Agenda — Richmond City Council, May 7, 2024 (part 1 of 5)

PLEASE NOTE: HYBRID MEETING FORMAT

AGENDA(s):

- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, May 7, 2024, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:

Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Councilmember District 5
Claudia Jimenez, Vice Mayor, District 6
NOTICE: MASKS ARE STRONGLY ENCOURAGED!!

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In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

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2 Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

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Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31

The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).

Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.

The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary 5-7-24 cc mtg.
3 aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).

Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.

Pages
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4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Juan Contreras v. City of Richmond, et al.
• Winehaven v. City of Richmond
• Guidiville Rancheria of California, et al. v. United States of America, et al. • North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
• Hanlees Hilltop Buick et al. v. City of Richmond
C.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
• Title: Confidential Investigative & Appeals Officer C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
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5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) L.1 NEW EMPLOYEE REPORT - 1st Tuesday
M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
O.1 City Attorney's Office
O.1.a Point Molate Mixed Use Project SEIR and Land Use Approvals 12 ADOPT a Resolution setting aside City Council Resolution No. 97-20 and Ordinance Nos. 22-20 and 23-20 for the Point Molate Mixed Use Development Project in compliance with the Writ of Mandate issued in North Coast Rivers Alliance, et al. v. City of Richmond, et al., Contra Costa County Superior Court Case No. N20-1528
(Consolidated With Case No. N20-1474) – City Attorney’s Office (Dave Aleshire 510-620-6509).

O.2 City Clerk's Office
O.2.a Cancellation of the July 16 and 23, 2024, Regular City Council meetings
18 APPROVE the cancellation of the July 16 and 23, 2024, Regular City Council meetings and APPROVE the early start of the Richmond City Council recess to begin Tuesday, July 16, 2024; Council will reconvene regular meetings on Tuesday, September 10, 2024 - City Clerk’s Office (Pamela Christian 510-620-6513).
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6 O.2.b City Council Meeting Minutes 20
APPROVE the minutes of the March 19, 2024, April 2, 2024, and April 16, 2024, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).

O.2.c Certification of Sufficiency of Initiative Petition titled “Richmond Election Reform Act” Charter Amendment (“Initiative”)
48 RECEIVE the Certificate of Sufficiency of Initiative Petition indicating that the Initiative petition entitled “Richmond Election Reform Act” has a sufficient number of valid signatures to be submitted to the voters – City Clerk’s Office (Pamela Christian 510-620-6513).

O.3 Economic Development
O.3.a Processing Building Window Covering Completed as an Emergency Repair
55 APPROVE an emergency construction agreement with Alten Construction, LLC. in the amount of $150,000, for installing sheeting at the Processing Building, for a term ending June 30, 2024 – Economic Development Department (Charles Gerard 510-620-6792).

O.3.b 2024 Pavement Repair 91
ADOPT a resolution allowing the transfer of $136,750 between projects in the Port’s Fiscal Year 2023-2024 Budget; and APPROVE a construction agreement with W.R. Forde and Associates, Inc., in the amount of $286,750, for improvements and maintenance at the Point Potrero Marine Terminal, for a term ending June 30, 2025 – Economic Development Department (Nannette Beacham/Charles Gerard 510-620-6792).

O.3.c Cal Trans Beautification Grant Mural Project 114
APPROVE a sole-source art contract with Rebecca Garcia-Gonzalez, in an amount not to exceed $310,000, to implement the Richmond Art and Lighting Project, funded by the Caltrans Beautification Grant, to restore two existing murals and design and install two new murals, with a term beginning March 5, 2024, through December 31, 2024 – Economic Development Department (Winifred Day 510-620-6952).

O.4 Finance Department
O.4.a Investment and Cash Balance Report and Monthly Overtime Reports for the Month of March 2024
213
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of March 2024 – Finance Department (Andrea Miller 510-620-6740).
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7 O.4.b Tax Rate for Tax Override Pension Fund 230
INTRODUCE an Ordinance (first reading) setting the tax rate for the Tax Override Pension Fund for Fiscal Year 2024-2025 at 0.14 percent – Finance Department (Andrea Miller/Mubeen Qader/ Antonio Banuelos 620-6741).

O.5 Fire Department
O.5.a Sole-Source Contract with Matrix Consulting Group 234 APPROVE a sole-source agreement with the Matrix Consulting Group to conduct an Advanced Life Support/Paramedic First Responder Feasibility Study, for a total project cost of $39,500, for a term beginning May 1, 2024, and ending April 30, 2025 – Fire Department (Chief Michael E. Smith 510-307-8041/Deputy Chief Aaron Osorio 510-307-8021).

O.6 Human Resources
O.6.a Raftelis Contract Amendment #2 to Increase the Contract Limit and Appropriate Funding as Required
291
APPROVE a second contract amendment with Raftelis Financial Consultants, Inc. to increase the contract limit up to $20,000, for an amount not to exceed $220,000; and APPROPRIATE funding as required – Human Resources Department (Nickie Mastay 510-620- 6609/Sharrone Taylor 510-620-6602).

O.7 Information Technology
O.7.a Sole-Source Contract with Superion, LLC for the Continued Licensed Use of the TRAKiT System
373
APPROVE a one-year sole-source contract with Superion, LLC for the continued licensed use of the TRAKiT permitting, business licensing, code enforcement, and Citizen Response Management (CRM), for the term from April 1, 2024, through March 31, 2025, for the contract payment limit of $56,609.22 – Information Technology Department (Sue Hartman 510-620-6874).

O.8 Library and Community Services
O.8.a Approve a Contract for Construction of an Electric Bookmobile for Richmond Public Library
422
APPROVE a contract with Farber Specialty Vehicles in the amount of $609,418 for construction and delivery of a new all-electric Bookmobile for Richmond Public Library, with a term beginning May 8, 2024, and ending May 8, 2027; and AUTHORIZE the Deputy City Manager of Community Services - Library to approve contingencies not to exceed five percent of the total contract – Community Services Department (LaShonda White 510-620-6828/Kate Eppler 510-620- 5452/Christopher Larsen 510-620-5524).
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8 O.8.b Bus Transportation for 2024 Summer Camp Excursions 493 APPROVE a contract with First Student, Inc. to provide bus transportation services to the City of Richmond Community Services- Recreation Division for 2024 summer camp excursions, in an amount not to exceed $20,000, and for a term beginning July 1, 2024, and ending December 31, 2024 – Community Services Department (LaShonda White 510-620-6828/Ranjana Maharaj 510-620-
6972/Troy Porter 510-620-6919).

O.8.c Standard Contract with NOMAD Transit to Expand City-wide Shuttle Service
655
APPROVE a sole-source contract with Nomad Transit, LLC (Via) for expanded city-wide shuttle service through Richmond MOVES, for a not-to-exceed contract limit of $6,235,000, and a term from March 1, 2024, through July 7, 2027 – Community Services Department (LaShonda White 510-620-6828/Lori Reese 510-620-6869).

O.9 Mayor's Office
O.9.a Richmond Arts and Culture Commission Appointment 714 APPOINT Yeymi Perez Richmond to the Richmond Arts and Culture Commission, Term Expires June 19, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.9.b Historic Preservation Month 717
PROCLAMATION recognizing May as Historic Preservation Month and encouraging residents to explore our landmarks, engage with history, and support preservation efforts – Mayor Eduardo Martinez (510-620-6503), Councilmembers Doria Robinson (510-620-6593) and Soheila Bana (510-620-6743).

O.9.c Pedro Ruiz Youth Council Appointment 720
APPOINT Pedro Ruiz to the Youth Council, term expires October 1, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.10 Police Department
O.10.a First Contract Amendment for Security Guard Services at Point Molate
722
APPROVE a first contract amendment in the amount of $515,000, which includes an approximate 3.5 percent contingency for extra coverage as needed, with Universal Protection Service, LP for guard services at Point Molate site, for a new total contract amount not to exceed $1,103,229, with an extended contract term through June 30, 2026 – Police Department (Chief Bisa French 510-621-1802). 5-7-24 cc mtg.
9 O.10.b Second Amendment with Richmond Rod and Gun Club for Shooting Range Rentals
755
APPROVE a second contract amendment with Richmond Rod and Gun Club in the amount of $45,000, for a new total contract amount not to exceed $120,000, with an extended term through June 30, 2026, for shooting range facility rentals – Police Department (Chief Bisa French 510-621-1802).

O.10.c Time and Attendance Services for Richmond Police Department provided by InTime Services Inc.
788
APPROVE a five-year contract with InTime Services Inc. for time and attendance tracking, asset tracking, and training document management, in a total amount not to exceed $165,000, which includes a $1,700 contingency, for the contract term starting July 1, 2024, through June 30, 2029 – Police Department (Chief Bisa French 510-621-1802).

O.10.d Pet Food Express LLC Pet Supply Purchases 860
APPROVE a three-year purchase order for Pet Food Express LLC, in a total amount up to $45,000, for police canine supply orders, to include canine food, training treats, toys, and hygiene products – Police Department (Chief Bisa French 510-621-1802).

P. BUDGET SESSION
P.1 Acknowledge Receipt of the Draft Fiscal Year (FY) 2024-25 Operating, FY 2024-29 Five-Year Capital Improvement Plan Budgets, and Five-Year Forecast 867
ACKNOWLEDGE receipt of the draft Fiscal Year 2024-25 Annual Operating Budget and Fiscal Year 2024-29 Five-Year Capital Improvement Plan; and REVIEW the budget adoption schedule – City Manager’s Office/Finance Department (Shasa Curl/Nickie Mastay/LaShonda White/Andrea Miller/Mubeen Qader 510-412-2077).

Q. NEW BUSINESS
Q.1 Resolution in Support of the Implementation of Golden State Energy, a Not-for- Profit Utility
919
RECEIVE a presentation from the organization Reclaim Our Power coalition; ADOPT a resolution in support of the implementation of Golden State Energy; and DIRECT STAFF to send the attached letter of support to Senator Skinner, Assemblymember Wicks, and Governor Newsom — Mayor Eduardo Martinez (510-620-6503), Vice Mayor Claudia Jiménez (510-620-6565), and Councilmember Doria Robinson (510-620-6568).
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10 Q.2 AB 481 “Military Equipment Use” Annual Report 942 ADOPT a resolution (1) accepting the 2023 Annual Military Equipment Report, (2) determining that the Police Department’s use of military equipment in 2023 complied with the Department’s Military Equipment Policy No. 707 and state law, and (3) determining that Policy 707 will be continued without change - Police Department (Bisa French 510-621-1802).

R. ADJOURNMENT
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May 7, 2024

City Attorney's Office

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney
Subject:

Point Molate Mixed Use Project SEIR and Land Use
Approvals
FINANCIAL IMPACT: There is no fiscal impact related to adopting this Resolution.

PREVIOUS COUNCIL
ACTION:

September 8 and 15, 2020

STATEMENT OF THE
ISSUE:

On or about September 8 and 15, 2020, the City Council
adopted Resolution No. 97-20 and Ordinance Nos. 22-20
and 23-20, which together certified the Subsequent
Environmental Impact Report (“SEIR”) in compliance with the California Environmental Quality Act (“CEQA”) and
approved the land use approvals for the Point Molate
Mixed Use Project. In October 2020, Point Molate
Alliance, SPRAWLDEF, Citizens for East Shore Parks,
North Coast Rivers Alliance, and numerous other
community groups and individuals filed two related
Petitions for Writ of Mandate challenging the City’s
September 2020 certification of the Subsequent
Environmental Impact Report (“SEIR”) and land use
approvals for the Project. Following an appeal of an
earlier judgement, the First District Court of Appeal
issued a Final Opinion and Order Modifying Opinion and
Denying Rehearing on November 27, 2023, with the
directions to the Superior Court to issue a peremptory
writ of mandate directing the City to set aside its
certification of the final SEIR and related project
approvals. In compliance with the Final Opinion and
Order of the Court of Appeal, the Superior Court on
AGENDA
REPORT
12

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May 7, 2024
January 22, 2024, entered a new Judgment and Writ of
Mandate directing the City as such.

RECOMMENDED ACTION:

ADOPT a Resolution setting aside City Council
Resolution No. 97-20 and Ordinance Nos. 22-20 and 23-
20 for the Point Molate Mixed Use Development Project
in compliance with the Writ of Mandate issued in North
Coast Rivers Alliance, et al. v. City of Richmond, et al., Contra Costa County Superior Court Case No. N20-1528
(Consolidated With Case No. N20-1474) – City Attorney’s Office (Dave Aleshire 510-620-6509).

DISCUSSION:

On or about September 8 and 15, 2020, respectively, the City Council adopted Resolution No. 97-20 and Ordinance Nos. 22-20 and 23-20, which together certified the Subsequent Environmental Impact Report (“SEIR”) in compliance with the California Environmental Quality Act (“CEQA”) and approved the land use approvals for the Point Molate Mixed Use Project (“Project”), consisting of a General Plan Amendment, Rezoning, Disposition and Development Agreement, Development Agreement, Design Guidelines, including a Master Planned Area Plan and Historic Conservation Plan, Vesting Tentative Tract Map, Conditional Use Permit, and Major Design Review (PLN20-057).

In October 2020, Point Molate Alliance, SPRAWLDEF, Citizens for East Shore Parks, North Coast Rivers Alliance, and numerous other community groups and individuals filed two related Petitions for Writ of Mandate challenging the City’s September 2020 certification of the SEIR and land use approvals for the Project. Raising numerous claims and causes of act, the Petitions asserted causes of action asserting violations of CEQA.

The Contra Costa Superior Court, on March 15, 2022, entered Judgment Denying the Petitions for Writ of Mandate in full. Petitioners Point Molate Alliance and North Coast Rivers Alliance, et al., filed notices of appeal to the First District Court of Appeal on March 21 and 23, 2022, respectively (Case Nos. A164906 and A165758).

The First District Court of Appeal issued a Final Opinion and Order Modifying Opinion and Denying Rehearing on November 27, 2023, directing the trial court to enter a new judgment and issue a peremptory writ of mandate directing the City to set aside its certification of the final SEIR and related project approvals.

In compliance with the Opinion and Order of the Court of Appeal, the Superior Court on January 22, 2024, entered a new Judgment and Writ of Mandate ordering the City to:

1. Set aside and vacate its approvals of the Project, including Resolution No. 97-20 and Ordinance Nos. 22-20 and 23-20 adopted on September 8 and 15, 2020, respectively. 13

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May 7, 2024
The Resolution and Ordinances can be accessed here:
https://www.ci.richmond.ca.us/56/City-Clerks-Office

2. Decertify the SEIR for the Project (SCH No. 2019070447) for the purpose of addressing the deficiencies identified in the Court of Appeal’s Opinion; and

3. File a Return to the Writ within 120 days of the Judgment, which Return shall specify the action(s) taken to comply with the terms of the Writ.

The City has until Tuesday, May 21, 2024, to file a Return to Writ specifying the action(s) taken to comply with the terms of the Writ.

The proposed resolution is necessary to comply with the Writ of Mandate and would vacate and set aside the Resolution and Ordinances certifying the SEIR and granting the land use approvals for the Project.

NEXT STEPS:

If the Resolution is adopted, the City Attorney will file a Return to the Writ by May 21, 2024, specifying the action(s) taken by the City to comply with the terms of the Writ.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
14 RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND SETTING ASIDE CITY COUNCIL RESOLUTION NO. 97-20 AND ORDINANCE NOS. 22-20 AND 23-20 FOR THE POINT MOLATE MIXED USE DEVELOPMENT PROJECT IN

COMPLIANCE WITH THE WRIT OF MANDATE ISSUED IN NORTH COAST RIVERS ALLIANCE, ET AL. v. CITY OF RICHMOND, ET AL., CONTRA COSTA COUNTY SUPERIOR COURT CASE NO. N20-1528 (CONSOLIDATED WITH CASE NO. N20- 1474)

WHEREAS, on or about September 8 and 15, 2020, the City Council for the City of Richmond considered the application by Winehaven Legacy LLC (“Winehaven”) for land use and planning entitlements (“Entitlements”) to develop a mixed-use project on approximately 82 acres of the former Point Molate Naval Fuel Depot, City of Richmond, Contra Costa County, California (“Project”); and
WHEREAS, on or about September 8, 2020, the Richmond City Council certified that the Subsequent Environmental Impact Report (“SEIR”) for the Project had been completed in compliance with the California Environmental Quality Act (“CEQA”); and WHEREAS, on or about September 8 and 15, 2020, respectively, the City Council adopted Resolution No. 97-20 and Ordinance Nos. 22-20 and 23-20, which together certified the SEIR in compliance with CEQA and approved the Entitlements for the Project (General Plan Amendment, Rezoning, a Disposition and Development Agreement, a Development Agreement, Design Guidelines, including a Master Planned Area Plan and Historic Conservation Plan, Vesting Tentative Tract Map, Conditional Use Permit, and Major Design Review); and
WHEREAS, on or about October 9, 2020, Petitioners North Coast Rivers Alliance, et al. and Point Molate Alliance, et al. filed respective petitions for peremptory writ of mandate in the Superior Court of the State of California, Contra Costa County (the “Superior Court”), seeking to set aside the City Council’s certification of the SEIR and approval of the Project’s Entitlements. The cases proceeded to hearing as North Coast Rivers Alliance, et. al. v. City of Richmond, et al., Contra Costa Co. Sup. Ct.

Case No. N20-1528 (consolidated with Case No. N20-1474); and WHEREAS, the Contra Costa County Superior Court on March 15, 2022 entered Judgment Denying Petitions for Writ of Mandate in the consolidated cases.

Petitioners thereafter appealed; and
WHEREAS, on October 27, 2023, the First District Court of Appeal issued its Opinion in the consolidated appeals upholding in part and reversing in part the Superior Court’s March 15, 2022 Judgment (“Opinion”). Specifically, the Court of Appeal found the SEIR technically deficient in its analysis of mitigation measures addressing impacts to tribal cultural resources and emergency evacuation risks.

The Opinion denied the petitions in all other respects. On November 27, 2023, the Court of Appeal filed a Final Opinion and Order Modifying Opinion and Denying Rehearing, which replaced the disposition section of the Opinion but otherwise left the ruling intact;
WHEREAS, on January 22, 2024, in compliance with the Opinion and Order of the Court of Appeal, the Superior Court entered a new Judgment and Peremptory Writ of Mandate ordering the City of Richmond to: (1) set aside and vacate its approvals of the Project, including Resolution No. 97-20 and Ordinance Nos. 22-20 and 23-20; (2) decertify the SEIR for the Project (SCH No. 2019070447) for the purpose of addressing 15 the deficiencies identified in the Opinion; and (3) file a return to the writ within 120 days of the Judgment; and
WHEREAS, the City must file a return to the writ of mandate no later than May 21, 2024, specifying the action(s) the City has taken to comply with the terms of the Writ.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND HEREBY:

1. Vacates and sets aside City Council Resolution No. 97-20, under which the City Council certified the SEIR and approved the General Plan Map and Text Amendments, Disposition and Development Agreement, Vesting Tentative Tract Map, Conditional Use Permit, and Major Design Review (PLN 20-57) for the Point Molate Mixed-Use Project;

2. Vacates and sets aside City Council Ordinance No. 22-20, under which the City Council approved the rezoning of the Project Site to Planned Area (PA) for the Point Molate Mixed-Use Project;

3. Vacates and sets aside City Council Ordinance No. 23-20, under which the City Council approved the Development Agreement for the Point Molate Mixed-Use Project; and

4. The City Attorneys’ office is hereby directed to file a return to the writ of mandate to the Contra Costa County Superior Court no later than May 21, 2024. ********************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on May 7, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT: .

______________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

Mayor

Approved as to form:

16 City Attorney
17

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April 16, 2024

City Clerk's Office

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Pamela Christian, City Clerk
Subject:

Cancellation of the July 16 and 23, 2024, Regular City
Council meetings and early start of the Richmond City
Council recess
FINANCIAL IMPACT: There is no financial impact with this item

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Richmond City Council currently meets every first,
third, and fourth Tuesday of each month unless special
exceptions are indicated within the Charter, Council
Rules and Procedures, or approved by the City Council.

RECOMMENDED ACTION:

APPROVE the cancellation of the July 16 and 23, 2024,
Regular City Council meetings and APPROVE the early
start of the Richmond City Council recess to begin
Tuesday, July 16, 2024; Council will reconvene regular
meetings on Tuesday, September 10, 2024 - City Clerk’s
Office (Pamela Christian 510-620-6513).

DISCUSSION:

The Richmond City Council has regularly scheduled meetings every first, third, and fourth Tuesday of every month unless exceptions are indicated within the Charter, Council Rules and Procedures, or approved by the City Council.

AGENDA
REPORT
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April 16, 2024
With approval of this item, the regular meetings scheduled for Tuesday, July 16 and 23, 2024, will be cancelled, and the Richmond City Council will begin recess Tuesday, July 16, 2024, and will reconvene Tuesday, September 10, 2024. Council Rules and Procedures state that “Any future regular or special meeting may be canceled by a vote of a majority of the members of the City Council during a regular or special meeting.”

Schedule listed below:

Date Comment
May 21, 2024 Regular Meeting – in person/hybrid
May 28, 2024 Regular Meeting – in person/hybrid
June 4, 2024 Regular Meeting – in person/hybrid
June 18, 2024 Regular Meeting – in person/hybrid
June 25, 2024 Regular Meeting – in person/hybrid
July 2, 2024 Regular Meeting – in person/hybrid
July 16, 2024 No meeting – Cancelled
July 23, 2024 No meeting – Cancelled
MONTH OF AUGUST 2024 COUNCIL RECESS
September 10, 2024 - RECONVENE Regular Meeting – in person/hybrid

DOCUMENTS ATTACHED:

None
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RICHMOND, CALIFORNIA, March 19, 2024

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:33 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Gayle McLaughlin, Doria Robinson, Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez. Absent: Councilmembers Soheila Bana and Melvin Willis were absent for the entire meeting.

C. CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
• Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.2 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
 Title: City Clerk
 Title: City Attorney
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  Two cases
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
There were no public comments.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:35 p.m. Closed Session adjourned at 6:38 p.m.

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F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:45 p.m. by Mayor Martinez.

G. PLEDGE OF ALLEGIANCE
Chairperson Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Councilmembers McLaughlin, Robinson, Zepeda, Vice Mayor Jimenez, and Mayor Martinez. Absent: Councilmembers Bana and Willis were absent for the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson recused herself from the vote on Item O.4.b. (Transformative Climate Communities grant).

J. AGENDA REVIEW
Items O.4.d (Safe Organized Spaces contract amendment) and O.7.a (position control) were continued to the March 26, 2024, City Council meeting.

Item O.3.a (nepotism policy) was removed from the Consent Calendar for discussion at the end of the agenda.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
City Attorney Dave Aleshire reported the following:

Item C.1 (labor negotiations), a matter was discussed and direction was given for further negotiations.

Item C.2 (performance evaluations), was not discussed.

Item C.3 (anticipated litigation, significant for two cases), a report was given for one case and no reportable action was taken. Mr. Aleshire reported there was a matter of controversy concerning pickleball and the Richmond Craneway Pavilion. Mr. Aleshire announced there would be a presentation on the matter at the March 26, 2024, City Council open session meeting to inform the public. Mr. Aleshire advised that the city sent a letter to the developer concerning its pickleball project. The State Lands Commission previously determined that the project proposed was not consistent with the trust agreement. There were modifications made to the project; however, the city was not satisfied all the issues raised previously were addressed. The city intended to send a follow-up letter to the State Lands Commission concerning the modified use.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following events and activities; 17th Annual Sisters in Solidarity International Women's Day held on March 16, 2024; Richmond Fire Department Badge Pinning Ceremony held on March 1, 2024; Love Your Block Lucas Park Gardening Party held on March 2, 2024; Fire Recruit Academy Behavioral Health Class held on March 12, 2024; Neighbor-to-Neighbor Grant period was scheduled for June 2024 to January 2026; Plumbers and Steamfitters UA Local 159 2024 Apprenticeship application process scheduled for March 25 to April 1, 2024; and Community Budget Meetings were scheduled for April 8, 11, and 24, 2024. 21 cc19Mar2024 – sl/prc

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M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS) (limited to two minutes per Councilmember) (public comments allowed under Open Forum)
Vice Mayor Jimenez acknowledged the organizers of the Sisters in Solidarity event held on March 16, 2024, and the 23rd Street Merchants Association members in the audience.

Councilmember Zepeda announced, "Happy Nowruz", a Persian holiday for the beginning of spring. Councilmember Zepeda reported that he attended the Point Richmond Dumpster Day neighborhood clean-up event. Councilmember Zepeda invited the community to his second Annual District 2 Strategy Meeting scheduled for April 6, 2024, at the Bridge Art Space. Councilmember Zepeda also invited the community to the Richmond-Shimada Friendship Commission Meet and Greet with visitors from Japan scheduled for March 20, 2024. Councilmember Zepeda expressed his appreciation for recent appointments to the city's Environmental and Community Investment Agreement Transportation Oversight Committee. Councilmember Zepeda invited the community to the Point Richmond Spring Fling event scheduled for March 23, 2024.

Councilmember Robinson reported on the RecycleMore (waste management authority) board meeting discussion regarding the relationship between the city's solid waste contract and illegal dumping. Councilmember Robinson announced a Dumpster Day neighborhood cleanup event scheduled for March 23, 2024, in the Nystrom and Coronado neighborhoods.

Councilmember McLaughlin reported on the RecycleMore board meeting discussions regarding various potential waste reuse programs. Councilmember McLaughlin acknowledged the organizers of the Sisters in Solidarity event. Councilmember McLaughlin announced that the Marina Bay Farmers Market launch date was scheduled for April 7, 2024. Councilmember McLaughlin advised that Item O.8.b was a land use agreement to move the Barrett Avenue Farmers Market to the parking lot across from the Richmond Main Library. Councilmember McLaughlin invited the community to the Literacy Festival in the Richmond Memorial Auditorium scheduled for April 13, 2024.

Mayor Martinez reported that he attended the CivicWell Policymakers Conference held March 14-17, 2024. Mayor Martinez requested feedback from the community regarding a potential city Railroad Commission. Mayor Martinez announced the city's various boards and commissions vacancies and encouraged residents to submit applications to the City Clerk's Office for consideration of appointment.

N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remained on the Consent Calendar or items that were not on the agenda was limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council was prohibited)
The following individuals gave comments in person:

Diana Wear gave comments commending the Richmond Rent Program, Building Regulations Division, the Mayor's Office, and Councilmember Willis for assistance with resolving a tenant petition.

Vanessa Calloway provided a list of services provided to the unhoused and partnerships created in her role as the project manager for the Encampment Resolution Funding Program (ERFP). Ms. Calloway invited the council to attend an ERFP event.

Rick Perez and Patricia Perez gave comments regarding the police shooting of Richard "Pedie" Perez.

Mark Wassberg gave comments regarding immigration laws. 22 cc19Mar2024 – sl/prc

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Rocio Martinez, Rigo Mendoza, Gonzalo Ochoa, Angelica Gomez, Carol Lopez, Pablo Perez, Joaquin Rodriguez, Juan Nunez, Nancy Lu, Daniela Perez, Daniel Navarro, Juan Carrillo, Mirna Peraza, and Cesar Segura gave comments against the numerous unpermitted street vendors along 23rd Street affecting their small businesses. The group recommended the city implement sidewalk vendor regulations similar to other cities such as Walnut Creek.

Salvador Rodriguez expressed concerns regarding repeat violence at the smoke shop next to Bionicos Yahualica juice shop on 23rd Street and the opening of other smoke shops in the area.

Jamin Pursell acknowledged the city for street paving in his neighborhood. Mr. Pursell gave comments in support of the Way to Love organization for its unhoused support services and Item O.4.c (Equitable Public Land Disposition Policy). Mr. Pursell expressed concerns regarding the proposed pickleball use at the Richmond Craneway Pavilion. Mr. Pursell announced there was a protest scheduled for March 23 and 24, 2024, at the Craneway.

Jannet Perez, Veronica Medina, Suilma Navarete, and David Sharples gave comments in support of Item O.4.c for clean safe homes and affordable rent.

Leisa Johnson gave comments via teleconference concerning the Craneway pickleball opening event scheduled for March 23, 2024. Ms. Johnson requested clarification on whether a conditional use permit was required or if there was a cease and desist.

O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. These items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
Motion by Councilmember McLaughlin
Seconded by Vice Mayor Jimenez
To approve all items on the Consent Calendar except items O.4.d (Safe Organized Spaces contract amendment), O.7.a (staffing position control), and O.3.a (nepotism policy).

Ayes (5): Councilmember McLaughlin, Councilmember Robinson, Councilmember Zepeda, Vice Mayor Jimenez, and Mayor Martinez
Absent (2): Councilmember Bana and Councilmember Willis Passed (5 to 2)
Councilmember Robinson was recused from the vote on Item O.4.b (grant agreement).

O.1 City Attorney's Office
O.1.a 4th Amendment to the Legal Services Agreement with Orbach Huff & Henderson, LLP
APPROVE a fourth amendment to the Orbach Huff & Henderson, LLP Legal Services Agreement (LSA) in the amount of $100,000, for a total contract amount of $570,000, to continue representing the City in police/tort cases with a term ending on June 30, 2025 – City Attorney’s Office (Dave Aleshire/Shannon Moore 510-620-6509).

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O.1.b Legal Services Agreement with McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP
APPROVE a Legal Services Agreement with McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP for a total amount not to exceed of $100,000, for a term beginning July 1, 2023, to June 30, 2025 – City Attorney’s Office (Shannon Moore 510-620-6505).

O.2 City Clerk's Office
O.2.a City Council Meeting Minutes
APPROVE the minutes of the February 20 and February 27, 2024, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620- 6513).

O.3 City Council
O.3.a Prevent Nepotism During the Appointment Process for Richmond Boards, Commissions, Committees, and Task Forces, and City Hiring and Employment.

DIRECT the City Attorney’s Office to draft and for staff to implement a City policy preventing City Council Members from appointing family members to Richmond boards, commissions, committees, and task forces - Councilmember Cesar Zepeda (510-620-6593) and Vice Mayor Claudia Jimenez (510-620-6565).

Continued to the March 26, 2024, City Council meeting.

O.4 Community Development
O.4.a Metrowalk Phase 2 AHSC Resolution - Round 7
ADOPT a resolution authorizing final receipt of State Department of Housing and Community Development (HCD) Affordable Housing and Sustainable Communities Program (AHSC) funds for the Metrowalk Phase 2 Housing Project and designating the city manager or designee to execute the necessary agreements with HCD and BART to complete the project components with grant funds – Community Development Department (Lina Velasco 510-620-6841).

Adopted Resolution No. 18-24
O.4.b TCC Implementation Technical Assistance Grant Agreement with the State of California and Sole Source Contract with Placeworks, Inc AUTHORIZE the mayor to execute the Implementation Technical Assistance Grant Agreement with the State of California - Office of Planning and Research (OPR) and the California Strategic Growth Council (SGC) to provide the City of Richmond with funding to retain technical assistance providers; APPROPRIATE $150,000 in Transformative Climate Communities (TCC) grant funds; and APPROVE a sole-source contract with Placeworks, Inc., for a total amount of $150,000, to provide technical assistance support to advance the implementation of TCC Richmond Rising Project, with a term beginning April 1, 2024, through June 30, 2025 – Community Development Department (Lina Velasco/Beatriz Guerrero 510-620-5450).

Councilmember Robinson was recused from the vote on Item O.4.b. 24 cc19Mar2024 – sl/prc

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O.4.c Equitable Public Land Disposition Policy
ADOPT a resolution establishing the Equitable Public Land Disposition Policy - Community Development Department (Lina Velasco/Kaitlyn Quackenbush 510-620-6841). This item was continued from the March 5, 2024, meeting.

Adopted Resolution No. 19-24
O.4.d Amendment No. 1 to Contract with Safe Organized Spaces (SOS) APPROVE an Amendment No. 1 to the contract with Safe Organized Spaces to extend the contract term through June 30, 2025, and increasing the contract amount by $1,463,415.23, for a total contact amount not to exceed $2,202,108.82, to provide encampment support services, including outreach, showers, laundry services, and job opportunities for unhoused residents – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).

Continued to the March 26, 2024, City Council meeting.

O.5 Finance Department
O.5.a Quarterly Garbage Liens
ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on Contra Costa County’s property tax records – Finance Department (Andrea Miller/Mubeen Qader 510-620-6740/Antonio Banuelos 510-620-6741).

Adopted Resolution No. 20-24
O.5.b Investment and Cash Balance Report and Monthly Overtime Reports for the Month of January 2024
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of January 2024 – Finance Department (Andrea Miller 510-620-6740).

O.5.c American Rescue Plan Act (ARPA) Allocation Amendment APPROVE a transfer of expenses in the amount of $731,847.85 between American Rescue Plan Act (ARPA) funds and Wastewater funds to correct an inadvertent allocation of ARPA funds for the North Richmond Pump Station emergency repair project made prior to the allowable ARPA project reimbursement date of March 3, 2021 – Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

O.6 Fire Department
O.6.a Approve a Standing Purchase Order with Municipal Emergency Services (MES) to Purchase Firefighting Equipment and Personal Protective Equipment
APPROVE two standing purchase orders with Municipal Emergency Services (MES) in a total amount not to exceed $400,000 using: (a) RFP 1910/Contract # PS20040 Master Price Agreement publicly solicited by National Purchasing Partners, Government Division, to purchase firefighting equipment in an amount not to exceed $200,000, for a two- year term ending March 23, 2026, with a two-year extension option not to exceed an additional $200,000 for the extended term; and (b) using RFP 25 cc19Mar2024 – sl/prc

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1915/Contract # PS20070 Master Price Agreement to purchase firefighter personal protective equipment in an amount not to exceed $200,000, for a two-year term ending March 23, 2026, with a two-year extension option not to exceed an additional $200,000 for the extended term – Fire Department (Interim Fire Chief Michael E. Smith 510-307-8041/Aaron Osorio 510-307-8021).

O.7 Human Resources
O.7.a Amend Staffing (Position Control) and Appropriate Funds as Required ADOPT a resolution amending position control to add a Finance Manager II to the Finance Department, a Senior Planner for the Community Development Department, and an Office Assistant for the Human Resources Department; and APPROPRIATE associated salaries, wages, and benefits as required – Human Resources Department (Nickie Mastay/ Sharrone Taylor 510-620-6602).

Continued to the March 26, 2024, City Council meeting.

O.8 Library and Community Services
O.8.a Accept and Appropriate $139,204 in Grant Funds from the California State Library to Provide English as a Second Language Services ADOPT a resolution to ACCEPT and APPROPRIATE the California State Library grant award of $139,204 for English as a Second Language educational services; and AUTHORIZE the city manager or their designee to execute the grant agreement – Community Services Department (Kate Eppler 510-620-5452/Abigail Sims-Evelyn 510-307-8082).

Adopted Resolution No. 21-24
O.8.b Land Use Agreement for Weekly Farmer’s Market on Civic Center Plaza APPROVE a temporary Land Use Agreement between the City of Richmond and the Richmond Certified Farmers’ Market Association for the free use of Civic Center Plaza between Macdonald Avenue and Nevin Avenue in front of the Richmond Main Library to host a weekly farmers’ market on Fridays, effective April 5, 2024, and ending March 31, 2026, or earlier if the market must move due to the Richmond Main Library renovation project – Community Services Department (LaShonda White 510-620-6828).

O.9 Mayor's Office
O.9.a Community Police Review Commission Appointment
APPOINT Carmen Martinez to the Community Police Review
Commission with a term that expires November 1, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6502)
O.9.b Reducing the Reimaging Public Safety Community Task Force from 21 to 14 members
APPROVE the reduction of Reimaging Public Safety Task Force from 21 to 14 members.

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O.10 Public Works
O.10.a Amendment to NEMA Construction On-Call Construction Contract APPROVE Amendment 2 to the construction agreement with NEMA Construction in the amount of $150,000, for a new total not to exceed amount of $1,650,000, and for a term ending September 30, 2025 – Public Works Department (Daniel Chavarria 510-620-5478).

O.10.b Contract Award to Stommel, Inc., dba LEHR, for Outfitting of Emergency Vehicles
APPROVE a contract with Stommel, Inc., dba LEHR, for the outfitting of emergency vehicles, for a term from March 1, 2024, to June 30, 2027, in an amount not to exceed $1,500,000 – Public Works Department/Police Department (Daniel Chavarria 510-620-5478/Captain Eric Smith 510-621- 1802).

P. NEW BUSINESS
P.1 Ordinance Creating New Business Activity Classification, Class P – Wholesale, and the Corresponding Rates
INTRODUCE an ordinance (first reading) amending Chapter 7.04.103 of the Richmond Municipal Code by creating a new Business Activity Classification, Class P – Wholesale, and the corresponding rates – City Attorney's Office/Finance Department (Dave Aleshire 510-620-6509/Andrea Miller, Mubeen Qader, Antonio Banuelos 510-620-6741). This item was continued from the February 27, 2024, and March 5, 2024, meetings.

City Attorney Dave Aleshire introduced the matter. Accounting Manager Antonio Banuelos presented a PowerPoint that highlighted the following: Measure U and wholesale background; business tax classifications; current and proposed rates; and examples of business tax. Rauly Butler gave comments in person. Leisa Johnson gave comments via teleconference. Discussion ensued.

Motion by Councilmember McLaughlin
Seconded by Vice Mayor Jimenez
To introduce said ordinance for first reading and lay over for two weeks for the second reading.

Ayes (5): Councilmember McLaughlin, Councilmember Robinson, Councilmember Zepeda, Vice Mayor Jimenez, and Mayor Martinez Absent (2): Councilmember Bana and Councilmember Willis Passed (5 to 2)

P.2 Proposed Developer Impact Fees Adjustments for a Revised Master Fee Schedule
RECEIVE a presentation from the Finance Department and Willdan Financial Services on the proposed updates to the Developer Impact Fees in the Master Fee Schedule – Finance Department (Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620-6741). This item was continued from the March 5, 2024, meeting.

Director of Finance Andrea Miller introduced the matter. Carlos Villarreal of Willdan Financial Services presented a PowerPoint that highlighted the following:
development impact fee; Mitigation Fee Act findings and Assembly Bill 602; impact fees basic methodology and categories; changes and growth projections; 27 cc19Mar2024 – sl/prc

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cost allocation and fee program methodologies; planned facilities; projected impact fee revenue; standards and other methodologies; planned facilities; impact fee projected revenue and maximum justified fee schedule; staff recommendation for residential four-year phase-in, non-residential two-year phase-in, and comparison; credit policy; responses to council questions; parks master plan projects; and next steps. Jessi Taran gave comments via teleconference.

Discussion ensued. The council requested the following: codify language in the ordinance to prevent developers from constructing shell buildings at the lower impact fee before tenant improvements; and provide information regarding a commercial truck impact fee and fiscal analysis.

P.3 Richmond Parks Assessment of Soccer Fields
RECEIVE a presentation on the draft Soccer Field and Park Amenities Assessment prepared by CSW|ST2 – Public Works (Daniel Chavarria/Tawfic Halaby 510-620-5482). This item was continued from March 5, 2024.

Director of Public Works Daniel Chavarria introduced Deputy Public Works Director Operations and Maintenance Tawfic Halaby, Parks and Landscape Superintendent Greg Hardesty, President and Chief Executive Officer Robert Stevens, and Senior Landscape Architect Marcia Vallier of CSW|ST2 Engineering Group. Ms. Vallier presented a PowerPoint that highlighted the following: project purpose; council recommended actions; background; current conditions and needs; Richmond soccer teams, field sports, and basketball court needs; findings; Richmond parks, recommendations, and maintenance; joint use agreements; facility upgrades; and next steps. Santiago Mendoza and Sam Torres gave comments in person. Jessi Taran gave comments via teleconference. Discussion ensued. The council requested the following: number of budgeted staff and vacancies for the Parks and Landscape Division; consider utilizing remaining Capital Improvement Project funds for parks improvements; provide a parks maintenance schedule plan (including opening and closing facilities); distinguish District 2 regional parks from city parks; put more time and effort into the parks deficit in Districts 1 and 6; consider multi-use parks; consider turf health concerns; utilize Hilltop Park for other sports; add the matter of additional soccer fields to the list of prioritized projects; consider parks in Parchester Village and the condition of the basketball courts; consider cork infill opposed to rubber; and provide the contribution amounts from special districts for parks maintenance. (At 10:56 p.m. - a motion by Vice Mayor Jimenez, seconded by Councilmember McLaughlin, to extend the meeting to complete Item P .3 passed by the unanimous vote of the City Council). Further discussion ensued.

Q. ADJOURNMENT
There being no further business, the meeting adjourned at 11:03 p.m., to meet again on March 26, 2024, at 6:30 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Mayor

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RICHMOND, CALIFORNIA,

April 2, 2024, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 5:00 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Melvin Willis, Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez. Absent: Councilmember Soheila Bana was absent the entire meeting due to illness. Councilmembers Gayle McLaughlin and Doria Robinson were absent the entire meeting.

C. CLOSED SESSION
A motion made by Vice Mayor Jimenez, seconded by Councilmember Willis, added an emergency item to C-3 Conference with Legal Council - Anticipated Litigation, by the following vote: Ayes: Councilmembers Zepeda, Willis, Vice Mayor Jimenez, and Mayor Martinez. Absent: Councilmembers Bana, McLaughlin, and Robinson.

C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
• Claimant: Tara McGirr
Agency claimed against: City of Richmond

• Claimant: Nicole Abetkov
Agency claimed against: City of Richmond

• Claimant: Sauncie Quillen
Agency claimed against: City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Peterson v. City of Richmond, et al.
 Winehaven v. City of Richmond
 Guidiville Rancheria of California, et al. v. United States of America, et al.  North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
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C.4 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
 Title: City Attorney
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
None.

E. ADJOURN TO CLOSED SESSION
Open Session adjourned to Closed Session at 5:03 p.m. Closed Session adjourned at 6:30 p.m.

F. SPECIAL MEETING OF THE SURPLUS PROPERTY AUTHORITY
The Special meeting of the Surplus Property Authority was called to order at 6:33 p.m. by Chairperson Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE
Chairperson Eduardo Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Commissioners Melvin Willis, Cesar Zepeda, Vice Chairperson Claudia Jimenez, and Chairperson Eduardo Martinez. Absent: Commissioner Soheila Bana was absent the entire meeting due to illness. Commissioners Gayle McLaughlin, and Doria Robinson were absent the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
None.

K. PUBLIC COMMENT
None.

L. SURPLUS PROPERTY AUTHORITY CONSENT CALENDAR
Motion by Commissioner Melvin Willis
Seconded by Commissioner Cesar Zepeda
Ayes (4): Commissioners Melvin Willis, Cesar Zepeda, Vice Chairperson Claudia Jimenez, and Chairperson Eduardo Martinez
Absent (3): Commissioners Doria Robinson, Soheila Bana, and Gayle McLaughlin

Passed (4 to 0)

L.1 Minutes of the Surplus Property Authority
APPROVE the minutes of the February 27, 2024, Joint Surplus Property Authority/City Council meeting - City Clerk's Office (Pamela Christian 510-620- 6513).

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L.2 Second Contract Amendment with Flock Group, Inc. to Add Additional Cameras at the Point Potrero Marine Terminal.

APPROVE a second contract amendment with Flock Group, Inc. in the amount of $39,300, for a new total contract amount not to exceed $1,037,400, for additional cameras to be installed at the Point Potrero Marine Terminal, for the term ending February 28, 2026 – Police Department/Port of Richmond (Chief Bisa French 510-621-1802/Charles Gerard 510-829-2253).

M. ADJOURNMENT
The meeting adjourned at 6:37 p.m.

N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order at 6:37 p.m. by Mayor Eduardo Martinez.

O. PLEDGE OF ALLEGIANCE
P. ROLL CALL

Q. STATEMENT OF CONFLICT OF INTEREST
None.

R. AGENDA REVIEW
Item W.3.a. - (Temporary Moratorium on New Tobacco Retailers) was removed from the Consent Calendar for discussion.

S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9) • Claimant: Tara McGirr
Agency claimed against: City of Richmond
• Claimant: Nicole Abetkov
Agency claimed against: City of Richmond
• Claimant: Sauncie Quillen
Agency claimed against: City of Richmond
Status report was given. No reportable action was taken.

C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · Peterson v. City of Richmond, et al.
· Winehaven v. City of Richmond
· Guidiville Rancheria of California, et al. v. United States of America, et al. · North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond Status report was given. No reportable action was taken.

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C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) · One case
Status report was given. No reportable action was taken.

C.4 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
· Title: City Attorney
Not discussed.

T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented the report as follows: All City Staff Meeting was held on March 27, 2024, in the City Council Chambers and via Zoom; Richmond Fire recognized by the Richmond Kiwanis Club at Public Safety Awards Dinner on March 22, 2024; the Marina Bay Farmer's Market Kick-Off was on Sunday, April 7, 2024; MCE offered no cost home upgrades for qualified Richmond residents. More information can be obtained at https://mcecleanenergy.org/home-savings/ or by calling 888-632-3674; and Love Your Block In-Kind Sponsorship Program was accepting applications at www.loveyourblock.org.

T.1 NEW EMPLOYEE REPORT - 1st Tuesday
Human Resources Director Sharrone Taylor provided the New Employee Report as follows: Jennifer Dang, Administrative Assistant, Konyae Miller, Jailer; Leah Eric, Payroll Coordinator; Abdul Black, Administrative Student Intern; Pedro Barragan, Maintenance Aide; Eduardo Zacarias, Maintenance Aide II; Neisha Moore, Communications Dispatcher I; Brandon Grate, Police Officer Trainee; Esteban Tirado-Rodriguez, Lifeguard, Allison Tong, Lifeguard; Adam Chaffee, Administrative Student Intern; Stephanie Munoz, Police Officer Trainee; Adam Gonzalez, Police Officer Trainee; Adan Rodriguez, Maintenance Aide II; and Angelica Howay was promoted to Administrative Services Coordinator.

U. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Councilmember Willis announced that the Bay Area Girl's Club would host the "Men Who Cook Event" on Sunday, April 14, 2024, from 2 p.m. to 5 p.m. at Cobiz at 1503 Macdonald Avenue.

Councilmember Zepeda reported the following: attended the Shimada Sayonara event on March 27, 2024; attended the raising of the Trans Flag on Friday, March 29, 2024; the District 2 Community meeting would be on April 6, 2024, from 10 a.m. to 12 p.m. at Bridge Arts; and attended the Police & Fire event honoring service to the community.

Vice Mayor Jimenez invited everyone to the ACCE event regarding decarbonizing at Grace Lutheran Church, at 2369 Barrett Avenue, on Thursday, April 4, 2024, from 6 p.m. to 8 p.m.

V. OPEN FORUM FOR PUBLIC COMMENT
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(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
Don Gosney invited interested people to join the Plumbers & Steamfitters Local 342. For more information Mr. Gosney could be contacted at [email protected] or by calling (510) 685-2403.

Mark Wassberg gave comments regarding transgenders.

Rick Perez showed his sweatshirt with the Pedie Perez Proclamation on the front and a photo of the cultural training he attended on the back.

Patricia Perez gave comments regarding the death of her grandson Pedie Perez.

Samiyah Tillman requested support for the resident physicians at LifeLong Urgent Care Center to receive fair compensation.

W. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Melvin Willis
Seconded by Vice Mayor Claudia Jimenez
Ayes (4): Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Absent (3): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, and Councilmember Doria Robinson
Passed (4 to 0)

W.1 City Attorney's Office
W.1.a Legal Services Agreement with Manning & Kass, Ellrod, Ramirez & Trester, LLP
APPROVE a new legal services agreement with Manning & Kass, Ellrod, Ramirez & Trester LLP for a total amount not to exceed $75,000 for a term beginning July 1, 2022, to June 30, 2025 – City Attorney’s Office (Dave Aleshire 510-620-6509).

W.1.b Approve a 6th Amendment for Allen, Glaessner, Hazelwood & Werth LLP APPROVE a Sixth Amendment to a legal services agreement with Allen, Glaessner, Hazelwood & Werth LLP increasing the compensation by an amount not to exceed $150,000, for a total new contract amount of $1,260,000, and extending the term through June 30, 2025 – City Attorney’s Office (Dave Aleshire/Shannon Moore 510-620-6509).

W.2 City Clerk's Office
W.2.a Cancellation of April 23, 2024, Regular City Council meeting to hold a special in-person meeting called by the Mayor to be held in the Bermuda Room
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APPROVE the cancellation of the April 23, 2024, Regular City Council meeting to hold a special in-person meeting on April 23, 2024, from 4:00 p.m. to 7:00 p.m. called by Mayor Martinez as a follow-up and conclusion to the special meeting held in the Bermuda Room on November 14, 2023; Henry Gardner will facilitate a discussion with the City Council regarding “Working Relations and Expectations” - City Clerk’s Office (Pamela Christian 510-620-6513).

W.3 City Council
W.3.a Temporary Moratorium on New Tobacco Retailers
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).

Councilmembers Jimenez and Willis gave an overview of the matter.

Hector Rojas presented a PowerPoint which highlighted the existing regulations, and details of the proposed moratorium.

Guadalupe Enllana and Mayra Lopez gave comments. Discussion ensued.

Three smoke shops were not licensed as tobacco retailers and were subject to closure.

There was not a supermajority of the councilmembers present in order to act on the temporary moratorium, therefore this matter was continued to the April 16, 2024, City Council meeting for consideration.

W.4 Economic Development
W.4.a Second Contract Amendment with Flock Group, Inc. to Add Additional Cameras at the Point Potrero Marine Terminal.

W.5 Library and Community Services
W.5.a Contract for Installation of Window Coverings in the Madeline F.

Whittlesey Community Room
APPROVE a contract with Hauser Shade & Sons, Inc., in an amount not to exceed $19,339.35, for installation of window treatments in the Richmond Main Library’s Madeline F. Whittlesey Community Room, for a term beginning March 1, 2024, through March 1, 2025 — Community Services Department (Kate Eppler 510-620-5452/Leah J. Clark 510-621- 1557).

W.5.b Accept and Appropriate an $8,363 Grant from the Bay Area Library and Information System to Support Library Membership in Professional Associations
ADOPT a resolution to ACCEPT and APPROPRIATE into the Fiscal Year 2023-2024 budget a Bay Area Library and Information System grant for 34 cc02Apr2024 – ud

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institutional membership fees in the amount of $8,363 – Community Services Department (LaShonda White 510-620-6828/Kate Eppler 510- 620-5452).

Adopted Resolution No. 23-24.

W.6 Police Department
W.6.a Sole-Source Contract with Motorrad LLC for Police Motorcycle Maintenance and Repair
APPROVE a three-year sole-source contract with Motorrad LLC to provide ongoing maintenance and repair services for the police department’s motorcycle fleet, at a cost not to exceed $90,000, for the contract term July 1, 2024, to June 30, 2027, with the option of two, mutually agreed upon, one-year extension terms for an additional cost not to exceed $30,000 per fiscal year – Police Department (Chief Bisa French 510-621-1802).

W.6.b Purchase of Three Speed Trailers and SafePace Cloud Access from Traffic Logix.

APPROVE the purchase of three speed radar trailers and SafePace Cloud Access from Traffic Logix at a cost of $28,842.30 – Police Department (Chief Bisa French 510-621-1802).

W.6.c Second Contract Amendment to add $15,000 in funds to contract with Du- All Safety, LLC.

APPROVE a second contract amendment with Du-All Safety, LLC for additional funding of $15,000, for a total amount not to exceed $775,206, for the contract term ending June 30, 2024 – Police Department (Chief Bisa French 510-621-1802).

W.7 Public Works
W.7.a Abatement Report from the Public Works Director
RECEIVE a written abatement report from the Public Works Director - Public Works Department (Daniel Chavarria 510-620-5478).

X. NEW BUSINESS
X.1 Prevent Nepotism During the Appointment Process for Richmond Boards, Commissions, Committees, and Task Forces, and City Hiring and Employment.

DISCUSS and PROVIDE direction to the City Attorney’s Office to draft and for staff to implement a City policy preventing City Council Members from appointing family members to Richmond boards, commissions, committees, and task forces - Councilmember Cesar Zepeda (510-620-6593) and Vice Mayor Claudia Jimenez (510-620-6565). This item was continued from the March 19, 2024, and March 26, 2024, meetings.

City Attorney Dave Aleshire gave an overview of the matter.

Don Gosney gave comments in person. Eli Moore, and Jessi Taran gave comments via Zoom.

Discussion ensued. The city council recommended the following: Committees or commissions that have decision making power should be stricter; applies to 35 cc02Apr2024 – ud

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directors and staff who had hiring power; ask on the board and commission application if person applying is related to a member of the city council; those with business relationships or associations would not be appointed; and that members would serve out their term and would not be reappointed. This matter was continued for further discussion to the April 16, 2024, City Council meeting.

Motion by Vice Mayor Claudia Jimenez
Seconded by Councilmember Cesar Zepeda
Ayes (4): Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Absent (3): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, and Councilmember Doria Robinson
Passed (4 to 0)

X.2 Race Forward Training Series
APPROVE a sole-source two-year contract with Race Forward to conduct a series of race equity trainings for employees, public officials, and community partners not to exceed $55,000, for a term beginning April 2024 through December 2026 – City Council Office (Trina Jackson-Lincoln 510-620-6581).

City Council Liaison and Project Coordinator Trina Jackson provided an overview of the matter. Jessi Taran and Deborah Small gave comments via Zoom.

A motion was made to approve the contract.

Motion by Councilmember Melvin Willis
Seconded by Vice Mayor Claudia Jimenez
Ayes (4): Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Absent (3): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, and Councilmember Doria Robinson
Passed (4 to 0)

Y. ADJOURNMENT
There being no further business, the meeting adjourned at 8:42 p.m., to meet again on April 16, 2024, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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RICHMOND, CALIFORNIA,

April 16, 2024, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 4:31 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Gayle McLaughlin, Melvin Willis, Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez. Absent: Councilmember Soheila Bana attended the meeting remotely due to illness. Councilmember Doria Robinson was absent the entire meeting.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Winehaven v. City of Richmond
 Guidiville Rancheria of California, et al. v. United States of America, et al.  North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
 Hanlees Hilltop Buick et al. v. City of Richmond

C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • Two cases
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.4 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
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 Title: City Attorney
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
None.

E. ADJOURN TO CLOSED SESSION
The meeting adjourned to Closed Session at 4:33 p.m. Closed Session adjourned at 6:35 p.m.

F. SPECIAL JOINT MEETING OF THE RICHMOND HOUSING

AUTHORITY/RICHMOND CITY COUNCIL
The Special Joint meeting of the Richmond Housing Authority/Richmond City Council was called to order at 6:38 p.m. by Chairperson/Mayor Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE
Chairperson/Mayor Eduardo Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Commissioner/Councilmember Soheila Bana attended the meeting remotely due to illness. Councilmembers/Commissioners Gayle McLaughlin, Melvin Willis, Cesar Zepeda, Vice Mayor/Vice Chairperson Claudia Jimenez, Chairperson/Mayor Eduardo Martinez, and Tenant Commissioner Jaycine Scott. Absent:

Councilmember/Commissioner Doria Robinson was absent the entire meeting.

The City Clerk Pamela Christian announced that Councilmember Bana was ill and would attend the council meeting remotely in accordance with the AB 2449 “just cause” option.

Councilmember Bana was required during the meeting to announce whether any individuals 18 years or older were present in the room where she was attending the meeting (and the general nature of her relationship with that individual.) Also, Councilmember Bana was required to keep her camera on during the meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
None.

K. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Councilmember/Commissioner McLaughlin
Seconded by Tenant Commissioner Scott
Ayes (7): Councilmembers/Commissioners Bana, McLaughlin, Willis, Zepeda, Vice Mayor/Vice Chairperson Jimenez, Chairperson/Mayor Eduardo Martinez, and Tenant Commissioner Scott
Absent (1): Councilmember/Commissioner Robinson
Passed (7 to 0)
K.1 Housing Authority Meeting Minutes
APPROVE the minutes of the February 6, 2024, regular meeting of the Richmond Housing Authority - City Clerk's Office (Pamela Christian 510-620-6513).

L. JOINT RICHMOND HOUSING AUTHORITY / RICHMOND CITY COUNCIL

BUDGET SESSION
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Motion by Councilmember/Commissioner McLaughlin
Seconded by Councilmember/Commissioner Willis
Ayes (7): Councilmembers/Commissioners Bana, McLaughlin, Willis, Zepeda, Vice Mayor/Vice Chairperson Jimenez, Chairperson/Mayor Eduardo Martinez, and Tenant Commissioner Scott.

Absent (1): Councilmember/Commissioner Robinson
Passed (7 to 0)
L.1 Fiscal Year (FY) 2023-2024 Amended Budget Adjustments ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2023-2024 Richmond Housing Authority (RHA) amended budget adjustments with revised estimated revenues of $5,614,495 and total expenditures of $5,614,495, with no increases to the general fund subsidy amount which will provide sufficient revenue to match anticipated expenditures – Richmond Housing Authority/Finance Department (Gabino Arredondo/Rita Martinez 510-621-1300).

Interim Housing Authority Executive Director, Gabino Arredondo and Senior Accountant Rita Martinez presented the budget.

Jessi Taran gave comments via Zoom.

Discussion ensued.

Community Development Director Lina Velasco and Hosing Manager Jesus Morales would provide a written update to the City Council.

Adopted Housing Authority Resolution No. 2195 and City Council Resolution No. 24-24.

M. ADJOURNMENT
The meeting adjourned at 7:02 p.m.

N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular meeting of the Richmond City Council was called to order at 7:02 p.m. by Mayor Eduardo Martinez.

O. ROLL CALL

P. STATEMENT OF CONFLICT OF INTEREST
None.

Q. AGENDA REVIEW
City Clerk Pamela Christian announced that public speakers would be allowed for Item X.1 - Temporary Moratorium on New Tobacco Retailers.

R. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · Winehaven v. City of Richmond
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· Guidiville Rancheria of California, et al. v. United States of America, et al. · North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond · Hanlees Hilltop Buick et al. v. City of Richmond
A status report was given. No reportable action was taken.

C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • Two cases
One case was discussed. No reportable action was taken.

C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
· Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
Discussed and direction was given to city negotiators.

C.4 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
· Title: City Attorney
Not discussed.

S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following: attended the National Forum for Black Public Administrators with Interim Housing Authority Director Gabino Arredondo from April 3-7, 2024, in Baltimore, Maryland; the Marina Bay Farmers Market was every Sunday from 10:00 a.m. to 2:00 p.m. at the Marina Bay Parking Lot; the Commission on Aging Senior Wellness Health Clinic was on Thursday, April 18, 2024, from 10:00 a.m. to 12:00 p.m. at the Richmond Auditorium; Earth Day Celebrations were on April 20, 2024, from 10:00 a.m. to 1:00 p.m. at Shields-Reid Park and at Unity Park from 9:00 a.m. to 12:00 p.m.; Community Meetings for the Richmond High School and Kennedy High School Modernization were at Kennedy High on April 23, 2024, at 6:00 p.m. and at Kennedy High School on April 25, 2024, at 6:00 p.m.; and the Small Business Fair was on April 28, 2024, from 12:00 p.m. to 5:00 p.m. at Richmond City Hall.

T. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Councilmember Willis reported the following: Pogo Park made a short list to potentially receive funding for a resiliency grant; he attended the "Men who Cook Event" at Co-Biz; and attended the Literacy Fair at the Richmond Auditorium.

Councilmember McLaughlin reported that she attended the Marina Bay Farmer's Market and the Literacy Fair.
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Councilmember Zepeda reported the following: he attended the NIAD Art event; announced the Earth Day cleanup at Miller Knox Park on Friday and Saturday from 10:00 a.m. to 12:00 p.m.; a meeting to discuss air quality monitoring funds from Chevron on Monday, April 22, 2024, at San Pablo City Hall at 5:30 p.m.; Washington Elementary School Fundraiser was on Friday, April 19, 2024, at 5:00 p.m.; thanked the Public Works Department for paving portions of the Richmond Parkway; and stated that the Council Chamber art exhibit was currently in transition.

Vice Mayor Jimenez attended the Marina Bay Farmer's Market and Literacy Festival and thanked Councilmember McLaughlin for her assistance with both events.

Mayor Martinez reported the following: thanked SEIU for an award regarding work equity; attended the retirement of Nicole Barnett, Director of Nursing at Kaiser Hospital; he attended the Bloomberg ideation sessions at the Port and a delegation from the Norwegian government visited the port; attended the Groundwork Richmond Ribbon cutting; and attended the California Nepalese Community parade in San Francisco.

Councilmember Bana thanked the Pogo Park community for applying for the resiliency grant and invited the community to the El Sobrante Library Earth Day event on April 20, 2024, and to the farmer's market at the former Adachi Nursery site on Sunday, April 21, 2024, from 12:00 p.m. to 4:00 p.m.

U. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
Vencel Alfred, Aileen Alvarado, Kemi Adeduro, and Michelle Herrera gave comments in support of coastal conservation, preservation of local watersheds, and the dangers of dog feces in watersheds.

Rick Perez stated many people are in support of his family and the death of his son, Pedie Perez. Mr. Perez also gave comments regarding the closure of the Dublin Women's Prison.

Patricia Perez gave comments regarding the death of her grandson Pedie Perez.

Mark Wassberg gave comments regarding sanctuary cites.

Don Gosney invited interested persons to apply for the Plumbers & Steamfitters Local 342 apprenticeship program. More information could be obtained by contacting Mr.

Gosney at [email protected] or by calling (510) 685-2403.

Maurice Slocum requested assistance in scheduling gym time for his basketball team and in obtaining approval of the facility fee waiver form.

Elda Fotenot president of Heritage Park Senior Complex gave comments regarding current issues at the complex and requested assistance from the city council.

Jessi Taran gave comments regarding housing problems and solutions for homelessness.

Leisa Johnson gave comments regarding Measure U.

Sunit Kaur gave comments regarding healthy options for persons at store checkouts that conform to nutritional standards.

V. CITY COUNCIL CONSENT CALENDAR
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second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Melvin Willis
Seconded by Councilmember Gayle McLaughlin

Ayes (5): Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Abstentions (1): Councilmember Soheila Bana
Absent (1): Councilmember Doria Robinson
Passed (5 to 0)

V.1 City Attorney's Office
V.1.a Second Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore for Labor and Employment Issues
APPROVE a second amendment to the legal services agreement with Liebert Cassidy Whitmore to extend the time to June 30, 2026, and increase the compensation by $750,000, for an amount not to exceed $1,165,000 – City Attorney’s Office (Dave Aleshire 510-620- 6509/Shannon Moore 510-620-6505).

V.2 City Clerk's Office
V.2.a City Council Meeting Minutes
APPROVE the minutes of the March 5, 2024, regular City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).

V.3 Economic Development
V.3.a Authorization to Apply for Environmental Protection Agency Grants ADOPT a resolution AUTHORIZING the city manager or their designee to submit grant applications for any and all United States Environmental Protection Agency grants for which the Port of Richmond is eligible, and to execute all necessary and related agreements; and to ACCEPT and APPROPRIATE grant awards into the Port Fund – Economic
Development Department (Charles Gerard/Nannette Beacham/Lizeht Zepeda/510-215-4600).

Adopted Resolution No. 25-24.

V.4 Finance Department
V.4.a Update on Cost Recovery and Revenue Enhancement
RECEIVE a written report on the City’s Cost Recovery and Revenue Enhancement efforts - Finance Department (Shasa Curl/Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077/Antonio Banuelos 510-620- 6741).

V.4.b Investment and Cash Balance Report and Monthly Overtime Reports for the Month of February 2024
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RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of February 2024 – Finance Department (Andrea Miller 510-620-6740).

V.4.c Sanctuary City Contracting and Investment Policy Ordinance Update RECEIVE a written update regarding the steps taken to ensure compliance with the Sanctuary City Contracting and Investment Policy Ordinance; and APPROVE a waiver for Motorola as the only reasonable option – Finance Department (Andrea Miller/Mubeen Qader/ Ofelia Alvarez 510- 620-6699).

V.4.d State Auditor’s Recommendations Corrective Action Plan May 2024 Update
RECEIVE a report regarding the City’s Corrective Action Plan update to State Audit No. 2021-806 – Finance Department (Andrea Miller 510-620- 6790/Mubeen Qader 510-412-2077).

V.5 Human Resources
V.5.a Employee Recognition Program Expenditure Approval APPROVE expenditure of up to $30,000 for the sole-source purchase of lapel pins for employee service awards – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

V.5.b Amend Contracts with Temporary Employment Staffing Agencies APPROVE first amendments to contracts with temporary employment staffing agencies, TemPositions and AppleOne, to increase the contract limit by $100,000 each, for a total amount not to exceed $200,000 for each contract, and extending the terms of both agreements to June 30, 2025 – Human Resources Department (Nickie Mastay/Sharrone Taylor - 510-620- 6602).

V.6 Library and Community Services
V.6.a Resolution to Accept and Appropriate the Local Government: Connecting Neighbors to Neighbors Grant from the State of California, Governor’s Office of Planning and Research
ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $750,000 from the State of California, Governor’s Office of Planning and Research to support neighborhood engagement – Community Services Department (LaShonda White 510-620-
6828/Stephanie Ny 510-620-6563).

Adopted Resolution No. 26-24.

V.7 Mayor's Office
V.7.a Abhijeet Babu Prasad Youth Council Appointment
APPOINT Abhijeet Babu Prasad to the Youth Council, with a term expiring on October 1, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.7.b Reappoint Gloria Jean Sewell-Murphy to the Economic Development Commission (EDC)
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REAPPOINT Gloria Jean Sewell-Murphy to the Economic Development Commission with a term that expires on March 30, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.7.c Scarlett Perez Youth Council Appointment
REAPPOINT Scarlett Perez to the Youth Council with a term that expires on October 1, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

V.7.d Valeria Serrano Youth Council Appointment
APPOINT Valeria Serrano to the Youth Council, term expires October 1, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.8 Police Department
V.8.a Crime Report from Police Chief
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).

V.8.b CAL ID Remote Access Network and County Law Enforcement Training Center Annual Expense Increases
APPROVE the purchase order amounts of $178,353 for the cost of maintaining the CAL-ID program mandated by the State of California, and $69,000 for the Law Enforcement Training Center for Fiscal Year 2023- 2024 – Police Department (Chief Bisa French 510-621-1802).

Adopted Resolution No. 27-24.

V.8.c Sole-Source Contract with Serological Research Institute for Forensic DNA Testing and Analysis
APPROVE a one-year sole-source contract with Serological Research Institute, in an amount not to exceed $49,000, for the term April 17, 2024, through April 16, 2025, with two mutually agreed upon one-year extensions, for an additional amount not to exceed $49,000 per fiscal year – Police Department (Chief Bisa French 510-621-1802).

V.8.d Special Weapons and Tactics (SWAT) Communication Headsets for Richmond Police Department Officers
APPROVE the purchase of communication headsets from Pack-n-Tape, in an amount not to exceed $30,500, which includes a contingency to account for taxes and shipping costs – Police Department (Chief Bisa French 510-621-1802).

V.9 Public Works
V.9.a Award Construction Contract for the Lincoln Elementary School Safe Route to School Improvement Project (SRT)- CML -5137(055) ADOPT a resolution to ACCEPT and APPROPRIATE the One Bay Area Grant 2 (OBAG2) in the amount of $497,000 for Lincoln Elementary School Safe Route to School Improvement Project CML-5137(055); AUTHORIZE the city manager or their designee to execute a contract with Corcus Construction, Inc in an amount of $599,831; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for an additional contingency amount of $67,000 – Public 44 cc16Apr2024 – ud

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Works Department (Robert Armijo 510-620-5477/Ken Cheng 510-621- 1612).

Adopted Resolution No. 28-24.

V.9.b Award Construction Contract for an As-Needed Concrete Contractor and Request for Funds Transfer
ADOPT a resolution to AUTHORIZE the city manager or their designee to execute a contract with Calico California Constructores Inc. in an amount of $1,500,000, for a term ending December 31, 2025, with an option to extend the contract for one year and add additional capacity in the amount of $500,000; and APPROVE the transfer of American Rescue Plan Act (ARPA) funds in the amount of $461,717 from street improvement project (13636031-400645-01A05) to sidewalk improvement project (13636031-400644-01A04) – Public Works Department (Daniel Chavarria 510-620-5478/Ken Cheng 510-621-1612).

Adopted Resolution No. 29-24.

V.9.c Amendment #1 Arntz Builders, Inc. Construction Contract for Booker T.

Anderson Community Center
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).

Adopted Resolution No. 30-24.

V.9.d Ghilotti Bros., Inc. Contract Amendment #1 for The Yellow Brick Road Project
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).

Adopted Resolution No. 31-24.

W. BUDGET SESSION
W.1 Capital Improvement Plan Projects Update
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).
45 cc16Apr2024 – ud

Page 10 of 11 ends

Public Works Director Daniel Chavarria, Deputy Public Works Director/City Engineer Robert Armijo, Public Works Capital Projects Manager Josef Munoz, and Finance Director Andrea Miller presented a PowerPoint, which highlighted the following: Background; Capital Improvement Plan Report Overview; Programs and Program Stats; Project Completion Timeline; Park Improvements; Projects exchanging ARPA funds with unspent funds; Existing Capital project with funding gaps; Public Works Recruitment; and Staff proposal.

Jamin Pursell gave comments in person. Jessi Taran and Eli Moore gave comments via Zoom.

Discussion ensued. City council requested that the plan that the specific projects are aligned with were identified in the reports and the date the project was approved; requested an addition $1 million in funding for Monterey, Virginia, and Stuart Playlots in the Fiscal Year 2024-25 budget; complete smaller projects first; and provide map of traffic accidents.

Adopted Resolution No. 32-24.

Motion by Councilmember Melvin Willis
Seconded by Councilmember Gayle McLaughlin

Ayes (6): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Absent (1): Councilmember Doria Robinson
Passed (6 to 0)

X. NEW BUSINESS
X.1 Temporary Moratorium on New Tobacco Retailers
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)
Community Development Director Lina Velasco gave an overview of the matter.

Oscar Garcia gave comments via Zoom.

A motion was made to adopt the urgency ordinance and for a temporary 45-day moratorium on the issuance of new permits.

Motion by Councilmember Melvin Willis
Seconded by Vice Mayor Claudia Jimenez

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X.2 Presentation of Management and Performance Audit of the Port of Richmond
RECEIVE a presentation from Government Performance & Policy (GPP) Analytics Inc. on the Management and Performance Audit of the Port of Richmond – Finance Department (Nickie Mastay 510-620-6602/ Andrea Miller 510-620-6790/ Nannette Beacham 510-621-1306/ Charles Gerard 510-620-6792).

Deputy City Manager Nickie Mastay gave an overview of the matter. Julian Metcalf from GPP Analytics, Inc. presented a PowerPoint which highlighted the following: Scope questions and findings; Finding 1: Port Specific Plan; Finding 2:

Port Procedures; Finding 3: Maintenace Staff and Deferred Maintenance; Finding 4: Finance Staff and Financial Monitoring; Finding 5: Lease Solicitation, Selection, and Vetting Process; Finding 6: Lease V olume Guarantee Verification and Documentation; Finding 7: Environmental Compliance and Lease Monitoring; Finding 8:Security at Port Facilities; Finding 9: Debt to the General Fund; and Finding 10:Personal Emails.

Discussion ensued. Port Director Charles Gerard, Finance Director Andrea Miller, Senior Business Assistance Officer Lizeth Zepeda, and Senior Accountant Rita Martinez provided responses to the auditor's findings.

Jamin Pursell gave comments in person. Jim Hanson and Eli Moore gave comments via Zoom. Further discussion ensued.
(A motion made by Councilmember McLaughlin, seconded by Councilmember Zepeda extended the meeting to complete Item X.2. passed by the following vote:

Ayes: Councilmembers Bana, McLaughlin, Willis, Zepeda, Vice Mayor Jimenez, and Mayor Martinez. Noes: None. Absent: Councilmember Robinson. Abstain:

None.)
The city council recommended that staff adopt the recommendations in the auditor's findings and establish a plan to resolve the findings and outline which departments are responsible for resolving and implementing them. The City Manager's Office and Mayor's Office staff will work in collaboration on an agenda item regarding the Port audit for a future city council meeting.

Y. ADJOURNMENT
There being no further business, the meeting adjourned at 11:28 p.m., to meet again on April 23, 2024.

Clerk of the City of Richmond Mayor

Page 1 of 2 ends

May 7, 2024

City Clerk's Office

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Pamela Christian, City Clerk

Subject:

Certification of Sufficiency of Initiative Petition titled “Richmond Election Reform Act” Charter Amendment
(“Initiative”)
FINANCIAL IMPACT: None at this time

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Initiative has been determined to contain a sufficient number of valid signatures to be submitted to the voters.

Because the Initiative is a Charter Amendment, the
Council must place the Initiative on the ballot at the
November 5, 2024, General Election, pursuant to
California Elections Code section 9255(c)(1).

RECOMMENDED ACTION:

RECEIVE the Certificate of Sufficiency of Initiative
Petition indicating that the Initiative petition entitled “Richmond Election Reform Act” has a sufficient number
of valid signatures to be submitted to the voters – City Clerk’s Office (Pamela Christian 510-620-6513).

DISCUSSION:

On Wednesday, March 20, 2024, the City Clerk received the Initiative petition from the proponents.

AGENDA
REPORT
48

Page 2 of 2 ends

May 7, 2024

On Wednesday, March 20, 2024, the City Clerk hand delivered the Initiative petition containing approximately 15,095, prima facie, signatures to the Contra Costa County Elections Division in Martinez to examine the petition and verify (using a random sampling technique) the validity of the signatures. The Contra Costa County Elections Division verified that there were 15,139 signatures submitted, 379 out of 500 valid signatures, and zero duplicates. The statistical total for the petition was calculated at 132.80%. The projected statistically valid total is in excess of the 110% required based on the sample, pursuant to Elections Code 9115 and 9237.

A certification of the initiative results was received from Contra Costa County Elections Division Tuesday, April 16, 2024. The City Clerk seeks to certify the results of the examination to the City Council at this meeting by presenting the Certification of Sufficiency of Petition (Elections Code Section 9115(f)).

The City Council must now submit the Initiative to the voters at the November 5, 2024, General Election in accordance with California Elections Code section 9255(c)(1). This item will certify the sufficiency of the initiative petition and staff will come back to City Council at a later date to adopt a resolution calling f or the election and placing the initiative measure on the November 5, 2024, general election ballot.

DOCUMENTS ATTACHED:

Attachment 1 – County Clerk-Recorder - Clerk’s Certificate to Initiative Petition Attachment 2 – Petition Results Breakdown
Attachment 3 – City Clerk’s Certification of Sufficiency of Petition 49 50
51 52
Petition Result Breakdown
Richmond Election Reform Act
2024 City of Richmond Election Reform Act

RESULT ABBR RESULT DESCRIPTION
Sigs Invalid
Sample Size
Sigs Checked
Sigs Valid
0Sigs Not Checked

75.8 24.2
%
%
379
500
500
15,139Raw Count
121 %
%
%
Percent of Sigs
Checked
Percent of
Sample Size

0.0 75.8

24.2 Non-duplicate Invalids
Duplicated 0
121 %
%
%
% 0.0 0.0

24.2 24.0
Signatures Required 0
Approved Approved 379 75.8 %
NotReg Not Registered 53 10.6 %
OutOfDist Out of District 19 3.8 %
RegLate Registered Late 2 0.4 %
RegDiffAdd Registered at a Different Address 38 7.6 % DecIncmp Declaration Incomplete 1 0.2 %
SigNoMatch Signatures Don't Match 8 1.6 %
STATISTICS SUMMARY Value % Raw % Req
Pages Processed
Total Checked
Uncorrected Valid
Duplicate Adjustment
Estimated Valid
960
500
0 11475
11475
100.0 %

75.8 3.3

75.8 %
%
%

0.0 0.0

0.0 %
%
%
Min Required (95%):

Min Required to pass
Based on Sample (110%):

0.0 0.0
PCMR012 - Petition Result Breakdown
Printed: 4/9/2024 4:36:15PM

Page 1 of 153 ends

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May 7, 2024

Economic Development

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Nannette Beacham, Director of Economic Development
Charles Gerard, Port Director

Subject:

Processing Building Window Covering Completed as an
Emergency Repair
FINANCIAL IMPACT: The proposed expenditure was approved in the Fiscal Year 2023-24 Port Budget (Account String: 40163080
400708 36010).

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Port seeks approval of a construction agreement to
install plastic sheets covering windows at the Processing Building at the Point Potrero Marine Terminal to prevent injury from falling glass.

RECOMMENDED ACTION: APPROVE an emergency construction agreement with Alten Construction, LLC. in the amount of $150,000, for installing sheeting at the Processing Building, for a term ending June 30, 2024 – Economic Development
Department, Port (Charles Gerard 510-620-6792).

DISCUSSION:

The Processing Building is a World War II era metal shed at the Point Potrero Marine Terminal used by Auto Warehousing to install accessories in imported vehicles. This building is leased to Auto Warehousing, and it is the Port’s responsibility to maintain the facility per the approved lease agreement.

AGENDA
REPORT
55

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May 7, 2024
Auto Warehousing staff reported that glass panes from the windows were falling during high winds potentially injuring staff. Port staff investigated the condition and found that the putty that holds the glass panes in place has deteriorated.

The Port invited contractors to bid on a project to assess conditions and make repairs.

However, the cost of the project exceeded the Port’s budget. The City Council rejected bids in January 2023.

As the windows continue to present a hazard, the Port sought a temporary solution that includes installing a plastic barrier on the inside of the windows to prevent glass from falling. The Port contacted Alten Construction, LLC (Alten) of Richmond to provide an estimate to complete the work on an emergency basis. Alten has previous experience working with similar World War II era buildings at the Port.

Alten provided a total not-to-exceed price of $150,000 to complete the work. This is similar to the Port’s independent cost analysis. The work is estimated to take 45 days and will conclude by June 30, 2024.

ENVIRONMENTAL REVIEW:

As this is repair work, the project is exempt from the California Environmental Quality Act.

DOCUMENTS ATTACHED:

Attachment 1 – Signed Alten Emergency Justification Form Attachment 2 – Construction Agreement
Attachment 3 – Alten Proposal Exhibit A-1
Attachment 4 – Internal R. Stevens Windows Estimate

56 57
58 59
60 61
62 63

1 CONSTRUCTION AGREEMENT

This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 2024, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Alten Construction, LLC, a California Limited Liability Company (“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. The City requested the Contractor provide a cost to install sheeting to prevent glass falling from windows within the Processing Building at the Point Potrero Marine Terminal (the “Project”).

B. Contractor submitted a cost proposal consistent with the City’s expectations.

C. City now desires to contract with Contractor to furnish construction and related services for the Project.

NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:

ARTICLE I

CONSTRUCTION OF PROJECT

Section 1.1 Contract Documents.

Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids – Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.”

Section 1.2 Construction.

Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.

Section 1.3 Payments.

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.

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 66 4

perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.

Section 1.7 Equal Opportunity.

(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.

(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Section 1.8 Working Hours.

Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.

Section 1.9 Insurance and Bond Requirements.

(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue 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 67 5

to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.

(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. 68 6

1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:

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 69 7

responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(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
_______________________
70 8

Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature

Section 1.11 Senate Bill 854 Notice Requirements.

As provided in SB 854: a) no contactor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(a)]; b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(b)]; and c) work performed on the project is subject to compliance monitoring and enforcement by the DIR [Gov't Code Section 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.

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 71 9

which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.

(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under 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. 72 10

Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.

(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

Section 2.3 Waiver of Damages.

Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.

Contractor shall be solely responsible for its own acts and those of its agents and employees.

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;

the 2010 State of California Department of Transportation Standard Specifications; and

3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.
(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 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, 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 to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City’s decision shall be final and the limitations period for the filing of a claim shall commence upon the City’s issuance of its decision. If Contractor disagrees with City’s decision, or if Contractor contends that City failed to provide a timely decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor’s position as required herein.
74 12

(c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.

Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (if the Claim is for less than $50,000) or within sixty (60) days (if the Claim is for $50,000 or more) of submittal, it shall be deemed denied.

2. 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.

3. After their submittal, claims less than $375,000 shall also be subject to Section 20104 of the Local Agency Public Construction Act.
(e) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.

3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this 75 13

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, "Claims"), 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 Claims 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 Claims 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 Claims asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Claims against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.

Section 3.5 Non-Liability of City Officials, Employees and Agents.

No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

Section 3.7 Conflict of Interest.

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:

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Charles Gerard

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:

Alten Construction, LLC
1141 Marina Way SO.

Richmond, CA 94804
Attn: Robert A Alten

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.

77 15

Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

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

Section 3.11 Severability.

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

Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
78 16

Section 3.13 Waivers.

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

Section 3.14 Title of Parts and Sections.

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

Section 3.15 Entire Understanding of the Parties.

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

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

Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.

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: __________________________________

79 17

CONTRACTOR:

Alten Construction, LLC.

By: _________________________________

Name: _________________________________
Its: _________________________________
80 18

Exhibit A
Proposal

This work shall be completed consistent with Exhibt A-1.

81 ALTEN CONSTRUCTION INC
BID PROPOSAL:

Date: 1/22/24
Project: Port of Richmond- Emergency Window Barricade Install Owner: City of Richmond
Locaon: 1311 Canal Blvd, Richmond CA, 94804

EXHIBIT A-1
82 1/22/2024
Description

DIRECT COSTS
ACI Labor Classification Hrs x rate Totals
Set up / Mobilize : $0.00
Set up staging area 4 $131.36 $525.44
Pick up materials needed 4 $131.36 $525.44
Stock materials and lift 4 $131.36 $525.44
Set up safety boundaries 4 $131.36 $525.44
Remove bottom lighting cable 5 $131.36 $656.80
Remove upper lighting cable 6 $131.36 $788.16
Cut material to length 1.5 $131.36 $197.04
Labor for BOTTOM row of windows 300 feet long x 5ft-
9 inches tall :

Load angle material into lift 0.5 $131.36 $65.68
Position 10 ft angle at head 0.5 $131.36 $65.68
Drill & install threw bolts or self tapping screw at 10 ft angle into channel at head 3.75 $131.36 $492.60
Drop lift and load panels 1.25 $131.36 $164.20
Position panel into place & Clamp temporary block at
bot sill 3.125 $131.36 $410.50
Position 10 ft Sill angle into place 0.625 $131.36 $82.10 Drill & install thew bolts or self tapping screw at 10 ft angle into channel at sill 3.75 $131.36 $492.60
Screw 150 Panel seams together 3.125 $131.36 $410.50
Labor for TOP row of windows 300 feet long x 5ft-9
inches tall :

Load angle material into lift 0.5 $131.36 $65.68
Position 10 ft angle at head 0.5 $131.36 $65.68
Drill & install threw bolts or self tapping screw at angle into Wide flange at head 7.5 $131.36 $985.20
Drop lift and load panels 1.25 $131.36 $164.20
Position panel into place & Clamp temporary block at
bot sill 3.125 $131.36 $410.50
Position 10 ft Sill angle into place 0.625 $131.36 $82.10 Drill & install thew bolts or self tapping screw at 10 ft angle into channel at sill 3.75 $131.36 $492.60
Screw 150 Panel seams together 3.125 $131.36 $410.50
Demobilize the area $131.36
Reinstall the upper lighting cable 3 $131.36 $394.08
Reinstall the lower lighting cable 3.5 $131.36 $459.76
Clean up area 2 $131.36 $262.72
Remove boundary barricades 1 $131.36 $131.36
Demobilize when finished 1.5 $131.36 $197.04
Daily clean up 1.25 $131.36 $164.20
SUPERVISION- 50% 40 $149.81 $5,992.40
$0.00
Labor Subtotal $16,205.64
ACI Material Cost Quan. Units x unit cost
$0.00
150 sheets of the 2’x 12’ Corrugated galv metal panels 150 sheet 46.00 $6,900.00 3x3 28g. L Flashing angle, 120 ea 14.30 $1,716.00
Through bolts or self drilling screws for angle
attachment 600 ea 0.55 $330.00
Self tapping screws for panel attachment , 1350 screws 1350 ea 0.44 $594.00 $0.00
TOTAL DIV BY 4 for 2 BAYS ONLY
Material Subtotal $2,385.00
ACI Equipment Quan. Units x $ per Unit
Articulating lift (delivered/pickup incl) 3 wk 1154.00 $3,462.00 Fuel 1 ea 350.00 $350.00
$0.00
TOTAL DIV BY 2 for 2 BAYS ONLY
Equip Subtotal $1,906.00
$20,496.64
Subcontractor Total
Self Performed Markup (15%) $3,074.50
Sub Markup (5%) $0.00
Ins(3%) $707.13
TOTAL CO $24,278.27
Self Performed Total

QUOTATION BREAKDOWN

ALTEN CONSTRUCTION
Mobilize and install new 29ga galvanized corrugated metal panels at 2 bays of upper windows per Port of Richmond Provided Engineered detail and associated assembly materials per the attached sketch. Panels shall be installed at the interior of structure. See attached qualifications. 83 NORTH
SOUTH
EAST
WEST
Riggers Loft
Project:

Processing Building Window Protection
Location:
1311 Canal Blvd, Richmond, California
94804
Owner:

City of Richmond
Bid Request:
-West Elevation only:
1) Install Galvanzied Corrugated panels at
upper windows, mounted to interior of
structure. 2 bays only
2) Only applies to 2nd story windows (2 rows
of 6ft tall windows)
3) Remaining West,East,North,South
Elevations not requested at this time
84 (E) Corrugated Siding
(E) Windows
(E) Windows
(N) Corrugated Panel
(N) Corrugated Panel
(N) Sheet Metal Angle(typ)
(N) Fasteners (typ)
(E) I-Beam
(E) Channel
85 2qty BAYS
Bay 1
Bay 2
86 87
SCOPE NARRATIVE:

ACI is providing costs to install 2 bays of window barricades for a price of $24,279. The installaon of these inial 2 bays will be a ‘proof of concept’ on labor hours and eﬃciency. If all goes smoothly and there is no need to change materials or alter our means and methods, we believe the total cost to complete will not exceed $150,000. Work Duraon for the inial 2 bay installaon is esmated at 1.5 weeks (7.5 working days). The overall installaon (if all goes smoothly) is esmated to take a li+le over 3 weeks (15 working days).

Qualiﬁcaons:
-Scope only applied to 2 bays as outlined in proposal.
-Staging Area to be provided within 500 of building
-No exterior work of any kind
-No repair of exisng building or components (Windows, Glazing, structural members, piping, electrical, mechanical, ﬂashings, architectural features, etc)
-Due to the nature of the scope, no warranty of any kind will be provided -No maintenance of installaon will be provided
-Restrooms to be provided by Owner
-Work excludes any type of waterprooﬁng, damage of exisng materials, etc -Excludes painng of any kind, patching, etc
-Owner to provide Structural Engineer Stamped detail for construcon. -Work to be performed during normal business hours M-F 7:00am-5:00pm -Scope does not include any overme
-Security to be provided by Owner
-Access for workers and material deliveries to be provided by Owner -Owner to provide safe, clear and unobstructed access to the Work -Temp Power to be provided by Owner
-No Bond has been provided. ACI Can provide upon request and at an addional cost -ACI shall not be responsible for Owner Tenant Operaons (scheduling around work, access, etc) -100% Payment upon compleon of scope
-Net 30 Payment upon invoicing, proposal valid for 30 days

INDEMNIFICATION
Contractor’s Performance. To the fullest extent p ermi#ed by California law, Owner shall defend, indemnify and save harmless Contractor, including its oﬃcers, agents, employees, aﬃliates, parents, and subsidiaries, and each of them, of and from any and all claims, demands, causes acon, damages, cos ts, expenses, a#orneys’ fees, losses or liability, in law or in equity, of every kind and nature whatsoever (“Claims”) arising out of or in connecon with Contractor’s work to be performed under this Agreement for, but not limited to:
(a) Personal injury, including, but not limited to bodily injury, emoonal injury, sickness or disease, or death to any persons, caused or alleged to be caused in whole or in part by any act or omission of Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable; (b) damage to property of anyone (including loss of use thereof), caused or alleged to be caused in whole or in part by any act or omission of Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable; (c) penales imposed on account of the violaon of any law, order, citaon, rule, regulaon, standard, ordinance, or statue, caused by the acon or inacon of Contractor; and/or
(d) any violaon or infracon by Contractor of any law, order, citaon, rule, regulaon, standard, ordinance, or statute in any way relang to the occupaonal health or safety of employees.

The indemniﬁcaon provisions above shall extend to Claims occurring a5er this Agreement is terminated as well as while it is in force, and during and a5er performance of any work or operaons by Contractor.

Irrespecve of the scope of indemnity, at Owner's own cost, expense and risk, Owner shall defend all Claims as deﬁned herein that may be threatened, asserted, alleged, b rought, or instuted by third persons, including, but not limited to, governmental agencies or any individual, or individuals, against Contractor or its employees or any of them.

Irrespecve of the scope of indemnity, at Owner's own cost, expense and risk, Owner shall: (a) pay and sasfy any judgment or decree that may be rendered against Contractor or its agents or employees, or any of them, arising out of any such Claim; and/or (b) reimburse Contractor or its agents or employees for any and all legal expense incurred by any of them in connecon herewith or in enforcing the indemnity herein. Contractor shall have the right to approve the choice of legal counsel to defend its interests under this indemnity.
88 PROCESSING BUILDING WINDOW COVERING
Force Account Analyisis
By: R Stevens
Length 310 Date: 01.05.24
Height 6
West East Total
1860 1860 3720 SF
1860 1860 3720 SF
7440
Unit Rate Unit Units Total

41.88 $/EA 310 12,982.80 $

35.47 $/EA 310 10,995.70 $

14.93 $/EA 15 222.90 $
‐$
Materals Total 24,201.40$
Sales Tax 2,359.64$
Subtotal 26,561.04$
Production 40 panels/ hour 480 sf 16
Unit Rate Unit Total Hours Total

38.87 $/hr 124 4,819.88 $

38.87 $/hr 124 4,819.88 $
$/hr 124 ‐$
$/hr 124 ‐$
$/hr 124 ‐$
Subtotal 9,639.76$
Unit Rate Unit Total Hours Total

94.2 $/hr 124 11,680.80 $

65.76 $/hr 124 8,154.24 $

64.83 $/hr 149 9,646.70
$
Subtotal 72,678.38$
Summary
Item Unit Cost Markup
Materials 26,561$          30,545$
Equipment 9,640$            11,086$
Labor 72,678$          107,927$
Subtotal 149,558$
Laborer
Apprentice (3rd)
Labor
Foreman
Carpentar
Carpentar
Carpentar
Laborer
#10 Screws
Sissor Lift
Equipment
Sissor Lift
Upper Window
Lower Window
Material
29‐Gauge Metal
L Bracket
89 90

Page 1 of 3 ends

May 7, 2024

Economic Development
Port Division

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Nannette Beacham, Director of Economic Development
Charles Gerard, Port Director
Subject:

2024 Pavement Repair
FINANCIAL IMPACT: The proposed expenditure was approved in the Fiscal Year (FY) 2023-2024 Port Budget $150,000 Account
String: 40163080 400708 36012 and $365,000 Account
String: 40163080 400708 36009.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Port seeks to transfer funds between projects in its approved FY 2023-2024 budget as well as obtain
approval of a construction agreement to complete
improvements and maintenance at the Point Potrero
Marine Terminal.

RECOMMENDED ACTION: ADOPT a resolution allowing the transfer of $136,750 between projects in the Port’s Fiscal Year 2023-2024
Budget; and APPROVE a construction agreement with
W.R. Forde and Associates, Inc., in the amount of
$286,750, for improvements and maintenance at the
Point Potrero Marine Terminal, for a term ending June
30, 2025 – Economic Development Department
(Nannette Beacham/Charles Gerard 510-620-6792).

AGENDA
REPORT
91

Page 2 of 3 ends

May 7, 2024
DISCUSSION:

This project includes general maintenance of the Point Potrero Marine Terminal’s (PPMT) pavement, which occurs about every two years. The project will replace damaged pavement at the dock, vehicle parking areas, and along a segment of Canal Boulevard located within the terminal. In addition, the project caps a World War II era water main that has a slow leak.

In addition to maintenance work, the project will add several traffic calming features including asphalt berms, striping, signs, fences, gates, and speed bumps designed to slow vehicles along Canal Boulevard. The Port plans to strategically install new asphalt berms to reduce the potential for vehicles performing “side shows” and to provide additional protection for users of the San Francisco Bay Trail.

On March 14, 2024, the Port advertised the project for public bid through the City’s Bids Online system. On March 28, 2024, the Port received two proposals that included:

Contractor’s Name Location Bid Value
W.R. Forde Associates Inc. Richmond $286,750 ($272,412.50 with RBE Incentive)
QA Constructors Inc. San Francisco $276,530.00

W.R. Forde and Associates, Inc. is a contractor based in Richmond and according to the Richmond Municipal Code’s Section 2.50.070, they are to receive a five percent incentive. Thus, their bid has been reduced by five percent, which is lower than the proposal offered by QA Constructors.

In the Port’s fiscal year (FY) 2023-2024 budget, $150,000 was allocated for pavement maintenance under project number 36012. The proposed bid exceeds the budget by $136,750. The bid for the pavement repair work is within the $150,000 allowance.

However, the work associated with the water line capping and traffic calming features created the additional cost. Based upon community and tenant feedback, slowing vehicles within the terminal is of high importance. The Port requests to use a portion of the PPMT electrical and water metering’s budget (Project number 36009), which has an allocation in the amount of $365,000. The Port is evaluating metering options and is working with PG&E to complete an upgrade to the electrical system. The Port is prepared to procure a vendor to complete the metering project in FY 2024-2025.

Upon the staff’s review of the proposals, the lowest, responsive, and responsible bidder is W.R. Forde Associates Inc, whose bid is close to the Port’s estimated value of $279,000 to complete the work. Staff seek to award a construction agreement to W.R.

Forde.

Page 3 of 3 ends

May 7, 2024
ENVIRONMENTAL REVIEW:

As this is repair and maintenance work, the project is exempt from the California Environmental Quality Act.

DOCUMENTS ATTACHED:

Attachment 1 – PPMT 2024 Pavement Contract
Attachment 2 – Pavement Resolution

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CONSTRUCTION AGREEMENT

This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 2024, by and between the City of Richmond, a municipal corporation and charter city (“City”) and W.R. Forde Associates, Inc., a California Corporation (“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 14, 2024, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of pavement improvements and other maintenance activities, located at the Point Potrero Marine Terminal (the “Project”).

B. Contractor submitted the lowest responsive bid and has been determined to be responsible.

C. City now desires to contract with Contractor to furnish construction and related services for the Project.

NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:

ARTICLE I

CONSTRUCTION OF PROJECT

Section 1.1 Contract Documents.

Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and the two addenda issued prior to the deadline for submitting bids – Contractor’s Proposal as attached, and this Agreement, constitute the “Contract Documents.”

Section 1.2 Construction.

Section 1.3 Payments.

Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature 94 2
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.

(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 95 3
document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.

Section 1.6 Inspections.

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Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.

Section 1.7 Equal Opportunity.

Section 1.8 Working Hours.

Section 1.9 Insurance and Bond Requirements.

(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 97 5
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.

(c) 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.

Section 1.10 Security In Lieu of Retention.

Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION 98 6
This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."

For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:

(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner.

(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner .
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

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(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:

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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8 ________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature

Section 1.11 Senate Bill 854 Notice Requirements.

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.

ARTICLE II

DEFAULT AND REMEDIES

Section 2.1 Events of Default.

Each of the following shall constitute a "Default" by Contractor under this Agreement:

(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.

(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.
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9 (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.

Section 2.2 Remedies.

(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.

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.

ARTICLE III

GENERAL PROVISIONS

Section 3.1 Relationship of Parties.

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 “Force Account”. Cumulative Contractor & Subcontractor mark up for labor and material shall not exceed a total of 15% (15% GC mark upon labor and material for self-performed work and 5% mark up on subcontractor work and 10% subcontractor mark up for labor and material) and;

3. The amount of time to be adjusted in the schedule for performance, if any.

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11 (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.”

(c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.

(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.

(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor.

(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.

(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 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, 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 to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City’s decision shall be final and the limitations period for the filing of a claim shall commence upon the City’s issuance of its decision. If Contractor disagrees with City’s decision, or if Contractor contends that City failed to provide a timely decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor’s position as required herein.

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) 104
12 theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.

Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim.

(d) Administration After Claim Submittal.

2. 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.

3. After their submittal, claims less than $375,000 shall also be subject to Section 20104 of the Local Agency Public Construction Act.

(e) Compliance

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.

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13 (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, "Claims"), 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 Claims 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 Claims 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 Claims asserted after termination of this Agreement for whatever reason.

(b) In Claims against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.

Section 3.5 Non-Liability of City Officials, Employees and Agents.

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.

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14 (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.

(1) if intended for the City shall be addressed to:

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Charles Gerard

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:

W.R. Forde and Associates, Inc.
987 Hensley Street
Richmond, CA 94801
Attn: Donald J Russell

Section 3.9 Applicable Law.

Section 3.10 Parties Bound.
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15 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.

Section 3.12 Force Majeure.

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 108
16 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, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.

Section 3.16 Multiple Originals; Counterpart.

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: __________________________________

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17 CONTRACTOR:

W.R. Forde and Associates, Inc.

By: _________________________________

Name: _________________________________
Its: _________________________________

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18 CONTRACTOR’S COST PROPOSAL

Bid
Item Description Quantity Unit Unit Price Bid Total
101 Mobilization/ Demobilization 1 LS $13,000.00 $25,360 102 Pavement Repair 28,000 SF $5.00 $128,800
103 Remove Asphalt Berm 60 LF $25.00 $3,000
104 Install Asphalt Berm 600 LF $25.00 $27,000
105 Fill Vault 20 CY $285.00 $1,000
109 15' Swing Gate 2 EA $14,400.00 $12,000
110 20' Slide Gate 1 EA $7,000.00 $15,000
111 Chain Link Fence 30 LF $300.00 $2,400
112 R11-2 Sign On Gate 1 EA $350.00 $400
113 Type K-2 Object Marker 2 EA $350.00 $1,600
114 Warning Sign and Post 3 EA $1,100.00 $1,500
115 W1-8 Chevron on fence 3 EA $500.00 $1,200
116 Rapid Access Key Box 2 EA $700.00 $1,600
117 Speed Hump 3 EA $5,500.00 $6,600
118 Cap Water Pipeline 1 EA $2,500.00 $5,000
119 Accessible Ramp 1 LS $6,000.00 $6,500
120 Adjust Concrete Barriers Type
K 1 LS $4,500.00 $10,000
121 Supplemental Work 1 Allow $30,000.00 $30,000

Total Value: $286,750
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Reso. No. _____

Page 1 of 2 ends

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, TRANSFERRING FUNDS BETWEEN TWO PROJECTS IN THE CITY OF RICHMOND PORT DEPARTMENT’S APPROVED FISCAL YEAR 2023-24 BUDGET

WHEREAS, the City of Richmond’s Port Department seeks to complete Pavement Maintenance and other improvements at the Point Potrero Marine Terminal (PPMT); and

WHEREAS, these improvements exceed the budget as allocated under the Port’s project number 36012 as outlined in the 2023-2024 budget; and

WHEREAS, these improvements include capping of a water line and other traffic calming features necessary to maintain safe and orderly operations of PPMT; and

WHEREAS, the Port has a balance of $365,000 for installation of electrical and water meters at the PPMT listed as project number 36009; and

WHEREAS, the Port plans to complete the electrical and water meters in Fiscal Year 2024- 2025 after completing discussions with Pacific Gas and Electric.

NOW, THEREFORE, BE IT RESOLVED that $136,750 of project number 36009 shall be transferred to project number 36012 providing a total budget of $286,750 to complete Pavement Maintenance and other improvements at PPMT.

BE IT FURTHER RESOLVED that project number 36012 budget for water and electrical meeting shall be reduced to $228,250.

******************

***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on Mmmm dd, yyyy, by the following vote:

AYES: AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

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Reso. No. _____

Page 2 of 2 ends

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

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

_______________________________________
Pamela Christian, Clerk of the City of Richmond
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May 7, 2024

Economic Development

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Nannette Beacham, Director of Economic Development
Winifred Day, Arts & Culture Manager

Subject:

Cal Trans Beautification Grant Mural Project
FINANCIAL IMPACT: The CAL Trans Beautification Grant is managed by the Community Services Division. The $310,000 Public Art
contract is managed by the Arts and Culture Division
(15436431-400708-23031).

PREVIOUS COUNCIL
ACTION:

October 18, 2022

STATEMENT OF THE
ISSUE:

The Sole-Source $310,000 CAL Trans Beautification
Grant art contract will expire on December 31, 2024, and will be managed by Rebeca Garcia-Gonzalez who will
work with a team of painters that includes John Wehrle
and Jerarde Gutierrez. The scope includes designing two new murals and restoring two graffiti tagged murals.

RECOMMENDED ACTION:

APPROVE a sole-source art contract with Rebecca
Garcia-Gonzalez, in an amount not to exceed $310,000,
to implement the Richmond Art and Lighting Project,
funded by the Caltrans Beautification Grant, to restore two existing murals and design and install two new
murals, with a term beginning March 5, 2024, through
December 31, 2024 – Economic Development
Department (Winifred Day 510-620-6952).

AGENDA
REPORT
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Page 2 of 2 ends

May 7, 2024

DISCUSSION:

Richmond Art and Lighting Project consists of beautification and safety projects to enhance local street under crossings and one overcrossing in the City of Richmond.

The locations are Macdonald, Barrett, and San Pablo Avenues under crossings on Route 80 and Harbor Way overcrossing on Route 580. The project will install pedestrian scale lighting to brighten the pedestrian experience and artwork to help enliven the space for the community.

Route 80 is an eight-lane freeway that transects the city of Richmond. The width of the structure leaves the sidewalk dark even during daylight hours. The pedestrian experience will be transformed through art and lighting. The artwork will significantly brighten the underpass locations, both physically and emotionally, by adding color to a drab space. It will also help reduce graffiti by enlivening these spaces and providing less blank canvas for taggers.

On October 30, 2021, City of Richmond staff submitted the proposal for the Richmond Art and Lighting Project. On September 23, 2022, the City was provided the notification of the grant award. The Co-Op agreement was fully executed on January 30, 2023.

The project must be completed by December 31, 2024.

In 1991, John Wehrle was commissioned by the City of Richmond to paint “Revisionist History of San Pablo” mural under I-80 at San Pablo Avenue and in 1993, he was commissioned to paint “Macdonald Avenue Gateway (PastPerfect)” mural under I-80 at Macdonald Avenue. Over 26 years, a number of graffiti incidents have occurred. As an Octogenarian, John will work advising professional artists to clean and restore the two graffiti-tagged murals and to design and paint two new murals located across from the two existing murals. Rebeca Gonzalez will serve as the Project Manager, and will sub- contract artists to assist her. John Werhle will serve as an advisor on this project.

Caltrans Beautification Grant, under the Community Services Division, is the source of funding for these two mural restorations and two new mural projects.

The delay in presenting the contract approval stems from its initial intention to involve the City and the original artist. However, unforeseen circumstances arose, prompting the original artist's withdrawal from the agreement. Consequently, City staff had to swiftly identify an alternative vendor to assume responsibility for overseeing the project.

DOCUMENTS ATTACHED:

Attachment 1 – Sole-Source Vendor Form with Scope of Services Attachment 2 – Art Mural Contract
Attachment 3 – Caltrans Concept Design

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CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

135

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
136
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

137
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 138
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

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EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 140
General Conditions/EJ/TE 01-19-11 2 of 13

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 141
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 142
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 143
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.

(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 145
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

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

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 146
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 147
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 148
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City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

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

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 150
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

151
General Conditions/EJ/TE 01-19-11 13 of 13

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 152
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

153
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

154
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

Required Coverage

Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

155
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

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

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

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

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

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

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement

Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 156
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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

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

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
157
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

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

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

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

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

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

Cancellation

CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

158

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
Exhibit G
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TRANSPORTATION ART / COMMUNITY IDENTIFICATION PROPOSAL
INSTRUCTIONS - Preliminary Request
• Complete the Transportation Art Proposal Cover Sheet and submit along with other documents required for the Preliminary Request to the District Transportation Art Coordinator.

Enter information in gray text fields, picture content boxes and check boxes as instructed. • Applicants must be a local public agency. The local public agency may be a city, county, incorporated town, tribal government, or non-federally recognized tribe representing the area in which the transportation art or community identification will be installed. The proposal must be completed in its entirety and signed by an official who is authorized by the local public agency to commit the required resources for the funding, installation, and maintenance of the proposed project.
• Describe the specific location for the proposed transportation art or community identification. Provide electronic copies of location map or an aerial photograph, as well as photographs that depict existing site conditions of the location.
• Provide a brief description of the proposed transportation art or community identification. Include drawings, sketches, and photographic simulations of a sufficient size and resolution to adequately demonstrate overall composition of the proposed transportation art or community identification in context with the proposed location. Additional information may be requested by the District Transportation Art Coordinator (DTAC) to adequately evaluate the suitability for installation on or within the State right-of-way. • All transportation art or community identification with an art component will require a Copyright License and Moral Rights Waiver in the Artwork Agreement (CLAW). A link to the blank template of the CLAW can be found under the "Copyright License and Waiver of Moral Rights in the Artwork Agreement" section, elsewhere in this proposal.
• All Transportation Art/Community Identification proposals will require a fully executed Local Agency/Artist Agreement (LAA). Provide a copy of the draft Local Agency/Artist Agreement (LAA) with the requisite terms prior to its execution.
• Place letter title and description of attachment at the top left corner of the first page (i.e. - "Attachment A - Location Map")
Exhibit H
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TRANSPORTATION ART / COMMUNITY IDENTIFICATION PROPOSAL
CHECKLIST - Preliminary Request

Include the following information with the Conceptual Transportation Art/Community Identification Request:
• Cover Sheet
• Checklist - Preliminary Request
• Preliminary Request and Attachments:

Attachment- Location/Aerial Map
Attachment- Preliminary Transportation Art/Community Identification Description Attachment- Draft Local Agency/Artist Agreement with the required terms (if available)

• = Required Documents

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TRANSPORTATION ART / COMMUNITY IDENTIFICATION PROPOSAL

PRELIMINARY REQUEST

(Add text and images or enter "SEE ATTACMENT - xx" or "N/A" if "Not applicable")

• LOCATION MAP:

Provide a map or satellite map (i.e., Google Earth image) and indicate proposed Transportation Art/Community Identification location.

• Transportation Art/Community Identification Description:

Provide a brief written description of the proposal, including a description of existing site conditions, and proposed imagery of the final Transportation Art/Community Identification. If proposal is Community Identification, provide the proposed text to be included.

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Revised (08-15-2023)

NOTE: Transportation Art/Community Identification located on existing State -owned concrete structures will be allowed for non- load bearing members first, such as wingwalls abutments , sound walls , etc . Load bearing structures such as columns, piers, bridge soffits, girders, etc., may be proposed but will require approval from the Caltrans Office of Structure Maintenance and Investigation (SMI).

Transportation Art or Community Identification proposed on steel structures is prohibited, unless approved by SMI.

• Draft Local Agency/Artist Agreement or Contract:

If available, provide a copy of the draft agreement(s) between the public agency and the artist(s) pertaining to but not limited to the design, installation, operation, maintenance, and/or removal of the T ransportation Art/Community Identification. The Local Agency/Artist agreement (LAA) must include, without conflicting terms, language regarding ownership of the artwork by Caltrans and that Caltrans shall have license to make certain noncommercial uses of the [Artwork]. See the section " Copyright License and Waver of Moral Rights in the Artwork" elsewhere in this TAP for the requisite terms to be included.

If the Local Agency/Artist agreement (LAA) has already been executed with the Artist, provide the executed Local Agency agreement and either a proposed or executed amendment to the Local Agency agreement that includes the above provision and removes any conflicting terms.

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TRANSPORTATION ART / COMMUNITY IDENTIFICATION PROPOSAL
INSTRUCTIONS - Proposal

• When conditional approval of the Preliminary Request is provided by the District Transportation Art Coordinator (DTAC), continue with the remaining Transportation Art Proposal (TAP) requirements following these instructions. Enter information in gray text fields, picture content boxes and check boxes as instructed. • Complete guidance for Transportation Art/Community Identification Program and requirements for preparing the TAP can be found at Transportation Art Guidelines. • Submit a copy of the preliminary TAP for review to the DTAC. The TAP must include resolution, support documents, drawings, sketches, and photographic simulations of sufficient size and resolution to demonstrate the overall composition of the proposed Transportation Art/Community Identification in context with the proposed location. Keep maximum size of all submitted files under 20MB, or they may not be received.

Additional information may be requested by the DTAC to adequately evaluate the suitability for installation on or within the State right-of-way.
• Place letter title and/or description of all attachments at the top left corner of the first page (i.e. - "Attachment A - Resolution and Community Support" or "Location Map") • Include a completed draft of Copyright License and Moral Rights Waiver in the Arts Agreement (CLAW), along with the required exhibits, including a copy of the Local Agency/Artist Agreement (LAA) with the requisite term s, for review. DO NOT SIGN - The DTAC will use this information to complete the CLAW and will send it to the Local Agency and artist for final review and signature. • Include a completed draft of the Transportation Art Maintenance Agreement (TAMA) along with the required exhibits for review. Contact the DTAC to coordinate with the District Maintenance Agreements Office if there are any proposed changes to the TAMA. DO NOT SIGN - The DMAC will use this information to complete the TAMA and will send it to the Local Agency final review and signature • Address all comments from the Transportation Art/Community Identification Proposal submittal, the CLAW and the TAMA. Once the final TAP and agreements are all completed, the DTAC and DMAC will prepare the final documents as Adobe PDF files for e-Signature by the Local Agency and artist. • DO NOT SIGN the TAP Applicant Certification until the DTAC verifies all information in the TAP is complete and for e-Signature.
• When the complete TAP and TAMA are finalized and approved, submit a copy of each and the Caltrans Encroachment Permit Application to the Caltrans District Encroachment Permit Office (CDEPO) for processing.

Provide any additional information and clearances requested by the Permits Office before approval of the encroachment permit. Please see Encroachment Permit submittal requirements at - Caltrans - Encroachment Permits.

An encroachment permit will not be issued until the final TAP, CLAW and TAMA are signed and approved.

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TRANSPORTATION ART / COMMUNITY IDENTIFICATION PROPOSAL

COVER SHEET

LOCAL PUBLIC AGENCY SPONSOR

STAND ALONE PROJECT
ASSOCIATED WITH A PROJECT (PROJECT No.: )
(Check applicable box)
OFFICIAL PROJECT NAME (ARTWORK NAME):

LOCATION (CITY): (COUNTY):

ROUTE No.: POST MILE: BRIDGE No.: CROSS STREET:
(Contact Caltrans District Art Coordinator to provide post mile and Bridge No. information)

PUBLIC AGENCY RESPONSIBLE CONTACT
NAME:

TITLE:

ADDRESS:

TELEPHONE: EMAIL:

NATURE OF ARTWORK

MURAL (PAINTING)

STATUE OR SCULPTURE
MOSAIC

LIGHTING
OTHER (Explain)
(Check applicable box)

PROPOSED INSTALLATION DATE:

PERMANENT INSTALLATION
(Maximum life span before renewal or restoration
work is needed - )

TEMPORARY INSTALLATION
(Removal Date):
(Caltrans Office Use)
PERMIT ENGINEERING EVALUATION REPORT (PEER) REQUIRED: YES NO (If "Yes,” see Attachment K)

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TRANSPORTATION ART / COMMUNITY IDENTIFICATION PROPOSAL

APPLICANT CERTIFICATION
(Insert local public agency sponsor name in gray fields where required) I certify that the approves of the proposed transportation art or community identification project and is the responsible public agency representing the community where the transportation art or community identification will be installed. The will adhere to and remain in compliance with Caltrans' Project Development Procedures Manual guidelines and all other related rules and restrictions Caltrans may apply to the Transportation Art or Community Identification project, including:
• All costs associated with the design, engineering, testing, construction, and installation of the proposed Transportation Art/Community Identification, including labor, materials, supplies, and traffic control, maintenance, and removal shall be borne by the applicant. • Obtaining and documenting local community support and acceptance for the T ransportation Art/Community Identification project.
• Executing Transportation Art M aintenance Agreement ( TAMA) with Caltrans detailing the regular maintenance and repair tasks of the Transportation Art/Community Identification, including potential removal at the end of its projected lifespan, or when requested by Caltrans, and returning the site to a condition as good as or better than at the start of the project. • Providing a Local Agency Agreement (LAA) containing indemnification language acceptable to Caltrans, between the and the artist(s).
• Providing the name(s) and current contact information of each responsible person who will be working within the State right- of-way to install, maintain, rehabilitate, or remove the Transportation Art/Community Identification.

By signing below, I confirm that I have the authority to act as the binding signatory for the and that the statements above are true to the best of my knowledge.

SIGNATURE: DATE:

PRINT NAME: TITLE:

TRANSPORTATION ART PROPOSAL APPROVAL
SIGNATURE:

PRINT NAME: Title: DATE:

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TRANSPORTATION ART / COMMUNITY IDENTIFICATION PROPOSAL

PROPOSAL CHECKLIST

Please prepare the Transportation Art / Community Identification Proposal as follows:
• Cover Sheet
• Applicant Certification
• Checklist - Proposal
• Proposal and Attachments:

Attachment A - Public Agency Resolution and Documentation of Community Support Attachment B - Images of Existing Location and Proposed Artwork Attachment C - Artists' Resume´
Attachment D - Cost Estimate & Breakdown
Attachment E - Construction Schedule
Attachment F - Materials Data and Safety Sheets
Attachment G - Traffic Management/ Control Plan
Attachment H - Water Pollution Control Plan
Attachment I - Environmental Document
Attachment J - Railroad Clearance (when required)
Attachment K - Project Engineer Evaluation Report (PEER) (when required) (Add attachments L and N as needed, e.g., "Engineering Calculations." Include description of attachment)
Attachment L -
Attachment M -
Attachment N -

• Copyright License and Moral Rights Waiver in the Arts (CLAW), including:

Exhibit A - Description of Artwork
Exhibit B - Executed Local Agency Agreement (LAA) with required terms

• Transportation Art Maintenance Agreement (TAMA), including:

Location Map
Proof of Insurance
Operations and Maintenance Manual (for artwork that is engineered or includes lighting, or when requested by the district transportation art coordinator) • = Required Documents

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TRANSPORTATION ART / COMMUNITY IDENTIFICATION PROPOSAL

PROPOSAL

• Transportation Art Proposal:

A Transportation Art Proposal (TAP) is submitted by the public agency that has jurisdiction over the area where the Transportation ART/Community Identification will be installed . Public agencies should contact the Caltrans District Transportation Art Coordinator (DTAC) to develop the final qualified TAP for submittal to the District Director for approval. Transportation Art/Community Identification included as part of a capital improvement project will be reviewed and approved through the Caltrans project development process, and as directed by these guidelines

Transportation Art/ Community Identification proposals must consist of plans, specifications, artist renderings, and other required documents that are prepared by the artist, designer, licensed landscape architect, architect, or professional engineer and include the following:
(Attached required documents. Enter "SEE ATTACHED" or "N/A" if "Not applicable", where indicated to enter text)

• ARTWORK: (Description of the proposed T ransportation Art/Community Identification, including a model or scaled plans, elevations, sections, details, and other information necessary to convey location, view from all sides, materials, and construction or installation methods.)

Community Name (If Community Identification Proposal):

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Describe the proposed artwork and color scheme, paint, and protective materials, etc.

(If proposed Transportation Art/Community Identification involves lighting, provide written description of proposed lighting, including any plans, details or specifications stamped by a licensed electrical engineer.)

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• Attachments:

Furnish the following attachments as need for the transportation art proposal. Check all that apply.

ATTACHMENT A - RESOLUTION and PUBLIC ENGAGEMENT ( Documentation of local community support for the art proposal. Describe decision process and method for providing fair opportunity to express opposition or support to reach consensus)
(Provide a copy of local public agency Adopted Resolution or another official document)

ATTACHMENT B - IMAGES (EXISITNG CONDITIONS & PROPOSED ARTWORK): (Show images of aerial and ground view of existing site location before and after artwork is installed.)

ATTACHMENT C - ARTIST'S RESUME: ( Description and documentation of the artist’s work and background)

ATTACHMENT D - COST ESTIMATE: (Proposed cost estimate and cost breakdown.)

ATTACHMENT E - CONSTRUCTION / INSTALLATION SCHEDULE: (Include tentative start and end date, and construction duration.)

ATTACHMENT F - MATERIAL DATA AND SAFETY SHEETS ( Provide data sheets for all material to be used in the construction of the Transportation Art/Community Identification.)

ATTACHMENT G - TRAFFIC MANAGEMENT/CONTROL PLANS: (Briefly describe the plan/method for closing streets and sidewalks if necessary. Include detour plans, specifications, lane closure charts and tables indicating closure times for each day of the week, stamped by a licensed engineer. Include cost estimate for this work in Attachment C.)

ATTACHMENT H - WATER POLLUTION CONTROL PLAN: (Include drawings and specifications stamped by a licensed engineer. Include cost estimate for this work in Attachment C.)

ATTACHMENT I - ENVIRONMENTAL DOCUMENT (Provide Environmental clearance document.)

ATTACHMENT J - RAILROAD CLEARANCE: ( Provide railroad clearance documents if proposed Transportation Art/Community Identification is within 25 feet of railroad right of way.)

ATTACHMENT K - PERMIT ENGINEER EVALUATION REPORT (PEER): ( When required by the Caltrans District Transportation Art Coordinator, provide PEER describing and justifying nonstandard design or construction. The PEER must be stamped by a licensed engineer.)

(Add attachments L through N as needed. Include description of attachment)

ATTACHMENT L -

ATTACHMENT M -

ATTACHMENT N -

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TRANSPORTATION ART / COMMUNITY IDENTIFICATION PROPOSAL

COPYRIGHT LICENSE AND WAIVER OF MORAL RIGHTS IN THE ARTWORK (Provide a copy of executed CLAW as a separate attachment, along with Exhibits A & B)

• Copyright License and Waiver or Moral Rights in the Artwork Agreement (CLAW):

Transportation art or community identification located within State highway right of way is a benefit to the people of California and will become property of the State. Prior to installation of the approved Transportation Art/Community Identification, the artist(s) and the local public agency must provide an executed Copyright License and Waiver of Moral Rights in the Artwork agreement (CLAW), containing terms and conditions approved by Caltrans.

The agreement will allow the artist(s) to maintain the copyright of the artwork, while Caltrans shall own the title of the artwork as well as license to make certain, noncommercial uses of the artwork.

The final executed Copyright License and Waiver of Moral Rights in the Artwork (CLAW) agreement must include the following:

EXHIBIT A - ARTWORK:

Final artwork name: The described in the Copyright License and Moral Rights Waiver in the Artwork (CLAW), is incorporated by reference, and includes the following items:
• Written description of artwork, inspiration, location, and materials used • All preliminary drawings, concept sketches, illustrations, photographs, renderings, photo simulations and any other visual media created in the development of the final proposed artwork • Engineering plans, drawings, details, specifications, studies, and calculations used in the development of the final proposed artwork (when required)

Estimated Completion Date:

EXHIBIT B - LOCAL AGREEMENTS:

Provide a copy of all agreements between the public agency and the artist(s) pertaining to but not limited to the design, installation, operation, maintenance, and/or removal of the transportation art. The signed and executed Local Agency Agreement, including all the exhibits to the Local Agency Agreement . The Local Agency/Artist Agreement (LAA) must include, without conflicting terms, the following language:
[Artist] hereby agrees that title to [the Artwork] shall be owned by Caltrans and Caltrans shall have a license to make certain noncommercial uses of [the Artwork]. [Artist] acknowledges that by signing and executing the Caltrans Copyright License and Waiver of Moral Rights in Artwork agreement, which is hereby incorporated by reference and made part of this Agreement as Exhibit [__], Artist has conveyed or will convey title in [the Artwork] to Caltrans, has waived or will waive any and all moral rights to [the Artwork], and has granted or will grant Caltrans a nonexclusive, perpetual, irrevocable, royalty-free, world-wide, sublicensable license to [the Artwork].

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TRANSPORTATION ART / COMMUNITY IDENTIFICATION PROPOSAL

TRANSPORTATION ART MAINTENANCE AGREEMENT
(Caltrans will provide a draft Transportation Art Maintenance Agreement template for this section during preliminary review. Separately attach the final signed Transportation Art Maintenance Agreement before submitting the Encroachment Permit application)

• Transportation Art Maintenance Agreement (TAMA):

Prior to the issuance of the Transportation Art Maintenance Agreement (TAMA), provide a brief description of the long-term maintenance plan and schedule. Discuss regular cleaning, graffiti removal, damage repair, removal of art (if necessary), and other work as required.
(This information will be used in preparation of the final TAMA by Caltrans and provided to you for signature)

Note - For art proposal with painted murals on concrete surfaces, the t ypical expected lifespan is approximately 25 to 32 years, depending on local materials use, application method, and environmental factors. Please include as part of the maintenance plan, a description for either restoring or removing the artwork after this period. If the proposal includes lighting, describe method of removal if the lighting can no longer be maintained.

1. Provide an aerial map/satellite view of proposal location as ATTACHMENT A to the TAMA.

2. Provide a copy of the Certificate of Insurance as ATTACHMENT B to the TAMA.

3. Attach a copy of the draft Maintenance Plan or Operations and Maintenance Manual (OMM) as ATTACHMENT C to the TAMA for the completed Transportation Art /Community Identification. D escribe method and materials for cleaning, graffiti removal, anti-graffiti coating application, damage repair and restoration, and any additional operation instructions or special needs for features such as lighting or other engineered feature . The OMM should also provide instruction for removal of the Transportation Art /Community Identification, for if/when removal becomes necessary.

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29-78 05/24/2018A Project Development Procedures Manual SECTION 9 Transportation Art
ARTICLE 1 General Procedure
Caltrans recognizes the effects of transportation facilities on local communities and encourages integrating these facilities with their surroundings to enhance and reflect the aesthetic, environmental, scenic, and cultural values of the affected community.

Caltrans supports enriching the cultural and visual environment by facilitating placement of transportation art within the State highway right-of-way.

Transportation art includes graphic or sculptural artwork, either freestanding or placed upon a required engineered transportation feature (such as a noise barrier, retaining wall, bridge, bridge abutment, bridge rail, or slope paving) that expresses unique attributes of a community’s history, resources, or character.

Transportation art is proposed, provided, installed, maintained, and removed or restored by the public agency representing the area in which the art will be installed.

The public agency may be a city, county, incorporated town, tribal government or non-federally recognized tribe.

Transportation art, community identification, and gateway monuments compare and contrast as follows:

Figure 29-4 Transportation Art, Community Identification, and Gateway Monuments

May
Include
Text
May Include
Graphic
Images
Freestanding
Structure
or Sign
Integrated With or
Placed Upon a
Required Engineered
Transportation
Feature
Transportation
Art
No Yes Freestanding or
Integrated
Freestanding or
Integrated
Community
Identification
Yes Yes No Yes
Gateway
Monuments
Yes Yes Yes No
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Authority for Caltrans to control encroachments within the State highway right-of- way and thus transportation art, is contained in the California Streets and Highways Code, Chapter 3.

Intellectual Property Rights - Copyright Ownership of
Transportation Art
Transportation art located within Caltrans’ right-of-way is a benefit to the people of California and will become property of the State. Prior to the installation or placement of the approved transportation art, the artist(s) and public agency must provide Caltrans with an executed and notarized copyright assignment and transfer agreement containing terms and conditions approved by Caltrans. The copyright assignment and transfer agreement assigns, transfers, and conveys the artist’s entire rights, title and interest in and to the approved transportation art to Caltrans, including but not limited to, the artist’s common law and federal law copyright ownership rights to the approved transportation art.

Artist Disclaimer Statement
The artist must place a disclaimer statement in a conspicuous manner on or in close proximity to the artwork and will not be considered to be “text.” The disclaimer statement must state that the contents of the artwork solely reflect the views of the artist and do not reflect the official views or policies of Caltrans or the Federal Highway Administration.

Sponsor Recognition
Transportation art may include sponsor recognition such as the name, identifying logo, or symbol of the artist, public agency, and/or financial sponsor(s). The sponsor recognition should be unobtrusive, discreet, and not appear to be an integral part of the artwork. The sponsor recognition may be placed on or adjacent to the transportation art and will not be considered to be “text.” Caltrans retains sole discretion for determining the appropriate size, content, colors, and other elements of this recognition. Sponsor recognition must be provided and maintained by the public agency.
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The sponsor recognition must include a disclaimer statement that Caltrans does not endorse the sponsor’s products and/or services and that the sponsor’s name only appear as a reference as the source of sponsorship. This disclaimer must be placed in a conspicuous manner adjacent to the sponsor’s name and will not be considered to be “text.”
Placement
Transportation art may be either freestanding, or placed upon/integrated with a required engineered transportation feature such as a noise barrier, retaining wall, bridge, bridge abutment, bridge railing, or paved slope.

Freestanding transportation art within the State right-of-way must be placed as far as practical from the traveled way or edge of roadway, while still remaining visible. The proposed location for all transportation art must be reviewed by Caltrans for safety and environmental considerations prior to approval.

Transportation art that is freestanding is considered to be a discretionary fixed object.

See Highway Design Manual
Topic 309 – Clearances, for the minimum required
horizontal clearances for transportation art.

Transportation Art Requirements
Proposed transportation art must:
• include graphics or sculptural artwork that expresses unique attributes of an area’s history, resources, or character.
• be a freestanding structure or sign, or integrated with or placed upon a required engineered transportation feature.
• not make use of or simulate colors or combinations of colors usually reserved for official traffic control devices described in the California Manual on Uniform Traffic Control Devices.
• not create a distraction to transportation system users. For example, it should be large enough to interpret at highway speed, but not be so large that it demands attention from the motorist.
• not include illumination (such as blinking or intermittent lights) that impairs the vision of or distracts transportation system users. Other lighting may be permitted. Lighting may be allowed on existing structures only when approved by Headquarters Division of Maintenance-Structure Maintenance and Investigations.
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• be appropriate to its proposed setting.
• be in proper scale with its surroundings.
• be composed of materials that are durable for the projected lifespan. • be fully funded for design, installation, maintenance, restoration, and removal by others for its projected lifespan.
• conform to provisions of the California Outdoor Advertising Act. • not imitate, obscure, or interfere with traffic control devices. • not interfere with airspace above the roadway.
• not be placed within State highway right-of-way upon trees, rocks or other natural features.
• not adversely affect existing structures, drainage patterns or stormwater runoff quality, landscaping, natural vegetation.
• not include reflective or glaring surface finishes.
• not include moving elements (kinetic art) or simulate movement. • not restrict sight distance.
• not display symbols or icons such as flags, logos, or commercial symbols, except as allowed in Sub-article “Sponsor Recognition.” • not display text.
• be designed to minimize ongoing maintenance needs. Caltrans-approved protective graffiti coatings may be required if appropriate. • be consistent with Headquarters Division of Maintenance-Structure Maintenance and Investigations inspection requirements, including the following:
 Paint used on structures should not fill or obscure cracks. Latex or other flexible type paints may be used on concrete structures only with written permission from the Headquarters Division of Maintenance-Structure Maintenance and Investigations.
 Painting of steel structures will only be permitted with written permission from the Headquarters Division of Maintenance-Structure Maintenance and Investigations.
 Painted art on concrete structures should avoid load-carrying, stress- bearing structural members, including, but not limited to bridge girders, soffits, columns, and piers. Wing walls and abutments are preferred locations for painted art.
 Artwork must not impair the necessary inspection of bridges, retaining walls, and other structures.
 To facilitate Caltrans’ inspection access to structures, mural art may be placed on removable panels.
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29-82 05/24/2018A Project Development Procedures Manual  Chipping, blasting, or in any way modifying existing concrete surfaces is prohibited, unless required for inspection by Headquarters Division of Maintenance-Structure Maintenance and Investigations.

Additional guidance for placing transportation art on highway bridge structures is available from Headquarters Division of Engineering Services-Structure Design, Office of Transportation Architecture.

ARTICLE 2 Responsibilities
Administrative Responsibilities
Headquarters
The Headquarters Division of Design-Landscape Architecture Program Deputy Division Chief:
• appoints a Headquarters Transportation Art Coordinator. • maintains and disseminates policy and procedures for the Transportation Art Program.
• monitors district performance and provides quality assurance of program guidelines.
• reviews proposals for conformance with policy and for statewide consistency.

The Division of Traffic Operations, Office of Encroachment Permits & Engineering Support Chief:
• develops forms and special provisions for the Transportation Art Program. • maintains and clarifies encroachment permit policies and procedures.

The Division of Engineering Services-Structure Design, Office of Transportation Architecture and Division of Maintenance-Structure Maintenance and Investigations:
• maintain guidelines for structural and architectural design and structure maintenance to facilitate the placement of transportation art on highway bridge structures.
• approve any exceptions to the guidelines for structural and architectural design and structure maintenance.
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The District Director:
• administers the transportation art program in accordance with these guidelines. • designates a district transportation art coordinator. • approves qualified final transportation art proposals.

The district transportation art coordinator:
• acts as the single focal point to qualify, process, and evaluate transportation art submittals by public agencies.
• facilitates and coordinates the placement of authorized transportation art within the transportation right-of-way.
• notifies the Headquarters Transportation Art Coordinator of permit approval and construction completion.
• prepares annual summary reports and submits them to the Headquarters Division of Design-Landscape Architecture Program Deputy Division Chief. • reviews transportation art proposals for:
 documented public acceptance.
 compliance with State and federal regulations and Caltrans’ guidance.  adequately planned and resourced maintenance of the transportation art by the public agency.
 safety and liability issues for Caltrans, the public agency, and the public. • submits final transportation art proposals to the Headquarters Division of Design-Landscape Architecture Program Deputy Division Chief.

The district permit engineer:
• forwards the qualified final submittal to the Headquarters Division of Design, Office of Project Support, to obtain written approval from FHWA if the proposal is on an Interstate highway.
• ensures a maintenance agreement has been executed prior to issuance of the encroachment permit.
• ensures a copyright assignment and transfer agreement is executed prior to issuance of the encroachment permit.
• issues the encroachment permit to the public agency.
• monitors and enforces permit and maintenance agreement requirements for the maintenance, restoration, or removal of transportation art. • inspects the transportation art construction.
• notifies the district transportation art coordinator of permit approval and construction completion.
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Transportation art is solely funded by the public agency. All costs for proposed transportation art design, construction, access for maintenance, maintenance, and removal, if required, shall be the responsibility of the public agency and stipulated in detail in the preliminary and final transportation art submittals.

Caltrans assumes the administrative costs associated with reviewing transportation art proposals, and developing, issuing, and monitoring the encroachment permit and maintenance agreement for approved transportation art projects. All other costs, including labor, materials, supplies, and traffic control (if required) for design, engineering, testing, construction, installation, maintenance, restoration, and removal of the transportation art shall be the responsibility of the public agency.

Caltrans may require the public agency to provide bonds or other means to ensure maintenance, restoration, and removal of the transportation art.

Maintenance Responsibilities
Transportation art must be kept clean, free of graffiti, and in good repair. The public agency must provide regularly scheduled maintenance as described in the maintenance agreement for its projected lifespan, including graffiti removal and restoration work necessary to maintain the integrity of the transportation art. Graffiti removal shall conform to Caltrans’ policies and guidelines, which require prompt removal of offensive messages and timely removal of all other graffiti. Caltrans graffiti removal policy is described in Deputy Directive DD-39-R1 – Graffiti Prevention and Removal and Volume 1, Chapter D1 of the Maintenance Manual .

A maintenance agreement for the care and upkeep of the transportation art by the public agency must be executed between the public agency and Caltrans.

Maintenance shall be performed by the public agency as stipulated in the agreement.

Worker access to perform maintenance required by transportation art should be from outside the highway right-of-way whenever possible.

Caltrans will not provide maintenance of transportation art, but may perform maintenance activities in the area, such as litter pickup and other activities associated with normal transportation facility maintenance. Any maintenance activities required adjacent to the transportation art that are over and above what Caltrans would normally provide must be described in the encroachment permit, maintenance 179
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If the public agency fails to maintain the transportation art as provided in the maintenance agreement, Caltrans may perform the maintenance at the public agency’s expense, or direct the public agency to remove the transportation art at the public agency’s expense.

When notified by Caltrans, the public agency shall remove any transportation art that creates a maintenance or operational concern. If the public agency does not remove the transportation art in a timely manner, Caltrans may remove the transportation art and bill the public agency for the costs involved.

Caltrans reserves the right to immediately remove or alter transportation art due to emergency, construction, restoration, or other necessary activities affecting the transportation facility.

ARTICLE 3 Project Development Process
Processing Transportation Art Proposals
A transportation art proposal is developed by the public agency, as described in Article 1 “General Procedure,” that has jurisdiction over the area where the transportation art will be placed. Public agencies should contact the Caltrans district transportation art coordinator to develop a qualified final proposal for submittal to the District Director for approval, and then processed as an encroachment permit.

Transportation art included as part of a capital improvement project, will be reviewed and approved through Caltrans project development process, and as directed within these guidelines.

Preliminary Proposal Review
Public agencies seeking approval of transportation art must first submit a preliminary proposal to the Caltrans district transportation art coordinator. The coordinator reviews the preliminary proposal for safety, aesthetics, maintenance accessibility, message, and proper fit within the context of the transportation corridor. The preliminary proposal will be returned to the public agency for revision if Caltrans recommends changes at any time before final approval.
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29-86 05/24/2018A Project Development Procedures Manual Preliminary proposals must consist of plans, specifications, artist renderings, and other necessary documents prepared by a licensed landscape architect, architect, professional engineer, or artist, as appropriate and include:
• A written evaluation of alternate locations outside the highway right-of-way for proposed freestanding transportation art
• A resumé of the artist’s work and background
• A full description of the proposed transportation art, including a model or scaled plans, elevations, sections and details necessary to convey location, view from all sides, materials, and construction or installation methods.

Caltrans may furnish site data as required
• Plans and details stamped by a licensed engineer if the proposal includes freestanding art, new structures, or modification of existing Caltrans’ structures
• Proposed location, showing existing topography, and dimensions and offsets to right-of-way lines, edge of pavement, centerline, and the clear recovery zone
• Proposed color scheme, paint or stain materials, or protective coatings • Required environmental documentation
• Material safety data sheet for proposed materials
• Proposed lighting
• Specifications
• Proposed traffic control plans and specifications
• Proposed cost estimate
• Proposed construction schedule
• Projected lifespan
• Proposed maintenance access plan
• Preliminary maintenance agreement, including maintenance schedule After receiving the preliminary proposal, the district transportation art coordinator reviews the submittal for compliance with safety requirements (clear recovery zone setback, visibility, maintenance access, and highway operations), and compatibility with transportation corridor character and aesthetics. The district transportation art coordinator may advise the public agency of constraints or other concerns, solicit additional documentation or exhibits, or may request changes to the scope of work.

The public agency must address all comments, make appropriate revisions, and resubmit the proposal to the district transportation art coordinator for review as a qualified preliminary proposal.
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Project Development Procedures Manual 05/24/2018A 29-87 Upon acceptance of a qualified preliminary proposal, the district transportation art coordinator circulates the proposal for evaluation of potential conflicts with gateway monuments and community identification. District design, traffic operations, environmental, maintenance, right-of-way, and other appropriate functional units also evaluate the preliminary proposal and identify concerns or provide suggestions for compliance with Caltrans’ policies. Proposals that involve freestanding art, new structures, or modification of existing Caltrans’ structures must also be circulated to Headquarters Division of Maintenance-Structure Maintenance and Investigations, and/or Headquarters Division of Engineering Services-Structure Design, Office of Transportation Architecture.

The district transportation art coordinator also determines whether preparation of a permit engineering evaluation report (PEER) will be required, taking into consideration highway operation, maintenance, and tort liability.

Upon completion of district circulation, the district transportation art coordinator provides review comments to the public agency and asks them to make the required revisions. After completion of revisions, the package is resubmitted by the public agency to the district transportation art coordinator as a qualified final proposal. The qualified final proposal should then be processed by the public agency for public review.

Public Review and Public Agency Resolution
Prior to final proposal review by Caltrans, the public agency must document local support for the proposal. Working with the district transportation art coordinator, the public agency will determine an appropriate method of public review, ranging from a signed petition to conducting noticed public meetings. The public agency will secure and document public acceptance, ensuring that those most affected have been provided the opportunity to express either support or opposition to the final proposal.

After securing public acceptance, the public agency shall issue an adopted resolution or other official document recommending
approval of the proposed design of the
transportation art and requesting installation within the highway right-of-way. This resolution or document must describe the public agency’s:
• jurisdiction over the area of the project site.
• approval of the transportation art.
• funding responsibility.
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Final Proposal Review
The district transportation art coordinator will review the qualified final proposal, including the maintenance agreement, and documentation of local support to verify that all previous comments have been addressed and will forward the proposal to the District Director for approval.

District Director Review
The District Director will review the qualified final proposal for public acceptance, compliance with State and federal regulations, and Caltrans’ guidance, adequacy of maintenance resources, and safety and liability issues for Caltrans, the public agency, and the public.

District Director approval of a transportation art proposal is made with due consideration to safety (location, potential for motorist distraction, and accessibility for maintenance), aesthetics, public support, and maintainability. Once approved, no changes shall be made without prior written approval of the District Director.

After District Director approval, the district transportation art coordinator advises the public agency to submit the proposal to the district permit engineer for processing as an encroachment permit.

Encroachment Permit Process
Approved transportation art proposals are processed as an encroachment permit as per the Encroachment Permits Manual, Section 500.2 and Appendix B.

After Construction
After construction is complete, the district transportation art coordinator sends a copy of the transportation art proposal, approval documents, permit, and as-built information to the Headquarters Transportation Art Coordinator. 183
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TRANSPORTATION ART MAINTENANCE AGREEMENT
WITH
CITY/COUNTYOF ________

This Transportation Art Maintenance Agreement (“AGREEMENT”) executed on and effective from _______________________________, is made by and between the State of California, acting by and through the California Department of Transportation (“STATE”), and the City/County of __________(“LOCAL AGENCY”); each may be referred to individually as a “PARTY,” and jointly as “PARTIES.”

RECITALS

1. The PARTIES desire to work together to allocate their respective obligations to the Transportation Art Project ______________________________(description and title) installed or painted within STATE Right of Way by Encroachment Permit No. _________________________. PARTIES acknowledge the Encroachment Permit Number will be added after this AGREEMENT is executed.

2. This AGREEMENT will set forth the LOCAL AGENCY’s maintenance responsibilities for the Transportation Art Project (“ARTWORK”) that is installed or painted within the STATE Right of Way at/on__________________________, as shown in Exhibit A, attached hereto.

3. Prior to execution of this AGREEMENT, the author(s) of ARTWORK executed a written agreement conveying to STATE a) a waiver of any and all rights in the ARTWORK under 17 U.S.C. section 106A and related laws, b) physical ownership of and right to possess the ARTWORK, and c) a nonexclusive license to reproduce and use the ARTWORK for non-commercial purposes. This written agreement between STATE and the author(s) of ARTWORK was executed on _________________[DATE].

TERMS

1. Definitions.

A. “AGREEMENT” means this AGREEMENT between STATE and LOCAL AGENCY along with exhibits and attachments attached during the execution of this AGREEMENT or in the future by mutual consent of the PARTIES.

B. “ARTWORK” means the entire Transportation Art Project installed or painted within the STATE Right of Way depicted or described in Exhibit A attached to this AGREEMENT.”

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2. Agreements with Creators of ARTWORK. LOCAL AGENCY agrees, represents, and warrants that the author or auth ors of ARTWORK executed a written agreement, in a form approved by STATE, conveying to STATE a) a waiver of any and all rights in the ARTWORK under 17 U. S.C. section 106A and related laws, b) physical ownership of and right to possess the ARTWORK, and c) a nonexclusive license to reproduce and use the ARTWORK for non-commercial purposes.

LOCAL AGENCY shall be solely responsible for any damages (including exemplary and punitive damages) arising from its breach of and/or failure to fully comply with this provision of the AGREEMENT.

3. Maintenance Obligation and Standard s. LOCAL AGENCY shall have the obligation to maintain the ARTWORK in accordance with this AGREEMENT so long as the ARTWORK exists in any form and in any condition. LOCAL AGENCY shall perform all maintenance of the ARTWORK in compliance with terms of the AGREEMENT, the standards set forth in California Streets and Highways Code section 27, and in accordance with all other applicable California laws, regulations, and standards, including the STATE’s Project Development Procedures Manual (PDPM), Chapter 29, Transportation Art, STATE’s Maintenance Manual, policies, procedures, and specifications in effect as of the execution of this AGREEMENT and as su bsequently amended. The obligation to maintain the ARTWORK shall include routine inspections of the ARTWORK and the maintenance, repair, and cleaning of the ARTWORK, as well as the restoration of damaged ARTWORK, graffiti removal (in accordance with the terms of this AGREEMENT), and the removal of dirt, debris, vegetation growth, and weeds surrounding or obscuring the ARTWORK (hereafter collectively referred to as “MAINTAIN/MAINTENANCE”). LOCAL AGENCY’s obligation to MAINTAIN the ARTWORK is until the ARTWORK is removed consistent with terms of this AGREEMENT.

4. Encroachment Permits. Before LOCAL AGENCY, or any of its agents, may enter STATE right of way to perform MAITNENANCE of the ARTWORK, or any MAINTENANCE within STATE’s right of way in which the ARTWORK is located, LOCAL AGENCY shall have applied for and obtained, from the applicable STATE District, an Encroachment Permit in accordance with the STATE Encroachment Permit process. For the term of this AGREEMENT, LOCAL AGENCY shall obtain any encroachment permits required by law to perform the obligations under this AGREEMENT. STATE shall issue any and all encroachment permits at no cost to LOCAL AGENCY. LOCAL AGENCY’s contractors and subcontractors, including the artist who creates the ARTWORK, shall apply for, and be issued encroachment permits to perform work within STATE’s right of way, to the extent required by law. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

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5. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY’s sole cost and expense, shall remove all graffiti from the ARTWORK. LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Family D Chapter, D1.06.

6. Restoration of ARTWORK. LOCAL AGENCY, at LOCAL AGENCY’s expense, shall restore damaged ARTWORK to its original condition as set forth in Exhibit A either within thirty (30) calendar days of discovery of such damage or within thirty (30) calendar days of being notified in writing by STATE, whichever is sooner. If LOCAL AGENCY is unable to or otherwise fails to restore the damaged ARTWORK by this time, STATE may provide a plan to LOCAL AGENCY which is reasonable and in good faith to perform the required operation.

7. Routine MAINTENANCE. LOCAL AGENCY sh all ensure the ARTWORK is provided with adequate routine MAINTENANCE necessary to maintain a neat and attractive appearance in accordance with a schedule mutually agreed to by PARTIES. LOCAL AGENCY shall coordinate said MAINTENANCE with STATE prior to the start of any work.

8. Failure to Perform MAINTENANCE. If duri ng the term of this AGREEMENT, LOCAL AGENCY ceases to perform the MAINTENANCE of the ARTWORK to the satisfaction of STATE as provided by th is AGREEMENT, STATE will provide written notice to LOCAL AGENCY to cure the default and LOCAL AGENCY will have thirty (30) calendar days within which to effect that cure. If LOCAL AGENCY does not MAINTAIN the ARTWORK or establish a plan and schedule to do so that is acceptable to STATE, STATE may either perform the MAINTENANCE on behalf of LOCAL AGENCY at LOCAL AGENCY’s expense, remove the ARTWORK at LOCAL AGENCY’s sole cost and expense and restore STATE’s right of way to its prior condition, or direct the LOCAL AGENCY to do so at LOCAL AGENCY’s expense.

LOCAL AGENCY hereby agrees to pay said STATE costs and expenses, within thirty (30) calendar days of receipt of billing by STATE.

9. Duties Upon Termination. In the event this AGREEMENT is terminated, LOCAL AGENCY shall remove the ARTWORK if STATE provides written consent for such removal, and restore STATE’s right of way to a safe and attractive condition compliant with all applicable laws and regulations and acceptable to STATE.

10. Additional LOCAL AGENCY Duties. During any MAINTENANCE work under this AGREEMENT, LOCAL AGENCY shall be responsible for MAINTAINING traffic operations and traffic control, including traffic lane closures as needed, to perform the MAINTENANCE in a safe and lawful manner. LOCAL AGENCY shall 186
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be responsible for obtaining any encroachment permits required by STATE or under this AGREEMENT. LOCAL AGENCY sh all be responsible for complying with any and all state laws and regulations in the performance of its MAINTENANCE duties. LOCAL AGENCY shall provide STATE’s District_____________ Area Maintenance Superintendent, (name)_____________________, at least twenty-four (24) hours prior telephone or email noti ce before performing any maintenance services under this AGREEMENT. MAIN TENANCE services shall be performed between the hours of 9:00 AM and 3:00 PM or a time otherwise authorized by STATE and may be performed on weekends and holidays if necessary.

11. Location Impacts. Except as expressly authorized in writing by STATE, LOCAL AGENCY, in performing its obligations under this AGREEMENT, shall not alter any existing freeway or highway structure or facility, nor shall it remove any landscaping within the STATE’s right of way to MAINTAIN or alter the ARTWORK.

12. Costs and Expenses Borne by LOCAL AGENCY. The cost and expense of all work by or on behalf of LOCAL AGENCY shall be borne solely by LOCAL AGENCY, and no cost or expense shall be borne by STATE. STATE will not be responsible for the cost or expense of any MAITNENANCE, or any other maintenance, graffiti removal, repair, or restoration of the ARTWORK. STATE will not be responsible for any damages caused by any vandalism or accidents on the roadway. STATE shall only be responsible for its own direct actions.

13. Obligation to Remove ARTWORK. LOCAL AGENCY shall remove the ARTWORK whenever, in the opinion of STATE, it creates a maintenance, safety, or operational concern. In the event LOCAL AGENCY fails to remove the ARTWORK in a timely manner, STATE may remove t he ARTWORK thirty (30) calendar days following written notification to LO CAL AGENCY, and STATE will bill LOCAL AGENCY for, and LOCAL AGENCY shall pay, all costs and expenses arising from its removal and for the restoration of STATE’s right of way to their original condition. STATE reserves the right to remove the ARTWORK or alter parts thereof due to any emergency, such as, but not limited to, an immediate safety hazard to the public as determined by STAT E. Removal activities may include any construction, rehabilitation, or other necessary activities affecting transportation facilities without any obligation, compensation to, or approval of LOCAL AGENCY.

14. Unsatisfactory Conditions. STATE may provide LOCAL AGENCY with timely written notice of unsatisfactory conditions that require correction by the LOCAL AGENCY. However, the non-receipt of notice does not excuse LOCAL AGENCY from performing maintenance responsibilities assumed under this AGREEMENT.

STATE shall notify LOCAL AGENCY at least thirty (30) calendar days in advance of any planned work that may impact the ARTWORK. If the work required is due to a safety hazard, this notification period does not apply, and STATE will notify LOCAL AGENCY as soon as practicable of the planned or performed work. 187
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15. Acknowledgement of Title. LOCAL AGENCY, and its agents, recognize that STATE owns the exclusive title to the ARTWORK, including but not limited to, the right physically to possess, transfer, sell, dispose of, or destroy the ARTWORK.

16. Effect on Prior Maintenance Agreements. This AGREEMENT does not supersede or replace any prior maintenance agreements between LOCAL AGENCY and STATE concerning the highways, freeways, or other STATE facilities within the STATE right of way in which the ARTWORK is placed, except to the extent those agreements concern or effect the ARTWORK or the purposes of this AGREEMENT.

17. Encampments. If encampments belonging to Persons Experiencing Homelessness (PEH) are encountered by LOCAL AGENCY during MAINTENANCE of the ARTWORK, the LOCAL AGENCY will inform the STATE and comply with any existing agreements between STATE and LOCAL AGENCY regarding the removal of the PEH and any structures, personal property, debris, and/or other items related to the encampment that covers the location(s) shown in Exhibit A, subject to applicable State and Federal law. In the absence of any such agreements, STATE will determine how to proceed with the PEH and encampment(s) and communicate with LOCAL AGENCY on how to proceed with MAINTENANCE under this AGREEMENT.

18. No Third-Party Beneficiaries. This AGREEM ENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and LOCAL AGENCY facilities different from the standard of care imposed by law.

19. Indemnification.

A. Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT. To the extent permitted by law, STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be do ne by STATE, its contractors, sub- contractors, and/or its agents pursuant to this AGREEMENT.

B. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY pursuant to this AGREEMENT. To the extent permitted by law, LOCAL AGENCY sha ll fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by 188
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LOCAL AGENCY, its contractors, sub-contra ctors, and/or its agents pursuant to this AGREEMENT.

20. Prevailing Wages and Labor Code Complia nce. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and su bcontracts executed for the LOCAL AGENCY’s work under this AGREEMENT.

21. Insurance

1. LOCAL AGENCY and its contractors and subcontractors shall maintain in force during the term of th is AGREEMENT a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE

Self-Insured.2 LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess by delivering a Letter Certifying Self-Insurance. The Letter of Self-Insurance must identify the AGREEMENT number, and location as depicted in Exhibit A. LOCAL AGENCY shall provide the original Letter Certifying Self-Insurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit B.

Self-Insured using Contractor

3. If the MAINTENANCE performed under this
AGREEMENT is done by LOCAL AGENCY‘s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, incl uding coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.

1 Delete if self-insured.
2 Delete if not self-insured
3 Delete if not self-insured; include 2 and 3 if self-insured and LA is subcontracting the work. Need both a self-insurance certification letter and insurance certificate naming STATE as additional, covered insured.
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22. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. STATE may terminate this AGREEMENT at any time with or without cause.

23. Successors. This AGREEMENT shall be bind ing upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. If the successor city or municipality fails to accept the obligations of the LOCAL AGENCY by entering into a new agreement with STATE, LOCAL AGENCY shall contin ue to be contractually bound by the terms of this AGREEMENT.

24. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that the individual is duly authorized to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plena ry authority, as required. Further, on ______[DATE], the Council of the _________[ LOCAL AGENCY] through Resolution No. _____ approved a recommendation to accept MAINTENANCE responsibilities for the ARTWORK.

25. Amendment to Agreement. The terms of this AGREEMENT can be changed only by a formal written amendment executed by all PARTIES.

26. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

27. Electronic Signatures. Electronic signat ures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.

THE CITY/COUNTY OF

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

Dated:

Mayor/Chairman
INITIATED AND APPROVED:

Dated: Dated:

City/County
Manager
Deputy District Director
Maintenance District
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Dated:
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EXHIBIT A
[Include (1) detailed design plans and rendering of what the final Artwork will look like once installed, and (2) plan map identifying the applicable location of the Transportation Art and shows what Artwork will look like once installed.]

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EXHIBIT B
LETTER CERTIFYING CITY’S/COUNTY’S SELF-INSURED STATUS (TEMPLATE) On Local Agency letterhead
Insert (CT District) addressee information ________________, 20___ ATTN: (name of CT representative)
Re: Statement of Self-Insurance for CITY/COUNTY of__________________ for Transportation Art Maintenance Agreement No.__________with California Department of Transportation for the ____________along
SR_____________at________________

Dear ______________________:

This letter certifies that the CITY/COUNTY of ________________is self-insured and self- funded covering third-party claims arising out of its general operations (i.e.; commercial general liability and automobile liability insurance). Further, the CITY/COUNTY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budget ary process, the CITY/COUNTY appropriates funds specifically to satisfy valid thir d-party claims and workers’ compensation claims, which may be brought against the CITY/COUNTY.

The CITY/COUNTY certifies its self-insured, g eneral liability coverage for bodily injury and property damage liability, and meet s the required coverage amounts in section 21 (Insurance) of the Transportation Art Maintenance Agreement, specifically general liability insurance, co verage of bodily injury and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

If you need any additional information regarding this letter, please direct those inquiries through my office.

Sincerely,

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Finance Manager/Risk Manager/Authorized Representative’s Title

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Richmond City CouncilMay 7, 2024

Richmond City Council
May 7, 2024