Section 1.5 Laws and Regulations
.
(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.
(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, 855
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building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.
(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq
., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City’s Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City’s Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City’s Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.
Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.
Section 1.6 Inspections
.
Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and 856
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inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.
Section 1.7 Equal Opportunity.
(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Section 1.8 Working Hours
.
Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.
Section 1.9 Insurance and Bond Requirements
.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor’s receipt of the City’s approval of evidence of insurance coverage related to the construction of the Project.
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(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder’s Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in the Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the Project Specifications, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.
Section 1.10 Security In Lieu of Retention
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(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.
1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
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2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 859
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(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
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________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.
As provided in SB 854 (Stats. 2014, ch. 28): (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with DIR and qualified to perform public work pursuant to California Labor Code Section 1725.5 (Lab. Code §1771.1(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform publ ic work pursuant to Labor Code Section 1725.5 (Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).
Section 1.12 Job Site Notices.
Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
Section 1.13 Municipal Code Chapter 2.65 Requirements .
Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.
ARTICLE II
DEFAULT AND REMEDIES
Section 2.1 Events of Default.
In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.
Each of the following shall constitute a “Default” by Contractor under this Agreement:
(a) Breach of Covenants
. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the 861
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breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.
(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor’s relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development
. There shall be filed any claim of lien
(other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.
Section 2.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance
. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
(b) Right of Contest
. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.
Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative
. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and 862
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each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
Section 2.3 Waiver of Damages
.
Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.
ARTICLE III
GENERAL PROVISIONS
Section 3.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.
Contractor shall be solely responsible for its own acts and those of its agents and employees.
Section 3.2 Change Orders
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(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:
1. The work performed in connection with the change to be made;
2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2018 State of California Department of Transportation Standard Specifications; and
3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will 863
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become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.
Section 3.3 Claims By Contractor
.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City. (b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a “Claim”), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.
Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and 864
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entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.
Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.
1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.
2. If Contractor disputes City’s written response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
3. Within ten (10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in di spute, City will provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty (60) days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualifie d neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to Section 3.3(f) of this Agreement.
4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or to otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failure to have responded to a claim, or its failure to otherwise comply with the time requirements of Section 9204 of the Publ ic Contract Code, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant filing the Claim.
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5. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.
(f) Compliance
1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100
th day after the earlier of (i)
the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.
2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.
3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.
Section 3.4 Indemnification
.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs (collectively, “Actions”), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors’ employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor’s fault or negligence; provided, however, that Contractor’s, and Contractor’s subcontractors’ indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, 866
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compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.
Section 3.5 Non-Liability of City Officials, Employees and Agents .
No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.
Section 3.6 No Third Party Beneficiaries
.
There shall be no third party beneficiaries to this Agreement.
Section 3.7 Conflict of Interest
.
(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.
Section 3.8 Notices, Demands and Communications
.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and
(1) if intended for the City shall be addressed to:
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City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: XXXX
With copy to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall
be addressed to:
XXXX
XXXX
XXXX
Attn: XXXX
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.
Section 3.9 Applicable Law
.
This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 3.10 Parties Bound
.
Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.
Section 3.11 Severability
.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
868
A-16
Section 3.12 Force Majeure.
Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
Section 3.13 Waivers
.
Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.
Section 3.14 Title of Parts and Sections
.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.
Section 3.15 Entire Understanding of the Parties.
The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.
The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.
Section 3.16 Multiple Originals; Counterpart
.
869
A-17
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
[Signatures on following page]
870
A-18
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:
CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
CONTRACTOR:
XXXX
By: _________________________________
Name: _________________________________
Its: _________________________________
871
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Con tractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Con tractor understands the meaning of the following t e rms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide vari
ety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Ex treme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Cont
ract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or en tity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Execu ted this d ay of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
872
Performance Bond
32 City of Richmond
Department of Public Works
PERFORMANCE BOND
Bond No. ____________
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 202_, and identified as project __________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and __________, as surety, are held and firmly bound unto the City of Richmond (hereinafter called “City”), in the penal sum of __________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
873
Performance Bond
33 In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.
By: _________________________
Title: _________________________
By: _________________________
Title: _________________________
END OF PERFORMANCE BOND
874
Payment Bond
34 City of Richmond
Department of Public Works
PAYMENT BOND
(LABOR AND MATERIALS)
Bond No. ____________
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated __________, 202__, and identified as project __________, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Richmond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
Now, therefore, the principal and ____________, as corporate surety, are held firmly bound unto the City of Richmond (hereinafter called “City”) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of __________ dollars ($ __________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, 875
Payment Bond
35 extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.
By: _________________________
Title: _________________________
By: _________________________
Title: _________________________
END OF PAYMENT BOND
876
Warranty Bond
36 City of Richmond
Department of Public Works
WARRANTY BOND
City of Richmond (“City”) and ____________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS (“Project”). The Contract is incorporated by reference into this Warranty Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and _______________ __________, its surety (“Surety”), are bound to City as obligee in the maximum amount of 15% of the final Contract Price, unless otherwise specified in the Contract Documents.
2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one-year period commencing with City’s acceptance of the Project (“Warranty Period”).
3. Surety’s Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from City, repairs and remedies, at its sole expense, any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses City for all loss and damage that City sustains because of Contractor’s failure to makes such repairs in accordance with the Contract requirements, then Surety’s obligations under this Bond will be null and void.
Otherwise, Surety’s obligations will remain in full force and effect.
4. Waiver. Surety waives the provisions of Civil Code §§ 2819 and 2845.
5. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn: _________________________________________________ Address: ______________________________________________ City/State/Zip: _________________________________________ Phone: _______________________________________________ Fax: _________________________________________________ Email: ________________________________________________
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to 877
Warranty Bond
37 enforce the provisions of this Bond.
7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________.
[Signatures are on the following page.]
878
Warranty Bond
38 SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ Date
____________________________________
Name, Title
END OF WARRANTY BOND
879
C
APPENDIX C – CITY OF RICHMOND – INSURANCE REQUIREMNTS
880
Exhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 1 of 4
Revised: January 2013
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.
7. Contractor’s Pollution Liability
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.
881
Exhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 2 of 4
Revised: January 2013
General Liability
(primary and excess limits
combined)
PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
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.
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
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.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
882
Exhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 3 of 4
Revised: January 2013
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
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.
883
Exhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 4 of 4
Revised: January 2013
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.
884
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
ACORD Certificate of Liability Insurance
Standard Form
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
DATE
(MM/DD/YY)
THIS CERTIFICATE IS ISSUED AS MATTER OF
INFORMATION ONLY AND CONFERS NO RIGHTS UPON
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.
PRODUCER
INSURERS AFFORDING COVERAGE
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURED
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS
R
LTR
TYPE OF INSURANCE POLICY
NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY
EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE OCCUR MED EXPENSE (Any one person) $
_______________________________ PERSONAL & ADV INJURY $ _______________________________
GENERAL AGGREGATE $
GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $
POLICY
PRO-
JECT
LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident)
$
ANY AUTO $
ALL OWNED AUTOS $
SCHEDULED AUTOS
BODILY INJURY
(Per person) $
HIRED AUTOS $
NON-OWNED AUTOS
BODILY INJURY
(Per accident) $
_______________________________ $
PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY AUTO ONLY–EA ACCIDENT $
ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENC
OCCUR CLAIMS MADE AGGREGATE
$
DEDUCTIBLE $
RETENTION $
WC STATU-
TORY LIMITS
OTHER
E.L. EACH ACCIDENT $
E.L. DISEASE – EA EMPLOYEE $
WORKERS’ COMPENSATION AND
EMPLOYERS LIABILITY
E.L. DISEASE – POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: ____ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ______ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7/97) © ACORD CORPORATION 1988
APPENDIX A-9 COR Insurance Documents
(Sample) 1 of 7
885
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
IMPORTANT
If the certificate holder is an ADDITIONAL IN SURED, the policy(ies) must be endorsed.
A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A stat ement on this certific ate does not confer rights to the certificate holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
APPENDIX A-9 COR Insurance Documents
(Sample) 2 of 7
886
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsements
Preferred form
Reproduction of Insurance Services Office, Inc. Form
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED—OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
(If no entry appears above, information requir ed to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedul e, but only with respect to li ability arising out of “your work” for that insured by or for you.
CG 20 10 11 85 Copyright, Insura nce Services Office, Inc., 1982 APPENDIX A-9 COR Insurance Documents
(Sample) 3 of 7
887
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsements
Acceptable form when combined with CG 20 37 10 01
Reproduction of Insurance Services Office, Inc. Form
POLICY NUMBER: COMMERICAL GENERAL LIABILITY
CG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF LIMITS OF INSURANCE (DESIGNATED PROJECT OR PREMISES)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designation of Project Or Premises:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. Section II – WHO IS AN INSURED is amended to include as an in sured the person or organization shown in the Schedule but only wi th respect to liability arising out of your ongoing operations performed for the insured.
B. With respect to the insurance afforded to these additional insureds, the following exclusion is added:
1. Exclusions
This insurance does not apply to “bodily injury” or “property damage” occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than se rvice, maintenance or repairs) to be performed by or on behalf of the addition al insured(s) at the site of the covered operations has been completed; or
(2) That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than contractor or subcontractor engaged in performing oper ations for a principal as part of the same project.
CG 20 10 10 01 Page 1 of 1
ISO Properties, Inc., 2000
APPENDIX A-9 COR Insurance Documents
(Sample) 4 of 7
888
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsements
Acceptable form when combined with CG 20 10 10 01
Reproduction of Insurance Services Office, Inc. Form
POLICY NUMBER: COMMERICAL GENERAL LIABILITY
CG 20 37 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Location And Description of Completed Operations:
Additional Premium:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
Section II – WHO IS AN INSURED is amende d to include as an insured the person or organization shown in the Schedule but only with respect to li ability arising out of “your work” at the location designated and desc ribed in the Schedule of this endorsement performed for that insured and included in the “products-completed operations hazard.”
CG 20 37 10 01 Page 1 of 1
Copyright, ISO Properties, Inc., 2000
APPENDIX A-9 COR Insurance Documents
(Sample) 5 of 7
889
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsement
Waiver of Subrogation – Workers’ Compensation
FOUR STATE COMPENSATION INSURANCE FUND FORMS:
Reproduction of State Compensation
Insurance Fund Form
Certificate of Workers’ Compensation Insurance
STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE
POLICY NUMBER:
CERTIFICATE EXPIRES:
⎡
|
|
⎣
This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days’ written notice to the employer.
We will give you 30 days’ advance notice should this policy be canceled prior to its normal expiration.
This certificate of insurance is not an insurance policy and odes not amend, extend or alter the coverage afforded by the polic ies listed herein. Notwithstanding any requireme nt, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
PRESIDENT
(Note: following text is typewritten addition to printed form)
THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION ENDORSEMENT #2570.
AGAINST (ENTITY) ______________________ , ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS BY REASON OF ANY PAYMENT UNDER THIS POLICY.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ADDITIONAL INSURED EMPLOYER: ___________________________
ENDORSEMENT #2065 ENTITLED 30 DAY CANCELLATION NOTICE EFFECTIVE IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
LIABILITY OF THE STATE COMPENSATION INSURANCE FUND IS LIMITED TO ______________ FOR ALL DAMAGES FOR ONE OR MORE CLAIMS RESULTING FROM EACH ACCIDENT OF OCCURRENCE ARISING OUT OF ANY ONE EVENT.
EMPLOYER
APPENDIX A-9 COR Insurance Documents
(Sample) 6 of 7
890
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsement
Waiver of Subrogation – Liability
Reproduction of Insurance Services Office, Inc. Form
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
OCP LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have agai nst the person or organization shown I the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and incl uded in the “products-completed operations hazard.” This waiver applies only to the person or organization shown in the Schedule above.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992
APPENDIX A-9 COR Insurance Documents
(Sample) 7 of 7
891
D
APPENDIX D – CITY OF RICHMOND – TRUCK ROUTE
892
4.52 | richmond general plan 2030
4 circulation
23 2
3 4
5 6
7 8
9 10
11 12
13 14
15 1617
18 19
20 21
22 23
24 25
26 27
14 14
13 13
22 22
23 23
1 COUNTY COUNTY
COUNTY
COUNTY
CONTRA COSTA
COUNTY
COUNTY
PINOLE
HERCULES
EL CERRITO
SAN PABLO
COUNTY
KENSINGTON
ALAMEDA COUNTY
SAN PABLO AVE
23RD ST
RICHMOND PKWY
CARLSON BLVD
CUTTING BLVD
BARRETT AVE
MACDONALD AVE
GIANT RD
POTRERO AVE
MOESER LN
RUMRILL BLVD
CENTRAL AVE
GARRARD BLVD
RD 20
APPIAN WY
TENNENT AVE
SOLANO AVE
FAIRMOUNT AVE
WEST CUTTING BLVD
13TH ST
MCBRYDE AVE
HARBOUR WY
APPIAN WY
A R L I N G T O N B L V D
C A S T R O R A N C H R D
A L H A M B R A V A L L E Y R D
PINOLE V A L L E Y RD
V A L L E Y V I E W
R D
B L U M E DR
H I L L T O P D R
R E F U G I O V A L L E Y R D
S Y C A M O R E A V E
S A N P A B L O A V E
R I C H M O N D P K W Y
B R O O K S I D E D R S A N P A B L O D A M R D
E L P O R T A L D R
I-580
I-80
I-80
4 San Pablo Bay
San Francisco Bay
Richmond Inner Harbor
San Pablo
Reservoir
Refugio Creek
Pinole Creek
Wildcat Creek
Rheem Creek
San Pablo Creek
Garrity Creek
BART - Richmond Line
Richmond
BART Station
El Cerrito Del Norte
BART Station
El Cerrito Plaza
BART Station
Source: City of Richmond
22nd St. 1
23rd St. 2
Atlas Rd. 3
Blume Dr. 4
Canal Blvd. 5
Central Ave. 6
Dornan Dr. 7
Garrard Blvd. 8
Giant Hwy. 9
Hall Ave.10
Harbour Wy. So.11
Hilltop Dr.12
I-58013
I-8014
Macdonald Ave.15
Marina Bay Pkwy.16
Marina Way So.17
Meeker Ave.18
Ohio Ave.19
Parr Blvd.20
Regatta Blvd.21
Richmond Pkwy.22
San Pablo Ave.23
San Pablo Dam Rd.24
So. 4th St.25
W. Cutting Blvd.26
Wright Ave.27
N
0 1 20.5 MILES
A CRE S10
50 Existing Truck Routes
Map 4.4
Note: This map is provided for informational purposes
only. It may be periodically updated by the the City of Richmond Engineering Services Department.
23 2
3 4
5 6
7 8
9 10
11 12
13 14
15 1617
18 19
20 21
22 23
24 25
26 27
14 14
13 13
22 22
23 23
1 COUNTY COUNTY
COUNTY
COUNTY
CONTRA COSTA
COUNTY
COUNTY
PINOLE
HERCULES
EL CERRITO
SAN PABLO
COUNTY
KENSINGTON
ALAMEDA COUNTY
SAN PABLO AVE
23RD ST
RICHMOND PKWY
CARLSON BLVD
CUTTING BLVD
BARRETT AVE
MACDONALD AVE
GIANT RD
POTRERO AVE
MOESER LN
RUMRILL BLVD
CENTRAL AVE
GARRARD BLVD
RD 20
APPIAN WY
TENNENT AVE
SOLANO AVE
FAIRMOUNT AVE
WEST CUTTING BLVD
13TH ST
MCBRYDE AVE
HARBOUR WY
APPIAN WY
A R L I N G T O N B L V D
C A S T R O R A N C H R D
A L H A M B R A V A L L E Y R D
PINOLE V A L L E Y RD
V A L L E Y V I E W
R D
B L U M E DR
H I L L T O P D R
R E F U G I O V A L L E Y R D
S Y C A M O R E A V E
S A N P A B L O A V E
R I C H M O N D P K W Y
B R O O K S I D E D R S A N P A B L O D A M R D
E L P O R T A L D R
I-580
I-80
I-80
4 San Pablo Bay
San Francisco Bay
Richmond Inner Harbor
San Pablo
Reservoir
Refugio Creek
Pinole Creek
Wildcat Creek
Rheem Creek
San Pablo Creek
Garrity Creek
BART - Richmond Line
Richmond
BART Station
El Cerrito Del Norte
BART Station
El Cerrito Plaza
BART Station
Source: City of Richmond
22nd St. 1
23rd St. 2
Atlas Rd. 3
Blume Dr. 4
Canal Blvd. 5
Central Ave. 6
Dornan Dr. 7
Garrard Blvd. 8
Giant Hwy. 9
Hall Ave.10
Harbour Wy. So.11
Hilltop Dr.12
I-58013
I-8014
Macdonald Ave.15
Marina Bay Pkwy.16
Marina Way So.17
Meeker Ave.18
Ohio Ave.19
Parr Blvd.20
Regatta Blvd.21
Richmond Pkwy.22
San Pablo Ave.23
San Pablo Dam Rd.24
So. 4th St.25
W. Cutting Blvd.26
Wright Ave.27
N
0 1 20.5 MILES
A CRE S10
50 Existing Truck Routes
Map 4.4
Note: This map is provided for informational purposes
only. It may be periodically updated by the the City of Richmond Engineering Services Department.
893
#6 13th Street Bldg C, Richmond, CA 94804-3530
Telephone: (510) 231-3006 Fax: (510) 231-3039 www.ci.richmond.ca.us
PUBLIC WORKS
As-Needed Concrete Contractor for
Sidewalk Construction, ADA Curb Ramp,
and Miscellaneous Concrete Repair
March 14, 2024
Addendum No. 1
This addendum shall be incorporated and considered as part of the specifications for the above-mentioned Bid as though it had been issued at the same time.
The Public Works Department has made the following additions/changes to the above referenced Bid:
• In Invitation for Bids, under Work Location and Description:
Added, “The quantity of the bid schedule in this advertisement will not reflect the actual work order bid item quantities issued for construction.”
Please Note: Revised set of plans will be issued after this addendum.
All other information remains the same.
_________________________ _________
Ken Cheng, PE March 14, 2024 Senior Civil Engineer
Public Works Department
Engineering Division
894
#6 13th Street Bldg C, Richmond, CA 94804-3530
Telephone: (510) 231-3006 Fax: (510) 231-3039 www.ci.richmond.ca.us
PUBLIC WORKS
As-Needed Concrete Contractor for
Sidewalk Construction, ADA Curb Ramp,
and Miscellaneous Concrete Repair
March 19, 2024
Addendum No. 2
This addendum shall be incorporated and considered as part of the specifications for the above-mentioned Bid as though it had been issued at the same time.
The Public Works Department has made the following additions/changes to the above referenced Bid:
• Q&A will be attached to the Addendum #2
• In Invitation for Bids, under Work Location and Description:
Added, “The unit price of each bid item in this proposal will be used as measurement and payment based on the work order quantity issued by the engineer.”
Please Note: Revised set of plans will be issued after this addendum.
All other information remains the same.
_________________________ _________
Ken Cheng, PE March 19, 2024
Senior Civil Engineer
Public Works Department
Engineering Division
895
#6 13th Street Bldg C, Richmond, CA 94804-3530
Telephone: (510) 231-3006 Fax: (510) 231-3039 www.ci.richmond.ca.us
PUBLIC WORKS
As-Needed Concrete Contractor for
Sidewalk Construction, ADA Curb Ramp,
and Miscellaneous Concrete Repair
March 20, 2024
Addendum No. 3
This addendum shall be incorporated and considered as part of the specifications for the above-mentioned Bid as though it had been issued at the same time.
The Public Works Department has made the following additions/changes to the above referenced Bid:
• Q&A will be attached to the Addendum #3
• In Instructions to Bidders:
- Removed section 2 Site Visit
- Section 3 – Proposal – J: Removed “shall visit the site of work” - Section 5 – Time Limits of Work: Revised to “The contract shall expire in December 31, 2025 with an option to extend the contract for 1 year. The work to be performed shall be completed before the expiration of the contract. No additional working days will be compensated for the alternate additional bid items”
Please Note: Revised set of plans will be issued after this addendum.
All other information remains the same.
_________________________ _________
Ken Cheng, PE March 20, 2024 Senior Civil Engineer
Public Works Department
Engineering Division
896
3/25/2024
Calico California Constructores Inc
N/A
1220 Marin Ave.
San Pablo CA 94806
296-5473
510
932-9899
510
1100205
1/31/2025
1001004534
897
2,062.50
625.00
56.25 118.75
68.75 93.75
31.25 10,625.00
25.00 8,250.00
2,500.00
98,437.50
245,000.00
237,500.00
103,125.00
46,875.00
93,750.00
138,125.00
6,250.00
979,812.50
35.00 898
$979,812.50
Nine hundred and seventy nine thousand, eight hundred and twelve dollars and fifty cents
3 2
1 3/14/2024
3/19/2024
3/20/2024
3/24/2024
1100205
Carla Del Carpio/ President
899
President
3/25/2024
fifty
979,812.50
Nine hundred seventy nine thousand eight hundred and twelve 900
Calico California Constructores Inc
Carla Jeanina Liliana Del Carpio Quevedo, President, Secretary, treasurer.
901
Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership, or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with the City prior to or at time of bid opening; otherwise, the bid will be subject to rejection by City Council.
Address of Bidder:
1220 Marin Ave.
San Pablo CA 94806
Corporate Seal:
. '
•••••• \ .. > .., ' '. '-._J '
State of Incorporation
California
END OF BID SCHEDULE
Bid Schedule
22 .. '· ..
902
Yes
561 Juliga Woods St, Richmond CA 94804
(510)256-7009
Tree removal
Soil disposall
$164,000
Corporation
1000909997
Julian Tree Care Inc
903
Julian Tree Care, License# 1009796, type C61/D49 C51 Active, DIR# 1000909997 Julian Tree Care, License# 1009796, type C61/D49 C51 Active, DIR# 1000909997 CC
904
FY20 Sidewalk Repairs - City of Berkeley:
Remove and replace, concrete in curb &
residential driveways, asphalt curb & gutter, curb, drainage inlets, handycap curb.
Urban Tilth Farm Raingarden Project:
Planters, irrigation, sidewalk, comercial driveways
gutter, curb, sidewalks, ramps, tree removal, excavation, asphalt, drainage inlets. commercial and residential driveways.
Greek Theater Main Entry Plaza Replacement Project:
Remove and replace
Gilman Railroad Pedestrian Crossing Safety Project
DG and retention wall, commercial driveways and install signs the concrete on main entry of Greek Theater, asphalt, cobbles installation, sidewalk, curb & gutter Sidewalk, handycap ramps
2019-
2022-23
2024
2021-2022
905
Calico California Constructores Inc
Carla Jeanina Liliana Del Carpio Quevedo, President, Secretary, treasurer.
906
BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Bidder is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on or completing any contract for construction.
1. Have you ever been disqualified from any contract?
Yes Noy
2. If yes, explain the circumstances:
CadaP�
Signature of Bidder
END OF SUBCONTRACTOR FORM
Subcontractor Form
26 907
C
908
Carla Del Carpio
Principal
3/25/2024
909
N/A
N/A
910
911
912
Bond No. _n_/_a __ _
pty of Richmond
Department of Public Works
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS:
CALICO California Constructores Financial Pacific Insurance Company That We, , as Principal, and , as Surety, are hereby held and firmly bound unto the City of Richmond, in the penal sum of TEN PERCENT (10%) of the total bid submitted by said Principal to the City of Richmond for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, whereas the Principal has submitted to the City of Richmond a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the
NOW, THEREFORE, if said bid submitted by the Principal be accepted and the contract be awarded to the Principal and the Principal shall, within ten (10) days after having received notice that the contract has been awarded to the Principal. enter into the Contract so awarded, shall furnish the required corporate surety bonds and insurance coverage verification and shall in all other respects perform the agreement created by the acceptance of the bid, then this obligation shall be void, otherwise the same shall remain in full force and effect.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City of Richmond may accept such Bid; and said Surety does hereby waive notice of such extension.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's Bidder's Bond
32 913
fees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals on this
25th day of March , 2024.
By �wqy
Tit1eC'fO
Financial Pacific Insurance Company
Title: John J. Daley, Attorney-in-Fact
Note: This bond must be dated, the surety's signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
END OF IDDER'S BOND
Bidder's Bond
33 914
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifie s only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accu�acy, or validity of that document.
State of California
County of Contra Costa
On March 25, 2024
Date
before me, Kenneth J. Goodwin, Notary Public
Here Insert Name end Title of the Officer
personally appeared _J_o_h_n_J_._D_ a_l_e..:..y ___________ ____________ _ Name(s) or Signer(s)
KENNETH J. GOODWIN
t◄otart P:.b;ic • Ca'ifornia x
Contra Cos,.; County �
Commi11ion" 2432651
My comm. Expires Dec 27, 2026
who proved to me on the basis of satisfactory evidence to be the personw- whose name� is/- subscribed to the
within instrument and acknowledged to me that
he/sae/rl'ley executed the same in his/her/their authorized capacity(iesr, and that by his/aer/tl'!@H: signaturet57 on the instrument the person� or the entity upon behalf of
which the person� acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
Place Notary Seal Above Signa
------------ OPTIONAL
Though the information below is not required by law, it mayproveva/uab/e to persons relying on the document and could prevent fraudulent rJmoval and reattachment of/his form to another document Description of Attached Document
Title or Type of Document Bid Bond - City of Richmond
I
Document Date: March 25, 2024
Slgner(s) Othenhan Named Above! N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name: _J_o_h_n_J_. _D _ a_le_,y'--------
_ lndividual
_Corporate Officer --Title(s): _____ _
Partner Limited General
-ft Attorney in Fact
-
_Trustee
_Guardian or Conservator
Othcr. ________ _
Signer Is Representing:
Financial Pacific Insurance Company
Number of Pages: _T_w_o.....,_(0_2....,_) ____ _
Signer's Name: ____________ _
Individual
_Corporate Officer-Title(s): ---------
Pa rt n er _Limited __ General
Attorney in Fact
_Trustee
Top of thumb here
_Guardian or Conservator
Other: ________ _
Signer Is Representing: ____ _
©2007 National Notary Association• 9350 be Soto Ave .. , P.0.20x 2402 "Chatsworth, CA 81313-2402 • www,NatlonalNotary,org Item# 5907 Reorder: Call Toll-Free 1-800-676-6627 •
915
UNITED FIRE & CA�UALTY COMP ANY, CEDAR RAPIDS, IA
UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX
FINANCIAL PACIFI(: INSURAl\CE COMPANY, LOS ANGELES, CA
CERTIFIED COPY OF POVlER OF ATTORNEY
(01iginal 011 file at Home Office of Company - See Certification) Inquiries: Surety Department
ll8 Second Ave SE
Cedar Rapids, IA 52401
KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Compa11y. a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint JOHN J. DALEY, KENNETH J. GOODWIN, AMY CHAN, EACH INDIVIDUALLY their t:rne and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawfol bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $25,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted shall expire the 2nd day of June, 2025 unless sooner revoked Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. by United Fire & Casualty
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Di.rectors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI - Surety Bonds and Undertakings"
Section 2, Appointment of Anorney-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by wrincn ce11ificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligato1y instnunents of like nattu·e.
The signature of any officer authorized herehy, and the Corporate seal, may he affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signatt1re of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such anorneys-in-fact, subject to the limitations set of forth in their respective ce1tilicates of authority shall have full power to bind the Companies by their signatt1re and execution of any such instrnments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any anorney-in-fact.
State of Iowa, County of Li.rm, ss:
IN WJTNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 2nd day of J une, 2023
UNITED FIRE & CASUALTY COMPANY
UNITED FIRE & INDEMNITY COMPANY
FINANCIAL PACIFIC INSURANCE COMPANY
B
y
: 5,,,,__/"[�e President
On 2nd day of June, 2023, before me personally came Kyanna M. Saylor to me known, who being by me duly sworn, did depose and say; that she resides in Cedar Rapids, State of Iowa; that she is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signed her name thereto pursuant to like authonty, and acknowledges same to be the act and deed of said corporations ..i-"'"• Pam Waddell
� , �
l•"r Iowa Notarial Seal � I-I:' . •.J!/f:1!kl Commission number 713274 � Notary Pubhc ow• My Commission Expires 10/26/2025 My commission expires: !0i26/2025
I, Mary A. Bertsch, Assistant Secretaiy of United Fire & Casualty Company and Assistant Secretary of United Fire & Indenmity Company, and Assistant Secretaiy of Financial Pacific Insurance Company, do hereby ce1tify that I have compared the foregoir1g copy of the Power of Attorney and affidavit. and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE 11\ THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 25th day of March , 20.1±__.
BPOA0045 122017 J,
.-
By:
���1y.
UF&C & UF&I & FPIC
916
A-1
CONSTRUCTION AGREEMENT
Thi
s Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 202_, by and between the City of Richmond, a municipal corporation and charter city (“City”) and __________________, [IDENTIFY CORPORATE FORM] (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”
RECITALS
A. On March 13, 2024 the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of As-Needed Concrete Contractors for sidewalk construction, ADA curb ramp, and miscellaneous concrete repair located at various locations throughout the City of Richmond (the “Project”).
B. Contractor submitted the lowest responsive bid and has been determined to be responsible.
C. City now desires to contract with Contractor to furnish construction and related services for the Project.
NO
W THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:
ARTICLE I
CONSTRUCTION OF PROJECT
Se
ction 1.1 Contract Documents.
Pr
oject Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids [THIS
LIST MAY BE MODIFIED TO PROVIDE A MORE DETAILED DESCRIPTION OF THE DOCUMENTS FOR YOUR PROJECT – FOR EXAMPLE, YOU MAY SPECIFY THE NUMBER OF RFI/RESPONSES TO RFI THAT RE INCLUDED] – Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.” Se
ction 1.2 Construction.
Cont
ractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.
Section 1.3 Payments
.
Co
ntractor agrees to receive and accept the sums set forth in the Bid Schedule attached as 917
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part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.
Section 1.4 Discovery of Hazardous Waste or Unusual Conditions .
(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement. (c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
Section 1.5 Laws and Regulations
.
(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.
(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, 918
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building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.
(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq
., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City’s Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City’s Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City’s Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.
Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.
Section 1.6 Inspections
.
Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and 919
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inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.
Section 1.7 Equal Opportunity.
(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Section 1.8 Working Hours
.
Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.
Section 1.9 Insurance and Bond Requirements
.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor’s receipt of the City’s approval of evidence of insurance coverage related to the construction of the Project.
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(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder’s Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in the Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the Project Specifications, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.
Section 1.10 Security In Lieu of Retention
.
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.
1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
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2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 922
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(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
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________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.
As provided in SB 854 (Stats. 2014, ch. 28): (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with DIR and qualified to perform public work pursuant to California Labor Code Section 1725.5 (Lab. Code §1771.1(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform publ ic work pursuant to Labor Code Section 1725.5 (Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).
Section 1.12 Job Site Notices.
Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
Section 1.13 Municipal Code Chapter 2.65 Requirements .
Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.
ARTICLE II
DEFAULT AND REMEDIES
Section 2.1 Events of Default.
In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.
Each of the following shall constitute a “Default” by Contractor under this Agreement:
(a) Breach of Covenants
. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the 924
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breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.
(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor’s relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development
. There shall be filed any claim of lien
(other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.
Section 2.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance
. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
(b) Right of Contest
. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.
Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative
. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and 925
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each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
Section 2.3 Waiver of Damages
.
Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.
ARTICLE III
GENERAL PROVISIONS
Section 3.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.
Contractor shall be solely responsible for its own acts and those of its agents and employees.
Section 3.2 Change Orders
.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:
1. The work performed in connection with the change to be made;
2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2018 State of California Department of Transportation Standard Specifications; and
3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will 926
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become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.
Section 3.3 Claims By Contractor
.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City. (b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a “Claim”), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.
Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and 927
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entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.
Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.
1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.
2. If Contractor disputes City’s written response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
3. Within ten (10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in di spute, City will provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty (60) days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualifie d neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to Section 3.3(f) of this Agreement.
4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or to otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failure to have responded to a claim, or its failure to otherwise comply with the time requirements of Section 9204 of the Publ ic Contract Code, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant filing the Claim.
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5. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.
(f) Compliance
1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100
th day after the earlier of (i)
the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.
2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.
3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.
Section 3.4 Indemnification
.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs (collectively, “Actions”), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors’ employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor’s fault or negligence; provided, however, that Contractor’s, and Contractor’s subcontractors’ indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, 929
A-14
compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.
Section 3.5 Non-Liability of City Officials, Employees and Agents .
No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.
Section 3.6 No Third Party Beneficiaries
.
There shall be no third party beneficiaries to this Agreement.
Section 3.7 Conflict of Interest
.
(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.
Section 3.8 Notices, Demands and Communications
.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and
(1) if intended for the City shall be addressed to:
930
A-15
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: XXXX
With copy to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall
be addressed to:
XXXX
XXXX
XXXX
Attn: XXXX
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.
Section 3.9 Applicable Law
.
This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 3.10 Parties Bound
.
Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.
Section 3.11 Severability
.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
931
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Section 3.12 Force Majeure.
Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
Section 3.13 Waivers
.
Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.
Section 3.14 Title of Parts and Sections
.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.
Section 3.15 Entire Understanding of the Parties.
The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.
The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.
Section 3.16 Multiple Originals; Counterpart
.
932
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This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
[Signatures on following page]
933
A-18
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:
CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
CONTRACTOR:
XXXX
By: _________________________________
Name: _________________________________
Its: _________________________________
934
Appendix A-1 First Source Agreement (Sample) – 1 of 3
CITY OF RICHMOND
FIRST SOURCE AGREEMENT
RECITALS
THIS FIRST SOURCE AGREEMENT is entered into on the date stated below by and between the CITY OF RICHMOND, a municipal corporation and charter city (hereinafter the “City”), and _________________________ (hereinafter the “Employer”).
WHEREAS, the Employer has been awarded a contract, forgivable loan or subsidy by the City and/or the Richmond Community Redevelopment Agency, dated _____________________________,20 (hereinafter the “Contract”) to perform certain work and provide certain services at ________________________________in Richmond, California, described as follows:
WHEREAS, the Employer, in addition to the Contract, agrees to enter into this First Source Agreement (hereinafter the “FSA”) with the City;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Compliance with Chapter 2.56. Employer will comply with the terms of Chapter 2.56 of the Richmond Municipal Code, Local Employment Program (hereinafter the “Ordinance”), a copy of which is attached hereto and incorporated herein by reference.
2. Liaison. Employer shall designate a liaison for issues related to the Ordinance and this FSA. The liaison shall work with designated City of Richmond staff to facilitate effective implementation of the Ordinance and this FSA (hereinafter the “Designated City Staff”).
3. First Source Hiring Process for CONSTRUCTION and NON-CONSTRUCTION JOBS – Employer shall take the following steps regarding hiring in furtherance of the Contract. (a) Long-Range Planning. Employer shall, prior to hiring in furtherance of the Contract, and as soon as practicable, provide to the Designated City Staff the approximate number and type of hires that it will make for employment, and the basic qualifications necessary for each projected hire. (b) Dual Notification Process (CONSTRUCTION ONLY ). Where there is a signatory agreement with the local union and the associated craft, Employer shall work with the local union and the City of Richmond Employment and Training Department (hereinaft er the “ETD”) to fill those positions. The Employer shall forward to the ETD a copy of all personnel requests made to the trade unions, specifying the residency of personnel requested (this process is hereinafter referred to as the "dual notification process" and a description of it is attached hereto along with the Request for Craft form for use by the Employer). In the dual notification process, the Employer shall utilize the "name call," "rehires," "transfers," or "sponsorship" options in maximizing the participation of Richmond, California residents. 935
Appendix A-1 First Source Agreement (Sample) – 2 of 3 (c) Notification of job opportunities. Prior to hiring in furtherance of the Contract, Employer shall notify the Designated City Staff, by email or fax, of available job openings and provide a description of job responsibilities and qualifications, including expectations, salary, work schedule, duration of employment, required standard of appearance, and any special requirements, e.g., language skills, driver’s license, etc. Job qualifications shall be limited t o skills directly related to performance of job duties.
(d) Filling of job opportunities. Prior to announcing or advertising in any form and by any means (except for compliance with internal posting procedures) the availability of an employment position created by the vacancy of an existing position or a new employment position, the Employer shall utilize the dual notification process to notify the pertinent union, if appropriate, and ETD in writing of such position, including a general description of the position and Employer's minimum requirements for qualified applicants, and shall request any pertinent union and ETD to refer qualified applicants for such position to Employer's trade union and/or personnel representative, as appropriate. The Employer shall refrain from any general announcement or advertisement of the availability of such position for a period of ten (10) business days after notification to the ETD. This ten-day period shall be known as the "Advance Notice Period.” (e) Job Site Applications. In the event that any persons seek employment with the Employer at the job site, the Employer shall have the person complete a Job Site Application consisting of name, address, telephone number, social security number and trade. The Employer will then submit thi s information to the ETD.
(f) Transfer and Promotion. Nothing contained herein shall prevent the Employer from filling job vacancies or newly created positions without compliance with the foregoing procedures by transfer or promotion from its existing staff.
4. Monthly Reports. Employer shall, on a monthly basis, furnish certified payroll sheets to ETD.
Failure to provide the City with this information shall result in delay of progress payments for that portion which is deemed not in compliance with the provisions of this FSA.
5. Quarterly Reports. Employer shall prepare quarterly reports detailing the number of hires for employment in furtherance of the Contract during the quarter and stating what percentage of such hires were residents of Richmond, California. The D esignated City Staff shall assist Employer by preparing forms to be completed for this purpose. Reports shall be filed with the ETD within thirty (30) days after the completion of each quarter. Reports may include a description of any difficulties the Employer is having with obtaining qualified referrals through the Designated City Staff.
6. Non-compliance Procedure. In the event the City believes the Employer may not be in compliance with the requirements of this FSA, the following procedure will be followed:
(a) The Community and Economic Development Executive Director (hereinafter the “Executive Director”) or designee shall cause to be delivered to the Employer a written “Notice of Non - Compliance” (hereinafter the “Notice”). The Notice shall specify the matters which constitute the non- compliance; the specific action required to correct the non- compliance; and the time period during which such correction shall occur. In no event shall this time period be more than thirty (30) days after receipt of the Notice by the Employer. If the Notice is mailed, it will be deemed received five (5) days after the date of mailing.
936
Appendix A-1 First Source Agreement (Sample) – 3 of 3 (b) If the Employer disagrees with the Notice, they shall have the burden of proving compliance with the provisions of the Ordinance and shall submit any evidence and argument to the Executive Director or designee to establish compliance no more than thirty (30) days after receipt of the Notice by the Employer.
(c) In the event the Executive Director or designee subsequently agrees that compliance has occurred, the Executive Director or designee shall cause to be delivered promptly to the Employer a written “Notice of Correction of Non -Compliance,” specifying the original noncompliance which has been corrected.
(d) In the event the Executive Director or designee d oes not agree that compliance has occurred, the Executive Director or designee shall promptly notify the Employer by a written “Notice of Failure to Correct Non-Compliance” (“hereinafter the “Notice of Failure to Correct”), describing the facts constituting the non-compliance.
(e) After the issuance of the Notice of Failure to Correct, the Employer shall have the right to request a hearing before the City Manager or designee (hereinafter “Request for Hearing”), who shall make the final determination. The Request for a Hearing must be made within ten (10) working days after receipt of the Notice of Failure to Correct. If the Notice of Failure to Correct is mailed, it will be deemed received five (5) days after the date of mailing. The hearing shall be held no sooner than twenty (20) and no later than thirty (30) days after receipt by the City of the Request for Hearing, unless otherwise agreed to by the parties. At the hearing, the Employer will be allowed to present any evidence and argument it believes proves compliance.
The City Manager or designee shall issue their final determination no later than ten (10) business days after the hearing. The Employer must exhaust this administrative remedy prior to commencing legal action. (f) In the event no Request for Hearing is timely made, the determination of failure to correct non-compliance shall be deemed to be final.
(g) Should the Employer fail to comply with the Notice of Non-Compliance as specified above, and a final determination of non -compliance is made, the City may exercise any of its powers as specified in §2.56.080 of the Ordinance.
Executed this _________ day of ________________________________, 20_______.
EMPLOYER CITY OF RICHMOND
By: ____________________________________ By: __________________________________ Name: _________________________________ Name: _______________________________ Title: __________________________________
Approved as to form:
_____________________________________
City Attorney
937
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Con tractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Con tractor understands the meaning of the following t e rms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide vari
ety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Ex treme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Cont
ract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or en tity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Execu ted this d ay of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
938
Performance Bond
32 City of Richmond
Department of Public Works
PERFORMANCE BOND
Bond No. ____________
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 202_, and identified as project __________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and __________, as surety, are held and firmly bound unto the City of Richmond (hereinafter called “City”), in the penal sum of __________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
939
Performance Bond
33 In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.
By: _________________________
Title: _________________________
By: _________________________
Title: _________________________
END OF PERFORMANCE BOND
940
Payment Bond
34 City of Richmond
Department of Public Works
PAYMENT BOND
(LABOR AND MATERIALS)
Bond No. ____________
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated __________, 202__, and identified as project __________, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Richmond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
Now, therefore, the principal and ____________, as corporate surety, are held firmly bound unto the City of Richmond (hereinafter called “City”) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of __________ dollars ($ __________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, 941
Payment Bond
35 extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.
By: _________________________
Title: _________________________
By: _________________________
Title: _________________________
END OF PAYMENT BOND
942
Warranty Bond
36 City of Richmond
Department of Public Works
WARRANTY BOND
City of Richmond (“City”) and ____________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS (“Project”). The Contract is incorporated by reference into this Warranty Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and _______________ __________, its surety (“Surety”), are bound to City as obligee in the maximum amount of 15% of the final Contract Price, unless otherwise specified in the Contract Documents.
2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one-year period commencing with City’s acceptance of the Project (“Warranty Period”).
3. Surety’s Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from City, repairs and remedies, at its sole expense, any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses City for all loss and damage that City sustains because of Contractor’s failure to makes such repairs in accordance with the Contract requirements, then Surety’s obligations under this Bond will be null and void.
Otherwise, Surety’s obligations will remain in full force and effect.
4. Waiver. Surety waives the provisions of Civil Code §§ 2819 and 2845.
5. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn: _________________________________________________ Address: ______________________________________________ City/State/Zip: _________________________________________ Phone: _______________________________________________ Fax: _________________________________________________ Email: ________________________________________________
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to 943
Warranty Bond
37 enforce the provisions of this Bond.
7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________.
[Signatures are on the following page.]
944
Warranty Bond
38 SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ Date
____________________________________
Name, Title
END OF WARRANTY BOND
945
April 16, 2024
Public Works
DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria PE, Director of Public Works
Robert Armijo PE, Deputy Director of Public Works/City
Engineer
Josef Munoz, Capital Projects Manager
Subject:
Amendment #1 Arntz Builders, Inc. Construction Contract for Booker T. Anderson Community Center
FINANCIAL IMPACT: The work will be funded through BTA Community Center HVAC Renovate & Rebuild Project [Account String:
13636031-400708-AR247] and Booker T. Anderson Center
Infrastructure Project [Account String: 13636031-400708- 23045]. There is no impact to the General Fund.
PREVIOUS COUNCIL
ACTION:
February 1, 2022, August 19, 2022, October 4, 2022
STATEMENT OF THE
ISSUE:
As the City's Booker T. Anderson Community Center Fire
Restoration Project is nearing completion, more funds are needed to address areas of the facility that were not
damaged by the fire that took place on October 28, 2020, due to an encampment fire adjacent to the facility. As a result, the contract with Arntz Builders, Inc. will need to be amended to include additional work.
RECOMMENDED
ACTION:
ADOPT a resolution authorizing an amendment to the
construction contract with Arntz Builders, Inc. for the Booker T. Anderson Infrastructure Projects (#23008, #AR247 and #23045), in an amount of $676,537, for an amended total contract amount not to exceed $3,978,715; and AUTHORIZE the Director of Public Works to approve additional project budget and contingency usage, if necessary, for an amount of $397,871 that may increase the total contract not-to- exceed amount to $4,376,586 – Public Works Department
(Robert Armijo 510-620-5477/Josef Munoz 510-672-2407).
AGENDA
REPORT
946
April 16, 2024
DISCUSSION:
The Booker T. Anderson Community Center (BTA), located at 960 South 47th Street, suffered major fire damage on October 28, 2020, due to an encampment fire adjacent to the facility. The fire affected the west side of the building, including the library, multi-use rooms, and graphic arts room. The City mitigated the fire damage by demolishing and shoring all affected materials and removing all non-salvageable or non-cleanable building materials.
On February 1, 2022, the City Council awarded a contract to Angotii & Reilly, Inc. for the repair of the fire damage in an amount not to exceed $2,583,900, which included a 10 percent contingency. However, the contractor failed to comply with the insurance and bond requirements of the contract and did not proceed with the work as scheduled. The City Council terminated the contract on August 19, 2022, after several attempts to resolve the issues.
The City contacted Arntz Builders, Inc., the second lowest bidder, and requested a revised proposal based on the original scope of work. Arntz Builders, Inc. submitted a revised proposal of $2,933,200, which includes 36 percent local participation. The City Council reviewed the proposal and the need to minimize damages in a Closed Session on October 4, 2022, and directed the City staff to present the contract award to Arntz Builders, Inc. for approval. As part of the contract execution process, Arntz Builders, Inc. was required to sign a First Source and Compliance Agreement with the City to meet the local employment ordinance goal.
On October 25, 2022, the City executed a contract with Arntz Builders, Inc. for $3,302,178 which included the following:
Item Quantity
Bid $2,933,200
Contingency $300,198
Alternate #1 $43,780
Copper Vandalism $25,000
Total $3,302,178
Arntz Builders, Inc. proceeded with construction and reached substantial completion during Fall 2023. Prior to substantial completion, it was determined that the portion of the Heating, Ventilation, and Air Conditioning (HVAC) system that was not impacted by the fire should be replaced as well. On July 1, 2023, City Council approved to reallocate $500,000 Richmond Museum HVAC Project to BTA under #AR247 BTA Community Center HVAC Renovate & Rebuild Project for the eastern part of the building not impacted by the fire.
During the substantial completion phase, City staff sought to fund additional scope outside of the original contract amount of $3,303,178 to ensure a uniform renovation throughout the building. On December 5, 2023, City Council approved an additional 947
April 16, 2024
$1,000,000 in financing from the American Rescue Plan Act (ARPA) fund for BTA under #23045 Booker T. Anderson Infrastructure Project. Public Works collaborated with Public Works Operations Division, the Fire Department, and Community Services - Recreation to determine the additional work required for the structure. The additional scope includes, but is not limited to, various interior finish work, exterior building work, facility equipment, window replacement, fire alarm system, accessible parking spaces, closed-circuit television surveillance cameras, and HVAC system.
Projects Budget
#AR247 BTA Community Center HVAC Renovate & Rebuild $500,000 #23045 BTA Infrastructure $1,000,000
Total $1,500,000
In January 2024, the City asked Arntz Builders, Inc. to produce estimates for the additional change order work. Using the existing contractor for the additional scope has several advantages, the most important of which being their experience with the project's complexities, timetable, and quality expectations. Leveraging their current knowledge and experience shortens the onboarding period, providing a smooth integration of the additional scope into the present project. Furthermore, keeping continuity with the same contractor promotes consistency in communication, workflow, and execution, thereby expediting project development and lowering the likelihood of errors or delays. This method not only maximizes efficiency but also demonstrates prudent resource management, hence increasing the value proposition for project stakeholders.
City staff is recommending that the City Council approve a contract amendment to increase Arntz Builders, Inc. contract in the amount of $676,537 for an amended total contract amount not to exceed $3,978,715 and authorize the Director of Public Works to approve the use of the remaining project budget and contingency of $397,871 for any unforeseen or potential change order work that may be performed by Arntz Builders, Inc. In the event all the remaining work is completed through Arntz Builders, Inc. City staff is requesting that the Director of Public Works be given the authority to approve construction change orders of up to $397,871, potentially increasing the total contract to a total not-to-exceed amount of $4,376,586.
City staff is in negotiations with Arntz Builders, Inc. and intends to utilize existing on-call contractors and Public Works Operations for the remaining additional change order work to complete and close out the project. The cost of such work is not anticipated to exceed $397,871. Any balance remaining at the completion of the project will be returned to the ARPA fund or allocated to another project.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Original Construction Contract
Attachment 3 – 1st Amendment to the Construction Contract 948
Reso. No. xx-24
RESOLUTION NO. xx-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONSTRUCTION CONTRACT WITH ARNTZ BUILDERS, INC. FOR THE BOOKER T. ANDERSON
INFRASTRUCTURE PROJECTS FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $3,978,715 AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
APPROVE THE REMAINING PROJECT BUDGET AND CONTINGENCY USAGE, IF NECESSARY, UP TO AN AMOUNT OF $397,871, TO POTENTIALLY INCREASE THE CONTRACT FOR A TOTAL NOT-TO-EXCEED AMOUNT TO $4,376,586
WHEREAS, the Booker T. Anderson Community Center (BTA), located at 960 South 47th Street, suffered major fire damage on October 28, 2020, due to an encampment fire adjacent to the facility. This fire was concentrated on the West side of the building affecting the Library, Multi-Use Rooms, and Graphic Arts Room; and
WHEREAS, the facility fire damage was abated including demolition and shoring of all affected materials, including non-salvageable or non-cleanable building materials such as, but not limited to, glue lam beams, shear walls, vertical load walls and removal of all damaged building materials such drywalls, floor coverings, insulation, windows, electrical, plumbing, etc.; and
WHEREAS, the City Council awarded the construction contract on February 1, 2022, to the lowest bidder Angotii & Reilly, Inc. in an amount not to exceed $2,583,900, which included a $2,349,000 low bid plus $234,900 contingency with zero local participation; and
WHEREAS, due to insurance issues and long unresolved delays, on August 19, 2022, City Council terminated the Angotti & Reilly, Inc. contract due to failure to proceed with contractual work and submittal of their builder’s Risk Insurance; and
WHEREAS, in early September 2022, City staff contacted Arntz Builders, Inc., the next lowest bidder with a bid in the amount of $2,668,981, to submit a revised bid for same project based on the original scope of work for City consideration. On September 30, 2022, Arntz Builders Inc. submitted their revised bid in the amount of 2,933,200, with 36% local participation; and
WHEREAS, on October 25, 2022, City Council awarded a construction contract to Arntz Builders, Inc., for the #23008 BTA Community Center Fire Restoration Project for an amount not to exceed $3,302,178, including construction contingencies; and
WHEREAS, during construction the City recommended to increase the funding for BTA to include additional work outside of the fire damaged area, to address unmet community needs, ensure a consistent and cohesive design between the fire damage renovated portion of the building and the unimpacted areas, and accommodate a more cohesive recreational and educational facilities community space; and
WHEREAS, the City approved an additional $1,500,000 in funding for BTA to fund the additional work outside of the fire damaged area:
Project Budget City Council
Approval Date
#AR247 BTA Community Center HVAC Renovate &
Rebuild
$500,000 July 1, 2023
#23045 BTA Infrastructure $1,000,000 December 5, 2023
City staff has worked with Arntz Builders Inc. to identify $676,537 in additional scope to be completed by the Contractor; and
WHEREAS, staff desires to amend the total contract amount by $676,537 for a not to exceed total amount of $3,978,715, and authorize the Director of Public Works to approve the use of the contingency in the amount of $397,871 for additional potential change order work that may be performed by Arntz Builders, Inc. In the event all the remaining work is completed 949
Reso. No. xx-24
through Arntz Builders, Inc., staff requests that the Director of Public Works have the authority to approve the construction change orders up to $397,871 potentially increasing the contract to a not to exceed amount of $4,376,586; and
WHEREAS, by the agenda report (“Agenda Report”) accompanying this resolution the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the construction contract with Arntz Builders, Inc. for the BTA Projects (#23008, #AR247 and #23045) in the amount of $676,537 for an amended total contract amount not to exceed $3,978,715.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the Director of Public Works to approve change orders, if necessary, for up to a contingency amount up to $397,871 that may potentially increase the Arntz Builders, Inc. total contract amount to a not-to- exceed amount of $4,376,586.
BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.
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I certify that the f oregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held April 16, 2024, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
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From: Ursula Deloa <[email protected]>
Sent: Wednesday, October 26, 2022 1:16 PM
To: Dave Aleshire <[email protected]>; Shannon Moore <[email protected]>; Crystal Shanklin <[email protected]>; Trina Jackson-Lincoln <[email protected]>; Nickie Mastay <[email protected]>; Theresa Austin <[email protected]>; Noni Thomas <[email protected]>; Liliana Almonte <[email protected]>; Tiphanee Smith <[email protected]>; Antonio Banuelos <[email protected]>; Delmy Cuellar <[email protected]>; Shane Johnson <[email protected]>; Patrick Seals <[email protected]>; LaShonda White <[email protected]>; Jose Urquilla <[email protected]>; Shasa Curl <[email protected]>
Cc: City Clerk Dept User <[email protected]> Subject: APPROVED - Consent Calendar Items - 10-25-22
The following Consent Calendar items were approved by the City Council at its October 25, 2022, City Council meeting:
O. CITY COUNCIL CONSENT CALENDAR
O.1 Amending the Eviction Moratorium to Allow for Owner Move-ins in Residential Units
ADOPT an ordinance (second reading) amending Urgency Ordinance No. 02-21 entitled “Eviction Moratorium” to allow for owners of residential rental property within the City of Richmond to move in during the remainder of the Eviction Moratorium – City Attorney’s Office (Dave Aleshire/Shannon Moore 510-620- 6505).
O.2 Environmental Justice Issues Pertaining to Richmond San Rafael Bridge Traffic Congestion –(Removed from consent calendar for discussion – resolution approved with revisions)
ADOPT a resolution in support of addressing environmental justice issues pertaining to the Richmond San Rafael Bridge traffic congestion – Councilmember Demnlus Johnson III (510-620-6568).
O.3 Booker T. Anderson Community Center Fire Restoration Second Contract Award
APPROVE contract with Arntz Builders, Inc. for the Booker T. Anderson Community Center Fire Restoration project, located at 960 South 47th Street, Richmond, in an amount not to exceed $3,302,178 including $2,933,200 low bid, plus $43,780 Alternate #1, plus copper vandalism $25,000, plus $300,198 contingency – Public Works Department (Nickie Mastay 510-620-6609). 979
Ursula De Loa
Deputy City Clerk
City Of Richmond
450 Civic Center Plaza
Richmond, CA 94804
510-621-1257 (Direct)
510-620-6513 (Main)
Please Note: This message is being sent on a public e-mail system and may be subject to disclosure pursuant to the California Public Records Act. The City Clerk’s Department is prohibited from giving legal advice, per California Business and Professions Code 6125.
980
Arntz Builders, Inc.
Contract #6318
Vendor #15671
Original Contract Amount w/Contingency: $3,302,178
Revised Contract Amendment #1 Contract Amount: $3,978,715 Revised Potential Contract with Contingency Amount: $4,376,586
FIRST AMENDMENT TO
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND ARNTZ BUILDERS, INC.
This First Amendment to the Construction Agreement (the “First Amendment”) is entered into as of April 16, 2024, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Arntz Builders, Inc., (“Contractor”), with reference to the following facts.
RECITALS
A. City and Contractor entered into that certain Construction Agreement dated November 15, 2022 (the “Agreement”) to furnish construction of the Booker T. Anderson Fire Restoration Project, located at 960 S. 47th St., Richmond, CA (the “Project”).
B. The Parties now desire to enter into this First Amendment in order to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $676,537 (the “Additional Expenditures”), for a total amended not-to exceed amount of $3,978,715 as set forth on Attachment 1 attached and incorporated hereto (the “First Amended Amount”).
NOW THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows:
Section 1 Amendment to Payments.
The Construction Agreement is hereby amended by this First Amendment in order to increase the Original Amount by the Additional Expenditures to reflect a new total of authorized expenditures under the Construction Agreement, equal to the First Amended Amount.
Section 2. Amendment to Scope of Work.
The Construction Agreement is hereby amended by this First Amendment in order to address the additional scope to the Project as set forth in Attachment 1.
Section 3. Miscellaneous.
(a) Except as amended by First Amendment, the Construction Agreement has not been modified and is in full force and effect.
981
(b) Each of the individuals executing this First Amendment on behalf of the Contractor and City individually represents and warrants that he or she has been authorized to do so and has the power to bind the party for whom they are signing. (c) This First Amendment may be signed in any number of counterparts with the same effect as it the signatures to each counterpart were upon a single instrument, and is intended to be binding when all parties have delivered their signatures to the other parties.
Signatures may be delivered by facsimile or electronic transmission. All counterparts shall be deemed an original of this First Amendment.
(d) WHEREFORE, the Parties have executed this First Amendment on or as of the date first above written.
IN WITNESS WHEREOF, City and Contractor have executed this First Amendment duly authorized representatives, all on the date first written above.
CITY:
Reviewed By: CITY OF RICHMOND, a municipal
corporation and charter city
City Attorney By:
Name: Shasa Curl
ATTEST: Its: City Manager
City Clerk
CONTRACTOR:
Arntz Builders, Inc., a Corporation
By:
Name:
Its:
982
ATTACHMENT 1
983
City of Richmond CA
CHANGE ORDER
CCO NUMBER SUPPL. NUMBER CONTRACT NO. PROJECT
1 6318 Booker T. Anderson Community Center
TO Arntz Builders, Inc. Contractor
You are directed to make the following changes from the plans and specifications or do the following described work not included in the plans and specifications for this contract.
Description of work to be done, estimate of quantities, and prices to be paid:
The following Work shall be furnished and installed, unless otherwise noted:
• All Work shown in ASI 54, dated 1/16/24; include interior painting of gym • All Work described in ASI 55, dated 1/16/24
• Abatement of ACT, cove base, and associated mastics at rooms 104, 105, 106, and 107 • All Work shown in ASI 56, dated 1/26/24
• New epoxy cove base at Room 129; include work underneath existing sink per attached sketch • Gym room 113: remove, clean, and reinstall existing rubber base to wall around entire perimeter of gym • Clean gutters of entire building (both east and west sections), including removing vegetation, flushing out gutters and downspouts of all debris/clogs/etc; excludes sheet metal, dry rot repairs, and clearing below grade storm drains
• Room 129: replace broken window with a new assembly – to match the new double pane assembly at the other window in the room. Includes any touch up to restore adjacent finishes to existing conditions that might be necessary after window installation. Excludes installation of security grates (to be installed by Owner afterwards). • Owner Contingency of $125,000 currently in Contractor’s scope is deleted
Adjustment of Contract Value
The Contract value shall be adjusted by the NET CHANGE AMOUNT shown below:
PCO Item Amount
66.1a ASI 54 - interior finishes $149,686.25
67 ASI 55 - fire alarm $110,937.68
68.1 ASI 56 - HVAC east well $391,075.44
69 Add epoxy base room 129 $4,151.10
70 Window repair room 129 $13,508.23
71 Misc extra work $7,178.00
NET CHANGE AMOUNT $676,536.70
Original Contract value $3,302,178.00
Net Change Amount $676,537.00
Amended Contract Value $3,978,715.00
10% Contingency $397,871.00
By reason of this order the time of completion will be adjusted as follows: N/A
CITY OF RICHMOND APPROVAL BY
SIGNATURE (PRINT NAME & TITLE) DATE
We, the undersigned contractor, have given careful consideration to the change proposed and agree to provide equipment, furnish materials, and perform the work specified above, and will accept as full payment the prices shown above. NOTE: If you· do not sign this order, you are directed to proceed with the ordered work and follow procedures in accordance with the Construction Agreement.
CONTRACTOR ACCEPTANCE BY
SIGNATURE (PRINT NAME & TITLE) DATE
984
April 16, 2024
Public Works
DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works/City Engineer
Wendy Wellbrock, PE, Senior Civil Engineer
Subject:
Ghilotti Bros., Inc. Contract Amendment #1 for The
Yellow Brick Road Project
FINANCIAL IMPACT: $134,439.32 in the General Capital Fund is available for construction of the Yellow Brick Road Project. This will result in no new impact to the General Fund.
Account String: 20136031-400708-29113 (General
Capital Fund)
PREVIOUS COUNCIL
ACTION:
City Council adopted Resolution 22-21 on March 2, 2021, authorizing the award of a construction contract to
Ghilotti Bros., Inc. for the Yellow Brick Road Project for an amount not to exceed $7,542,695.05.
STATEMENT OF THE
ISSUE:
City staff is requesting approval to amend the
construction contract with Ghilotti Bros., Inc. to complete the Yellow Brick Road Project, in the amount of
$134,439.32, for an amended total contract amount not
to exceed $7,677,134.37, which includes $54,439.32 for
additional unforeseen work and a contingency amount of
$80,000 for potential additional change order work.
AGENDA
REPORT
985
April 16, 2024
RECOMMENDED ACTION:
ADOPT a resolution amending the construction contract
with Ghilotti Bros., Inc. for the Yellow Brick Road Project in the amount of $134,439.32, for an amended total
contract amount not to exceed $7,677,134.37, which
includes $54,439.32 for project-related work and a
contingency amount of $80,000 for potential additional
change order work; and AUTHORIZE the Director of
Public Works to approve construction change orders, if
necessary, for the contingency amount of $80,000 –
Public Works Department (Robert Armijo 510-620-5477/
Wendy Wellbrock 510-307-8108).
DISCUSSION:
This project is the first phase in the City’s effort to implement the Yellow Brick Road Iron Triangle Walkable Neighborhood Plan, which was adopted by City Council on May 19, 2015. The Yellow Brick Road is a community led effort to designate and implement safe walking and bicycling routes for Iron Triangle Neighborhood residents to increase walking and bicycling modes of transportation to and from places of interest including schools, parks, downtown Richmond (including health care facilities, shopping destinations, Post Office, etc.), the Richmond multimodal station, the Richmond Greenway, and the Bay Trail.
The project limits are 7th Street from Ripley Avenue to Pennsylvania Avenue, 8th Street from Ohio Avenue to Lincoln Avenue, and Pennsylvania Avenue from 2nd Street to Harbour Way. The scope of work includes pedestrian safety improvements including crosswalks, traffic circles, bulbouts, sidewalk and roadway improvements, striping, traffic and pedestrian signals and lighting, and storm drain improvements.
The contract with Ghilotti Bros., Inc. for the Yellow Brick Road project was approved on March 2, 2021, for a total amount not to exceed $7,542,695.05, including construction contingencies. During construction, delays and unforeseen existing conditions required that additional work be performed. This work was not included in the original contract scope but is necessary to maintain accessibility and safe conditions along the Yellow Brick Road project area and will improve the finish of the completed project.
City staff is recommending that the City Council approve a contract amendment to increase Ghilotti Bros., Inc. contract in the amount of $134,439.32, for an amended total contract amount not to exceed $7,677,134.37, which includes $54,439.32 for project- related work and a contingency amount of $80,000 for potential additional change orders; and authorize the Director of Public Works to approve construction change orders, if necessary, up to the contingency amount of $80,000. City staff is in negotiations with Ghilotti Bros., Inc. for remaining additional change orders to complete and close out the project and is not anticipated to exceed $80,000. Any balance remaining at the completion of the project will be returned to the General Capital Fund.
986
April 16, 2024
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Original Construction Contract
Attachment 3 – 1st Amendment to the Construction Contract
987
Reso. No. xx-24
RESOLUTION NO. xx-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONSTRUCTION CONTRACT WITH GHILOTTI BROS., INC. FOR THE YELLOW BRICK ROAD PROJECT FOR AN AMOUNT NOT TO EXCEED $7,677,134.37
WHEREAS, the Yellow Brick Road Project is the first phase in the City’s effort to implement the Yellow Brick Road Iron Triangle Walkable Neighborhood Plan, which was adopted by the City Council on May 19, 2015; and
WHEREAS, the Yellow Brick Road is a community led effort to designate and implement safe walking and bicycling routes for Iron Triangle Neighborhood residents to increase walking and bicycling modes of transportation to and from places of interest including schools, parks, downtown Richmond (including health care facilities, shopping destinations, Post Office, etc.), the Richmond multimodal station, the Richmond Greenway, and the Bay Trail; and
WHEREAS, the project limits are 7th Street from Ripley Avenue to Pennsylvania Avenue, 8th Street from Ohio Avenue to Lincoln Avenue, and Pennsylvania Avenue from 2nd Street to Harbour Way. The scope of work includes pedestrian safety improvements including crosswalks, traffic circles, bulbouts, sidewalk and roadway improvements, striping, traffic and pedestrian signals and lighting, and storm drain improvement; and
WHEREAS, on March 21, 2021, City Council awarded a construction contract to Ghilotti Bros., Inc., for the Yellow Brick Road Project for an amount not to exceed $7,542,695.05, including construction contingencies; and
WHEREAS, during construction, delays and unforeseen existing conditions required that additional work be performed outside of the original contract scope; and
WHEREAS, staff desires to amend the total contract amount for an amount not to exceed $7,677,134.37, which includes $54,439.32 for unforeseen work and a contingency amount of $80,000 for potential additional change orders; and authorize the Director of Public Works to approve construction change orders, if necessary, for a contingency amount of $80,000; and
WHEREAS, by the agenda report (“Agenda Report”) accompanying this resolution the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the construction contract with Ghilotti Bros., Inc. for the Yellow Brick Road Project in the amount of $134,439.32, for an amended total contract amount not to exceed $7,677,134.37, which includes $54,439.32 for additional unforeseen work and a contingency amount of $80,000.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the Director of Public Works to approve change orders, if necessary, for up a contingency amount up to $80,000.
BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.
988
Reso. No. xx-24
*************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held April 16, 2024, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
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Ghilotti Bros., Inc. Initia l Contract Amount w/Contingency: $7,542,695.05 Contract #5515 Contract Amendment #1: $54,439.32
Vendor #4399 Total Contract: $7,597,134.37
FIRST AMENDMENT TO
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND GHILOTTI BROS, INC.
This First Amendment to the Construction Agreement (the “First Amendment”) is entered into as of April 16, 2024, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Ghilotti Bros., Inc., (“Contractor”), with reference to the following facts.
RECITALS
A. City and Contractor entered into that certain Construction Agreement dated March 3, 2021 (the “Agreement”) to furnish construction of the Yellow Brick Road Project, located at 7th Street from Ripley Avenue to Pennsylvania Avenue, 8th Street from Ohio Avenue to Lincoln Avenue, and Pennsylvania Avenue from 2nd Street to Harbour Way (the “Project”).
B. The Parties now desire to enter into th is First Amendment in order to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $54,439.32 (the “Additional Expenditures”), for a total amended not-to exceed amount of $7,597,134.37 as set forth on Attachment 1 attached and incorporated hereto (the “First Amended Amount”).
NOW THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows:
Section 1 Amendment to Payments.
The Construction Agreement is hereby amended by this First Amendment in order to increase the Original Amount by the Additional Expenditures to reflect a new total of authorized expenditures under the Construction Agreement, equal to the First Amended Amount.
Section 2. Amendment to Scope of Work.
The Construction Agreement is hereby amended by this First Amendment in order to add extra work due to unforeseen circumstances to the Project as set forth in Attachment 1.
Section 3. Miscellaneous.
(a) Except as amended by First Amendment, the Construction Agreement has not been modified and is in full force and effect.
1056
Ghilotti Bros., Inc. Initia l Contract Amount w/Contingency: $7,542,695.05 Contract #5515 Contract Amendment #1: $54,439.32
Vendor #4399 Total Contract: $7,597,134.37
(b) Each of the individuals executing this First Amendment on behalf of the Contractor and City individually represents and warrants that he or she has been authorized to do so and has the power to bind the party for whom they are signing.
(c) This First Amendment may be signed in any number of counterparts with the same effect as it the signatures to each counterpart were upon a single instrument, and is intended to be binding when all parties have delivered their signatures to the other parties.
Signatures may be delivered by facsimile or electronic transmission. All counterparts shall be deemed an original of this First Amendment.
(d) WHEREFORE, the Parties have executed this First Amendment on or as of the date first above written.
IN WITNESS WHEREOF, City and Contractor have executed this First Amendment duly authorized representatives, all on the date first written above.
CITY:
Reviewed By:
CITY OF RICHMOND, a municipal
corporation an
d charter city
City Attorney By: _______________________________
Name: Shasa Curl
ATTEST: Its: City Manager
City Clerk
CONTRACTOR:
Ghilotti Bros., Inc., a Corporation
By: _______________________________
Name:
Its:
1057
ATTACHMENT 1
1058
Yellow Brick Road Pedestrian & Bicycle Safety Improvements Project Federal-Aid Project No. ATPL-5137(049)
CONTRACT CHANGE ORDER #18
Concrete Improvements / Soil Amending
Change Requested by: City / GBI Date: March 15, 2024 To: Ghilotti Bros, Inc. (GBI)
You are hereby directed to make the following changes from the plans and specifications or perform the following described work not included in the plans and specifications of this contract. All new work herein described shall be done in accordance with the applicable provisions of the plans and specifications, except as specifically modified by this contract change order.
DESCRIPTION:
1) During the construction phase, several curb ramps could not be completed due to PG&E electrical boxes or guy wires conflicting with the new concrete improvements. PG&E electrical boxes located at Bissell Avenue, Macdonald Avenue and Nevin Avenue needed to be relocated or adjusted to correctly construct the curb ramps. Guy wires located at Bissell Avenue and 4th Street needed to be relocated out of the new curb ramp limits. PG&E has completed their work to adjust or relocate their facilities to allow for the completion of the concrete improvements. GBI shall complete the concrete improvements / curb ramps at the following locations:
a. Bissell Avenue: southwest and southeast corners.
b. Macdonald Avenue: southwest, southeast, and northeast corners. c. Nevin Avenue: northwest corner.
d. 4th Street & Pennsylvania Avenue: southeast corner.
GBI shall provide mobilization, labor, materials, equipment, and supervision to complete the curb ramps at these locations. The City shall compensate GBI a total of $103,256.04 per COR #50.1 dated 06/28/2023 to complete this work. The concrete improvements shall be performed in accordance with the plans, specifications, and applicable Caltrans Standard Specifications.
2) Per CCO # 15, GBI and their landscape subcontractor, Lone Star, were to amend the soil in Schedule B areas. The agreed-upon COR # 042.1 included soil amending at all planters, bulb-outs and medians in the Schedule B area. However, POGO Park performed soil amending at the bulb-outs near Hawthorne, Maple and Acacia, therefore the soil amending area (quantity) was reduced. GBI and Lone Star agreed to lower their original price to perform the soil amending since the quantity was reduced. This item is to remove the previously accepted amount of $75,429.00 in COR # 042.1 and replace it with GBI’s new COR # 042.2 for $44,260.70 for actual work performed. [The item included in CCO # 15 was as follows:
Due to high metals and pH levels in the existing soil in the medians, bulb-outs and planters in the Schedule B project limits, POGO Park has requested that soil amending be performed to a depth of four (4) feet to help promote future tree planting and growth. The Contractor had previously amended the soil in the medians, bulb-outs and planters to an approximate depth of two (2) feet per guidance by POGO Park, however some concentrations of metals and high pH are still present in the soil. Therefore, additional soil amending is required for healthy soil to promote tree growth. The Contractor shall provide the additional soil amending per direction from POGO park, by adding gypsum and compost to the soil in the medians, bulb-outs, and planters. The Contractor shall provide all labor, materials, equipment and supervision to complete the soil amending. The City agrees with $75,429.00 of the costs submitted in GBI’s COR # 042.1 for this work.]
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Yellow Brick Road Pedestrian & Bicycle Safety Improvements Project Federal-Aid Project No. ATPL-5137(049)
3) Per CCO # 15, an allowance of $30,000 was included for GBI to provide traffic control and flagging for Lone Star as they performed the soil amending. The actual costs for the traffic control and flagging performed by GBI are included in GBI’s COR # 052. The traffic control and flagging costs performed on a time and material (T&M) basis totaled $13,077.21. This item is to remove the allowance of $30,000 and replace it with the actual costs in COR # 052. [The item included in CCO # 15 was as follows: The City will agree to GBI performing the necessary traffic control related to the Traffic Signal Modifications at 7th Street and Pennsylvania Avenue (Item #1 above) and the additional soil amending at the medians, bulb-outs and planters in the Schedule B project limits (Item #2 above) on a time and materials basis. A total not-to-exceed (NTE) amount of $30,000.00 is included herein as an allowance for traffic control to be performed for both scopes of work. The Contractor shall provide daily tags showing all labor, materials, and equipment for the CM review and signature each day that traffic control is performed.]
REASONS FOR CHANGE:
1) See above Description for the reason for this change.
COST OF CHANGE: This change order increases the contract amount by $55,164.95 as shown in the table below.
Item Description Units Unit Cost Quantity Cost
1 COR # 50.1 Concrete Improvements LS $103,256.04 1 $103,256.04 2a GBI COR # 042.1 – Additional Soil Amending in
Schedule B area
LS -$75,429.00 1 -$75,429.00
2b GBI COR # 042.2 – Additional Soil Amending in
Schedule B area
LS $44,260.70 1 $44,260.70
3a Allowance for Traffic Control for Items #1 and #2
above – to be performed on a T&M basis
LS -$30,000.00 1 -$30,000.00
3b GBI COR # 052 Traffic Control / Flagging for Soil
Amending Work by Lone Star (actual costs)
LS $13,077.21 1 $13,077.21
CCO #18 Total Cost Adjustment: $55,164.95
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Yellow Brick Road Pedestrian & Bicycle Safety Improvements Project Federal-Aid Project No. ATPL-5137(049)
CONTRACT VALUE ADJUSTMENT:
The original contract value was $6,856,995.50. Change Orders #01 through #17 have revised the contract amount to $7,541,969.42.
This Contract Change Order increases the contract value by $55,164.95 to a new revised contract amount of $7,597,134.37.
CONTRACT TIME ADJUSTMENT:
The contractual working days is revised to 585 working days from the previous 396 working days to account for the PG&E work. The remaining project work includes completion of the seven curb ramps and programming the traffic signal controller at 7th Street. The contractual completion date will be revised to April 30, 2024 from the previous date of July 31, 2023.
APPROVAL RECOMMENDED BY
SIGNATURE (PRINT NAME AND TITLE) DATE
Robert Addiego, Resident Engineer,
Swinerton Management & Consulting
03/15/24
CITY APPROVAL BY
SIGNATURE (PRINT NAME AND TITLE) DATE
Wendy Wellbrock, P.E. – Senior Civil Engineer
City of Richmond Public Works Dept.
03/15/24
CONTRACTOR ACCEPTANCE BY
SIGNATURE (PRINT NAME AND TITLE) DATE
Troy Simning – VP of Project Management
Ghilotti Bros., Inc.
03/15/24
This change order constitutes full and complete compensation for all labor, equipment, materials, overhead, extended overhead and profit required to perform the changes described above in accordance with the applicable provisions of the contract documents. This change order is not effective until approved by the Engineer.
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Yellow Brick Road Pedestrian & Bicycle Safety Improvements Project Federal-Aid Project No. ATPL-5137(049)
Attachment A
SCOPE
Task 1 – GBI shall complete the concrete improvements at Bissell Avenue & 8th Street, Macdonald Avenue & 8th Street, Nevin Avenue & 8th Street, and 4th Street and Pennsylvania Avenue per the attached COR #50.1 dated 06/28/2023 for $103,256.04.
Task 2 – See the attached GBI COR # 042.2 dated 01/10/2024. The City will agree to $44,747.57 for the additional soil amending work in the Schedule B areas.
Task 3 – See the attached GBI COR # 052 dated 01/09/2024. The City will agree to $13,077.21 for the traffic control and flagging during the soil amending work in the Schedule B areas.
1062
April 16, 2024
Finance Department
DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Andrea Miller, Director of Finance
Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works/City Engineer
Josef Munoz, Capital Projects Manager
Mubeen Qader, Deputy Director of Finance
Subject:
Capital Improvement Plan Projects Update
FINANCIAL IMPACT: Appropriation of $4,058,438 from Fiscal Year 2022-23 Unspent Funds
PREVIOUS COUNCIL
ACTION:
March 5, 2024
STATEMENT OF THE
ISSUE:
City staff is bringing forth a capital projects prioritization, status update, and appropriation of Fiscal Year 2022-23 unspent funds and ARPA funding exchange with General
Capital Fund for several projects.
RECOMMENDED ACTION: RECEIVE an update regarding the prioritization and status of the Capital Improvement Plan Projects; and
ADOPT a resolution to APPROPRIATE $4,058,438 of
unspent funds from Fiscal Year 2022-23 – Finance
Department (Andrea Miller 510-620-6790).
DISCUSSION:
On March 5, 2024, City Council received a mid-year budget review presentation. During that meeting, City Council asked City staff to further evaluate the Capital Improvement Projects (CIP) listed on Attachment 8 of the March 5, 2024, mid-year staff report AGENDA
REPORT
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April 16, 2024
(Attachment 1). City Council directed staff to consider the following criteria as part of the evaluation process:
Legal Compliance Issues
Funding Obligation such as American Rescue Plan Act (ARPA) Housing/Facility issues such as Station #63
Health and Safety Issues
Quality of Life
Finance and Public Works staff worked closely together to further evaluate the projects and to determine those projects under development for the current fiscal year, and those that will be developed in future fiscal years.
As shown in Table 1, City staff identified $8,782,686 available for capital projects from a combination of prior year unspent funds of $6,879,432, and the net increase of mid-year revenue and expenditure adjustments of $1,903,254. On March 5, City Council appropriated $400,000 which left a remaining balance of $8,382,686 in unspent funds.
City staff is recommending an appropriation of $4,058,438 of those remaining unspent funds ($3,503,008 will be exchanged with ARPA funding to expand park-related projects and $555,430 will support funding gaps in existing CIP projects). This leaves a contingency or set-aside of $4,324,248 in remaining unspent funds for future allocation.
Due to the timing of revenue and expenditure fluctuations throughout the fiscal year, staff does not recommend allocating the full amount identified until the fiscal year is complete and there is a better sense of how those revenue and expenditures will materialize. In addition, it is impractical to encumber funds this close to the end of the fiscal year as they will need to be reallocated in the new fiscal year beginning July 1, 2024.
Table 1: Unspent Funds
Description Amount
FY 2022-23 Unspent Funds and Available Revenue
(Presented on March 5,2024) 8,782,686
City Council Appropriations (March 5, 2024) (400,000)
Balance of FY 2022-23 Unspent Funds 8,382,686
Exchange Funding with ARPA (See Table 2) (3,503,008)
Existing Capital Projects with Funding Gaps (See Table 3) (555,430) Contingency/Set Aside 4,324,248
This agenda item is to further evaluate the capital improvement projects, provide status updates on the approved projects, review estimated timelines for each project, provide partial unspent funds allocation to soccer fields, and discuss funding allocation exchange of ARPA and General Capital Fund between the Main Library Revitalization and Sidewalk Improvements Project.
1064
April 16, 2024
Capital Projects Status and Timeline
During the mid-year budget review presentation on March 5, 2024, the City Council allocated $400,000 for select projects ($300,000 to Fire Station 63; $50,000 to 37th Street; and $50,000 to Nevin Avenue between 19th – 27th Streets). City Council did not allocate a significant part of the unspent funds and directed staff to prioritize and provide status updates and timelines on the currently approved projects. The Capital Projects team of engineers were hired in the spring of 2023 or after, and there are three additional engineer recruitments currently in progress. The Public Works department is reorganizing the administrative unit to provide enhanced support for project management. Given additional staff and an enhanced administrative unit, the capital projects are expected to move quicker.
Attachment 2 details the preliminary CIP Plan, annual budgets, and their respective timelines.
Unspent Funds Allocation Recommendation and Exchange with ARPA
On November 28, 2023, the City Council allocated $4,200,000 of American Rescue Plan Act (ARPA) funds to soccer fields/parks/restrooms. The ARPA funding will be applied to improvements at two community parks (Martin Luther King, Jr. Park and Shields-Reid Park), and one neighborhood park (Wendell Park). The improvements include, but are not limited to, courts, lighting, play areas, and restrooms to improve or expand the usability of existing fields. The planned improvements adjacent to fields are key to accessibility for residents from across the city and usability during the winter and evening hours. Since ARPA funds must be encumbered by December 31, 2024, City staff recommends exchanging $3,503,008 in ARPA allocations referenced below in Table 2 with the unspent funds and reappropriate ARPA funds to the soccer fields/parks/restrooms project with an expanded scope of work.
Table 2: List of Projects Exchanging ARPA Fund with Unspent Funds ARPA Project Amount Current
Funding
Recommended
Funding
Fire Station 66 Restroom 423,283 ARPA Unspent Funds
Recreation Center HVAC 1,114,975 ARPA Unspent Funds
Shields-Reid HVAC 900,000 ARPA Unspent Funds
Nevin Center HVAC 1,064,750 ARPA Unspent Funds
Total 3,503,008
The additional appropriation of $3,503,008 for the soccer fields/parks/restrooms project would increase the total appropriation from $4,200,000 to $7,703,008. The additional funding will allow the City to expand the scope of work with enhanced services and improvements at these parks (Attachment 3).
In addition, as shown in Table 3, City staff recommends appropriating $555,430 from the prior year unspent funds to the following projects: Harbour 8 Park Extension 1065
April 16, 2024
($300,000), 6th Street & Macdonald Ave Signal Improvement ($205,430), and Bridge Preventive Maintenance ($50,000). Harbour 8 Park Extension and 6th Street & Macdonald Avenue Signal Improvement projects are currently in construction and have a funding gap. These projects need the identified funds to close out the projects. The Bridge Preventive Maintenance project requires a funding match for the Statewide Transportation Improvement Program (STIP) Federal Grant.
Table 3 Capital Projects Recommended for Unspent Funds
Existing Capital Improvement Project with Funding Gap Unspent Funds Harbour 8 Park Extension 300,000
6th Street & Macdonald Ave Signal Improvement 205,430
Bridge Preventative Maintenance 50,000
Total 555,430
Historic Richmond Main Library Renovation Project Funding Exchange
City Council appropriated a total of $4,156,490 in ARPA funding to the Library Renovation project in two different meetings in 2022. Since ARPA funds must be encumbered by December 31, 2024, and the project construction costs will not be encumbered in 2024, City staff recommends that the balance of the appropriation, $1,898,377, be exchanged with the General Capital funds and to reappropriate the ARPA funds of $1,898,377 to Americans with Disabilities Act (ADA) Miscellaneous Sidewalk Rehabilitation project.
Table 4: Main Library and ADA Sidewalk Funding Exchange Project Amount Current
Funding New Funding
Library Revitalization Project Fund
Exchange 1,898,377 ARPA General Capital
ADA Miscellaneous Sidewalk
Rehabilitation project. 1,898,377 General
Capital ARPA
In order to meet ARPA deadlines and complete critical CIP projects, City staff recommends that City Council adopts the resolution to appropriate General Fund unspent funds and exchange ARPA funds with unspent funds (Attachment 4).
Next Steps
City staff will continue to develop the Multi-Year Capital Improvement Plan and will present a draft as part of the FY 2024-25 Budget development process on May 28, 2024.
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April 16, 2024
DOCUMENTS ATTACHED:
Attachment 1 – From March 5, 2024, Attachment 8 Capital Improvement Projects with Projected Shortfalls
Attachment 2 – CIP Status Report
Attachment 3 – Soccer Field-Parks-Restrooms Scope of Work Attachment 4 – Resolution
1067
Attachment 8 - Capital Improvment Projects with Projected Shortfall Count CIP # Project Name Total Project
Cost
Estimated
Shortfall
City Council
Agenda
03/23/2023
Mid Year
City Council
Agenda
05/16/2023
Q3
City Council
Agenda
11/07/2023
Unspent Funds
City Council
Agenda
12/07/23
ARPA
City Council
Agenda
02/06/2024
City Council
Agenda
03/05/2024
Mid Year
City Council
Agenda
03/05/2024
Mid Year -
Additional
Request
Future Years
(Unfunded)
2 01A04 Americans with Disabilities Act Miscellaneous Sidewalk Rehab $ 3,115,181 (3,115,000)$ 3,115,181$ 3 4 23G07 ATP Quick Build Cutting/Hoffman
29103 Cutting/Hoffman & Harbour Way S.
5 SB115 Street Paving - SB1 - Cutting Harbour Way S. Bikeway 6 23006 Boorman Park Revitalzation $ 6,950,000 (3,000,000)$ 3,000,000$ 7 AR247 Booker T. Anderson Community Center Renovation and Rebuild $ 500,000 -$ 29122 Carlson Blvd. Crosstown Connection Improvements
9 23034 Corp Yard Bathroom Remodel $ 175,000 (45,000)$ 45,000$ 10 23029 Dirt World Bike Park $ 1,170,000 -$
11 05G01 Fire Station 66 - Gender Specfic Restrooms $ 1,281,000 (505,000)$ 81,717$ 423,283$ 12 29125 Greening the Yellow Brick Road $ 4,100,000 -$ 13 23023 Greenway Rehab and Bike Education $ 124,810 (25,000)$ 25,000$ 14 23014 Hilltop Fire Station Card Reader $ 70,000 (20,000)$ 20,000$ 15 23022 Harbour Way & Wright Section 130 $ 1,200,000 -$ 17 23015 Native American Health Center $ 50,000 -$ 18 AR232 Nevin Center HVAC - ARPA $ 1,036,000 (575,000)$ 575,000$ 19 AR233 Recreation Center HVAC - ARPA $ 1,092,000 (640,000)$ 640,000$ 20 23037 Santa Rita Road Stabilization Project $ 1,140,000 -$ 22 23028 Shields-Reid Park Revitalization $ 8,000,000 -$ 23 01A05 Street Paving $ 2,810,455 -$ 461,717$ 11,000,000$ Pt Molate Beach Restoration
750,000$ (750,000)$ 21 01A14
SF Bay Trail - Pt. Molate
$ 7,688,264
16 29110 I-80 Central Interchance Phase II $ 16,073,000 (1,730,000)$ (1,270,000)$ 750,000$ 520,000$
8 $ 2,123,233 -$
8 23033 Carlson Blvd. Pavement Improvement Project $ 4,134,927 29104 Carlson Blvd. Crosstown Connection Improvements
23G06 ATP Quick Build Cutting/Hoffman
$ 2,690,506 (280,000)$
215,000$
280,000$
1 29120 13th Street Complete Street $ 5,291,466 (215,000)$
Attachment 8 - Capital Improvment Projects with Projected Shortfall Count CIP # Project Name Total Project
Cost
Estimated
Shortfall
City Council
Agenda
03/23/2023
Mid Year
City Council
Agenda
05/16/2023
Q3
City Council
Agenda
11/07/2023
Unspent Funds
City Council
Agenda
12/07/23
ARPA
City Council
Agenda
02/06/2024
City Council
Agenda
03/05/2024
Mid Year
City Council
Agenda
03/05/2024
Mid Year -
Additional
Request
Future Years
(Unfunded)
24 01C09 Surface Drainage $ 300,000 -$
#18 Barrett Ave and Key Blvd
#12 S 55th St
#5 S 37th St and Wall Ave
#4 Esmond Ave between 24th St and 26th St
#7 32nd St between Garvin Ave and Clinton Ave
#13 State Ave and 49th St
#2 Carlson Blvd and Carl Ave
#8 Mariposa St and Carl Ave
#9 I-580 and Bayview Ave
#17 Three Rail Crossings: Point Richmond
#1 15th St and Macdonald Ave
#3 16th St and Macdonald Ave
#6 Merced St and Carl Ave
#10 29th St and Vale Rd
#11 41st St / 42nd St
#14 Carlson Blvd and Sutter Ave
#15 Carlson Blvd and Shasta St
#16 Carlson Blvd and Tehama Ave
Yellow Brick Road Clean, Green & Beautiful - Street Lighting -$ Yellow Brick Road Clean, Green & Beautiful - Add Scope to POGO YBR -$ Yellow Brick Road Clean, Green & Beautiful - Harbour 8 Park -$ 28 23041 Lincoln Safe Routes to School $ 761,880 (265,000)$ 265,000$ 29 23042 Barrett Ave Road Improvements $ 1,719,520 (315,000)$ 315,000$ 30 23043 Macdonald Ave Pedestrian Crossing $ 274,560 (50,000)$ 50,000$ 31 23039 McBryde Safe Routes to Parks $ 1,285,730 (260,000)$ 260,000$ 32 23040 Bayview to BART $ 1,944,122 (270,000)$ 270,000$ 33 23031 Richmond Art and Lighting $ 4,000,000 -$ 34 16G12 Richmond Wellness Trail Phase II $ 4,816,154 -$ 35 16G11 Neighborhood Complete Streets 5,181,173$ -$ 37 CSA20 Auditorium Convention Center Upgrades 1,500,000$ -$ Richmond Communites Clean Collaborative - Boorman Park $ 5,503,742 (1,500,000)$ 1,500,000$ 38 23030
-$
27 23032 $ 5,000,000
36 22A02 Flood Risk Reduction - Rheem Creek $ 2,248,844 26 29113 Yellow Brick Road $ 8,499,000 (300,000)$ 300,000$ 25 23035 Traffic Calming Program FY 23-24 $ 1,200,000 -$
Attachment 8 - Capital Improvment Projects with Projected Shortfall Count CIP # Project Name Total Project
Cost
Estimated
Shortfall
City Council
Agenda
03/23/2023
Mid Year
City Council
Agenda
05/16/2023
Q3
City Council
Agenda
11/07/2023
Unspent Funds
City Council
Agenda
12/07/23
ARPA
City Council
Agenda
02/06/2024
City Council
Agenda
03/05/2024
Mid Year
City Council
Agenda
03/05/2024
Mid Year -
Additional
Request
Future Years
(Unfunded)
Richmond Communities Clean Collaborative - 7th St Bike Lane $ 600,112 -$ 39 CSA27 Shields-Reid Community Center HVAC System Upgrade 1,050,000$ (900,000)$ 900,000$ 42 23008 BTA Community Center Fire Restortation $ 3,309,678 -$ 43 PM902 Point Molate Cottages Repair $ 357,350 -$ 520,000$ 44 36028 Cafeteria Building @ Shipyard #3 $ 142,000 -$ 45 23045 Booker T. Anderson Infrastructure $ 1,000,000 (1,000,000)$ 1,000,000$ 46 22107 Stormwater Infrastructure $ 750,000 (750,000)$ 750,000$ 47 23046 Soccer Fields-Restrooms-Parks $ 4,200,000 (4,200,000)$ 4,200,000$ 48 23048 Street Sweeping Signs $ 550,000 -$ 550,000$ 49 23011 Area FM Cap 924,842$ -$
50 01L10 Cogeneration 3,000,000$ -$
51 22103 Cutting Blvd. & Harbour Way S. Sewer Line Wet Weather Improvement Project 2,000,000$ -$ 52 01Z10 Dornan Drive Force Main Rehabilitation 4,000,000$ -$ 53 22A01 Full Trash Capture Facilities 42,934$ -$ 54 01X10 Grit and Aeration Replacement 20,000,000$ -$ 55 36009 Point Potrero Marine Terminal (PPMT) Electrical And Watering Metering 365,000$ -$ 56 36011 Point Potrero Marine Terminal (PPMT) Electrical Maintenance 60,000$ -$ 57 36012 Point Potrero Marine Terminal (PPMT) Pavement Maintenance 150,000$ -$ 58 36021 Process Building Window Repair 45,000$ -$ 59 36014 Processing Building Ventilation 55,000$ -$ 60 36005 Riggers Loft Painting 285,000$ -$
61 22235 Sanitary Sewer Brick Manhole Repairs 250,000$ -$ 62 22230 Sanitary Sewer Repairs 2,500,000$ -$
63 22104 South 33rd Wet Weather Sewer Line 2,000,000$ -$ 64 36020 Terminals 7 & 8 Dredging 65,000$ -$ 65 36007 Terminals 7 & 8 Electrification 1,700,000$ -$ 66 01M10 WWTP Sludge Thickener 13,597,400$ -$
760,000$ 41 23021 Terminal 4 Wharf Removal $ 9,612,605 (760,000)$ 15,000,000$ 40 AR231 Revitalizing the Historic Richmond Main Library $ 29,569,469 (15,000,000)$ 38 23030
Attachment 8 - Capital Improvment Projects with Projected Shortfall Count CIP # Project Name Total Project
Cost
Estimated
Shortfall
City Council
Agenda
03/23/2023
Mid Year
City Council
Agenda
05/16/2023
Q3
City Council
Agenda
11/07/2023
Unspent Funds
City Council
Agenda
12/07/23
ARPA
City Council
Agenda
02/06/2024
City Council
Agenda
03/05/2024
Mid Year
City Council
Agenda
03/05/2024
Mid Year -
Additional
Request
Future Years
(Unfunded)
67 (2) 23012 Corp Yard Fuel Sites Upgrades $ 1,680,000 (1,380,000)$ 250,000$ 1,250,000$ 68 (12) 23004 Harbour 8 Park Extension $ 8,850,000 (350,000)$ 350,000$ 1 Richmond Tunnel Lighting 60,000$ 500,000$
3 Station 63 300,000$ 3,000,000$
4 Annual Roof Improvements 300,000$ -$ 2,000,000$ 5 Street Light Improvements 300,000$ 200,000$ 2,000,000$ 6 Corp Yard Fence Replacement and Security 278,501$ 75,000$ 400,000$ 7 Fire Emergency Exit Routes for Mitigation Measures 50,000$ 8 Via Verdi Mitigation $ 4,500,000 (4,500,000)$ 400,000$ 4,100,000$ -$ 9 Civic Center Plaza Landscape and Citywide Plant & Median Materials 200,000$ -$ 10 Traffic Calming (locations 1-18)/Complete Streets/Paving $ 1,500,000 (1,500,000)$ 500,000$ 1,100,000$ 1,500,000$ 11 Booker T. Anderson - Transformer Pole Removal 150,000$ 13 CIP Management Software 50,000$ 100,000$ 14 Abatement, Fencing, Boulder, K-Rails, Others $ 75,000 (75,000)$ 75,000$ 17 07001 Nevin Ave. from 19th to 27th Stt - Grant Closeout $ 50,000 (50,000)$ 50,000$ -$ 16 29105 37th Street Improvementt - Grant Closeout $ 50,000 (50,000)$ 50,000$ -$ 18 Street Signs, Traffic Signals & Street Light Poles data Collection/Management 540,081$ 40,000$ -$ 65,000$ 69 (15) 23G02 Bridge Preventive Maintenance $ 2,262,679 (105,000)$
Attachment 8 - Capital Improvment Projects with Projected Shortfall Count CIP # Project Name Total Project
Cost
Estimated
Shortfall
City Council
Agenda
03/23/2023
Mid Year
City Council
Agenda
05/16/2023
Q3
City Council
Agenda
11/07/2023
Unspent Funds
City Council
Agenda
12/07/23
ARPA
City Council
Agenda
02/06/2024
City Council
Agenda
03/05/2024
Mid Year
City Council
Agenda
03/05/2024
Mid Year -
Additional
Request
Future Years
(Unfunded)
01015 Martin Luther King Jr. Community Center 16,028,789$ (15,000,000)$ 15,000,000$ Auditorium Various Improvements 9,000,000$ (9,000,000)$ 9,000,000$ 23017 Parks Yard Fuel Site Upgrades $ 1,800,000 (1,580,000)$ 1,580,000$ Regatta and S34th Wayside Horn 250,000$ (250,000)$ 250,000$ Richmond Electrical Pull-Box Replacement 215,000$ (215,000)$ 215,000$ Richmond Parkway 4,500,000$ (4,500,000)$ 4,500,000$ Traffic Signals LED light replacement 250,000$ (250,000)$ 250,000$ Replace Windows at the Recreation Complex (energy efficient) 200,000$ (200,000)$ 200,000$ Fire Department Regional Training Center 2,000,000$ (2,000,000)$ 2,000,000$ Replace Station 66 8,000,000$ (8,000,000)$ 8,000,000$ Replace Station 67 8,000,000$ (8,000,000)$ 8,000,000$ Training Tower at New Facility 800,000$ (800,000)$ 800,000$ Broadband Accessibility Project 500,000$ (500,000)$ 500,000$ Computer Replacement/Upgrades 3,000,000$ (3,000,000)$ 3,000,000$ Fiber Expansion 1,800,000$ (1,800,000)$ 1,800,000$ New Police Facility 80,000,000$ (80,000,000)$ 80,000,000$ Marina Bay Switchgear Replacement 700,000$ (700,000)$ 700,000$ Urban Greening Master Plan Update & Implementation Plan/Budget 300,000$ Parks Master Plan Update & Implementation Plan/Budget 300,000$ Facility Needs Assessment and Implementation Plan 500,000$ 01B02 Traffic Safety Improvements $ 375,000 -$ 20201 Fire Trail Access $ 50,000 (50,000)$ 50,000$ STR23 2023 Winter Storm Related Cost $ 406,812 (406,812)$ 406,812$ Fully Funded Projects
Mid-Year Project Requests
Inactive/Unfunded Projects
Annual Programs
Legend
Attachment 2 - CIP Status Report
Queued Planned Design Bid Construction Closeout Program Count
Project
ID Project Phase Project Name
City Project
Manager
Consultant Project
Management
03/05/24 CC Priority
Criteria Project Cost
$ Prior Year
Actuals (Start to
FY2022-23
Period 13)
$ FY2023-24
Actuals &
Encumbrance
Q1-Q3
FY2023-24 Projected
Encumbrances
Q4
$
FY2024-25
$
FY2025-26
$
FY2026-27
$
FY2027-28
$
FY2028-29
$
Out Year
Progress %
Complete
(Excluding
Closeout)
Queued
Start
Queued
End
Planning
Start
Planning
End
Design
Start
Design
End
Bid/Award
Start
Bid/Award
End
Construction
Start
Construction
End
Closeout
Start
Closeout
E n d Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4 1 29120 Design 13th Street Complete Street Josef Munoz <Null> Funding Obligation, Quality of Life $ 5,291,466 $ 763,785 $ 128,547 $ 106,075 $ 3,888,0 59 $ 405,000 20% 01/01/23 09/30/24 10/01/24 01/01/25 02/01/25 12/31/25 01/01/26 03/31/26 2 23015 Planning
2560-2622 and 2566 Macdonald Ave
Building Improvements - Needs
Assessment Only
Wendy Wellbrock <Null> Health & Safety $ 50,000 $ - $ - $ 50,000 2% 3/1/2024 7/31/2024
3 29105 Closeout 37th St Improvement - Closeout Only Robert Armijo Professional PM Services Needed Funding Obligation 50,000$ $ - $ - $ 50,000 0% 8/1/2023 3/31/2024 4/1/2024 8/31/2024 4/1/2025 7/31/2024 4 23047 Design 6th St and Macdonald Ave Traffic
Signal Light Improvement Ken Cheng <Null> Health & Safety $ 241,000 $ 241,000 40% 1/1/2024 3/29/2024 4/1/2024 5/31/2024 6/1/2024 7/31/2024 8/1/2024 10/31/2024 5 23053 Construction Abatement, Fencing, Boulder, K-Rails, Other Tawfic N. Halaby <Null> Health & Safety 75,000 $ $ - $ 75,000 0% 6 01A04 Ongoing
Program
Americans with Disabilities Act (ADA),
Sidewalk, Curbs Jose Valenzuela Professional PM
Services Needed
Funding Obligation,
Quality of Life, Health &
Safety
3,576,898$ $ 5,208,251 $ 408,808 $ 3,168,090 5% 2/5/2024 3/31/2024 4/1/2024 12/31/2024 3/13/2024 3/28/2024 7/1/2024 12/31/2025 1/1/2026 3/31/2026 7 23011 Design AREA FM CAP Craig Murray <Null> Legal Compliance 924,842 $ $ 21,313 $ 11,912 $ 891,617 25% 7/1/2023 5/31/2024 6/1/2024 7/31/2024 8/1/2024 12/31/2024 1/1/2025 3/31/2025 8 23G06 Construction ATP Quick Build Cutting/Hoffman Ken Cheng <Null> Funding Obligation, Quality of Life 1,205,253$ $ 340,764 $ 422,699 $ 441,790 70% 3/1/2024 3/31/2024 4/19/2024 6/30/2024 7/1/2024 9/30/2024 9 23G07 Construction ATP Quick Build Harbour Way S. Cycle Track Ken Cheng <Null> Funding Obligation,
Quality of Life 325,000$ 320,876.15 4,123.85 70% 3/1/2024 3/31/2024 4/19/2024 6/30/2024 7/1/2024 9/30/2024 10 CSA20 Construction Auditorium Convention Center
Upgrades Josef Munoz <Null> Quality of Life $ 1,500,000 $ 699,110 $ 305,021 $ 495, 869 85% 1/1/2023 4/30/2024 5/1/2024 7/31/2024
11 23042 Queued Barrett Ave Road Improvements Daniel Chavarria Professional PM Services Needed
Funding Obligation,
Quality of Life $ 1,719,520 $ - $ - $ 315,000 $ 1,4 04,520 0% 4/1/2023 2/28/2024 3/1/2024 4/30/2024 5/1/2024 7/31/2025 9/30/2025 3/31/2026 4/1/2026 1/31/2027 2/1/2027 4/1/2027 12 23040 Queued Bayview to BART Robert Armijo Professional PM Services Needed
Funding Obligation,
Quality of Life $ 1,944,122 $ - $ - $ 270,000 $ 1,67 4,122 0% 4/1/2023 2/28/2024
13 23045 Construction Booker T. Anderson Center
Infrastructure Josef Munoz <Null> Quality of Life $ 1,000,000 $ - $ 81,000 $ 919,000 60% 2/12/2024 6/30/2024 7/1/2024 11/30/2024
14 23008 Closeout Booker T. Anderson Community
Center Fire Restoration Josef Munoz <Null>
Funding Obligation,
Health & Safety, Quality
of Life
$ 3,309,678 $ 2,670,583 $ 1,196,646 $ (557,550) 100% 12/1/2023 11/30/2024
15 AR247 Construction Booker T. Anderson Community
Center HVAC Renovation and Rebuild Josef Munoz <Null> Funding Obligation, Quality of Life $ 500,000 $ - $ - $ 414,358 $ 85,642 60% 2/12/2024 8/31/2024 9/1/2024 11/30/2024
16 23006 Design Boorman Park Revitalization Jene Levine- Snipes mack5 Funding Obligation,
Quality of Life 6,950,000$ $ 411,757 $ 403,007 $ 6,135,237 20% 1/1/2023 8/31/2024 9/1/2024 12/31/2024 1/1/2025 9/7/2025 9/8/2025 11/8/2025 17 23G02 Queued Bridge Preventive Maintenance Josef Munoz APM Funding Obligation, Health & Safety 2,262,679$ $ 34,480 $ 19,000 $ 100,000 $ 2,109,199 17% 1/1/2023 2/28/2024
18 36028 Design Cafeteria Building at Shipyard #3 Charles Gerard CSW Housing & Facility 141,894 $ $ - $ - $ 67,000 $ 74,894 0%
19 23033 Design Carlson Blvd Pavement Improvement
Project Ken Cheng <Null> Quality of Life 4,134,927 $ $ - $ 61,955 $ 300,000 $ 3,772,972 5% 1/29/2024 4/30/2024 5/1/2024 11/30/2024 12/1/2024 3/31/2025 4/1/2025 12/31/2025 1/1/2026 3/31/2026 20 23051 Ongoing
Program
Civic Center Plaza Landscaping and
Citywide Plant & Median Materials Tawfic N. Halaby <Null> Quality of Life 200,000 $ $ - $ - $ 200,000 0% 21 01L10 Design Cogeneration - Design Only Mary Phelps <Null> Legal Compliance 4,548,016 $ $ 874,174 $ 673,842 $ 3,000,000 NA 22 23034 Queued Corp Yard Bathroom Remodel Tawfic N. Halaby Professional PM Services Needed Health & Safety 175,000 $ $ - $ - $ 175,000 22% 1/1/2023 6/30/2025 7/1/2025 2/28/2025 3/1/2025 6/30/2025 7/1/2025 10/31/2025 11/1/2025 1/31/2026 23 23052 Planning Corp Yard Fence - Design Only Tawfic N. Halaby Professional PM Services Needed Health & Safety 37,500 $ $ - $ - $ 37,500 0% 24 23012 Queued Corp Yard Fuel Sites Upgrades Tawfic N. Halaby Professional PM Services Needed
Legal Compliance,
Health & Safety $ 1,680,000 $ 122,730 $ - $ 1,557,270 25% 1/1/2023 2/28/2024
25 22103 Design
Cutting Blvd. & Harbour Way S. Sewer
Line Wet Weather
Improvement Project
Mary Phelps <Null> Health & Safety 2,000,000 $ $ - $ - $ 2,000,000 NA 26 23029 Construction Dirt World Bike Park Wendy Wellbrock mack5 Funding Obligation, Quality of Life 1,170,000$ $ 131,612 $ 888,568 $ 149,820 40% 10/18/2022 9/30/2023 10/12/2023 1/23/2024 3/12/2024 7/31/2024 8/1/2024 10/31/2024 27 01Z10 Construction Dornan Drive Force Main
Rehabilitation Jeff Barich <Null> Health & Safety 4,000,000 $ $ - $ 336,180 $ 3,663,820 75% 9/1/2023 6/30/2024 7/1/2024 9/30/2024
28 23050 Design Dornan T unnel Lighting - Design Only Josef Munoz Professional PM Services Needed Quality of Life 40,000 $ $ - $ - $ 15,000 $ 25 ,000 15% 1/1/2023 6/30/2026 7/1/2026 12/31/2026
29 01U10 Construction Ferry Point Pump Station Jeff Barich <Null> Health & Safety 3,600,000 $ $ 1,761,020 $ 1,493,164 $ 345,816 75% 1/1/2023 6/30/2024 7/1/2024 9/30/2024
30 05G01 Planning Fire Station 66 - Gender Specific
Restrooms Josef Munoz Professional PM
Services Needed
Funding Obligation,
Housing/Facility $ 1,279,645 $ 499,593 $ - $ 780,052 5% 1/1/2023 3/31/2024 4/1/2024 5/12/2024 5/13/2024 8/18/2024 9/1/2024 12/31/2024 1/1/2025 9/30/2025 10/1/2025 12/31/2025 31 22A02 Construction Flood Risk Reduction - Rheem Creek Jeff Barich <Null> Funding Obligation, Health & Safety 2,248,844$ $ 94,049 $ 1,964,410 $ 190,385 45% 7/1/2023 8/31/2023 9/1/2023 8/30/2024 9/1/2024 11/30/2024 32 22A01 Construction Full Trash Capture Facilities Jeff Barich <Null> Funding Obligation, Quality of Life 8,178,133$ $ 5,730,977 $ 2,426,372 $ 20,784 80% 9/1/2022 4/30/2024 5/1/2024 7/31/2024
33 29125 Construction Greening the Yellow Brick Road Wendy Wellbrock APM Funding Obligation, Quality of Life 4,100,000$ $ 2,704,132 $ 1,395,868 80% 6/7/2021 6/30/2024 7/1/2024 9/30/2024
34 23023 Construction Greenway Rehab and Bike Education Tawfic N. Halaby Professional PM Services Needed
Funding Obligation,
Quality of Life $ 124,810 $ 19,600 $ 105,210 60% 7/1/2022 6/30/2024 7/1/2024 9/30/2024
35 01X10 Construction Grit and Aeration Replacement Jeff Barich <Null> Health & Safey 54,000,000 $ $ 41,159,498 $ 5,760,079 $ 7,080,423 80% 5/13/2019 6/30/2024
36 23004 Construction Harbour 8 Park Extension Wendy Wellbrock mack5 Funding Obligation, Quality of Life 8,850,000$ $ 3,279,232 $ 5,570,768 40% 12/1/2023 12/31/2024 1/1/2025 3/31/2025
37 23022 Design Harbour Way & Wright Section 130 Ken Cheng <Null> Funding Obligation, Quality of Life 1,200,000$ $ 3,074 $ 255,056 $ 941,870 10% 10/6/2023 11/15/2023 2/26/2024 12/6/2024 1/2/2025 2/13/2025 4/13/2025 12/31/2026 1/1/2027 3/31/2027 38 23014 Queued Hilltop Fire Station Card Reader Josef Munoz <Null> <Null> $ 70,000 $ - $ - $ 70,000 0% 1/1/2023 12/31/2024 1/1/2025 3/31/2025 4/1/2025 6/30/2025 7/1/2025 9/30/2025 39 29110 Design I-80 Central Interchange Phase II Ken Cheng <Null> Funding Obligation, Quality of Life 13,954,000$ $ 1,997,640 $ 660,163 $ 3,999,125 $ 7,297,072 17% 1/1/2021 12/31/2025 5/1/2026 9/30/2026 2/1/2027 8/31/2028 9/1/2028 12/31/2028 40 23041 Bid/Award Lincoln Safe Routes to School Ken Cheng <Null> Funding Obligation, Quality of Life 761,880$ $ - $ 28,748 $ 600,000 $ 133 ,133 40% 5/1/2023 11/30/2023 1/30/2023 4/30/2023 12/1/2024 2/20/2024 5/19/2024 9/30/2024 10/1/2024 12/31/2024 20292024 2025 2026 2027 2028
1 of 3
1073
Attachment 2 - CIP Status Report
Queued Planned Design Bid Construction Closeout Program Count
Project
ID Project Phase Project Name
City Project
Manager
Consultant Project
Management
03/05/24 CC Priority
Criteria Project Cost
$ Prior Year
Actuals (Start to
FY2022-23
Period 13)
$ FY2023-24
Actuals &
Encumbrance
Q1-Q3
FY2023-24 Projected
Encumbrances
Q4
$
FY2024-25
$
FY2025-26
$
FY2026-27
$
FY2027-28
$
FY2028-29
$
Out Year
Progress %
Complete
(Excluding
Closeout)
Queued
Start
Queued
End
Planning
Start
Planning
End
Design
Start
Design
End
Bid/Award
Start
Bid/Award
End
Construction
Start
Construction
End
Closeout
Start
Closeout
E n d Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4 20292024 2025 2026 2027 2028
41 23043 Queued Macdonald Ave Pedestrian Crossing Daniel Chavarria Professional PM Services Needed
Funding Obligation,
Quality of Life $ 274,560 $ - $ - $ 50,000 $ 224,560 0% 4/1/2023 2/28/2024 3/1/2024 4/30/2024 5/1/2024 9/30/2025 10/1/2025 6/30/2026 7/1/2026 12/31/2026 1/1/2027 3/31/2027 42 23039 Queued McBryde Safe Routes to Parks Robert Armijo Professional PM Services Needed
Funding Obligation,
Quality of Life $ 1,285,730 $ - $ - $ 260,000 $ 1,02 5,730 0% 4/1/2023 2/28/2024
43 07001 Closeout Nevin Ave. from 19th to 27th St -
Closeout Only Robert Armijo APM Funding Obligation 50,000 $ $ - $ - $ 50,000 0% 8/1/2023 3/31/2024 4/1/2024 8/31/2024
44 AR232 Planning Nevin Center HVAC - ARPA Josef Munoz Professional PM Services Needed
Funding Obligation,
Quality of Life $ 1,064,750 $ 10,250 $ - $ 1,054,500 17% 1/1/2023 2/28/2024 3/1/2024 4/22/2024 4/23/2024 8/23/2024 8/24/2024 12/31/2024 1/1/2025 9/30/2025 10/1/2025 12/31/2025 45 PM902 Construction Point Molate Cottage Roof Stablization Wendy Wellbrock <Null> Health & Safety 878,160 $ $ - $ 348,262 $ 513,000 $ 16 ,898 40% 3/31/2024 6/30/2024 7/1/2024 9/30/2024
46 36009 Planning
Point Potrero Marine Terminal (PPMT)
Electrical And Watering Metering Charles Gerard CSW Housing & Facility 365,000 $ $ - $ - $ 365,000 10% 47 36011 Design Point Potrero Marine Terminal (PPMT)
Electrical Maintenance Charles Gerard CSW Housing & Facility 60,000 $ $ - $ - $ 60,000 30% 48 36012 Design
Point Potrero Marine Terminal (PPMT)
Pavement Maintenance Charles Gerard CSW Housing & Facility 150,000 $ $ - $ - $ 150,000 30% 49 36010 Construction Process Building Window Repair Charles Gerard CSW Housing & Facility 350,000 $ $ - $ - $ 350,000 90% 50 36014 Design Processing Building VenƟlaƟon Charles Gerard CSW Housing & Facility 55,000 $ $ - $ - $ 55,000 30% 51 AR233 Planning Recreation Center HVAC - ARPA Josef Munoz Professional PM Services Needed
Funding Obligation,
Quality of Life $ 1,140,000 $ 25,025 $ - $ 1,114,975 12% 1/1/2023 2/28/2024 3/1/2024 4/22/2024 4/23/2024 8/23/2024 8/24/2024 12/31/2024 1/1/2025 9/30/2025 10/1/2025 12/31/2025 52 AR231 Design Revitalizing the Historic Richmond
Main Library Wendy Wellbrock <Null> Funding Obligation, Quality of Life 29,933,657$ $ 7,080 $ 3,110,026 $ 298,716 $ 26,517,835 10% 10/17/2023 3/10/2025 3/11/2025 5/12/2025 6/17/2025 3/15/2027 3/16/2027 6/18/2027 53 23031 Design Richmond Art and Lighting Jene Levine-
Snipes CSW Funding Obligation,
Quality of Life 4,000,000$ $ - $ 485,526 $ 3,514,474 10% 1/1/2023 10/31/2023 11/1/2023 2/28/2024 3/1/2024 6/30/2024 7/1/2024 9/14/2024 9/15/2024 12/31/2024 1/1/2025 3/31/2025 54 23030 Design Richmond Communities Clean
Collaborative - 7th St Ken Cheng <Null> Funding Obligation, Quality of Life $ 600,112 $ - $ - $ 600,112 17% 1/4/2024 4/30/2024 5/1/2024 6/16/2024 6/17/2024 9/21/2024 9/22/2024 12/31/2024 55 23030 Design
Richmond Communities Clean
Collaborative - Boorman Park Site
Remediation
Jene Levine-
Snipes mack5 Funding Obligation,
Health & Safety $ 5,503,742 $ 215,669 $ 574,997 $ 4,713,076 10% 56 36005 Bid/Award Riggers Loft Painting Charles Gerard CSW Housing & Facility 285,000 $ $ 8,243 $ - $ 276,757 40% 57 22235 Ongoing
Program Sanitary Sewer Brick Manhole Repairs Mary Phelps <Null> Health & Safety 718,707 $ $ 468,707 $ - $ 250,000 NA 58 22230 Ongoing
Program Sanitary Sewer Repairs Mary Phelps <Null> Health & Safety 7,949,331 $ $ 5,214,262 $ 877,358 $ 1,857,711 $ - NA 59 23037 Construction Santa Rita Road Stabilization Project Ken Cheng <Null> Health & Safety 1,040,000 $ $ - $ 925,742 $ 114,258 65% 9/27/2023 10/18/2023 11/21/2023 5/30/2024 6/1/2024 8/31/2024 60 01A14 Design SF Bay Trail - Pt. Molate Robert Armijo <Null> Funding Obligation, Quality of Life 7,688,264$ $ 6,663,138 $ 11,476 $ 1,013,651 NA 61 CSA27 Planning Shields-Reid Community Center HVAC
System Upgrade Josef Munoz Professional PM
Services Needed
Funding Obligation,
Quality of Life $ 1,087,150 $ 22,400 $ - $ 1,064,750 17% 1/1/2023 2/28/2024 3/1/2024 4/22/2024 4/23/2024 8/23/2024 8/24/2024 12/31/2024 1/1/2025 9/30/2025 10/1/2025 12/31/2025 62 23028 Bid/Award Shields-Reid Park Revitalization Jene Levine- Snipes mack5 Funding Obligation,
Quality of Life 8,000,000$ $ 178,063 $ 1,755,175 $ 6,066,762 35% 1/1/2023 2/15/2024 2/16/2024 4/30/2024 5/1/2024 6/30/2025 7/1/2025 9/30/2025 63 23046 Planning Soccer Fields-Restrooms-Parks Daniel Chavarria <Null> Quality of Life 4,200,000 $ $ - $ - $ 120,000 $ 4,08 0,000 10% 64 22104 Queued South 33rd Wet Weather Sewer Line Mary Phelps <Null> Health & Safety 2,000,000 $ $ - $ - $ 2,000,000 NA 65 05C01 Construction Station 63 - Maintenance &
Assessment Tawfic N. Halaby <Null> Housing/Facility 300,000 $ $ 16,981 $ - $ 283,019 0% 66 22107 Construction Stormwater Infrastructure Mary Phelps <Null> Health & Safety 750,000 $ $ - $ - $ 750,000 NA 67 01A05 Ongoing Progra
mStreet Paving Tawfic N. Halaby <Null> Quality of Life 59,260,540 $ $ 52,650,015 $ 3,800,070 2,810,455 $ NA 68 SB115 Construction Street Paving - SB1 - Cutting Harbour Way S. Bikeway Ken Cheng <Null> Quality of Life 1,160,253 $ $ 626,301 $ 454,236 $ 79,717 70% 3/1/2024 3/21/2024 4/19/2024 6/30/2024 7/1/2024 9/30/2024 69 23048 Planning Street Sweeping Signs Tawfic N. Halaby <Null> Quality of Life 550,000 $ $ - $ - $ 100,000 $ 450,000 NA feb apr jun sep
70 01C09 Ongoing Progra mSurface Drainage Daniel Chavarria <Null> Quality of Life 997,488 $ $ 743,188 $ 45,700 $ 208,600 NA 71 16G17 Design TCC/ADA Accessible Garden Beatriz Guerrero Urban Tilth Funding Obligation, Quality of Life 1,036,695.00$ 207,339.00$ 207,339.00 $ 207,339.00 $ 207,339.00 $ 207,339.00 $ 5% 8/23/2023 6/30/2024 7/1/2024 12/31/2024 3/31/2025 9/30/2026 4/1/2026 6/30/2026 72 16G16 Design TCC/E-Bike Lending Library Beatriz Guerrero Rich City Rides Funding Obligation, Quality of Life 3,248,719.49$ 649,743.90$ 649,743.90 $ 649,743.90 $ 649,743.90 $ 649,743.90 $ 5% 8/23/2023 6/30/2024 7/1/2024 12/31/2024 1/1/2025 3/31/2026 4/1/2026 6/30/2026 73 16G20 Design TCC/E-Bike Share Beatriz Guerrero Bike Today Funding Obligation, Quality of Life 1,126,717.19$ 225,343.44$ 225,343.44 $ 225,343.44 $ 225,343.44 $ 225,343.44 $ 20% 8/23/2023 7/31/2024
n/a - no bid
process
n/a - no bid
process
8/1/2024 9/30/2024 4/1/2026 6/30/2026
74 16G11 Design TCC/Neighborhood Complete Streets Josef Munoz <Null> Funding Obligation, Quality of Life $ 5,181,173 $ - $ 15,815 $ 400,000 $ 4,765,358 10% 9/1/2023 12/31/2023 1/1/2024 3/31/2024 4/1/2024 9/30/2024 10/1/2024 2/28/2025 3/1/2025 10/31/2025 11/1/2025 1/31/2026 75 16G12 Design TCC/Richmond Wellness Trail Phase II Beatriz Guerrero Trust for Public Land Funding Obligation, Quality of Life 4,816,154$ $ - $ 100,000 $ 863,231 $ 963,231 $ 963,231 $ 963,231 $ 963,231 10% 8/23/2023 9/30/2024 10/1/2024 11/30/2024 12/1/2024 7/31/2025 8/1/2025 10/31/2025 76 23021 Construction Terminal 4 Wharf Removal Robert Armijo <Null> F unding Obligation 9, 612,605$ $ 451,506 $ 7,688,848 $ 1,472,251 NA 77 36020 Planning Terminals 7 & 8 Dredging Charles Gerard CSW Housing & Facility 65,000 $ $ - $ - $ 65,000 10% 78 36007 Design Terminals 7 & 8 Electrification Charles Gerard CSW Housing & Facility 1,700,000 $ $ - $ - $ 1,700,000 15% 79 23035 Ongoing Progra mTraffic Calming Program FY 23-24 Josef Munoz <Null> Health & Safety, Quality of Life $ 1,700,000 $ 48,528 $ 80,881 $ 150,000 $ 1,420 ,590 24% Refer to schedule by location
80 23049 Design Via Verdi Mitigation - Design Only Jeff Barich <Null> Legal Compliance 400,000 $ $ - $ - $ 400,000 15% 2 of 3
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Attachment 2 - CIP Status Report
Queued Planned Design Bid Construction Closeout Program Count
Project
ID Project Phase Project Name
City Project
Manager
Consultant Project
Management
03/05/24 CC Priority
Criteria Project Cost
$ Prior Year
Actuals (Start to
FY2022-23
Period 13)
$ FY2023-24
Actuals &
Encumbrance
Q1-Q3
FY2023-24 Projected
Encumbrances
Q4
$
FY2024-25
$
FY2025-26
$
FY2026-27
$
FY2027-28
$
FY2028-29
$
Out Year
Progress %
Complete
(Excluding
Closeout)
Queued
Start
Queued
End
Planning
Start
Planning
End
Design
Start
Design
End
Bid/Award
Start
Bid/Award
End
Construction
Start
Construction
End
Closeout
Start
Closeout
E n d Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4 20292024 2025 2026 2027 2028
81 01M10 Construction WWTP Sludge Thickener Jeff Barich <Null> Health & Safety 13,597,400 $ $ 979,357 $ 76,423 $ 12,541,619 45% 10/1/2024 6/30/2025 7/1/2025 9/30/2025
82 36021 Design Yacht Entrance Harbour Dredging Charles Gerard CSW Housing & Facility 45,000 $ $ 45,000 10% 83 29113 Construction Yellow Brick Road Wendy Wellbrock APM Funding Obligation, Quality of Life 8,499,000$ $ 8,159,260 $ 52,851 $ 286,889 40% 6/7/2021 6/30/2024 7/1/2024 9/30/2024
84 23032 Bid/Award Yellow Brick Road Clean, Green and
Beautiful Wendy Wellbrock mack5 Funding Obligation,
Quality of Life 4,999,955$ $ 83,595 $ 3,526,600 $ 1,389,760 40% 4/30/2024 12/31/2024 1/1/2025 3/31/2025
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1075
Adaptive Solutions for Resilient Designs
121 Park Place
Richmond, CA
94947
415.883.9850
Berkeley | Novato | Petaluma | Pleasanton | Redwood City | Richmond
MEMORANDUM
TO: Daniel Chavarria, Lashonda White, Robert Armijo, and Josef Munoz FROM: Marcia Vallier, Jessie Maran, and Robert Stevens CC: Shasa Curl, Avinesh Nadan, and Mubeen Qader,
DATE: April 1, 2024
SUBJECT: Richmond Parks Improvement Budget
The City of Richmond has 50 City owned parks. Of those parks, sixteen are suitable locations for soccer fields .
According to the City of Richmond 2010 Parks Master Plan, which sets level or service standards for parks and fields there is to be one soccer field per 5,000 residents. Thus, the City should have 23 fields based upon the City’s current population. To help alleviate the established level of service field deficit, City Council has allocated American Rescue Plan Act (ARPA) funds from Fiscal Year (FY) 23/24 to the improvement of soccer fields, courts, lighting, and restrooms to improve or expand the usability of existing fields. Restrooms, courts, lighting, play areas, and other improvements adjacent to fields are key to accessibility for residents from across the city and usa bility during the winter and evening hours. The City’s ARPA funds must be obligated by signed construction contract before December 31, 2024.
At the April 16, 2024, City Council meeting, staff will present a plan to use the initial $4.2 million ARPA funds budget.
If authorized by Council, there is another $3.54 million available provide a total of about $7.7 million for Park improvements. The following provides recommendations as to how these funds should be expended.
Initial $4.2 million Investment
An initial $4.2 million in FY 23/24 ARPA funding will be applied to improvements at two community parks, Martin Luther King, Jr. Park, and Shields-Reid Park, and one neighborhood park, Wendell Park. The planned improvements will build on existing work in progress to improve the usability of three U13 fields. At Martin Luther King, Jr. Park, proposed work will renovate the existing restroom to return it to service.
At Shields-Reid Park, construction documents are complete for an amphitheater and pump track with bids due April 3, 2024. If the bid value exceeds the budget, some of the ARPA funds could be used to fund the nature play area, capture the perimeter Fence, and upgrades to the b asketball courts. Please note that the soccer community has stated to CSW that they were not consulted about the selection of park grant elements at Sheilds-Reid Park and are unhappy that field renovation was not included in the grant . The $1.5M estimate presented to City Council in the Richmond Parks Assessment Report on March 19
th included funding renovation of the existing natural grass multi-purpose field, irrigation system, softball infield; basketball court lighting and resurfacing, as well as installation of new perimeter fencing, back stop, seating, and conduits for future field lighting. If these funds are redirected to grant bid overruns it may impact on the proposed ARPA funded park upgrades.
1076
Proposed improvements at Wendell Park include renovation of the natural grass multi- purpose field, irrigation system, softball infield; installation of new fencing, back stop, seating, conduit for future lighting if desired; and installation of a new single stall Exeloo restroom.
Additional $3.54 million Investment
If an additional $3.54 million of ARPA or other funding was allocated to the Parks budget, we would recommend modifying the scope of improvements for Martin Luther King, Jr., Shields-Reid, and Wendell Parks. At Martin Luther King, Jr. and/or Shields-Reid Parks, improvements would focus on replacement of existing natural grass with artificial turf and the addition of field lighting. In response to the City Council’s concerns, the design team will conduct a study session with the Council to discuss concerns and potential responses to the potential health and climate impacts of artificial turf. Additionally, we would recommend that all park lights automatically turn off in accordance with the Recreation Department’s operations and no later than 10:00 PM.
Wendell Park’s designation as a neighborhood park with close residences on all sides and its location within a close- knit residential neighborhood may make it unsuitable for the increased levels of use and night-time use associated with an artificial turf field and lighting. Improvements at Wendell Park may include a solar lighting pilot project that would extend use into the early evening hours, with a cut -off at 8:00 pm to honor the neighborhood classification.
We would add renovation or replacement of the existing play stru cture to the scope and renovation of the community garden in concert with the new restroom structure.
Outreach and Engagement, April – May 2024. With direction from the City Council on April 16, 2024, staff will introduce the projects at the Recreation and Parks Commission on April 3, 2024. In addition, we will prepare presentations to the appropriate Neighborhood Councils (NCs) for each park during regularly scheduled meetings in April. The Shields-Reid Park project will be introduced to the Iron Triangle Neighborhood Council on April 18, 2024. The Martin Luther King, Jr. Park project will be introduced to the Coronado Neighborhood Council and shared with the Santa Fe Neighborhood Council on April 23
rd and 25th respectively. Wendell Park improvements will be introduced to the North and East Neighborhood Council on April 24th. The new improvements planned for Sheilds- Reid and Wendell Parks will be presented to the Design Review Board during its May 8 th meeting since we classify the renovation of the existing restroom at MLK as maintenance with no design review requirement.
Community meetings will be held in May for e ach park project to introduce and gain feedback on the proposed scope of improvements to their larger communities. The design team will engage with the NCs to host these community meetings, to be held on-site in the parks if the weather allows. The design team will engage local soccer clubs to request their support in using their existing social media and communication methods to get the word out about the community meeting in addition to canvasing the neighborhoo d with flyers to invite area residents and extend word -of-mouth invitations to the broader soccer community. The design team will facilitate the public meeting(s), prepare illustrative graphics, and prepare plans and details to fix and describe the size an d character of site work for the project. The feedback received during the meetings will be incorporated into the construction drawings for each site. Community feedback may modify a park’s scope of work. However, each project will fit within the allocated budget and will be approved by the City prior to proceeding with the construction documentation phase of the project. We will return to the Recreation and Parks Commission and City Council to report back on the 1077
community feedback, selected design and will invite the community to attend those meetings as the final outreach step.
Design, Bidding, and Construction Schedule. The design team will complete the design work by late August 2024 allowing for bidding in September . Staff will seek approval to award a contract by October 2024 allowing for execution of a contract by the end of December 2024.
Construction will take place from March to November 2025. The Recreation Department will work with the design team, neighbors, soccer, and softball groups to relocate gathering, practice and play to other parks during construction.
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RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
ADOPTING AND APPROPRIATING GENERAL FUND UNSPENT FUNDS AND
EXCHANGE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS WITH UNSPENT FUNDS
WHEREAS, the City of Richmond has received an allocation of $27,740,723 from the American Rescue Plan Act (ARPA), and the City Council appropriated all of the ARPA funds as of November 28, 2023; and
WHEREAS, the ARPA funds must be obligated by December 31, 2024, however, several ARPA projects will not be obligated by the deadline; and
WHEREAS, the unspent funds can be allocated to current ARPA-funded projects and those projects can be funded from the unspent funds; and
WHEREAS, the Historic Richmond Main Library Renovation Project was appropriated $4,146,490 in ARPA funds of which there is remaining $1,898,377 that will not be obligated by December 31, 2024; and
WHEREAS, the Americans with Disabilities Act (ADA) Miscellaneous Sidewalk Rehabilitation Project is currently funded from the General Capital Fund and is prepared to be obligated; and
WHEREAS, the Historic Richmond Main Library Renovation Project and ADA Miscellaneous Sidewalk Rehabilitation project can exchange funding sources to comply with the ARPA funding obligation deadline; and
WHEREAS, there are additional capital projects that have gaps in funding and could benefit from the appropriation of unspent funds; and
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Richmond, California hereby adopts the resolution approving the funding exchange and to appropriate, the following:
Funding Exchange:
ARPA Project Amount Current Funding New Funding
Fire Station 66 Restroom 423,283 ARPA Unspent Funds
Recreation Center HVAC 1,114,975 ARPA Unspent Funds
Shields-Reid HVAC 900,000 ARPA Unspent Funds
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Nevin Community Center HVAC 1,064,750 ARPA Unspent Funds Total 3,503,008
Project Amount Current Funding New Funding
Library Revitalization Project Fund
Exchange 1,898,377 ARPA General Capital
ADA Miscellaneous Sidewalk
Rehabilitation project. 1,898,377 General Capital ARPA
Capital Projects Recommended for Unspent Funds:
Existing Capital Improvement Project with Funding Gap Unspent Funds Harbour 8 Park Extension 300,000
6th Street & Macdonald Ave Signal Improvement 205,430
Bridge Preventative Maintenance 50,000
Total 555,430
Total Exchange and Unspent Funds Appropriation:
Fund Item Amount
General Fund Transfer Out 3,953,008
General Capital Fund Transfer In (3,953,008)
General Capital Fund Fire Station 66 Restroom 423,283
General Capital Fund Recreation Center HVAC 1,114,975
General Capital Fund Shields-Reid HVAC 900,000
General Capital Fund Nevin Center HVAC 1,064,750
General Capital Fund Harbour 8 Park Extension 300,000
General Capital Fund 6th St. & Macdonald Av. Signal Improvement 205,430 General Capital Fund Bridge Preventive Maintenance 50,000 Total 4,058,438
**********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held April 16, 2024, by the following vote:
AYES:
NOES:
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ABSTENTIONS:
ABSENT:
______________________________
City Clerk of the City of Richmond
(SEAL)
Approved:
__________________________________
Mayor
Approved as to form:
___________________________________
City Attorney
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April 16, 2024
City Council
DATE: April 16, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Vice Mayor Claudia Jimenez
Councilmember Melvin Willis
Subject: Temporary Moratorium on New Tobacco Retailers
FINANCIAL IMPACT: The urgency ordinance, if adopted, would be enforced pursuant to routine Code Enforcement efforts, which is
included within the City’s budget. The ordinance;
therefore, at this time is not expected to have any
additional fiscal impact on the General Fund.
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
In recent months, the City has received numerous
complaints regarding the increased number of smoke
shops and tobacco retailers throughout the City. City
investigation shows that many retailers are operating
without a required tobacco retailers license. Additionally, those with licenses were found to have violations related to the requirements of the tobacco retailer license. It is recommended to adopt an interim urgency ordinance,
which will establish a temporary moratorium on all new
tobacco retailers and provide time for staff to study and engage the public in the establishment of a conditional use permit process for tobacco retailers to minimize any potential off-site impacts from these uses. In effect, this urgency ordinance will protect the public health, safety, and welfare of residents from immediate threats
presented by these uses.
AGENDA
REPORT
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April 16, 2024
RECOMMENDED ACTION: ADOPT an urgency ordinance placing a temporary 45- day moratorium on the issuance of any new permit,
license, or other entitlement for any new tobacco retailer in the City of Richmond - (Mayor Martinez 510-620-
6503/Vice Mayor Jimenez 510-620-6565/Councilmember
Willis 510-412-2050). This item was continued from
the April 2, 2024, meeting. (PUBLIC COMMENT
SESSION CLOSED. THIS ITEM IS FOR COUNCIL
DELIBERATION AND VOTING ONLY)
DISCUSSION:
It is recommended that the City Council adopt an urgency interim ordinance adopting a moratorium on the issuance of any new permit, license, or other entitlement for any new tobacco retailer in the City of Richmond.
BACKGROUND INFORMATION:
California Business and Professions Code Section 22971.3 authorizes cities to implement local tobacco licensing laws. Consistent with state law, the City of Richmond (City) regulates the sale of tobacco products and tobacco paraphernalia through the issuance of a special business license, as set forth in Richmond Municipal Code (RMC) Chapter 7.106. Chapter 7.106 was adopted in 2009 and modified in 2013, “to impose a licensing requirement on tobacco retailers” (RMC § 7.106.010).
Currently, the City has 78 licensed tobacco retailers, which were issued licenses mostly by the Richmond Police Department’s former Regulatory Unit and most recently by Community Development’s Code Enforcement Division. These licenses must be renewed annually and are subject to suspension or revocation for violations of state and local laws related to tobacco sales and distribution. In addition to special licensing for tobacco retailers, the City does not allow smoke shops in the City; however, complaints have been received that some have been established within the City.
Smoke shops currently operating with a tobacco retailer’s license have not been required to obtain a conditional use permit (CUP), as business license issuance is not tied to zoning (or building) code compliance.
In 2011, the City also adopted an ordinance that regulates smoking in certain areas (RMC Chapters 9.56 and 9.57). Among other regulations, RMC Chapters 9.56 and 9.57 prohibit smoking within multi-family housing and within 300 feet of a school or other youth-oriented facility. Tobacco regulations are generally enforced by the Code Enforcement Unit. The Planning Division enforces the licensing and land use components of tobacco businesses within the City.
ANALYSIS/DISCUSSION:
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The City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and, in protecting children from being lured into illegal activity through the misconduct of adults. In recent years, the introduction of vaping and smoking of non-tobacco products, identified by the Centers for Disease Control (CDC) as harmful, has created a market for smoking products not currently captured by tobacco sales regulations in the RMC. Recently strengthened regulations in other cities put Richmond in a position to be an attractive market for tobacco and vape retailers.
In recent months, the City has received numerous complaints regarding new smoke shops and tobacco retailers throughout the City. It is recommended that the City Council consider establishing a temporary moratorium on approval of new tobacco retailer licenses to address revising the definitions of tobacco products to expressly include vape products and vapor smoking devices; increasing penalties for violations of local laws; reviewing licensing fees and licensee restrictions; and, studying whether development of a CUP process for tobacco retailers will be effective within the City.
Subject to the City Council’s direction, City staff are directed to develop an ordinance addressing these points and any others provided by the City Council on the hearing of this item.
A proposed urgency ordinance is provided for the City Council’s consideration of imposing the temporary moratorium. No new permit, license, or other entitlement for any new smoking lounge, smoke shop, or tobacco retailer within the City would be allowed during the moratorium. Existing tobacco retailers would be permitted to apply for renewals of licenses, which would be subject to approval or denial under existing standards. The City would also reserve the right to suspend or revoke any existing permit, license, or entitlement of tobacco-related businesses under existing standards.
The proposed urgency ordinance would require a vote of at least four-fifths of the City Council to pass. If the ordinance is adopted, the moratorium will be in effect for 45 days.
Following a noticed public hearing, the City Council may extend the moratorium for an additional 10 months and 15 days, and could subsequently extend it for another year.
Unless otherwise directed by the City Council, and assuming the City Council adopts the proposed moratorium, City staff are requested to return to the City Council within the 45-day period to seek an extension of the moratorium. (Gov. Code § 65858.)
ENVIRONMENTAL ANALYSIS:
This proposed ordinance is intended to preserve the status quo while the City considers further regulations on tobacco sales and distribution. The ordinance will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. This action, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060(c),(2)(3); 15061(b)(3); 15064(d)(3); 15378(a).)
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April 16, 2024
ALTERNATIVE ACTIONS:
The City Council could decide not to adopt a moratorium at this time and may direct staff to continue work on possible amendments to City codes while processing new tobacco retailer license applications and renewals. This could result in immediate adverse impacts on the public health, safety, and welfare, such as tobacco and vape retailers that close in other cities and relocated to Richmond during the period required to develop and propose stronger regulations, some of which may locate in areas frequented by youth such as near schools or after school programs.
DOCUMENTS ATTACHED:
Attachment 1 – Urgency Interim Ordinance
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ORDINANCE NO. _______
AN URGENCY ORDINANCE, PURSUANT TO GOVERNMENT CODE SECTION 65858, BY
THE CITY COUNCIL OF THE CITY OF RICHMOND, ESTABLISHING A TEMPORARY
MORATORIUM ON ALL NEW TOBACCO RETAILERS WITHIN THE CITY OF RICHMOND PENDING THE STUDY AND DEVELOPMENT OF REASONABLE REGULATIONS; AND
DECLARING THE URGENCY THEREOF
WHEREAS, the City has seen a proliferation of tobacco retailer businesses within the City;
WHEREAS, the City is concerned about this recent proliferation of tobacco retailer businesses, locations of tobacco retailer businesses, and the harmful effects of tobacco on the health, safety, and welfare of City residents and especially youth; WHEREAS, the City has no specific regulations for tobacco retailer businesses aimed at protecting minors, such as a distance requirement from schools and/or youth-oriented areas; WHEREAS, this temporary moratorium will provide staff with the opportunity to study various options to regulate tobacco retailer businesses; and, WHEREAS, Government Code section 65858 provides that to protect against any current and immediate threat to the public health, safety, or welfare, the City Council may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in con flict with a contemplated general plan, specific plan, or zoning proposal that the City plans to study.
NOW, THEREFORE, the City Council of the City of Richmond does hereby ordain as follows:
SECTION 1: That the above recitals are true and correct and are adopted as the City Council’s findings.
SECTION 2: Purpose and Authority.
In the interest of protecting the health, safety, and welfare of the residents in the City of Richmond, it is the purpose and intent of this ordinance to place a temporary moratorium on the issuance of any new permit, license, or other entitlement for any tobacco retailer in the City of Richmond. The City Council has authority to adopt this ordinance pursuant to California Consti tution Article XI, Section 7 and Government Code section 65858 as an urgency measure prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying.
SECTION 3: Findings.
A. Smoking and use of tobacco products, particularly by persons under eighteen years of age (“minors”), poses a significant health hazard to the user and persons in proximity to the user, including, without limitation, nicotine addiction, disease, and premature death.
B. The City of Richmond has a significant interest in discouraging tobacco use by minors and discouraging the sale or distribution of tobacco products to minors, including vape pens and devices, e-cigarettes, and flavored tobacco products.
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C. The City has a significant interest in preserving the health, safety, and welfare of its residents, and in particular its minor residents, in considering enactment of additional regulations on the sale and distribution of tobacco products.
D. There is a current and immediate threat to the public health, safety, or welfare with respect to the sale and distribution of tobacco products within the City, including access to such products by minors, and the approval of additional permits, licenses, an d/or any other entitlement for new tobacco retailers would result in a further threat to public health, safety, or welfare.
E. This urgency ordinance is necessary to promote the immediate preservation of the peace, health, and safety of the public agains t the potential detrimental health impacts of tobacco smoking, particularly as concerns minors, in order to allow the City an opportunity to study this issue and develop and adopt additional appropriate regulations for the sale and distribution of tobacco products.
Section 4: Environmental Review/California Environmental Quality Act (CEQA).
This ordinance is intended to preserve the status quo, and it will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physic al change in the environment. The enactment of this ordinance, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060(c ),(2)(3); 15061(b)(3); 15064(d)(3); 15378(a).)
Section 5: Definitions.
As used herein the following definitions shall apply:
A. “Person” shall mean any individual natural person, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
B. “Tobacco retailer” shall have the same meaning as set forth in Richmond Municipal Code section 7.106.030.
Section 6: Moratorium on New Permits, Licenses, and Land Use Entitlements.
A. During the term of this ordinance, any new tobacco retailer shall be prohibited in all zoning districts and lands within the City of Richmond. No application for any permit, license, or land use entitlement shall be granted or approved for any new tobacco retailer in any zoning districts or lands within the City of Richmond.
B. Notwithstanding any other provision of this ordinance, any person who lawfully holds an existing permit, license, and/or land use entitlement for an existing and lawfully operating smoke shop and/or tobacco retailer in the City of Richmond as of the effective date of this ordinance may continue to lawfully operate under that existing permit, license, and/or entitlement, and may apply for the renewal of any such existing permit, license, and/or entitlement, which renewal may be approved or denied by the City under the standards governing such permit, license, and/or entitlement under existing law. Nothing herein shall limit the authority of the City to revoke or suspend any existing license, permit, and/or entitlement as authorized under existing law.
Section 7: Term of Ordinance.
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This ordinance shall be in effe ct from the date of adoption for a period of forty -five (45) days, unless it is extended pursuant to Government Code section 65858(a) or other applicable law, as approved by the City Council.
Section 8: No Mandatory Duty of Care.
This ordinance is no t intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 9: Severability.
If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced.
Section 10: Effective Date and Publication.
This ordinance, passed by at least a four -fifths vote of the City Co uncil, is declared to be an urgency ordinance for preserving the public health, safety and welfare and shall take effect and be enforced immediately upon adoption.
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I hereby certify that the foregoi ng Ordinance of the Council of the City of Richmond was duly passed and adopted at a meeting thereof held April 16, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
______________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_________________________
Mayor
Approved as to form:
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_________________________
City Attorney
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