Agenda — Richmond City Council, May 21, 2024 (part 1 of 6)

PLEASE NOTE: HYBRID MEETING FORMAT

AMENDED AGENDA(s):

- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, May 21, 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
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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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https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** **The mayor will announce the agenda item number and open public comment when appropriate. 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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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-andforth 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.

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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 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
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) • David Batiste 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 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
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• One Case
C.4 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
5 C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 425 24th Street, Richmond, CA 94804 (Homekey Program at Motel 6 location)
Agency Negotiators: Nannette Beacham, Lina Velasco, Jesus Morales
Negotiating Parties: Novin Development, Trinity Center Walnut Creek Under negotiation: Price and terms of payment
•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 6 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) 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 Fourth Amendment to a Contract with Burke, Williams & Sorensen, LLP to Assist with RHA Asset Repositioning and City-wide Affordable Housing Projects
13 APPROVE a fourth amendment to the legal services agreement with Burke, Williams & Sorensen, LLP, increasing the contract payment limit by $150,000, for a new total contract amount not to exceed $505,000, for assistance with Richmond Housing Authority asset repositioning and, as requested, city-wide affordable housing projects, and extending the term to June 30, 2025 – City Attorney’s Office (Shannon Moore 510-620-6509).

O.1.b Legal Services Agreement with Angelo, Kilday, & Kilduff LLP 51 APPROVE a new legal services agreement with Angelo, Kilday, & Kilduff LLP, for an amount not to exceed $200,000, for a term beginning May 1, 2024, to June 30, 2027 – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510-620-6505). 7 O.1.c Second Amendment to Legal Services Agreement with Bennett, Gelini, and Gelini
76 APPROVE a second amendment to the legal services agreement with Bennett, Gelini, and Gelini to increase the compensation by $150,000, with a total amount not to exceed $259,990, and term ending June 30, 2025 – City Attorney’s Office (Shannon Moore 510- 620-6509/Kimberly Chin 510-620-6509).

O.2 City Clerk's Office
O.2.a City Council Meeting Minutes 107
APPROVE the minutes of the March 26, 2024, and May 7, 2024, Regular City Council meetings and the April 30, 2024, Special City Council meeting - City Clerk's Office (Pamela Christian 510-620- 6513).

O.3 City Council
O.3.a Resolution to Support SEIU CIR Members for a Fair Contract with LifeLong Medical
132
ADOPT a resolution that urges LifeLong Medical to offer a competitive salary, safe overnight accommodations, and transparent disciplinary procedures to better recruit and retain resident physicians within the City of Richmond – Vice Mayor Claudia Jimenez (510-620- 6565) and Councilmember Melvin Willis (510-412-2050).

O.4 Community Development
O.4.a On-Call Environmental and Planning Consulting Services 136 ADOPT a resolution authorizing on-call Environmental and/or Planning Consulting Services contracts with twenty (20) firms for asneeded services, in an amount not to exceed $1,000,000 per firm, from July 1, 2024, to June 30, 2027, with two additional one-year extension options not to exceed an additional $300,000 per extension - Community Development Department - Lina Velasco/ Hector Rojas 510-621-1220).

O.5 Finance Department
O.5.a Tax Rate for Tax Override Pension Fund 149
ADOPT an ordinance (second 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).
8 O.6 Fire Department
O.6.a Approve the Upgraded Service by Everbridge, Inc. (Nixle) to Provide the Platform for the City of Richmond’s Emergency Notification System
153
APPROVE AND RATIFY the upgraded service by Everbridge, Inc. (Nixle) dated July 1, 2023, to provide the platform for the City of Richmond’s Emergency Notification System, for a total amount not to exceed $76,112.82, for a three-year term ending June 14, 2026, with a two-year extension option not to exceed an additional $50,741.88 for the extended term – Fire Department (Chief Michael E. Smith 510-307-8041/Chief Aaron Osorio 510-307-8021/Richard Diaz 510- 307-8161).

O.6.b Air Monitoring Devices For Richmond Fire Department HAZMAT 64, Rescue 67, and Rescue 68
178
APPROVE the purchase of air monitoring devices and products from Mallory Safety and Supply, LLC. in an amount not to exceed $47,000 – Fire Department (Chief Michael E. Smith 510-307-8041/Deputy Chief Aaron Osorio 510-307-8021/Battalion Chief Victor Bontempo 510-620-6893/Battalion Chief Anthony Woodards 510-620-6989/Den Mark Marcelo 510-307-8038).

O.7 Human Resources
O.7.a Annual Compensation Adjustment for the City Clerk 187 APPROVE a five percent salary adjustment for the City Clerk effective March 2, 2024, in accordance with the IFPTE Local 21 Executive Management MOU Section 6.4.D – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

O.7.b Adoption of Cesar Chavez Day and Juneteenth as Official City Holidays
189
ADOPT a resolution approving the Side Letters between the City of Richmond and Service Employees International Union (SEIU) Local 1021 (Full-Time and Part-Time Units), International Federation of Professional and Technical Engineers (IFPTE) Local 21 (MidManagement and Executive Management Units), Richmond Police Officers Association (RPOA), Richmond Police Management Association (RPMA), International Association of Fire Fighters (IAFF) Local 188, Richmond Fire Management Associations (RFMA) – Human Resources Department (Sharrone Taylor/Nickie Mastay 510- 620-6602).
9 O.7.c Amend Staffing (Position Control) and Appropriate Funds as Required
210
ADOPT a resolution amending position control to add a Senior Planner for the Community Development Department, and a grantfunded Administrative Analyst for the Community Services Department - Recreation; and APPROPRIATE associated salaries, wages, and benefits from the funding source as required – Human Resources Department (Nickie Mastay/ Sharrone Taylor 510-620- 6602).

O.8 Police Department
O.8.a Crime Report from Police Chief 215
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).

O.9 Public Works
O.9.a Wadsworth Glass, Inc., Contract Amendment No. 2 219 APPROVE a second contract amendment with Wadsworth Glass, Inc., increasing the amount by $50,000, for a new total contract amount not to exceed $150,000, to supply windows, materials, and services for City buildings – Public Works Department (Daniel Chavarria 620-5478/Carl Capistrano 620-6896).

O.9.b Contract with Azul Works, Inc. for Construction of the Shields-Reid Park Improvement Project
262
ADOPT a resolution authorizing the award of a construction contract to Azul Works, Inc. as the contractor for the Shields-Reid Park Improvement Project, in the amount of $4,088,240.31, for a term from May 22, 2024, to June 30, 2026; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for up to a total contingency amount not to exceed $410,000 – Public Works Department (Robert Armijo 510-620-5477/Josef Munoz 510-672- 2407).
10 O.9.c Construction Contract Amendment and Appropriation of Funds for Santa Rita Road Stabilization Project, Including Funding for Construction Management and Engineering Consultants
1226
ADOPT a resolution to transfer and appropriate funds in the amount of $200,000 from the Risk Management Fund (5001) to General Capital Fund (2001) for the Santa Rita Road Stabilization Project (CIP#23037); AUTHORIZE an amendment to the construction contract with Northwest Demolition, Inc., for Santa Rita Road Stabilization Project, to increase the not-to-exceed amount by $25,419, for an amended total contract amount not to exceed $884,019; and AUTHORIZE the Director of Public Works to approve construction change orders, if necessary, up to $61,000, to potentially increase the total not-to-exceed contract amount to $945,019 – Public Works Department (Robert Armijo 510-620-5477/ Ken Cheng 510-621-1612).

O.9.d Construction Contract Amendment No. 2 for W.R. Forde Associates, Inc for the Cutting Boulevard and Harbour Way South Bikeways Project
1275
ADOPT a resolution to appropriate the General Capital Fund in the amount of $280,000 for Cutting Boulevard and Harbour Way South Bikeways Project; AUTHORIZE the construction contract amendment with W.R. Forde Associates, Inc, for Cutting Boulevard and Harbour Way South Bikeways Project in the amount of $104,099, for an amended total contract amount not to exceed $1,976,806.99; and AUTHORIZE the Director of Public Works to approve construction change orders, if necessary, up to an amount of $74,000, to potentially increase the contract for a total not-to-exceed amount of $2,050,806.99 – Public Works Department (Robert Armijo 510-620- 5477/Ken Cheng 510-621-1612).

O.9.e Construction Contract with NEMA Construction for the Yellow Brick Road Supplemental Lighting Project
1327
ADOPT a resolution to transfer funds in the General Capital Fund from the Yellow Brick Road Project (29113) to the Yellow Brick Road – Clean, Green and Beautiful Project (23032) in the amount of $30,000; and AUTHORIZE the City Manager or their designee to execute a construction contract in accordance with the approved plans and specifications with NEMA Construction for the Yellow Brick Road Supplemental Street Lighting Project in an amount not to exceed $1,141,470, which includes $1,017,200 for the Base Bid plus $20,500 for Additive Bid Alternative Item A-1, and a contingency amount of $104,000; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for up to the contingency amount of $104,000 – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620-5477/Wendy Wellbrock 510- 307-8108).
11 P. PUBLIC HEARINGS
P.1 Extension of Tobacco Retailers Moratorium 1370
ADOPT an urgency ordinance, pursuant to Government Code Section 65858, extending the temporary moratorium on the issuance of any new permit, license, or entitlement for any new tobacco retailer in the City of Richmond for an additional 10 months and 15 days, until April 15, 2025. This ordinance is intended to preserve the status quo, and it will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. The enactment of this ordinance, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060(c),(2)(3); 15061(b)(3); 15064(d)(3); 15378(a).) - Community Development Department (Lina Velasco/Eva Mann/Hector Rojas 510-621-1220).

P.2 THIS ITEM HAS BEEN CONTINUED TO THE MAY 28, 2024, CITY COUNCIL

MEETING
Master Fee Schedule Update
HOLD a public hearing; and INTRODUCE an Ordinance (first reading) adjusting the dollar amount for proposed Developer Impact Fees using the twoand four-year phase in approach and other new user fees for services – Finance Department (Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620- 6741).

Q. NEW BUSINESS
Q.1 Richmond Refining Tax Act 1381
RECEIVE a presentation on general tax proposal related to oil refining and DIRECT the City Attorney to review and prepare a Richmond Refining Tax Act ballot measure and related documents- Mayor's Office (Mayor Eduardo Martinez 510-620-6503) and Vice Mayor Claudia Jimenez (510-620-6565).

R. ADJOURNMENT
________________________
12

Page 1 of 2 ends

May 21, 2024
City Attorney's Office
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Nannette Beacham, Director of Economic Development
Gabino Arredondo, Interim Richmond Housing Authority
(RHA) Executive Director
Subject: Fourth Amendment to a Contract with Burke, Williams & Sorensen, LLP to Assist with RHA Asset Repositioning
and City-wide Affordable Housing Projects
FINANCIAL IMPACT: This contract amendment will be for $150,000 with a total amount not to exceed $505,000 (Account String
01151014-400206).

PREVIOUS COUNCIL
ACTION:

Legal Services Agreements and amendments have been
approved as noted in the initial agreements and
amendments. The original contract was approved on
April 9, 2021, for $10,000, a first amendment approved
on August 24, 2021, for $290,000, and a third
amendment on February 21, 2023 for $55,000.

STATEMENT OF THE
ISSUE:

To ensure the appropriate legal representation relating to RHA asset repositioning efforts and related affordable
housing projects, the City Attorney requests approval of the Fourth Amendment in the amount of $150,000 to the
legal services agreement with Burke, Williams &
Sorensen, LLP.

RECOMMENDED ACTION: APPROVE a fourth amendment to the legal services agreement with Burke, Williams & Sorensen, LLP,
increasing the contract payment limit by $150,000, for a new total contract amount not to exceed $505,000, for
assistance with Richmond Housing Authority asset
repositioning and, as requested, city-wide affordable
housing projects, and extending the term to June 30,
AGENDA
REPORT
13

Page 2 of 2 ends

May 21, 2024
2025 – City Attorney’s Office (Shannon Moore 510-620-
6509).

DISCUSSION:

The City contracts with Burke, Williams & Sorensen, LLP (“Burke”) to provide specialized legal services and to represent the City accordingly. Burke’s affordable housing expertise is, and has been, instrumental in providing support to Richmond Housing Authority (“RHA”) and the City in RHA’s asset repositioning efforts (e.g., the rehabilitation and repositioning of Hacienda and Nevin Plaza affordable housing projects). The City endeavors to rehabilitate, preserve, and increase affordable housing within the City through the creation of a more sustainable platform. In addition to RHA’s matters, the City anticipates affordable housing project opportunities arising that will require the City to perform sophisticated analyses amid careful considerations; in these instances, Burke’s representation serves the City by providing access, if needed, to attorneys specializing in this niche area of law. Such access augments and deepens the City’s capacity to evaluate opportunities and navigate attendant processes successfully.

The City entered into the original Legal Services Agreement (“LSA” or “contract”) with Burke on April 9, 2021, for one year through June 30, 2022, in an amount of $10,000.

Since then, the City has amended the contract three times. The First Amendment, on August 24, 2021, increased the contractual amount by $290,000, for a total not-toexceed amount of $300,000. The Second Amendment, on August 21, 2021, extended the contract’s term through June 30, 2023. The Third Amendment, entered on February 21, 2023, increased the contractual amount by $55,000, for a total not-to-exceed amount of $355,000 and extended the contract’s term through June 30, 2024.The proposed Fourth Amendment increases the contract amendment by $150,000, for a total not-to-exceed amount of $505,000 and extends the term to June 30, 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment 4 (proposed)
Attachment 2 – Amendment 3
Attachment 3 – Amendment 2
Attachment 4 – Amendment 1
Attachment 5 – Original Contract
14 Fourth Amendment to Burke LSA--RHA
DocID #15961v1
A-1

FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

BURKE, WILLIAMS & SORENSEN, LLP
This Fourth Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and BURKE, WILLIAMS & SORENSEN, LLP (“Special Counsel”) (the "Fourth Amendment") is entered into as of April 23, 2024, by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities for an amount not to exceed $10,000 and with expiration term date of June 30, 2022, on April 9, 2021; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement to increase the compensation by $290,000, on August 24, 2021; and WHEREAS, the City and Special Counsel entered into a Second Amendment of the Original Agreement to extend the term to June 30, 2023, on August 21, 2021; and WHEREAS, the City and Special Counsel entered into a Third Amendment of the Original Agreement to increase the compensation by $55,000 and extend the term to June 30, 2024, on February 21, 2023; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation and extend the term; and WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation by $150,000 and extend the term to June 30, 2025; and
WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this Fourth Amendment.

NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Fourth Amendment.

2. Effect of Fourth Amendment. Except as provided in this Fourth Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this 15 Fourth Amendment to Burke LSA--RHA
DocID #15961v1
A-2
Fourth Amendment increases the compensation limit by One Hundred Fifty Thousand Dollars ($150,000.00) and extend the term to June 30, 2025.

3. Counterparts. This Fourth Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF, the City and Special Counsel have caused this Fourth Amendment to be effective as of the last date written above.

CITY OF RICHMOND BURKE, WILLIAMS & SORENSEN,
LLP
____________________ By __________________________
Mayor
Title _________________________
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
City Attorney
16 Fourth Amendment to Burke LSA--RHA
DocID #15961v1
A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

Special Council shall provide general real estate development services and low-income housing finance and development services as part of the HUD Rental Assistance Demonstration program; as otherwise requested by the Richmond Housing Authority (RHA); and for services to support RHA’s Asset Repositioning efforts. (City of Richmond Contact Attorney: Shannon Moore, Chief Assistant City Attorney) Schedule of Fees & Charges:

Hourly Rates
Rates in
effect since
April 2021
per existing
legal services
agreement
Proposed rates
effective
January 2023
for non-cost
recovery
matters
Proposed
cost-recovery
rates
effective
January 2023
Susan Bloch $375 $425 $465
Other
Partners
$400 $450
Senior
Associates
$365 $395
Junior
Associates
$335 $350
Compensation:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed Five Hundred and Five Thousand Dollars ($505,000) for attorneys’ fees and reimbursements. 17 DocuSign Envelope ID: 239528D6-4067-4B81-A6D0-1A4371B2CCB5 18 DocuSign Envelope ID: 239528D6-4067-4B81-A6D0-1A4371B2CCB5 4/27/2023
19 DocuSign Envelope ID: 239528D6-4067-4B81-A6D0-1A4371B2CCB5 20 DocuSign Envelope ID: 239528D6-4067-4B81-A6D0-1A4371B2CCB5 21 DocuSign Envelope ID: 08E23A74-FE51-46D7-BE0A-836FCFCEFA15 22 DocuSign Envelope ID: 08E23A74-FE51-46D7-BE0A-836FCFCEFA15 23 DocuSign Envelope ID: 08E23A74-FE51-46D7-BE0A-836FCFCEFA15 24 DocuSign Envelope ID: 08E23A74-FE51-46D7-BE0A-836FCFCEFA15 25 26
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May 21, 2024
DocID #18676v3
City Attorney's Office
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Legal Services Agreement with Angelo, Kilday, & Kilduff LLP
FINANCIAL IMPACT: This legal services agreement will be for a total amount not to exceed $200,000, with term ending June 30, 2027.

This agreement is charged to the Risk Management
General Liability Fund 50182316-400554.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

A legal services agreement with Angelo, Kilday, & Kilduff LLP is needed to ensure that the City has appropriate
legal representation and counsel in future and pending
employment litigation matters.

RECOMMENDED ACTION: APPROVE a new legal services agreement with Angelo, Kilday, & Kilduff LLP, for an amount not to exceed
$200,000, for a term beginning May 1, 2024, to June 30, 2027 – City Attorney’s Office (Kimberly Chin 510-620-
6709/Shannon Moore 510-620-6505).

DISCUSSION:

The City Attorney’s Office is requesting a legal services agreement with Angelo, Kilday, & Kilduff LLP (AKK) to provide legal advice and representation for employment matters.

AKK is a seasoned law firm that has experience defending public entities in a variety of AGENDA
REPORT
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matters, including tort, police liability, and employment cases. Attorney Serena Warner, a partner at AKK, is an experienced employment attorney, who has litigated employment cases encompassing matters including but not limited to discrimination, whistleblower retaliation, employer assessment of non-conviction criminal charges, and defamation. She has defended public entities in employment matters from pre-litigation through trial, and has substantial trial experience, resulting in several defense verdicts for public entity clients. Ms. Warner has the experience and expertise necessary to represent and advise the City in employment matters; therefore, the City intends to retain Ms. Warner for future and pending employment cases, as well as to provide employment advice and counsel.

The rates for AKK are: $275/hour for partner(s); $250/hour for associates(s); and $125/hour for paralegal(s).

The City Attorney’s Office is requesting that the City enter into a contract with Angelo, Kilday, & Kilduff LLP, for a total contract amount of $200,000, for a contract term of May 1, 2024 to June 30, 2027.

DOCUMENTS ATTACHED:

Attachment 1 – Legal Services Agreement with Angelo, Kilday, & Kilduff LLP (proposed) 52 1
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LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

ANGELO, KILDAY & KILDUFF LLP

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 1st of MAY, 2024 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and ANGELO, KILDAY & KILDUFF LLP comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at, 601 UNIVERSITY AVENUE, SUITE 150, SACRAMENTO, CA 95825. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and, B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS
The Parties agree as follows:

1. RETENTION OF FIRM.

A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from 53 2
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time to time under the terms and conditions of this Agreement.

2. DESCRIPTION OF SERVICES TO BE PROVIDED.
[See “Scope of Work” in Exhibit A].

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2027, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than SERENA WARNER and ETHAN ZERTUCHA. It is agreed by and between the Parties that should it be desirable for any attorney other than SERENA WARNER and ETHAN ZERTUCHA to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.

5. PUBLIC FUNDING.

Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference.

Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney. Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.
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7. BILLING INVOICES.

Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this Agreement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.

9. LITIGATION GUIDELINES.

When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.

10. BILLING.

Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.

11. STATUS REPORTS.

Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please 55 4
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keep the status reports brief and spend no more than one (1) hour billing for your time.

Please also attach any referenced filings to your status report.

12. TERMINATION.

Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable. Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

13. CONFLICTS OF INTEREST.

A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

15. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in 56 5
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responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.

B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City.

Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

16. NON-DISCRIMINATION.

A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Said Section 2.28.030 is, by this reference, a part of this Agreement.

B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

17. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, release and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).

18. INSURANCE REQUIREMENTS.

Special Counsel shall maintain in full force and effect the following insurance policies:
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A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference.

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney. Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

20. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

22. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected], [email protected], [email protected], and to Special Counsel at its principal place of business listed on page one of this Agreement. 58 7
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Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

23. LAW GOVERNING AGREEMENT.

This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

24. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

25. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.
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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

ANGELO, KILDAY, & KILDUFF
By:_______________________________
Title:_____________________________

CITY OF RICHMOND
____________________________
Mayor
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk
60 Exhibit A
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SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

Special Counsel shall represent and defend the City of Richmond in pending and future employment-related litigation and provide employment advice and counsel.

City of Richmond Contact Attorney: Shannon L. Moore, Chief Assistant City Attorney & Kimberly Y. Chin, Senior Assistant City Attorney
Schedule of Fees & Charges:

Hourly Rates
PARTNER(S) $275/hour
ASSOCIATE(S) $250/hour
PARALEGAL(S) $125/hour

COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Two Hundred Thousand Dollars ($200,000) for attorneys’ fees and reimbursements. 61 Exhibit B
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BILLING PROTOCOLS/GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.

Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets). 62 Exhibit B
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II. BILLING GUIDELINES
a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
63 Exhibit B
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j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
 Actual printing costs;
 Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
 Actual cost of postage (including express mail delivery charges);  Facsimile charges at the rate of $0.25 per page;
 Actual cost of long distance telephone calls;
 Transcription and reporter's fees; and
 Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
64 Exhibit B
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c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 65 Exhibit C
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PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
 Anticipated total costs;
 The primary issues;
 The probability of success; and
 A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
 Pre-commencement (legal and factual research for the complaint or answer);  Pleadings;
 Preliminary motions;
 Initial discovery;
 Factual investigation of merits (interviewing clients, employees and third parties);
 Review and abstract City's documents;
 Expert (non-medical) investigation and reports;
 Medical experts and examinations;
 Legal research on merits;
 More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
 Settlement negotiations;
 Trial preparation; and
 Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
66 Exhibit C
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h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement. 67 Exhibit D
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California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 68 Exhibit D
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5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi-page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance. 69 Exhibit E
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LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.

Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.
70 Exhibit F
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SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of ANGELO, KILDAY & KILDUFF LLP (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.

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)
71 Exhibit G
20 DocID #18544v1
City of Richmond - Insurance Requirements - Type 2:

Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

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

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

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

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

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
72 Exhibit G
21 DocID #18544v1
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
73 Exhibit G
22 DocID #18544v1
City of Richmond - Insurance Requirements - Type 2:

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

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

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

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 coverage’s and cover those insured in the underlying policies. 74 Exhibit G
23 DocID #18544v1
City of Richmond - Insurance Requirements - Type 2:

Professional Services
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 claimsmade policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

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

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

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

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

Insurance certificates and endorsements may be faxed to the Designated Project 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 75 May 21, 2024
City Attorney's Office
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Second Amendment to Legal Services Agreement with Bennett, Gelini, and Gelini
FINANCIAL IMPACT: This second amendment will be for $150,000 for a total amount not to exceed $259,990. Expenditures for
Bennett, Gelini, and Gelini will be charged to the Risk Management General Liability Fund 50182316-400554.

PREVIOUS COUNCIL
ACTION:

September 12, 2023

STATEMENT OF THE
ISSUE:

To continue to receive appropriate representation
defending the City in active civil litigation, the City Attorney requires approval of a second amendment to
the legal services agreement with Bennett, Gelini, and
Gelini.

RECOMMENDED ACTION: APPROVE a second amendment to the legal services agreement with Bennett, Gelini, and Gelini to increase
the compensation by $150,000, with a total amount not to exceed $259,990, and term ending June 30, 2025 – City
Attorney’s Office (Shannon Moore 510-620-6509/
Kimberly Chin 510-620-6509).

DISCUSSION:

Bennett, Gelini, and Gelini (BGG) currently provides special counsel services defending the City in tort/dangerous condition and personal injury litigation. BGG has been AGENDA
REPORT
76 May 21, 2024
representing the City in these types of lawsuits since February 2023, and the City Attorney’s Office is satisfied with its work and wishes to increase the contract payment limit to ensure continuity of service. BGG has the experience and expertise necessary to continue to represent the City in pending and future dangerous condition and personal injury litigation.

The City Attorney’s Office requests approval of this second amendment to the legal services agreement with Bennett, Gelini, and Gelini increasing the payment limit by $150,000. Rates for Bennett, Gelini are as follows: partner - $195 per hour, associate - $170 per hour, and paralegal is $125 per hour.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment 2 to the Original Contract (proposed) Attachment 2 – Amendment 1 to the Original Contract
Attachment 3 – Original Contract with Bennett, Gelini, and Gelini 77 Second Amendment to BGG Agreement for Legal Services DocID #19122v1
A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

BENNETT, GELINI & GELINI, ACP
This Second Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and BENNETT GELINI & GELINI ACP (“Special Counsel”) (the "Second Amendment") is entered into as of MAY 28, 2024, by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities on February 21, 2023 for an amount not to exceed Nine Thousand Nine Hundred Dollars ($9,990) with term ending June 30, 2025; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement to increase the compensation by One Hundred Thousand Dollars $100,000, on September 12, 2023; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation; and WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by One Hundred Fifty Thousand Dollars ($150,000); and
WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Second Amendment.

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Second Amendment.

2. Effect of Second Amendment. Except as provided in this Second Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this Second Amendment increases the compensation limit by One Hundred Fifty Thousand Dollars ($150,000)
78 Second Amendment to BGG Agreement for Legal Services DocID #19122v1
A-2

3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written above.

CITY OF RICHMOND BENNETT, GELINI & GELINI, ACP
________________________ By __________________________
Mayor
Title _________________________
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
City Attorney
79 Second Amendment to BGG Agreement for Legal Services DocID #19122v1
A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

Special Counsel shall defend personal injury and motor vehicle liability claims.

City of Richmond Contact Attorney: Kimberly Chin, Senior Assistant City Attorney Schedule of Fees & Charges:

Hourly Rates.

PARTNER(S) $195/hour1
ASSOCIATE(S) $170/hour
PARALEGAL(S) $125/hour

COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Two Hundred Fifty-Nine Thousand, Nine Hundred and Ninety dollars ($259,990) for attorneys’ fees and reimbursements.

1 No two partners will bill at partner rates on any single case. If two partners perform work on a single case, only one partner will bill at the partner rate, and the second partner will bill at the associate rate. 80 DocuSign Envelope ID: 53B87685-3BDA-4DB1-A8EA-07230ED437FC 81 DocuSign Envelope ID: 53B87685-3BDA-4DB1-A8EA-07230ED437FC 82 DocuSign Envelope ID: 53B87685-3BDA-4DB1-A8EA-07230ED437FC 83 DocuSign Envelope ID: 53B87685-3BDA-4DB1-A8EA-07230ED437FC 84 85
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RICHMOND, CALIFORNIA, March 26, 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 4:31 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez.

Absent: None.

C. CLOSED SESSION
C.1 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) • Three cases
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Hanlees Hilltop Buick et al. v. City of Richmond
• 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 LIABILITY CLAIMS (Government Code Section 54956.9)
C.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
• Title: City Attorney
• Title: City Clerk
C.5 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
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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)
None.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:33 p.m. Closed Session adjourned at 6:49 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:55 p.m. by Mayor Martinez.

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

H. ROLL CALL

Present: Councilmembers Soheila Bana, Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez.

Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
Councilmember Bana, Councilmember Robinson, and Mayor Martinez recused themselves from the vote on Item Q.3 (Prevent Nepotism During the Appointment Process for Richmond Boards, Commissions, Committees, and Task Forces, and City Hiring and Employment).

J. AGENDA REVIEW
Item Q.4 (Presentation from The Urban Forestry Advisory Committee) was moved up to be heard as the first item under Study and Action Session.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 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) • Three cases
Discussed. No reportable action taken.

C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Hanlees Hilltop Buick et al. v. City of Richmond
• 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 not discussed. Status of all other items were discussed. No reportable action.
108
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C.3 LIABILITY CLAIMS (Government Code Section 54956.9)
Not discussed.

C.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
• Title: City Attorney
• Title: City Clerk
Not discussed.

C.5 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
Not discussed.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint that highlighted the following:

Coronado Neighborhood dumpster day event held on March 23, 2024; RichmondShimada Friendship Commission youth ambassadors' visit to Fire Station 64 on March, 21, 2024; Community survey to help improve Richmond Parkway open until April 28, 2024, at https://fp.mysocialpinpoint.com/richmond-parkway; Bike to Wherever Day and bike champion nominations open through March 29, 2024, at https://tinyurl.com/yhw46pd4; Best Businesses of Richmond nominations open through March 29, 2024, at www.rcoc.com/best-of-richmond-2024/; Richmond's business hiring needs assessment open through July 2024, at www.rcoc.com/best-of-richmond-2024/; and Contra Costa County Housing and Non-Housing 2025-2030 Consolidated Plan survey open through July 2024, at https://www.contracosta.ca.gov/10000/2025-2030- Consolidated-Plan.

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) Councilmember Zepeda reported attendance to the following events: Cal Cities Transportation, Communications, and Public Works Policy Committee meeting in Burbank, California and the Richmond-Shimada Friendship Commission youth ambassadors' visit. Councilmember Zepeda also invited the community to the RichmondShimada Friendship Commission Sayonara party for the visiting youth ambassadors on March 28, 2024, at the library. Councilmember Zepeda invited the community to his second Annual District 2 Strategy Meeting scheduled for April 6, 2024, at the Bridge Art 109
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Space. Councilmember Zepeda also reported attendance to the Point Richmond Spring Fling and the Public Safety Awards dinner.

Councilmember Bana wished the community a Happy Nowruz. Councilmember Bana invited the community to the launch event for the Richmond Task Force to End GenderBased Violence on March 28, 2024, and thanked Mayor Martinez for his support of the upcoming event. Councilmember Bana thanked Councilmember McLaughlin for her role in bringing forward a Memorandum of Understanding (MOU) between the counties of Contra Costa and Alameda for wildfire prevention and announced that there would be upcoming meetings in April.

Councilmember McLaughlin announced that the Marina Bay Farmers Market launch date was scheduled for April 7, 2024, in the parking lot of Marina Bay Park and that it would take place on Sundays thereafter. Councilmember McLaughlin advised that the location of the Barrett Avenue Farmers Market was moved 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.

Councilmember Robinson expressed her appreciation of the upcoming launch of the Marina Bay Farmers Market and changes to the location of the Barrett Avenue Farmers Market. Councilmember Robinson reported on NURVE (Nystrom United Revitalization Effort) meeting discussions regarding the Nystrom Village redevelopment plan, the Martin Luther King Center conceptual design plan, and ARPA allocations set aside for improvement to Richmond fields and parks.

Councilmember Willis acknowledged the Wendell Area Action Team, members of the Richmond Police Department, and the Richmond Police Explorers for their efforts in a cleanup event held on March 16, 2024, in the Wendell Park area. Councilmember Willis announced a neighborhood dumpster day cleanup event for the Belding Woods-Garcia area scheduled for March 30, 2024.

Mayor Martinez announced the launch of the 2024 Best of Richmond contest and invited the community to cast their vote. Mayor Martinez announced that his office would be hosting two satellite art exhibits and were in the process of selecting new works. Mayor Martinez expressed his appreciation at being selected as a judge for the West Contra Costa County Unified School District student art show. Mayor Martinez announced that once the West Contra Costa County Unified School District student art show ended, his office would be receiving more art and invited the community to come view the art once up for display.

Vice Mayor Jimenez thanked local businesses on San Pablo Avenue who organized the Neighborhood Market Fair held on March 24, 2024. Vice Mayor Jimenez encouraged the community to visit and support new local businesses.

N. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
N.1 Proclamation honoring the Baha’i’s steadfast commitment to defend freedom of thought, human rights and religion.

PROCLAMATION honoring the Baha’i’s steadfast commitment to defend freedom of thought, human rights, and religion - Councilmember Soheila Bana (510-620-6743) and Vice Mayor Claudia Jimenez (510-620-6565).

Councilmember Bana read the proclamation. Councilmember Bana, Vice Mayor Jimenez and Mayor Martinez presented the proclamation to members of the Baha’i community who gave comments.

Mark Wassberg gave comments in person.
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N.2 Recognizing the Richmond Steelers U9 Football Team
COMMENDATION recognizing and celebrating the achievements of the Richmond Steelers U9 Football Team in 2023 - Mayor Eduardo Martinez (510- 620-6503) and Councilmember Doria Robinson (510-620-6568).

Mayor Martinez read the commendation. Mayor Martinez and Councilmember Robinson presented the commendation to the Richmond Steelers U9 Football Team and its coaches who gave comments.

O. 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)
The following individuals gave comments in person:

Mark Wassberg gave comments regarding religious beliefs, immigration, and lawmakers.

Irania De La Mora gave comments regarding bicycle lanes on Richmond Parkway and throughout the City. Ms. De La Mora expressed concerns of increased traffic on main roads where bicycle lanes are present.

Jamin Pursell expressed pride in the inclusivity and advocacy for diverse communities throughout the City of Richmond.

P. 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 (7): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez.

Passed (7 to 0)
P.1 Finance Department
P.1.a Ordinance Creating New Business Activity Classification, Class P – Wholesale, and the Corresponding Rates
ADOPT an ordinance (second 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).

Adopted Ordinance No. 02-24 N.S.

P.2 Mayor's Office
P.2.a 2024 Appointments to Committees and Liaison Positions 111
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APPROVE appointments for the Mayor and Councilmembers to Regional Committees, Ad-Hoc Committees and Liaison Positions for the year of 2024 - Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

P.2.b Richmond Arts and Culture Commission Appointment
APPOINT Tobin Richmond to an unexpired term in the Richmond Arts and Culture Commission, Term Expires June 19, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

P.2.c Richmond Arts and Cultures Commission Appointment APPOINT Sandra Benjamin Richmond to the Richmond Arts and Culture Commission, Term Expires June 19, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

P.2.d Youth Council Appointment for Andrea Martinez Alvarez APPOINT Andrea Martinez Alvarez to the Youth Council, term expires, October 1, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

P.3 Public Works
P.3.a San Francisco Bay Restoration Authority Grant Resolution ADOPT a resolution accepting and appropriating the $4,600,000 in grant funds from the San Francisco Bay Restoration Authority for Terminal Four Wharf Removal Project – Public Works Department/Community Development Department (Daniel Chavarria 510-620-5478/Lina Velasco 510-621-1231).

Adopted Resolution No. 22-24
Q. STUDY AND ACTION SESSION
Q.1 Update on the Craneway Pavilion Request
PROVIDE update regarding the Craneway Pavilion and the proposed use. Dave Aleshire, City Attorney (510-620-6509).

City Attorney Dave Aleshire introduced the matter. Mr. Aleshire presented a PowerPoint that highlighted the following: the Craneway Pavilion property; background on the property's prior uses, projects, and agreements; land use approvals; uses permitted; usage/permit history; State Lands Consistency finding; the revised project; new site plans - A; new site plans - B; Orton's position per his March 11, 2024, email; current question; and proposed compliance agreement.

Mac Lingo, Kym Sterner, Dave Sterner, Sue Wilson, Bill Powning, Jamin Pursell, and Deborah Bayer gave comments in person. Lynne Therriault, Beth Conklin, Terri Hinte, Shawn Dunning, Jessie West, Paul Carman, and Tania Pulido gave comments via teleconference. Discussion ensued. The council gave direction to the City Attorney to work towards a compliance agreement that preserves public events, to look into the legality of the ground lease agreement for the Craneway Pavilion and explore options to terminate or renegotiate the ground lease agreement.

Q.2 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, 112
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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). This item was continued from the March 19, 2024, meeting.

Community Development Director Lina Velasco introduced the matter. Housing Manager Jesus Morales presented a PowerPoint that highlighted the following:

SOS contract scope of services; SOS debris, clean up and outreach assistance; key performance indicators for SOS services (contract period April 2023 to March 2024); key performance indicators for SOS engagement and workforce development (contract period April 2023 to March 2024); project outcomes and alignment with Homelessness Strategic Plan; request for qualifications process; and questions received regarding the SOS contract. Discussion ensued. (At 10:57 p.m. - a motion by Councilmember Zepeda, seconded by Councilmember Bana, to extend the meeting to complete Item Q.2 passed by the unanimous vote of the City Council).

Further discussion ensued. Mark Wassberg, Marilyn Langlois, Teri Edlinger, Alohilani Black, Oneill Fernandez, and Daniel Barth gave comments in person.

John Knox, Dominique Kauffman, Braunz Courtney, John Toki, and Cheryl Maier gave comments via teleconference.
(At 11:30 p.m. - a motion made by Councilmember Willis, seconded by Councilmember Zepeda, to suspend the rules and extend the meeting to complete Item Q.2, passed by the unanimous vote of the City Council).

Further discussion ensued. A motion was made by Councilmember McLaughlin, seconded by Councilmember Willis to approve the staff recommendation of amendment number one to the SOS contract with the added requirement that SOS include demographics in their reports. A friendly amendment was made by Councilmember Robinson to include a line item in the contract in the amount of $100,000 from the general fund for an internal SOS fund development staff member. The maker of the original motion and seconder accepted the friendly amendment.

Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Melvin Willis
To approve the staff recommendation of amendment number one to the SOS contract with the added requirement that SOS include demographics in their reports and the inclusion of a line item in the contract in the amount of $100,000 from the general fund for an internal SOS fund development staff member.

Ayes (7): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez.

Passed (7 to 0)
Q.3 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 113
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Claudia Jimenez (510-620-6565). This item was continued from the March 19, 2024, meeting.

Continued to the April 2, 2024, City Council meeting.

Q.4 Presentation from The Urban Forestry Advisory Committee RECEIVE a presentation from the Urban Forestry Advisory Committee - Councilmember Doria Robinson (510-620-6568).

Councilmember Robinson introduced the matter. Urban Forestry Advisory Committee member Rebecca Orme presented a PowerPoint that highlighted the following: urgent issues in Richmond's urban forest; known hot spots in Richmond City Council Districts requiring prioritized hazard tree care; Urban Forestry Advisory Committee recommendations to City Council; hazard tree mitigation budget and plan; staffing needs for the Parks and Landscaping Tree Crew; and state of the urban forest report. Discussion ensued. The council requested that staff provide Urban Forestry Advisory Committee members monthly reports on trees planted/removed and major tree maintenance efforts, as well as access to the City's ForestMetrics database when it becomes available.

Jamin Pursell gave comments in person. Further discussion ensued. The council suggested that the City try to collaborate with community based organizations, the Urban Forestry Advisory Committee, the California State Coastal Conservancy, and the Contra Costa Resource Conservation District on a plan for the City.

R. ADJOURNMENT
There being no further business, the meeting adjourned at 11:47 p.m., to meet again on April 2, 2024, at 6:30 p.m.

Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA,

SPECIAL CITY COUNCIL MINUTES
April 30, 2024, 5:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. SPECIAL COUNCIL MEETING OF THE RICHMOND CITY COUNCIL The Special City Council meeting was called to order at 5:34 p.m. by Mayor Eduardo Martinez.

B. PLEDGE
Mayor Eduardo Martinez led the Pledge of allegiance to the Flag.

C. ROLL CALL

Present: Councilmembers Soheila Bana, Gayle McLaughlin, Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez. Councilmember Doria Robinson joined remotely from the Moxy Washington Hotel in Washington, DC. Absent: Councilmember Melvin Willis.

D. STATEMENT OF CONFLICT OF INTEREST
None.

E. AGENDA REVIEW
Item G-2.(Consideration of a possible ballot measure to transition Richmond's municipal voting method to instant runoff elections) was moved to be heard before Item G.1.(Adding Restrictions to the City of Richmond's Investment Policy).

F. CONSENT CALENDAR
Councilmember Zepeda recused himself from voting on Item F.1. Resolution in Support of Richmond San Rafael Bridge Trail because he is a member of the San Francisco Bay Conservation and Development Commission (BCDC) board.

Karen Siller, Jonathan Mencer, and Leisa Johnson gave comments regarding Item F-4 the proclamation declaring Jewish American Heritage Month and stated that the Jewish community was excluded and would have attended the meeting if tonight was not the last night of Passover.

Cordell Hindler stated the Cinco de Mayo parade and festival would be on Saturday, May 4 and 5, 2024.

Jamin Pursell expressed gratitude for the city's support of the Richmond Rainbow Pride events and invited the community to the June 2, 2024, Pride Festival. 115
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Ayes (6): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Absent (1): Councilmember Melvin Willis
Passed (6 to 0)
F.1 Resolution in support of Richmond San Rafael Bridge Trail ADOPT a resolution in support of Richmond San Rafael Bridge Trail - Councilmember Doria Robinson (510-620-6568) and Mayor Eduardo Martinez (510-620-6503).

Adopted Resolution No. 33-24.

Councilmember Zepeda recused himself from voting on this item.

F.2 Proclamation Celebrating the 16th Annual Cinco de Mayo Peace and Unity Parade and the Cinco de Mayo Festival
PROCLAMATION celebrating the Cinco de Mayo celebrations and the organizers - Mayor Eduardo Martinez (510-620-6503) and Councilmember Cesar Zepeda (510-620-6593).

F.3 May is National Bike Month
PROCLAMATION recognizing May as National Bike Month and encouraging residents to participate in biking events – Councilmember Doria Robinson (510- 620-6593) and Mayor Eduardo Martinez (510-620-6503).

F.4 Jewish American Heritage Month Proclamation
PROCLAMATION recognizing May as Jewish American Heritage Month in the City of Richmond - Mayor Eduardo Martinez (510-620-6593), Councilmembers Gayle McLaughlin (510-620-6636), and Melvin Willis (510-412-2050).

F.5 Budget Increase to City-Sponsored Festivals (Cinco de Mayo, Richmond Rainbow Pride, and Juneteenth)
Jamin Pursell
APPROVE a budget increase for the remaining City-sponsored festivals for Fiscal Year 2023-2024 in a total amount not to exceed $24,000 (Cinco de Mayo Parade budget increase of $5,000 for a total budget of $7,500, Cinco de Mayo Festival budget increase of $5,000 for a total budget of $7,500, Richmond Rainbow Pride budget increase of $4,000 for a total budget of $5,000, and Juneteenth Parade and Festival budget increase of $10,000 for a total budget of $15,000) – City Manager’s Office (Shasa Curl/LaShonda White 510-620-6828).

F.6 Recommendations from the Management and Performance Audit of the Port of Richmond
DIRECT the city manager to appropriate funds in the Fiscal Year 24-25 budget for finance manager and maintenance manager positions for the Port of Richmond; to consider all increased costs associated with these two staff positions and incorporate them when setting future fees, tariffs, and lease rates; and work with all City departments referenced in the Recommendations List of the Port of Richmond Audit to return in September of 2024 with action plans and timelines 116
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for the listed recommendations - Mayor Eduardo Martinez (510-620-6502), Vice Mayor Claudia Jimenez (510-620-6565), and Councilmember Cesar Zepeda (510- 620-6593).

G. NEW BUSINESS
G.1 Adding Restrictions to the City of Richmond's Investment Policy DIRECT City staff to review and modify the City of Richmond Investment Policy, eliminating the investment of City funds into industries that facilitate violence, war, oppression, and apartheid - Mayor Eduardo Martinez (510-620- 6502), Councilmembers Gayle McLaughlin (510-620-6636) and Councilmember Soheila Bana (510-620-6743).

Mayor Martinez gave an overview of the matter. Chief of Staff, Shiva Mishek gave a PowerPoint presentation, which highlighted the following: Precedence and Current Context; City of Richmond Portfolio Management. Local Agency Investment Fund (LAIF) :State of California Pooled Money Investment Account approved Commercial Paper and Corporate Bonds; New Restriction 2: City policy not to invest in companies and their subsidiaries involved in the development and manufacturing of arms and weapons; New Restriction 3: City policy not to invest in companies and their subsidiaries that are involved in the border and mass surveillance industries; New Restriction 4: not to invest in companies and their subsidiaries that are involved in mass incarceration and detention industries; New Restriction 1: not to invest in predetermined list of companies and subsidiaries that are involved in Israel's violations of Palestinian rights; Divest from AirBNB, Caterpillar, CISCO systems; DELL, First Solar, intel, IBM, Microsoft, Motorola Solutions, and WiX.

The following individuals gave comments in person: Abubakr Elgarguri, Salah Elbakri, Bader Aljishi, Nisar Ali, Dov Baum, Huda Shedeh, Keala Uchoa, Ahmad, Farid, Iyas Sartawi, LaRayne Ortega, Hussain Hassane, Jose Cruz, Carolina Avelar, Ed R, Ymeson Yuen, Stan Woods, Rocky Chou, Rohan Sabris, Frank Sterling, Shan Zazi, Ahmad Khan, Rob Lipton, Jaime Young, Mark Wassberg, Ayesha A, Al Dargma, Annie Pennell, Domenichi Morris, Amy Barron, Isabel GilGarcia.

The following individuals gave comments via Zoom: Nadav, Mindy Pines, Meytal Ben Yosef, Amber Hatfield, Rogge, Lory Paulson, Emily Ross, Marisol Canty, Danielle, Ester, Sarah L., Yosra Abdelaziz. Ab, Miriam Buzi, Naomi Smoller, Kamila, Humza, Matt Jack, Gulled A., Noshaba Afzal, Devin, Emi Yoko-Young, Naveed Desai, Lila Sheira, Hiba, Fatima Abdel-Wahab, Vish, Vincent Ianiello, Seema Badar, Val, Anne, and Matthew Lewis.

Discussion ensued.

A motion was made by Councilmember McLaughlin, seconded by Councilmember Willis to direct staff to review and modify the city's Investment Policy and come up with options and recommendations for the four (4) restrictions as presented in the agenda report and the presentation, and for potentially coming up with new socially responsible investments. These options and recommendations can be through coming up with new investment groups.

They should be presented to the City Council by July 2nd (or at least an update as to where we’re at) and subsequently to the HRHRC (Human Rights Human Relations Commission) to come up with a framework to annually review these companies and banks we are restricting and making sure from year to year those restrictions are being implemented and followed. Councilmember Bana made a 117
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friendly amendment to ask city administrators to write a letter to LAIF, CalTrust and Mechanics Bank informing them of our decision and urging them to divest as well. The friendly amendment was accepted.

Deputy City Attorney Shannon Moore recommended that the following be included in the motion: The proposed restrictions, particularly Restriction #1 is intended as a constitutionally protected protest of the policies of current government of the state of Israel regarding the people of Palestine and the war in Gaza. It shall not allow any discriminatory actions against any person on the basis of religion, creed, ethnicity, national origin or any unlawful basis. That would be incorporated in any sort of further revisions to the City’s Investment Policy. The additional recommendation to the motion was accepted.

Ayes (6): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Abstentions (1): Councilmember Cesar Zepeda
Passed (6 to 0)
G.2 Consideration of a Possible Ballot Measure to Transition Richmond’s Municipal Voting Method to Instant Runoff Elections
RECEIVE a presentation on Instant Runoff Voting (IRV) from Cal RCV and DIRECT the City Attorney’s Office to draft 1) language for an IRV ballot measure and 2) ordinance language to allow City Council to place that IRV ballot measure language on the 2024 General Election ballot — Mayor's Office (Mayor Eduardo Martinez 510-620-6502).

Mayor Martinez gave an overview of the matter. California Ranked Choice Voting Executive Director Marcela Miranda-Caballero and California Ranked Choice Voting Volunteer Ken White, presented a PowerPoint which highlighted the following: Instant Runoff Voting; What is Ranked Choice Voting?; Why instant runoff RCV?; and Why RCV is good for Richmond. Discussion ensued. (Councilmember Willis arrived during discussion of this item).

Diana Wear, Jamin Pursell, and Sue Wilson gave comments in person. Marisol Cantu gave comments via Zoom.

A motion made by Councilmember Willis, seconded by Councilmember McLaughlin, directed the City Attorney’s Office to prepare a proposed charter amendment for an IRV ballot measure to allow the City Council to place the IRV ballot measure on the 2024 General Election ballot.

Ayes (7): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Cesar Zepeda, Councilmember Melvin Willis, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez Passed (7 to 0)
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H. ADJOURNMENT
There being no further business, the meeting adjourned at 10:34 p.m., to meet again on May 7, 2024.

Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA,
May 7, 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 by Mayor Eduardo Martinez at 4:36 p.m.

B. ROLL CALL

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

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)
None.

E. ADJOURN TO CLOSED SESSION
There being no further business, the meeting adjourned at 4:38 p.m. 120
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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 6:35 p.m. by Mayor Eduardo Martinez.

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

H. ROLL CALL

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item Q.1 - (Resolution in Support of the Implementation of Golden State Energy, a Not-for-Profit Utility) was moved to be heard before Item 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).

K. 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) • Juan Contreras v. City of Richmond, et al.Discussed. Settlement agreement was authorized.• Winehaven v. City of Richmond - A status report was given. No reportable action was taken.• 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 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
o Title: Confidential Investigative & Appeals Officer
Item discussed. No reportable action 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
Not discussed.
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L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shas Curl reported the following: the Employee Appreciation event was on April 18, 2024, at the Civic Auditorium; Park RX Day was on April 27, 2024 at Nicholl Park; the Cinco de Mayo festival was on May 5, 2024; the Civic Center Farmer's Market was moved to the front of the Richmond Main Library beginning Friday, May 10, 2024 from 8:00 a.m. to 5:00 p.m.; the Department of Children & Youth Community Vision Event was on Thursday, May 9, from 5:30 p.m. to 7:30 p.m. at the Richmond Auditorium; the Community Needs Assessment Survey would close on Thursday, May 9, 2024, at 11:59 p.m.; Career Fair hosted by Fairmede Neighborhood Council and Hilltop Community Church was on Saturday, May 18, 2024, from 10:00 a.m. to 1:30 p.m.; Juneteenth would be on Saturday June 22, 2024, 10:00 a.m. to 6:00 p.m. at Nicholl Park.

Vendors interested in signing up could visit
https://www.ci.richmond.ca.us/CivicAlerts.aspx?AID=2407.

L.1 NEW EMPLOYEE REPORT - 1st Tuesday
Human Resources Director Sharrone Taylor presented the following New Employee Report: Perla Pasayes, Administrative Student Intern, City Manager's Office; Nikansha Maharaj, Associate Administrative Analyst, Community Development; Roxanna Jimenez, Office Assistant, Rent Program; Matthew Neuebaumer, Senior Planner, Community Development; Melody Becerra, Communications Dispatcher I, Police Department; Catalin Kaser, Public Services Support Librarian, Library; Norma Layton, Public Services Support Librarian, Library; Jorge Navarrete, Building Inspector, Community Development; Bret Kendrick, Jailer, Police Department; Erica Hellmold, Police Administrative Manager, Police Department; Nicole Betancourt, Communications Dispatcher II, Police Department; Armaan Sharma, Administrative Student Intern, Community Services-Recreation; Demarea Mabon, Maintenance Aide II, Public Works; Curtis Nicks, Maintenance Aide II, Public Works; Cinthia Gutierrez, Recreation Program Leader, Community Services-Recreation; Nathetta Pree, Recreation Program Leader, Community Services-Recreation; Carl Coleman; Jimmiesha Robison, Recreation Program Aide, Community Services-Recreation. Promotions:

Estevan Berumen, Equ8pment Operator, Public Works; Patrick Seals.

Administrative Chief, City Manager's Office; Bryan Rodriguez, Maintenance Worker II, Public Works; Lorenzo Apodaca, Fire Engineer, Fire Department; Victor Garcia, Fire Engineer, Fire Department; Steven Montes, Fire Engineer, Fire Department; Robert Okumura, Fire Engineer, Fire Department. Firefighter Recruits: Clayton Calagari, Misaei Hernandez, Tanner Moody, Alex Otani, Jamison Patanapanich, Andrew Pearce, Fernando Ramirez, Ezequiel Zepeda Lomeli. Police Officer Recruits: Jessica Bruzzone, Nicholas Okodogbe, Raul Reyes, Sharif Wally.

Upcoming Events: Public Works Week was on May 19-25, 2024.

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 thanked city staff for organizing the recent Employee Appreciation Day event. Vice Mayor Jimenez also thanked the First Advocates organization for organizing the Humphrey Playlot beautification event and stated that the Cinco de Mayo festival was amazing and thanked all city staff involved.

Councilmember McLaughlin reported that she attended the Safe Organized Spaces (SOS) Richmond party, the Marina Bay Farmer's Market, and the Cinco de Mayor festival. 122
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Councilmember McLaughlin also announced the following upcoming events: Richmond Shoreline Alliance launching a self-directed online tour of the contaminated Zeneca property on Saturday, May 11, 2024, from 11:00 a.m. to 1:00 p.m. at the South 51st Street and Channel Avenue; the Crescent Park Peace Party was on Saturday, May 11, 2024, from 1:00 p.m. to 4:30 p.m.at the Crescent Park Resource Center at 5004 Hartnett Avenue.

Councilmember Bana expressed her gratitude to the fire chief and the fire department for the fire recruit graduates. Councilmember Bana also thanked the fire department for putting out the Local Hazard Mitigation Plan and stated that Governor Newsom declared this week as "Fire Prevention Week" in California.

Councilmember Willis thanked city staff involved for assisting with the 24th Street Corridor Block Party to help address human trafficking. Councilmember Willias also thanked the City Manager Curl for organizing the Employee Appreciation Day Event.

Councilmember Robinson thanked city staff for their great work and for organizing the Employee Appreciation Day event. Councilmember Robinson also reported that the Richmond Certified Farmers Market would be moved to the front of the Richmond Main Library every Friday. The Historic Preservation Commission discussed new recommendations regarding the Mills Act and potential tax incentives for the maintenance of historic homes.

Mayor Martinez praised staff and city council for working much better together.

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)
Cordell Hindler thanked Mayor Martinez for filling vacancies on the boards and commissions. Mr. Hindler also suggested that presentations should be limited to two per meeting and also requested that the city council schedule a joint meeting with the West Contra Costa Unified School District.

Fayza gave comments regarding current world events and the loss of humanity and respect.

Miss Richmond USA Alize Johnson gave comments about her qualifications and her plans as Miss Richmond.

Robert Cheasty gave comments regarding Point Molate Alliance and toxic conditions at the Zeneca site.

Hector Zavala, Lucas Zavala, Erika Cruces, Maria Calderon-Pena, Lorenzo CalderonPena, members of Richmond Heavy Hitters Baseball team gave comments regarding the deteriorated and hazardous conditions of Nicholl Park and asked the city to assist in picking up garbage, fill holes in the grass, and repair the bleaches.

Mark Wassberg gave comments regarding Israel and Hamas.

Rick Perez and Patricia Perez invited the city council and the community to a garbage receptacle dedication event in memory of Pedie Perez in front of Sam's Liquors on Saturday, May 18th at 2 p.m. at Uncle Sam's Liquors.

Jamin Pursell stated that language interpretation services were needed at city council meetings. Mr. Pursell also invited the community to the toxic tour at the Zeneca site on Saturday May 11, 2024.
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Michael Simon gave comments regarding a vehicle code issue he had with a Richmond police officer.

Kimberly Graves gave comments regarding landlords and the difficulty of homeowners not being able to move back into their own home due to rent control regulations.

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.)
Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Doria Robinson
Ayes (6): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Absent (1): Councilmember Cesar Zepeda
Passed (6 to 0)
O.1 City Attorney's Office
O.1.a Point Molate Mixed Use Project SEIR and Land Use Approvals 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).

Adopted Resolution No. 34-24.

O.2 City Clerk's Office
O.2.a Cancellation of the July 16 and 23, 2024, Regular City Council meetings 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).

O.2.b City Council Meeting Minutes
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”)
RECEIVE the Certificate of Sufficiency of Initiative Petition indicating that the Initiative petition entitled “Richmond Election Reform Act” has a 124
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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
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
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).

Adopted Resolution No. 35-24.

O.3.c Cal Trans Beautification Grant Mural Project
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
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).

O.4.b Tax Rate for Tax Override Pension Fund
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 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
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O.6.a Raftelis Contract Amendment #2 to Increase the Contract Limit and Appropriate Funding as Required
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
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
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).

O.8.b Bus Transportation for 2024 Summer Camp Excursions 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
APPROVE a sole-source contract with Nomad Transit, LLC (Via) for expanded city-wide shuttle service through Richmond MOVES, for a notto-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
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).
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O.9.b Historic Preservation Month
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
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 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).

O.10.b Second Amendment with Richmond Rod and Gun Club for Shooting Range Rentals
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.

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
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
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 127
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Department (Shasa Curl/Nickie Mastay/LaShonda White/Andrea Miller/Mubeen Qader 510-412-2077).

City Manager Shasa Curl gave an overview. Finance Director Andrea Miller, Revenue Manager Antonio Banuelos, and Deputy Finance Director Mubeen Qader presented a PowerPoint, which highlighted the following: FY2024-25 Budget Development Schedule; FY2024-35 Budget Development Schedule; Financial Headwinds; What's in store for California's Economy; Latest Federal Reserve Policy; General Fund Revenue assumptions; General Fund Revenues; FY2024-25 General Fund Revenues; General Fund Expenditure Assumptions; General Fund Expenditures; FY2024-25 General Fund Expenditures; General Fund FY2024-25 Draft Budget; Additional Funding Request by Fund; General Fund Five Year Forecast; Revenue Assumptions; Expenditure Assumptions; Five Year Financial Forecast; FY2024-25 Budget Development Schedule.

Cordell Hindler and Heather Bristow gave comments in person. Jessi Taran, Elise Heikkinen, Jim Hanson, Kelsy Linnett, John Emery gave comments via Zoom.

Discussion ensued. Mayor Martinez requested that councilmembers send questions to staff via email. City council requested the following: that projections for revenues and expenditures for Utility Users Tax on page 22 should read 3.6% plus; determine if Caltrans was responsible for maintaining freeway on and off ramps; provide bar charts in future budget reports; allocate funds for park maintenance and amenities; conduct a Rental Inspection Ordinance update; identify unhoused issues that are covered under county responsibility and determine building infrastructure strategy for the unhoused; conduct a traffic safety and infrastructure study, detail what staff requested in the unfunded "wish list" category, which was mainly for staffing, equipment, and professional services include additional information on assumptions; amounts for cost pool categories would be provided in writing, amount of staff, projects, and how many projects were being worked on at once would be responded to council via email.

Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Melvin Willis
Ayes (6): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Absent (1): Councilmember Cesar Zepeda
Passed (6 to 0)
Q. NEW BUSINESS
Q.1 Resolution in Support of the Implementation of Golden State Energy, a Notfor-Profit Utility RECEIVE a presentation from the organization Co-Director of Reclaim Our Power Shayna Navanani 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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Councilmember Robinson gave an overview of the matter. Shayna Navanati CoDirector and researcher from Reclaim Our Power presented a PowerPoint presentation which highlighted the following: Reclaim our Power: Utility Justice Campaign; SB-350 The Golden State Energy Act (2020); Golden State Energy as a provider of last resort; Publicly accountable financing; California's electricity prices are high; Public control of the transmission system; Mandate for Just Transition; Questions for further research.

Jamin Pursell, Scott Brown, Selena Feliciano, and Paul Ehara gave comments in person. Nyah Tisdell, Raymond Wendell, Marisol Cantu, Emily Ross, and Hernando Sanchez gave comments via Zoom.

Discussion ensued.

A motion to direct staff to send a letter of support was made by Councilmember Jimenez, seconded by Councilmember Willis.

Adopted Resolution No. 36-24.

Motion by Vice Mayor Claudia Jimenez
Seconded by Councilmember Melvin Willis
Ayes (6): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Absent (1): Councilmember Cesar Zepeda
Passed (6 to 0)
Q.2 AB 481 “Military Equipment Use” Annual Report
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).

Police Chief Bisa French gave an overview and Captain John Lopez presented a PowerPoint, which highlighted the following: Introduction and Mission; What is Assembly BIll 481; What Military Equipment means; Purpose of the equipment; RPD's Equipment Inventory; Mobile Command Center; Breaching Shotguns; Rifles, SMG's, Chemical Agents, Flashbangs, Kinetic Energy/Less Lethal platforms; Equipment use summary; Projected acquisitions for 2024; Summary of complaints or concerns from 2023; Fiscal impact; and Training cost. Discussion ensued.

Jamin Pursell gave comments in person. Raymond Wendell, John Poland, Emily Ross, Deborah Small, Sara Cantor, Marisol Cantu, Angela Aranda, Domemichi, Genie Stowers, and Carmen gave comments via Zoom.
(At 10:58 p.m. a motion was made by Councilmember Willis, seconded by Councilmember Bana to extend the meeting for15 minutes. A substitute motion was made by Vice Mayor Jimenez, seconded by Councilmember McLaughlin, extended the meeting until the conclusion of Item Q.2., passed by the following vote: Ayes: Councilmembers McLaughlin, Robinson, Vice Mayor Jimenez, and 129
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Mayor Martinez. Noes: Councilmembers Bana and Willis. Absent:

Councilmember Zepeda. Abstain: None).

Further discussion ensued.
(At 11:29 p.m. a motion made by Councilmember McLaughlin, seconded by Vice Mayor Jimenez, suspended the rules and extended the meeting until the conclusion of Item Q.2., passed by the following vote: Ayes: Councilmembers Bana, McLaughlin, Robinson, Willis, Vice Mayor Jimenez, and Mayor Martinez.

Noes: None. Absent: Councilmember Zepeda. Abstain: None).

A motion made by Councilmember McLaughlin, seconded by Vice Mayor Jimenez directed staff to amend the resolution and the military equipment use policy as follows:

Directed staff to amend the resolution and military equipment use policy:
● to define use to include “deploy, display and discharge” ● direct staff to amend the authorized uses of flashbangs to ○ Add a definition for “barricaded suspect”
○ Add a definition for “high risk warrant services”
○ Replace “When the SRT Commander or SWAT Commander deems their use necessary” with the criteria used to make that determination ● direct staff to bring forth the amended resolution to the City Council at the next meeting
Vice Mayor Jimenez made a friendly amendment to direct staff to include a description for each use of military equipment in all future annual military equipment reports. This description shall include the location of use, demographics of persons impacted by the use, including age, gender, race, and disability status, and whether the persons impacted may be unhoused and whether they understand English.

And also, to direct staff to comply with California Government Code Section 7072(a)(4) in all future annual military equipment reports. Staff shall include in all future annual military equipment reports the total annual cost for each type of military equipment, including personnel time associated with acquisition, training, transportation, and maintenance. This motion is not for immediate implementation, but rather to identify needed resources to implement it.

Councilmember McLaughlin accepted the friendly amendment.

Motion by Councilmember Gayle McLaughlin
Seconded by Vice Mayor Claudia Jimenez
Ayes (6): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Absent (1): Councilmember Cesar Zepeda
Passed (6 to 0)
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R. ADJOURNMENT
There being no further business, the meeting adjourned at 12:08 a.m., in memory of Cindy Biteman, a Richmore Village Resident; Beryl Golden, member of the Shoreline Committee Working Group; and Audrey Jenkins, resident of Heritage Park and a member of ACCE, to meet again on May 21, 2024.

Clerk of the City of Richmond Mayor
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May 21,2024
City Council
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Vice Mayor Claudia Jimenez and Councilmember Willis Subject: Resolution to Support SEIU CIR Members for a Fair Contract with LifeLong Medical
FINANCIAL IMPACT: No Fiscal Impact.

PREVIOUS COUNCIL
ACTION:

No previous action on this issue.

STATEMENT OF THE
ISSUE:

Improve the recruitment and retention of highly skilled resident physicians to Richmond community-based
program at LifeLong Medical.

RECOMMENDED ACTION: ADOPT a resolution that urges LifeLong Medical to offer a competitive salary, safe overnight accommodations,
and transparent disciplinary procedures to better recruit and retain resident physicians within the City of
Richmond – Vice Mayor Claudia Jimenez (510-620-6565)
and Councilmember Melvin Willis (510-412-2050).

DISCUSSION:

In order to retrain and recruit highly skilled physicians to Richmond, we must ensure our residency programs are staying competitive with others in the Bay Area. The community-based program at Lifelong Medical Center is one of the lowest paid AGENDA
REPORT
132

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May 21,2024
residency programs in the region, impacting its desirability for medical students seeking to train in the East Bay.

The resident physicians, represented by SEIU/CIR, are in bargaining with management, and they have been offered a last-best-final proposal that keeps up with neither the cost of living in the area, nor the pay at neighboring programs. The residents are also fighting for transparent disciplinary procedures to ensure they have the adequate support to graduate on time; and safe overnight accommodations to put an end to the unfortunate trend of car accidents associated with the night shift.

LifeLong Medical Center is a community-based program, where resident physicians self-select because they want to serve all members of the community. They are committed to Richmond, and we must show them the same support so we may continue to bring quality healthcare providers to our city.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
133
Reso. No. _____

Page 1 of 2 ends

RESOLUTION NO. ______

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

CALIFORNIA, SUPPORTING COMPETITIVE SALARIES FOR BAY AREA

AFFORDABILITY FOR RESIDENT PHYSICIANS TRAINING AT LIFELONG

MEDICAL CENTER
WHEREAS, LifeLong Medical Center in Richmond has demonstrated a commitment to providing exceptional medical care and training opportunities for resident physicians; and WHEREAS, resident physicians play a vital role in delivering high-quality patient care and are integral to the healthcare ecosystem; and
WHEREAS, the Bay Area, known for its high cost of living, poses significant financial challenges for resident physicians, hindering their ability to afford housing and meet basic living expenses; and
WHEREAS, offering competitive salaries to resident physicians will ensure they can afford to live in the Bay Area, thereby attracting and retaining top talent; and WHEREAS, the safety and well-being of resident physicians are paramount, particularly after strenuous night shifts, necessitating safe accommodations to prevent accidents and ensure optimal patient care; and
WHEREAS, promoting transparency in disciplinary procedures not only protects the wellbeing and rights of patients but also reinforces the reputation and credibility of the residency program and the broader medical community; and
WHEREAS, supporting resident physicians at LifeLong Medical Center aligns with our commitment to fostering a robust healthcare workforce and promoting excellence in medical education; and
WHEREAS, it is imperative to recognize and value the contributions of resident physicians in advancing medical knowledge, improving patient care outcomes, and strengthening the healthcare infrastructure of our community; and
NOW, THEREFORE, BE IT RESOLVED, that we, the undersigned, fully support resident physicians training at LifeLong Medical Center in Richmond and urge LifeLong Medical to offer competitive salaries to ensure residents can afford to live in the Bay Area; and BE ITFURTHER RESOLVED, that we advocate for the provision of safe accommodations for resident physicians after night shifts to mitigate the risk of accidents and promote their overall well-being; and
BE IT FURTHER RESOLVED, that LifeLong Medical must prioritize and uphold transparent disciplinary procedures as integral components of fostering professionalism, ensuring quality patient care, and maintaining the highest standards of medical education and practice; and BE IT FINALLY RESOLVED, that we acknowledge the invaluable role of resident physicians in providing high quality and equitable patient care and affirm our commitment to their professional development, job satisfaction, and overall success in serving the healthcare needs of our community.
******************
134
Reso. No. _____

Page 2 of 2 ends

***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:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }
I 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
135

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May 21, 2024
Community Development
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Hector Rojas, Planning Manager
Subject: On-Call Environmental and Planning Consulting Services FINANCIAL IMPACT: The on-call services will be funded through applicant fees, comprehensive planning fees, capital improvement
project funds, and/or grants. Approval of these contracts will not result in an additional appropriation of funds.

Payment resources shall be identified prior to engaging each firm. Each contract will be for three years with an optional two-year extension. The payment limit for each contract shall not exceed $1,000,000 per firm.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Community Development is requesting authorization to
establish an on-call list of environmental and planning consulting services firms to expedite the contracting of these services when needed for specific city and private development projects. The on-call list would authorize
City staff to enter into service contracts with listed firms to provide Environmental Services and/or Planning
Consulting Services thereby saving time and costs
expended in selecting consultants on a project-by-project basis.

AGENDA
REPORT
136

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May 21, 2024
RECOMMENDED ACTION: ADOPT a resolution authorizing on-call Environmental and/or Planning Consulting Services contracts with
twenty (20) firms for as-needed services, in an amount
not to exceed $1,000,000 per firm, from July 1, 2024, to June 30, 2027, with two additional one-year extension
options not to exceed an additional $300,000 per
extension - Community Development Department - Lina
Velasco/ Hector Rojas 510-621-1220).

DISCUSSION:

On February 13, 2024, the City issued a Request for Qualifications (RFQ) for on-call Environmental and Planning Consulting Services. The RFQ was posted on the City’s BidsOnline System, and 991 vendors were notified (see BidsOnline Report in Attachment 2). Of the firms that were notified, 72 firms downloaded the RFQ, and 20 firms responded. The responses were reviewed by a panel consisting of staff from Community Development, City Manager’s Office, Richmond Housing Authority, and Public Works - Engineering. Twenty firms are recommended for the on-call list.

These firms are:
1 Acorn Environmental 11 Interwest Consulting Group
2 CSG Consultants, Inc. 12 LSA Associates
3 Douglas Herring &
Associates 13 M-Group
4 Dyett & Bhatia 14 MIG, Inc.
5 EMC Planning Group 15
Nichols Consulting Engineers,
Chtd.
6 Environmental Science
Associates 16 Opticos Design, Inc.
7 EPD Solutions 17 PlaceWorks
8 Fehr & Peers 18 Somos Group
9 FirstCarbon Solutions 19 Stantec Consulting Services Inc. 10 Good City Company 20 Terraphase Engineering Inc.

Qualifications were rated based on technical qualifications and experience, qualifications and experience of key personnel and sub-consultants, service/project approach and understanding, and fees. All firms responding to the RFQ were determined qualified to provide the proposed services. Some firms will only provide planning or environmental consulting services, and several firms will be on-call to provide services in both areas.

Each service contract will be for an amount not to exceed $1,000,000, over a three-year period, with two additional one-year options to extend for an additional $300,000 per extension year. Firms on the on-call list will be selected to perform specific project137

Page 3 of 3 ends

May 21, 2024
related work based on their project-related experience and availability. On-call service contracts will allow the City to provide necessary review and project evaluation services in an efficient and timely manner. These contracts will reduce staff costs and eliminate the three to four-month process required to select consultants on a project-by-project basis. No work is guaranteed to be provided by the City to any firm listed on the on-call list.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution Approving On-Call Environmental and Planning Consulting Services Firms
Attachment 2 – BidsOnline Report
Attachment 3 – Rating Matrix
138
Reso. No. _____

Page 1 of 3 ends

RESOLUTION NO. ______

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

CALIFORNIA, AUTHORIZING ON-CALL ENVIRONMENTAL AND/OR

PLANNING CONSULTING SERVICES CONTRACTS FOR AN AMOUNT NOT TO EXCEED $1,000,000 PER VENDOR OVER A THREE-YEAR PERIOD, WITH TWO

ADDITIONAL ONE-YEAR EXTENSION OPTIONS NOT TO EXCEED AN
ADDITIONAL $300,000 PER EXTENSION
WHEREAS, the Community Development Department anticipates needing services for Environmental and Planning Consulting services for the review of development projects and advanced planning projects; and
WHEREAS, the project-by-project bidding process for these services can take up to four months and involves significant per-project staff time and costs; and WHEREAS, the Community Development Department has demonstrated that the use of professionals draws from a list of on-call service firms that have undergone a competitive process eliminates much of the delay and costs associated with project-by-project bidding; and WHEREAS, in February 2024, the Community Development Department issued a Request for Qualifications (RFQ) for on-call Environmental and Planning Consulting Services through the City’s PlanetBids system; and
WHEREAS, 991 firms were notified, and 72 firms downloaded the RFQ; and WHEREAS, 20 firms responded to the RFQ, and all were reviewed by a panel consisting of staff from Community Development, City Manager’s Office, Richmond Housing Authority, and Public Works - Engineering Division; and
WHEREAS, in evaluating the qualifications, the panel evaluated the responses based on each firm’s technical qualifications and experience, qualifications and experience of key project staff and subconsultants, and their service/project understanding approach; and WHEREAS, the firms recommended for Environmental and/or Planning Consulting Service on-call list are:

ENVIRONMENTAL ONLY CONSULTING SERVICES
Acorn Environmental
Douglas Herring & Associates
EPD Solutions
FirstCarbon Solutions
LSA Associates
Nichols Consulting Engineers, Chtd.

Stantec Consulting Services Inc.

Terraphase Engineering Inc.

PLANNING ONLY CONSULTING SERVICES
Good City Company
Opticos Design, Inc.

ENVIRONMENTAL & PLANNING CONSULTING SERVICES
CSG Consultants, Inc.

Dyett & Bhatia
EMC Planning Group
Environmental Science Associates
Interwest Consulting Group
Fehr & Peers
M-Group
MIG, Inc.

PlaceWorks
Somos Group
139
Reso. No. _____

Page 2 of 3 ends

WHEREAS, each on-call service contract would be for an amount not to exceed $1,000,000, over a three-year period, with two additional one-year extension options not to exceed an additional $300,000 per extension; and
WHEREAS, firms will be selected to provide on-call Environmental and Planning Consulting Services for development project review and evaluation, and advanced planning projects; and
WHEREAS, firms on the on-call list will be selected to perform specific project-related work based on their project-related experience and availability to complete the work; and WHEREAS, the Community Development Department will manage the contracts, and the cost of each work authorization issued under each contract will be identified before work is allowed to begin and are anticipated to be paid by applicant fees, comprehensive planning fees, capital improvement project fees, and/or grants.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond hereby authorizes City staff to enter into Service Contracts for on-call Environmental and/or Planning Consulting Services with the above-mentioned firms for an amount not to exceed $1,000,000 per vendor over a three-year period, with two additional one-year extension options not to exceed an additional $300,000 per extension.
******************
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 May 21, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

Page 3 of 3 ends

_______________________________________
Pamela Christian, Clerk of the City of Richmond
141
4/19/24, 4:41 PM PB System - Bid Summary
https://hub.planetbids.com/hub/bm/bm-detail/114378#bidSummary 1/6 On-Call Environmental CEQA and Contract Planning Con…
Bid Detail
Closed
Project Title On-Call Environmental CEQA and Contract Planning Consultant Services - RFQ
Invitation # CDD - 02132024
Bid Posting Date 02/13/2024 1:31 PM (PST)
Project Stage Closed
Bid Due Date 03/25/2024 12:00 PM (PDT)
Response Format Electronic only
Link to Project https://vendors.planetbids.com/portal/14590/bo/bodetail/114378 Reference ID
Project Type RFQual (Request for Qualification)
Response Types Response File
Type of Award Lump Sum
Categories 90607 - Architect Services, Professional
90629 - Environmental - Architectural
90657 - Land Development And Planning - Architectural
90664 - Planning, Urban (Community, Regional, Area Wide, And State)
90666 - Planning, Site (Installation And Project)
90700 - Architectural And Engineering Services, NonProfessional 91843 - Environmental Consulting
91892 - Urban Planning Consulting
92600 - Environmental And Ecological Services
96132 - Environmental Impact Studies
License
Requirements
Restriction None
Restricted To
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Attachment 2 -
142
4/19/24, 4:41 PM PB System - Bid Summary
https://hub.planetbids.com/hub/bm/bm-detail/114378#bidSummary 2/6 Bid Bond
Pre-Bid Meeting Information
Online Q&A
Department Community Development
Address 450 Civic Center Plaza
Richmond, California
94804
County Contra Costa
Bid Valid
Liquidated
Damages
Target Bid Amount
Estimated Bid Value
Start/Delivery Date
Project Duration
Prevailing Wage No
Cooperative Bid No
Piggy-backable No
eBid Notes Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp
from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

Bid Bond 0%
Payment Bond 0%
Performance Bond 0%
Pre-Bid Meeting No
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143
4/19/24, 4:41 PM PB System - Bid Summary
https://hub.planetbids.com/hub/bm/bm-detail/114378#bidSummary 3/6 Contact Information
Description
Documents
Online Q&A Yes
Q&A Deadline 03/07/2024 5:00 PM (PST)
Contact Info Soco Montore 510-620-6705
[email protected]
Bids to
Owner's Agent
Scope of Services The City’s Planning Division is seeking to retain several firms to provide on-call environmental/CEQA consulting services and on-call contract planning services.

Anticipated services may include but are not limited to the preparation of Environmental Impact Reports, Initial
Studies/Negative Declarations, or Mitigated Negative
Declarations, Addendums, preparation of related technical studies, and planning consultant services, including
processing of current planning development applications and management or assistance with long-range planning
initiatives as needed. These services will support the
Planning Division in its overall work program. Please note that consultants that only propose to provide either on-call environmental/CEQA or contract planning services are
encouraged to apply, as the City intends to utilize multiple consultants.

Other Details
Notes Contact Soco Montore for assistance in "Downloading Bid Documents" via email at [email protected].

Special Notices
Local Programs &
Policies
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144
4/19/24, 4:41 PM PB System - Bid Summary
https://hub.planetbids.com/hub/bm/bm-detail/114378#bidSummary 4/6 Vendor Notification
File Title File Name Status
Standard Contract.pdf Standard Contract.pdf On
Server
Insurance Type 2 -
Professional Services Sample Type 2 - Professional Services Contracts.pdf OnServer Sanctuary City Contracting
Ordinance
Sanctuary City Contracting and Investment Ordinance
12-18NS_2018.pdf
On
Server
Vendor Sanctuary City
Compliance Certification
Form
Vendor_SanctuaryCityComplianceCertification.docx On
Server
LLC Resolution 86-21-LLC
Compliance.pdf Approved Resolution 86-21-LLC Compliance.pdf OnServer LLC-Disclosure Statement
for LLC.docx Procurement-Disclosure Statement for LLC.docx OnServer On-Call
Environmental/CEQA and
Planning Consulting
Services - RFQ
On-Call Environmental CEQA and Planning Services
RFQ - FINAL.pdf
On
Server
Download Cost $0.00
Agency
Notifications
991 City of Richmond vendors notified
02/13/2024 1:31 PM (PST)
978 vendors notified
02/27/2024 9:09 AM (PST)
10 vendors notified
02/29/2024 12:15 PM (PST)
1 vendor notified
02/29/2024 12:28 PM (PST)
No vendors notified
02/29/2024 12:42 PM (PST)
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Q&A
Unreleased Questions
Released Questions
Email History
No vendors notified
03/13/2024 4:17 PM (PDT)
2 vendors notified
Feb 29, 2024
Addendum No. One ON-CALL CEQA AND CONTRACT PLANNING CONSULTANT

SERVICES RFQ
03/07/2024 4:49 PM (PST) Exhibit B is "Payment Provisions". We have noted that Exhibit F outlin...

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146
4/19/24, 4:41 PM PB System - Bid Summary
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February 29, 2024 12:28 PM (PDT)
Addenda: Addendum Issued for On-Call Environmental CEQA and Contract Planning Consultant Services - RFQ (CDD - 02132024), with a bid due date of March 25, 2024 12:34 PM (Pacific)
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147
Vendor Name Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4 Reviewer 5 TOTAL Rank 1 PlaceWorks 36 66 67 60 67 296 1
2 Dyett & Bhatia 39 65 62 58 70 294 2
3 Interwest Consulting Group 31 67 64 61 70 293 3
4 Environmental Science Associates 28 64 65 59 66 282 4 5 Nichols Consulting Engineers, Chtd. 28 66 63 57 67 281 5 6 FirstCarbon Solutions 36 65 64 53 58 276 6
7 Good City Company 31 60 68 54 63 276 6
8 Opticos Design, Inc. 28 67 63 57 61 276 6
9 MIG, Inc. 28 63 65 59 60 275 7
10 Terraphase Engineering Inc. 28 64 66 55 54 267 8
11 M-Group 25 64 65 53 59 266 9
12 Stantec Consulting Services Inc. 31 62 61 56 56 266 9 13 CSG Consultants, Inc. 31 61 61 51 61 265 10
14 EMC Planning Group 27 62 61 58 56 264 11
15 LSA Associates 28 65 64 55 51 263 12
16 Fehr & Peers 24 67 60 56 55 262 13
17 Acorn Environmental 27 63 62 49 60 261 14
18 Douglas Herring & Associates 28 62 57 49 58 254 15
19 EPD Solutions 25 60 63 56 49 253 16
20 Somos Group 24 59 61 41 49 234 17
On-Call Environmental CEQA and Contract Planning Consultant Services Request for Qualifications (RFQ)
April 23, 2024
148

Page 1 of 2 ends

May 21, 2024
Finance Department
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager
Subject: Tax Rate for Tax Override Pension Fund
FINANCIAL IMPACT: The tax levy on the taxable and personal property located within the Taxing Districts is expected to yield $28.5
million to the City of Richmond’s Tax Override Pension
Fund. The tax rate is unchanged from the prior year.

The revenue is tied to the changes in Assessed
Valuations for Richmond properties.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The proposed ordinance sets the tax rate for the Tax
Override Pension Fund for Fiscal Year 2024-2025 at 0.14 percent, which is unchanged from the prior fiscal year.

RECOMMENDED ACTION: ADOPT an Ordinance (second 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).

AGENDA
REPORT
149

Page 2 of 2 ends

May 21, 2024
DISCUSSION:

The proposed ordinance is pursuant to Section 13.16.010 of the Municipal Code of the City of Richmond, which requires the City Council to determine and annually fix the rate for each Taxing District of the City.

The tax rate for the Tax Override Pension upon all taxable real and personal property assessed in the City of Richmond, County of Contra Costa, State of California, for the fiscal year beginning July 1, 2024, and ending June 30, 2025, is determined and should be set at 0.14 percent. This determined rate is unchanged from prior years and is consistent with bond covenants that require the City to charge a maximum rate of 0.14 percent. Proceeds in excess of the bond repayment requirements are applied to relieve the City of qualified pension costs paid by the City’s General Fund.

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance
150
ORDINANCE NO. ______________

AN ORDINANCE OF THE CITY OF RICHMOND SETTING THE TAX RATE FOR THE TAX OVERRIDE PENSION FUND FOR FISCAL YEAR 2024-2025 WHEREAS, Section 13.16.010 of the Municipal Code of the City of Richmond mandates the City Council to determine and annually fix the tax rate for each revenue district of the City no later than its regular meeting in September; and WHEREAS, Article 13, Section 1b of the Constitution of the State of California permits the levy of ad valorem tax to pay the interest and redemption charges on any indebtedness approved by the voters prior to July 1, 1978.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond does ordain as follows:

Section 1. The rate of City tax upon all taxable real and personal property assessed in the City of Richmond, County of Contra Costa, State of California for the Fiscal Year beginning July 1, 2024, and ending June 30, 2025, is hereby determined and fixed as follows:

FUND TAX RATE
Tax Override Pension 0.1400
Section 2. The tax for said Fiscal Year is hereby levied upon the taxable and personal property located within the Taxing Districts as noted above at said rates as hereinabove fixed.
151
*****************************
First introduced at a regular meeting of the City Council of the City of Richmond held on May 7, 2024, and finally passed and adopted at a regular meeting held on May 21, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
_____________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
152

Page 1 of 3 ends

May 21, 2024
Fire Department
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Michael E. Smith, Interim Fire Chief
Aaron Osorio, Deputy Fire Chief
Richard Diaz, Emergency Service Manager
Subject: Approve the Upgraded Service by Everbridge, Inc. (Nixle) to Provide the Platform for the City of Richmond’s
Emergency Notification System
FINANCIAL IMPACT: Expenditures will come from multiple account strings listed below. Funding for Fiscal Year 2023-24 is included in the Fire Department budget.

Account Strings: 11702022-400502-2A102; 11702022-
400201-2A102

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The Fire Department is seeking ratification and approval of a prior executed contract to upgrade the service and continue its existing agreement with Everbridge, Inc.
(Nixle) to provide the platform for the City of Richmond’s Emergency Notification System, which will address the
current need for prompt internal emergency notifications as well as emergency and non-emergency public
notification in multiple languages.

AGENDA
REPORT
153

Page 2 of 3 ends

May 21, 2024
RECOMMENDED ACTION: APPROVE AND RATIFY the upgraded service by Everbridge, Inc. (Nixle) dated July 1, 2023, to provide the platform for the City of Richmond’s Emergency
Notification System, for a total amount not to exceed
$76,112.82, for a three-year term ending June 14, 2026, with a two-year extension option not to exceed an
additional $50,741.88 for the extended term – Fire
Department (Chief Michael E. Smith 510-307-8041/Chief
Aaron Osorio 510-307-8021/Richard Diaz 510-307-
8161).

On June 11, 2018, the City of Richmond entered into a sole-source Master Service Agreement with Everbridge, Inc. (Nixle). The service was to provide an emergency services notification platform to send alerts and advisories via SMS, email, web message, and landline. The City has been successful in pushing alerts and advisories to the community who opt-in to the system. Currently, the City’s Nixle database has 15,000 subscribers to text notifications and 7,000 subscribers to email notifications due to a long-term campaign. In addition, the City’s Nixle database has subscribers who live in our neighboring cities who can receive emergency notifications from us as hazardous incidents encroach upon them.

In July 2023, the Richmond Fire Department executed a contract for $76,112.82 to upgrade the service to include additional communication channels, users, and key features (e.g., unlimited mass notification and incident templates, map-based drawing, and selection tools) to its current service. Richmond Fire Department needs approval from City Council to approve and ratify its prior executed contract dated July 1, 2023, for upgraded services. The upgraded service is advantageous as the City of Richmond will have additional users who may be able to push alerts and advisories. The City’s previous service only allowed for one (1) designated user, whereas the upgraded service allows multiple designated users from the Police and Fire Departments.

Additionally, the upgraded service has map and rule-based capabilities where designated personnel may push different alerts and advisories based on specific geographic locations; as well as notifications to the public when they are entering an incident zone.

Department staff members are requesting approval of the prior executed sole-source agreement with Everbridge, Inc. (Nixle), in the amount of $76,112.82, for a three-year term, with an option of another two years to extend for both time and money. Nixle, an Everbridge, Inc. product, is an online emergency notification system designed to issue community alerts and advisories via text messages, emails, and phone calls to landlines for anyone who wishes to opt into the system.

Everbridge, Inc.’s acquisition of Nixle represents an expansion of features, which includes existing Nixle capabilities plus additional functionalities such as multiple languages, the ability for authorized City staff to issue an alert from a mobile device and possibilities of integration with our existing Communications Center dispatch system. 154

Page 3 of 3 ends

May 21, 2024
Everbridge, Inc. (Nixle) will be used by designated Police and Fire personnel to push alerts that are health and life-threatening. Similarly, community advisories will be used to push important information the community needs to remain at a safe distance from hazards or to avoid specific areas due to police or public works activities.

Everbridge, Inc. (Nixle) has been adopted by various entities in the State, including local governments, academic institutions, and private companies. In addition, Everbridge, Inc. (Nixle) fills a gap in the Contra Costa County Community Warning System (CWS).

Everbridge, Inc. (Nixle) pushes alerts and advisories to individuals who opt-in to the system, whereas CWS has generally focused on urgent actions to take, i.e., shelter-inplace, evacuations. The City has been using Nixle since 2018 and has been successful in pushing alerts and advisories. Contracting the City’s emergency notification will constitute another massive advertisement and pose a gap in our emergency notifications. The Richmond Fire Department asks City Council to approve and ratify its contract with Everbridge, Inc. (Nixle) executed in July 2023 for upgraded services.

DOCUMENTS ATTACHED:

Attachment 1 – Nixle Sole Source Justification
Attachment 2 – Nixle Master Service Agreement (2018)
Attachment 3 – Contract Executed July 2023
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177

Page 1 of 2 ends

May 21, 2024
Fire Department
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Michael E. Smith, Interim Fire Chief
Aaron Osorio, Deputy Fire Chief
Victor Bontempo, Training Director
Anthony Woodards, Battalion Chief
Den Mark Marcelo, Admin Services Coordinator
Subject: Air Monitoring Devices For Richmond Fire Department HAZMAT 64, Rescue 67, and Rescue 68
FINANCIAL IMPACT: The total cost of the air monitoring devices is approximately $47,000. Funding for Fiscal Year 2023-24
is included in the Fire Department budget. Account
Strings: 01204022-400382; 11702022-400603-20202.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The Richmond Fire Department needs to purchase air
monitoring device replacements for HAZMAT 64 and
equip Rescue 67 and Rescue 68 with their own air
monitoring devices.

RECOMMENDED ACTION: APPROVE the purchase of air monitoring devices and products from Mallory Safety and Supply, LLC. in an
amount not to exceed $47,000 – Fire Department (Chief
Michael E. Smith 510-307-8041/Deputy Chief Aaron
Osorio 510-307-8021/Battalion Chief Victor Bontempo
510-620-6893/Battalion Chief Anthony Woodards 510-
620-6989/ Den Mark Marcelo 510-307-8038).

AGENDA
REPORT
178

Page 2 of 2 ends

May 21, 2024
DISCUSSION:

The Richmond Fire Department ("Department") is a full-service department serving more than 115,000 Richmond residents during critical emergencies such as fire, medical, hazardous materials, and rescue incidents. With seven fire stations strategically located throughout the City, the Department also operates with special resources to effectively respond to various types of emergencies. Among these resources are the Hazardous Materials Response Team at Station 64 (HAZMAT 64), and Rescue Units 67 and 68 located at Stations 67 and 68, respectively.

The Department intends to purchase air monitoring devices for HAZMAT 64, Rescue 67, and Rescue 68. These devices are essential tools in safeguarding the lives of both personnel and the public during emergency response operations involving hazardous materials and confined spaces. The current inventory of the department’s air monitoring devices is outdated. It is therefore imperative to purchase new air monitoring devices to enhance the effectiveness and safety of our operations. Furthermore, purchasing new air monitoring devices for our specialized units will enhance the effectiveness and safety of our emergency response activities.

The Department is seeking City Council approval to purchase air monitoring devices from Mallory Safety and Supply, LLC. The total cost for the products is approximately $47,000, as detailed in the attached quote summary. The vendor is a qualified supplier known for providing equipment that adheres to industry standards and regulatory mandates. It is imperative that the City Council approves this request so that our department is equipped with reliable air monitoring devices that meet industry standards and regulatory requirements.

DOCUMENTS ATTACHED:

Attachment 1 – Quote Summary Form and Quotes
179
Division/Department:
_________________________
Quote Summary Form Form completed by: _____________________ PR# Bidders' Names:

Unit Ext. Unit Ext. Unit Ext.

Price Price Price Price Price Price
Item 1 price: $___________ $___________ $___________ $___________ $___________ $___________

1. Descript:

Manufacturer offered by bidder:Model offered by bidder:Item 2 price: $___________ $___________ $___________ $___________ $___________ $___________

2. Descript:

Manufacturer offered by bidder:Model offered by bidder:Item 3 price: $___________ $___________ $___________ $___________ $___________ $___________

3. Descript:

Manufacturer offered by bidder:Model offered by bidder:Item 4 price: $___________ $___________ $___________ $___________ $___________ $___________

4. Descript:

Manufacturer offered by bidder:Model offered by bidder:Item 5 price: $___________ $___________ $___________ $___________ $___________ $___________

5. Descript:

Manufacturer offered by bidder:Model offered by bidder:Sub-Total: $__________ $__________ $__________Shipping & Handling, if any $__________ $__________ $__________Add tax at current rate (9.75%) $__________ $__________ $__________Grand Total $ $$ Notes:

Mfg:Mdl:

Mfg:

Mfg:Mdl:

Mdl:

Mfg:Mdl:

Mdl: Mdl: Mdl:

Mfg:Mdl:

Quote Title: (Project name) (Vendor 1) (Vendor 2) (Vendor 3)Quote No.Quote Submittal Deadline:

Mfg:Mdl:

Use more pages as necessary 12 DEC 2022 1 180

QUOTATION
3523645
Order Date
Order Number
4/16/2024 12:50:42
Page
1 of 1
Quote Expires On 6/15/2024
Purchase Order Address:

PO Box 2068
Longview, WA 98632

ESTIMATED DATE
5/3/2024 00:00:00
RICHMOND, CA 94804
Richmond Fire Department
440 Civic Center Plaza 2nd Floor
Richmond , CA 94804
US
Requested By: Battalion Chief VICTOR BONTEMPO
Customer ID:

PO BOX 4046
ATTN: ACCOUNTS PAYABLE
Bill To: Ship To:

CITY OF RICHMOND-FIRE DEPT
510-307-8031
36063 Freight Code: Job Name:

PO Number Ship Route Taker
DGOMEZ
Carrier

UPS - PREPAID FREIGHT
Item ID
Item Description Remaining
Quantities
UOM
Disp.

Unit Size
Pricing
UOM Unit
Price
Unit Size
Price
Extended
Line No
Ordered Allocated
1 6.0000 0.0000 6.0000 EA MSAIN-10116924 EA 2,895.53 17,373.18

1.0 Altair 5X 4-Gas Mono, O2,LEL,CO,H2S 1.0
LEL/O2/CO/H2S
2 6.0000 0.0000 6.0000 EA MSAIN-10128626 EA 3,196.27 19,177.62

1.0 GX2 GALAXY AUTOMATED TEST 1.0
SYSTEM
Altair 5X docking station with charger with one
valve
3 3.0000 0.0000 3.0000 EA MSAIN-10105756 EA 1,482.00 4,446.00

1.0 GX2 CAL GAS CYLINDER HOLDER 1.0
ASSEMBLY GX2
4 3.0000 0.0000 3.0000 EA MSAIN-10048280 EA 371.80 1,115.40

1.0 CYLINDER: CAL GAS 34L 1.45% CH4 1.0
15% O2, 60PPM CO, 20PPM H2S
SUB-TOTAL:

Total Lines: 4
42,112.20
TAX: 4,105.96
U.S. Dollars
AMOUNT DUE: 46,218.16

19.1.3681 - 09/23/19
181

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Page 1 of 2 ends

May 21, 2024
Human Resources
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager, Internal Services Sharrone Taylor, Director of Human Resources
Subject: Annual Compensation Adjustment for the City Clerk FINANCIAL IMPACT: The compensation adjustment will increase the City Clerk’s base salary by approximately $9,438.00 annually (for an estimated total compensation of $ ~276,053) and can be absorbed in the budget of the City Clerk’s
Department (Clerk’s budget - Funding Source:
01141013-Multiple).

PREVIOUS COUNCIL
ACTION:

Not Applicable

STATEMENT OF THE
ISSUE:

Approval by the City Council in open session is required to authorize a compensation adjustment for the City
Clerk.

RECOMMENDED ACTION: APPROVE a five percent salary adjustment for the City Clerk effective March 2, 2024, in accordance with the
IFPTE Local 21 Executive Management MOU Section

6.4.D – Human Resources Department (Sharrone
Taylor/Nickie Mastay 510-620-6602).

AGENDA
REPORT
187

Page 2 of 2 ends

May 21, 2024
DISCUSSION:

On March 21, 2023, the City Council received a report about the City Clerk's achievements and future goals. The report also included instructions for conducting a comprehensive annual evaluation of the City Clerk. However, since the City Clerk's anniversary date has passed and she did not receive her evaluation within sixty days of her anniversary date, the IFPTE Local 21 Memorandum of Understanding Section 6.4.D states that she must be granted an automatic five percent (5%) increase.

As a result, City staff are requesting approval from the City Council for the City Clerk's annual salary adjustment. The compensation adjustment will be retroactive to March 2, 2024, and will increase the City Clerk's base salary from $188,766 annually to $198,214.88 annually, which is a five percent increase. This adjustment is within the currently approved salary range for the position of City Clerk.

The City Clerk's total compensation, including base salary and dollar-cost benefits, is approximately $276,053 annually.

Compensation Components Amount
Base Salary $198,214
Car Allowance $4,200
Benefits Package (medical, dental, vision, etc.) $29,042 CalPERS (Normal Cost + Unfunded Liability) $44,597
Total Estimated Annual Compensation ~$276,053
DOCUMENTS ATTACHED:

None
188

Page 1 of 3 ends

May 21, 2024
Human Resources
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager, Internal Services
Sharrone Taylor, Director of Human Resources
Subject: Adoption of Cesar Chavez Day and Juneteenth as Official City Holidays
FINANCIAL IMPACT: The estimated fiscal impact of two paid holidays for all bargaining units is approximately $1.6 million.

PREVIOUS COUNCIL
ACTION:

Not Applicable

STATEMENT OF THE
ISSUE:

City Council approval is required to approve side letter agreements between the City and the unions to adopt
Cesar Chavez Day and Juneteenth as paid holidays for
all bargaining groups.

RECOMMENDED ACTION: ADOPT a resolution approving the Side Letters between the City of Richmond and Service Employees
International Union (SEIU) Local 1021 (Full-Time and
Part-Time Units), International Federation of Professional and Technical Engineers (IFPTE) Local 21 (MidManagement and Executive Management Units), Richmond Police Officers Association (RPOA), Richmond
Police Management Association (RPMA), International
Association of Fire Fighters (IAFF) Local 188, Richmond Fire Management Associations (RFMA) – Human
Resources Department (Sharrone Taylor/Nickie Mastay
510-620-6602).

AGENDA
REPORT
189

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May 21, 2024
DISCUSSION:

The City of Richmond strives to be an employer of choice and recognizes the value City staff provide to our community. Cesar Chavez Day and Juneteenth holidays serve as an opportunity to honor historical figures and events that have significantly shaped our society.

Cesar Chavez Day (March 31
st) celebrates the life and work of Cesar Chavez, a
prominent civil rights activist who co-founded the United Farm Workers Union. Chavez's efforts were pivotal in improving work and living conditions for farm workers and advocating for their rights through non-violent methods. Recognizing Cesar Chavez Day as a City of Richmond holiday underscores the value of advocacy, perseverance, and the impact of collective action in achieving social justice and labor rights.

Juneteenth (June 19th), also known as Freedom Day, commemorates June 19, 1865, the day when the last enslaved African Americans in the Confederacy were informed of their freedom, two and a half years after the Emancipation Proclamation was issued.

Observing Juneteenth as a City of Richmond holiday acknowledges a crucial turning point in American history. It provides an opportunity to reflect on the ongoing fight for civil rights, while also celebrating the progress made towards achieving equality for all citizens.

By recognizing these days as official City holidays, the City of Richmond sets an example in valuing diversity, equity, and inclusion. It encourages education and awareness among City of Richmond employees and the broader community about the significance of these historical events and figures. Moreover, it reinforces the commitment to continue working towards a community that upholds the principles of justice, equity, and human rights for all.

With the City Council’s approval, Cesar Chavez Day (March 31st) and Juneteenth (June 19th) will be added to the City’s Holiday Schedule and City Hall will be closed in observance of these two holidays. The first observance of Juneteenth will be June 19, 2024. Since Cesar Chavez Day has already occurred in 2024, the first observance will occur in 2025.

Additionally, the City has met and conferred in good faith with the City’s eight bargaining units regarding the adoption of the two new City holidays. Side letters are required to 190

Page 3 of 3 ends

May 21, 2024
amend the Memorandums of Understanding (MOU) to add Cesar Chavez and Juneteenth holidays to the existing holiday provisions of each MOU prospectively.

NEXT STEPS:

City staff is requesting that the City Council adopt the resolution approving the Cesar Chavez Day and Juneteenth holiday side letter agreements between the City of Richmond and Service Employees International Union (SEIU) Local 1021 (Full-Time and Part-Time Units), International Federation of Professional and Technical Engineers (IFPTE) Local 21 (Mid-Management and Executive Management Units), Richmond Police Officers Association (RPOA), Richmond Police Management Association (RPMA), International Association of Fire Fighters (IAFF) Local 188, Richmond Fire Management Associations (RFMA).

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment A – Side Letter with SEIU Local 1021 General Employees Attachment B – Side Letter with SEIU Local 1021 Part-Time and Intermittent Employees Attachment C – Side Letter with Local 21 Mid-Management Unit Attachment D – Side Letter with Local 21 Executive Management Unit Attachment E – Side Letter with RPOA (Richmond Police Officers Association Attachment F – Side Letter with RPMA (Richmond Police Management Association Attachment G – Side Letter with IAFF Local 188 (International Association of Fire Fighters)
Attachment H – Side Letter with RFMA (Richmond Fire Management Association) 191
RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA

APPROVING THE SIDE LETTER REGARDING ESTABLISHING CESAR CHAVEZ DAY

AND JUNETEENTH AS CITY OBSERVED HOLIDAYS BETWEEN THE CITY OF

RICHMOND AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021 (FULL-TIME AND PART-TIME UNITS), INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS (IFPTE) LOCAL 21 (MIDMANAGEMENT AND EXECUTIVE MANAGEMENT UNITS), RICHMOND POLICE

OFFICERS ASSOCIATION (RPOA), RICHMOND POLICE MANAGEMENT

ASSOCIATION (RPMA), INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) LOCAL 188, RICHMOND FIRE MANAGEMENT ASSOCIATIONS (RFMA).

WHEREAS, the City has negotiated in good faith with Service Employees International Union (SEIU) Local 1021 (Full-Time and Part-Time Units), International Federation of Professional and Technical Engineers (IFPTE) Local 21 (Mid-Management and Executive Management Units), Richmond Police Officers Association (RPOA), Richmond Police Management Association (RPMA), International Association of Fire Fighters (IAFF) Local 188, Richmond Fire Management Associations (RFMA), regarding adopting Cesar Chavez Day and Juneteenth as City of Richmond observed holidays; and
WHEREAS, the parties have executed a Side Letter on terms to observe Cesar Chavez and Juneteenth by adding them to the list of City-paid holidays in the respective Memorandum of Understanding with each bargaining unit; and
WHEREAS, each Side Letter shall not bind the parties until they are ratified by a majority of the membership of each bargaining unit and ratified by the City Council; and WHEREAS, the adoption of these Side Letters will support a stable and amicable labor relations environment in the City.

NOW THEREFORE, BE IT RESOLVED, that effective May 21, 2024, that the City Council of Richmond approves the Side Letters between the City and the Service Employees International Union (SEIU) Local 1021 (Full-Time and Part-Time Units), International Federation of Professional and Technical Engineers (IFPTE) Local 21 (Mid-Management and Executive Management Units), Richmond Police Officers Association (RPOA), Richmond Police Management Association (RPMA), International Association of Fire Fighters (IAFF) Local 188, Richmond Fire Management Associations (RFMA) adopting Cesar Chavez Day and Juneteenth as City observed holidays, the terms of which are set for and marked as Exhibits A, B, C, D, E, F, G, and H to the agenda report in support of the resolution. -----------
192
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
193
194
195
196
197
SIDE LETTER AGREEMENT BETWEEN IFPTE LOCAL 21 MID-MANAGEMENT AND

CITY OF RICHMOND

HOLIDAYS

Page 1 of 2 ends

The City of Richmond (“City”) and the IFPTE Local 21 Mid-Management Unit (“Unit”) (collectively, “the Parties”) have met and conferred in good faith pursuant to California law regarding the Juneteenth and Cesar Chavez holidays. The Parties hereby agree that the City will add Juneteenth and Cesar Chavez to Article 9, Section 166 of the Parties’ 2021-2025 Memorandum of Understanding. Article 9, Section 166 will be amended to read as follows:
166. All regular, full-time classified employees shall be allowed a fully paid leave of absence on the following named holidays:

Independence Day July 4
Labor Day First Monday in September
Admission Day September 9
Columbus Day Second Monday in October
Veteran's Day November 11
Thanksgiving Holidays Fourth Thursday in November
and the Friday following
Christmas Day December 25
New Year's Day January 1
Martin Luther King Jr. Birthday Third Monday in January Presidents' Day Third Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Article 9, Section 167 will be revised as follows:

In addition to the holidays listed in the preceding paragraph, each employee shall be granted five (5) days and two (2) hours paid floating holidays per calendar year which may be taken at any time during the calendar year subject to the approval of the employee's Department Head. Said holidays must be taken during each calendar year and may not be carried over from one calendar year to the next. To be eligible for such holiday, an employee must have been working for the City prior to September 1 of the calendar year. It is understood that one of these floating holidays has been created in recognition of Cesar Chavez’ Birthday and in the event that day becomes generally observed as a fixed holiday, the parties agree to convert one floating holiday to that fixed holiday.

The amended Article 9, Sections 166 and 167 take effect the first full pay period following City Council adoption of this Side Letter Agreement. New holidays will not be provided on a retroactive basis.
198
199
SIDE LETTER AGREEMENT BETWEEN IFPTE LOCAL 21 EXECUTIVE

MANAGEMENT AND CITY OF RICHMOND

HOLIDAYS

Page 1 of 2 ends

The City of Richmond (“City”) and the IFPTE Local 21 Executive Management Unit (“Unit”) (collectively, “the Parties”) have met and conferred in good faith pursuant to California law regarding the Juneteenth and Cesar Chavez holidays. The Parties hereby agree that the City will add Juneteenth and Cesar Chavez to Article 8.12 of the Parties’ 2021-2025 Memorandum of Understanding. Article 8.12(A) will be amended to read as follows:

A. All regular, full-time classified employees shall be allowed a fully paid leave of absence on the following named holidays:

Independence Day July 4
Labor Day First Monday in September
Admission Day September 9
Columbus Day Second Monday in October
Veteran's Day November 11
Thanksgiving Holiday Fourth Thursday in November
Day following Thanksgiving the Friday following Thanksgiving Christmas Day December 25
New Year's Day January 1
Martin Luther King Jr. Birthday Third Monday in January Presidents' Day Third Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Article 8.12(B) will be revised as follows:

B. In addition to the holidays listed in the preceding paragraph, each employee shall be granted five (5) days and two (2) hours paid floating holidays per calendar year which may be taken at any time during the calendar year subject to the approval of the employee's department director. Said holidays must be taken during each calendar year and may not be carried over from one calendar year to the next. To be eligible for such holiday, an employee must have been working for the City prior to September 1 of the calendar year. It is understood that one of these floating holidays has been created in recognition of Cesar Chavez’ Birthday and in the event that day becomes generally observed as a fixed holiday, the parties agree to convert one floating holiday to that fixed holiday.

The amended Articles 8.12(A) and 8.12(B) take effect the first full pay period following City Council adoption of this Side Letter Agreement. New holidays will not be provided on a retroactive basis.
200
201
202
203
204
205
206
207
208
209

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May 21, 2024
Human Resources
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager
Sharrone Taylor, Director of Human Resources
Subject: Amend Staffing (Position Control) and Appropriate Funds as Required
FINANCIAL IMPACT: The fiscal impact for the Community Development - Planning Department is approximately $19,805 (Salary
15061219-400002) and the fiscal impact for the
Community Services Department is approximately
$13,619 (Salary 01250051-400002). All projections are
approximations for one month, and the final fiscal impact will be determined once the vacancies are filled.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The City Council’s authorization is required to amend
staffing (position control) and appropriate funds.

RECOMMENDED ACTION: ADOPT a resolution amending position control to add a Senior Planner for the Community Development
Department, and a grant-funded Administrative Analyst
for the Community Services Department - Recreation;
and APPROPRIATE associated salaries, wages, and
benefits from the funding source as required – Human
Resources Department (Nickie Mastay/ Sharrone Taylor
510-620-6602).

AGENDA
REPORT
210

Page 2 of 3 ends

May 21, 2024
DISCUSSION:

COMMUNITY DEVELOPMENT – PLANNING DEPARTMENT
The Community Development Department requests the addition of one (1) Senior Planner.

Senior Planner
The Planning Department within the Community Development Department has requested the addition of a Senior Planner. This position is intended to manage highpriority and complex planning projects, improve project outcomes, generate revenue, increase efficiency, and enhance the effectiveness of the Planning unit. It should be noted that this position will be funded one hundred percent (100%) by cost recovery and will not have an impact on the General Fund.

COMMUNITY SERVICES
The Community Services Department requests the addition of one (1) grant-funded Administrative Analyst.

Administrative Analyst
The City of Richmond received a $750,000 grant from the State of California to support the "Local Government: Connecting Neighbor to Neighbors" initiative aimed at combating community isolation, boosting volunteerism, and strengthening social ties in Richmond neighborhoods. The grant funds a collaboration with the Richmond Neighborhood Coordinating Council to conduct surveys and workshops and implement over 80 neighborhood and multi-neighborhood projects through January 2026.

A grant-funded Administrative Analyst position is requested to manage the initiative, which is funded entirely by the grant. This role includes developing project plans, providing administrative support, managing an events platform, coordinating with stakeholders, administering contracts, procuring supplies, supervising interns, and ensuring grant compliance.

FISCAL IMPACT:

There is no fiscal impact on the General Fund for the addition of the Senior Planner as it will be funded through cost recovery. Furthermore, there is no fiscal impact on the General Fund for the addition of the Administrative Analyst as it is grant-funded.

Below is a table that illustrates the fiscal impact based on one month of salary and benefits to allow time for recruitment and onboarding. Below is an estimate, and the actual salary and benefits costs will be determined once the positions are filled. 211

Page 3 of 3 ends

May 21, 2024
Job Title Salary (Step 3) and Benefits (@80%)
1 month - June
Administrative Analyst ~$19,805
Senior Planner ~$13,619
SUMMARY:

City staff recommend approval of the resolution amending position control, which will modify position control in the following manner:

Position Control
Classification Department Unit
Add 1 Administrative Analyst
(Term) Community Services SEIU Local 1021 – General Employees Add 1 Senior Planner
Community
Development –
Planning
IFPTE Local 21 – MidManagement
In addition, City staff are requesting an appropriation of the required wages, salaries, and benefits from the funding source, as required.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution Amending Position Control
212
RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST AND APPROPRIATING FUNDING

AS REQUIRED
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.

WHEREAS, the Richmond City Council authorizes the Finance Department as directed by the City Manager to appropriate salary, wages, and salaries from the funding sources to Community Development (15061219-400002) and Community Services (01250051-400002) , as required.

NOW, THEREFORE, BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and
BE IT FURTHER RESOLVED, that, effective May 21, 2024, the City’s position control is hereby revised to add the following positions:

Classification Department Bargaining Group
Senior Planner Community Development – Planning IFPTE Local 21 Mid-Management Administrative Analyst (Term) Community Services SEIU Local 1021 – General Employees
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:

AYES:

NOES:

ABSTENTIONS:
213
ABSENT:
_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
214
Richmond Police Department
Crime Report
Council Report April 2024
Mayor Martinez, Council and Community,
The attached documents provide the statistical data related to crime for the month of April. In addition to the crime statistics, you will also find statistical information related to our use of the FLOCK camera system. This information includes the number of cases in which the License Plate Reader (LPR) cameras have assisted over the past month.

In the attached documents you will see that violent crimes decreased by 2% over the past month. There were no homicides, 81 aggravated assaults, 22 robberies and 11 sexual assaults. There was also a slight increase in property crimes of 3% with 22 burglaries, 104 thefts, 100 stolen vehicles and 4 arsons. Officers recovered 11 firearms during this reporting period.

Additionally, I would like to highlight a few significant cases that occurred over the past month.

Robbery/Carjacking
On March 23rd, 2024, a victim arrived at the Bank of America near Hilltop to deposit cash. While waiting at the ATM a blue Toyota arrived. Two suspects exited the vehicle and approached the victim. As the suspects approached, they motioned to their waistbands suggesting they had firearms. The suspect took the victims backpack and then approached the victim’s vehicle. A second victim was inside the vehicle and the suspects demanded that victim’s wallet and phone. The suspect then demanded the second victim to exit the vehicle. The suspects fled taking the victim’s vehicle as well as the vehicle they arrived in. The victim vehicle was tracked through GPS in San Francisco. A short time later Oakland PD advised they were in pursuit of the vehicle.

During the pursuit the stolen vehicle became disabled and the two suspects were taken into custody.

Wire Theft Arrest
There has been a significant increase in wire theft over the past several months. The thefts have caused internet outages throughout the city which impacts the quality of life of our residents. On April 17th we were able to arrest another suspect who was in the process of stealing AT&T wire from a service pole. This suspect also had multiple warrants out for his arrest.

Embezzlement
Between 2017 - 2022, the suspect was employed by Viking Pavers in the City of Richmond as a bookkeeper a forensic review. Over her five years of employment 215
with Viking Pavers, the suspect embezzled over $800,000.00 dollars from her employer.

The long investigation to include a forensic examination of bank records, confirmed the crimes. The case was reviewed by the Contra Costa County District Attorney's Office, and multiple charges were filed to include an enhancement for white collar crimes.

This was excellent work by our detectives who utilized a variety of investigative techniques to prove this case.

Residential Burglary Arrest
Officers responded to a burglary in progress in the 2600 block of Ohio Avenue. The owners of the home arrived to their residence and noticed items were strewn about. They then heard a sound of someone waking up. Officers arrived and saw the suspect flee the rear of the residence and make it over the back fence. Officers were able to detain and arrest the suspect.

Community Outreach
Our Crime Prevention unit organized a “Chat with the Chief” event on April 3rd. The Chief gave an overview on department staffing and crime issues and community members had the opportunity to ask questions.

The Police Department hosted students from Richmond High Law Academy. The students learned about career opportunities at the police department and were able to tour the various units of the department.

Bisa French
Chief of Police
Richmond Police Department
216
Richmond Police Department
Crime Statistics Report
1701 Regatta Blvd, Richmond CA 94804 May 1, 2024
** To provide crime stat data to the public as expeditiously as possible, the crime stats presented on this page are based on UNAUDITED RMS data gathered from police reports throughout all steps of the report writing process and are therefore subject to change until Records Audit and NIBRS validation is complete.

DATE: 4/1/24-4/30/24 (APRIL 2024)
VIOLENT CRIME:

Offense Type March April % Change
Homicide 1 0 -100%
Aggravated Assault 80 81 +1%
Robbery 28 22 -21%
Sexual Assault 7 11 +57%
Violent Crime Total 116 114 -2%
PROPERTY CRIME:

Offense Type March April % Change
Burglary
(Excludes Auto Burg.) 22 22 No Change
Theft
(Includes Auto Burg.) 138 104 -25%
Vehicle Theft 97 100 +3%
Arson 5 4 -20%
Property Crime Total 262 230 -12%
REPORTS/CALLS FOR SERVICE:

Report/CFS Type March April % Change
Impounds 368 365 -1%
Collision – Calls for Service 130 183 +40%
DUI Related – Traffic Collisions 5 2 -60%
DUI Reports 18 14 -22%
Sideshow – Calls for Service 4 9 +125%
Total Firearms Recovered 15 11 -27%
217

ARRESTS WITH THE

USE OF LPR

RICHMOND POLICE DEPARTMENT
Automated License Plate Reader Statistics

VEHICLE RECOVERIES

WITH USE OF LPR
Vehicle Theft
39 DATE: 1/1/24 - 4/30/24
May 1, 2024

CASES ASSISTED
BY LPR
(Identifying suspect
vehicle/Location, History, etc.)
110
34 LICENSE PLATE

RECOVERIES WITH

USE OF LPR
4 OFFENSES ASSOCIATED WITH ARRESTS
Embezzle Leased/
Rented Vehicle

LPR HOT LIST READS
Stolen Plate
Stolen Vehicle
Felony Vehicle
Total LPR Hot List Reads
Hot List Type Total Reads
22,257
1,033
120
23,876

YEAR-TO-DATE STATISTICS
Homicide
Organized Retail Theft Evade Peace Officer
Vehicle Recovery
Poss. of Stolen Vehicle
Poss. Controlled
Substance
Carry Loaded Handgun
Assault w Firearm on
Person
Felon/Addict in
Possession of a Firearm
218

Page 1 of 2 ends

May 21, 2024
Public Works
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Carl Capistrano, Facilities Maintenance Superintendent
Subject: Wadsworth Glass, Inc., Contract Amendment No. 2 FINANCIAL IMPACT: Additional funding will come from the Facilities Maintenance general fund account strings: 01232231-
400524 and 01232331-400524.

PREVIOUS COUNCIL
ACTION:

July 21, 2020

STATEMENT OF THE
ISSUE:

City staff is seeking to increase funding on the contract with Wadsworth Glass, Inc., for and additional $50,000.

RECOMMENDED ACTION: APPROVE a second contract amendment with Wadsworth Glass, Inc., increasing the amount by
$50,000, for a new total contract amount not to exceed
$150,000, to supply windows, materials, and services for City buildings – Public Works Department (Daniel
Chavarria 620-5478/Carl Capistrano 620-6896).

DISCUSSION:

The Public Works Department maintains and operates over 50 buildings, often requiring repairs to windows and doors in City Buildings. However, due to the wide variety of AGENDA
REPORT
219

Page 2 of 2 ends

May 21, 2024
glazing products and an increase in vandalism, maintaining an adequate inventory of all necessary products is not feasible. In addition, specialized knowledge or equipment is sometimes required to complete certain repairs, necessitating assistance from a qualified service provider.

The initial contract with Wadsworth Glass, Inc., for $100,000 was approved by the City Council on July 21, 2020, covering the term from July 1, 2020, through June 30, 2023. A first contract amendment, executed in June 2023, extended the term through June 30, 2025.

City staff members are now seeking to amend the contract with Wadsworth Glass, Inc., to increase the capacity by $50,000, resulting in a total contract amount not to exceed $150,000. This amendment will ensure the continued supply of window materials and facilitate necessary repairs to windows and doors as needed.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Contract Amendment No. 2
Attachment 2 – Executed Contract Amendment No. 1
Attachment 3 – Executed Original Contract
220

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original
contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

Public Works Carl Capistrano [email protected] (510) 620-5479 7447 5244 Provide window supplies and services for City owned buildings ✔
2 Wadsworth Glass Inc.
3927 San Pablo Dam Road El Sobrante, CA 94803 Veronica Jerqe (510) 223-7380 [email protected] 40004339 ✔ S CorporationJuly 21, 2020 July 1, 2020 June 30, 2025 100,000.00 221
Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Wadsworth Glass Inc. 222
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
2 5244
Wadsworth Glass Inc.
50,000.00 150,000.00
No change to service.
223
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ .

Term Amendment (insert new termination date):________________________

Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $.

Term Amendment (insert new termination date):________________________

Service Plan
2 5244
Wadsworth Glass Inc.
06/29/2023 ✔ 06/30/2025 ✔
✔
224
DocuSign Envelope ID: D811B543-2D83-4FBB-89AD-7DEC50502433 225
President
DocuSign Envelope ID: D811B543-2D83-4FBB-89AD-7DEC50502433 226
DocuSign Envelope ID: D811B543-2D83-4FBB-89AD-7DEC50502433 227
DocuSign Envelope ID: D811B543-2D83-4FBB-89AD-7DEC50502433 228
DocuSign Envelope ID: D811B543-2D83-4FBB-89AD-7DEC50502433 229
DocuSign Envelope ID: D811B543-2D83-4FBB-89AD-7DEC50502433 230
DocuSign Envelope ID: D811B543-2D83-4FBB-89AD-7DEC50502433 231
DocuSign Envelope ID: D811B543-2D83-4FBB-89AD-7DEC50502433 232
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May 21, 2024
Public Works
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works/City Engineer
Josef Munoz, Capital Projects Manager
Subject: Contract with Azul Works, Inc. for Construction of the Shields-Reid Park Improvement Project
FINANCIAL IMPACT: The City has been awarded grant funding from the State of California Department of Parks and Recreation
Statewide Park Development and Community
Revitalization Program (SPP) for the Shields-Reid Park
Improvement Project that covers the cost of the project.

Account String: 10633031-400708-23028

PREVIOUS COUNCIL
ACTION:

October 19, 2022

STATEMENT OF THE
ISSUE:

The City has completed the competitive bid process for
Shields-Reid Improvement Project. City staff members
are seeking City Council’s approval of a contract with the lowest bidder, Azul Works, Inc.

RECOMMENDED ACTION: ADOPT a resolution authorizing the award of a construction contract to Azul Works, Inc. as the
contractor for the Shields-Reid Park Improvement
Project, in the amount of $4,088,240.31, for a term from May 22, 2024, to June 30, 2026; and AUTHORIZE the
Director of Public Works to approve change orders, if
necessary, for up to a total contingency amount not to
exceed $410,000 – Public Works Department (Robert
Armijo 510-620-5477/ Josef Munoz 510-672-2407).

AGENDA
REPORT
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Page 2 of 3 ends

May 21, 2024
DISCUSSION:

In December 2021, the City was awarded grant funding from the State of California Department of Parks and Recreation Statewide Park Development and Community Revitalization Program (SPP) in the amount of $8,000,000, providing the City of Richmond funds to renovate Shields-Reid Park. Shields-Reid Park is a 5.17-acre park in the North Richmond neighborhood located at 1410 Kelsey Street, Richmond, CA 94801.

This public park project aims to improve health and wellness, safety, beauty, access to outdoor recreation, and to help catalyze community revitalization for a diversity of ages and abilities. The project includes final design, engineering, and construction of park improvements including: a stage, children’s play areas with integrated artwork, a fitness zone, community gathering areas including a shady grove of trees, bicycle pump track, a public restroom with amenities, perimeter fencing, and lighting. Sustainable design features include green infrastructure for stormwater management, energy efficient lighting, Bay-friendly landscaping, permeable paving, and the use of site furnishings and equipment that utilize recycled content. The park design features include high-quality materials and equipment for longevity/durability and low maintenance.

On March 4, 2024, City staff posted the bid documents (Attachment 3) on Planetbids.com and solicited bids for the Shields-Reid Park Improvement Project construction contractor. The deadline to submit the bids was April 3, 2024. The bids were received (Attachment 4) as follows:

Contractor Base Bid
Azul Works, Inc. $3,794,140.31
A&B Construction $3,993,000.00
S & H Construction $4,168,600.00
Buhler $4,175,656.00
Saboo $4,579,432.00
WR Forde $5,600,032.45
Based on the staff’s evaluation, Azul Works, Inc. is the lowest bidder. They have submitted all documents required by the bid document, and they are responsible. The bidder has the appropriate contractor’s license in active standing with the State of California and has completed similar projects.

As the bids came in within City’s budget, Public Works staff members are also recommending that alternates for Nature Play Area, Perimeter Fencing, and Grind, Overlay and Repaint/Restripe of existing basketball courts also be included in Azul Works, Inc. contract, for a total contract amount of $4,088,240.31.

City staff members are also requesting that City Council approve approximately 10 percent of the proposed contract amount (i.e., $410,000) as a construction contract contingency and authorize the Director of Public Works to approve supplemental work up to the contingency amount.
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May 21, 2024
The approval of the contract with Azul Works will allow for the implementation of the Shields Reid Park Revitalization project, as described herein.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Contract Construction Agreement
Attachment 3 – Bid Documents
Attachment 4 – Competitive Bid Summary
264
Reso. No. xx-24

Page 1 of 2 ends

RESOLUTION NO. xx-24

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

CALIFORNIA, AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO AZUL WORKS, INC. FOR THE SHIELDS-REID PARK IMPROVEMENT

PROJECT
WHEREAS, Shields Reid Park, a 5.17-acre park in the North Richmond neighborhood is in need of renovation; and
WHEREAS, in December, 2021, the City was awarded grant funding from the State of California Department of Parks and Recreation in the amount of $8,000,000, providing the City of Richmond grant funding for construction of the Shields Reid Park Improvement Project (Project); and
WHEREAS, an invitation for bids for the Project was duly advertised on March 13, 2024, bids were opened on April 3, 2024, and the City received six (6) bids; and WHEREAS, City staff determined that Azul Works, Inc. bid is responsive and responsible; and
WHEREAS, staff desires Council to award a construction contract to Azul Works, Inc., for the Project in an amount not-to-exceed $4,088,240.31 for the base bid and add alternates, and authorize the Public Works Director to approve change orders, if necessary, for a contract contingency amount of $410,000; and
WHEREAS, grant funds from the State of California Department of Parks and Recreation Statewide Park Development and Community Revitalization Program for the Shields Reid Park Improvement Project, are sufficient to fund the cost of construction.

NOW, THEREFORE, BE IT RESOLVED THAT, by the agenda report (“Agenda Report”) accompanying this resolution, the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based.

BE IT FURTHER RESOLVED THAT, that the City Council hereby authorizes the award of a construction contract to Azul Works, Inc. as the lowest responsive and responsible bidder for the construction of the Shields Reid Park Improvement Project in an amount not toexceed $4,088,240.31.

BE IT FURTHER RESOLVED THAT, the City Council hereby authorizes the Public Works Director to approve change orders, if necessary, for a contract contingency amount of $410,000.

BE IT FURTHER RESOLVED THAT, the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804. *************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held May 21, 2024, by the following vote:

AYES:

NOES:
265
Reso. No. xx-24

Page 2 of 2 ends

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
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CITY OF RICHMOND

PROJECT MANUAL

INCLUDING SPECIFICATIONS
FOR

CONSTRUCTION

PARK IMPROVEMENTS

SHIELDS REID
Richmond, California

PLACEWORKS
2040 Bancroft Way
Suite 400
Berkley, California 94704
MARCH 2024
284

SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
SIGNATURE PAGE 00 00 01 - 1
DOCUMENT 00 00 01

CITY OF RICHMOND

SIGNATURE PAGE

1.1 GENERAL INFORMATION
A. The provisions contained herein have been prepared for permitting, bid, and construction by or under the direction of the following:

02.09.2023
Jesse Jones Date
Landscape Architect No. 6371
PlaceWorks
2040 Bancroft Way
Suite 400
Berkeley, CA 94704
B. Issuance of the project for bid and construction approved by:

Robert Armijo, City Engineer Date
Registered Civil Engineer, RCE No. 63173
City of Richmond

END OF DOCUMENT
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CITY OF RICHMOND
TABLE OF CONTENTS 00 01 00 - 1
DOCUMENT 00 01 00

TABLE OF CONTENTS

PROJECT MANUAL

INTRODUCTORY INFORMATION
Document 00 00 00 Project Title Page
00 00 01 Signature Page
00 01 00 Table of Contents

BIDDING REQUIREMENTS
Document 00 02 00 Invitation to Bid
00 10 00 Instructions to Bidders
00 41 00 Bid Form
Form A-1 Bidders Statement of Subcontractors
Form A-2 Bidders Statement of Major Suppliers
Noncollusion Affidavit
Business Verification Form and Good Faith Effort
Background Check Certification Form
Sanctuary City Compliance Form
Disclosure Statement for Limited Liability Companies

CONTRACTING REQUIREMENTS
Document 00 50 00 Construction Agreement
Construction Agreement
00 51 00 Special Conditions and Provisions
00 60 00 Bond and Insurance Forms
Bid Bond
Performance Bond
Payment Bond
Insurance Requirements
Insurance Coverage Verification
00 70 00 First Source Agreement
First Source Agreement
00 80 00 Community Workforce and Project Stabilization Agreement Community Workforce and Project Stabilization Agreement

SPECIFICATIONS
DIVISION 01 GENERAL REQUIREMENTS
Section 01 11 00 Summary of Work
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TABLE OF CONTENTS 00 01 00 - 2
01 12 10 Project Management Software
01 20 00 Price and Payment Procedures
01 23 00 Alternates and Unit Pricing
01 25 10 Product Options and Substitutions
01 26 00 Contract Modification Procedures
01 26 10 Requests for Information
01 31 00 Project Meetings
01 32 16 Construction Schedule
01 33 00 Submittals
01 40 00 Quality Requirements
01 42 13 Abbreviations and Acronyms
01 42 16 General Definitions and References
01 45 29 Testing Laboratory Services
01 50 00 Temporary Facilities and Controls
01 52 10 Site Standards
01 56 39 Temporary Tree and Plant Protection
01 57 10 Storm Water Pollution Prevention Plan (SWPPP)
01 60 00 Materials and Equipment
01 66 10 Delivery, Storage and Handling
01 71 23 Construction Staking and Surveying
01 73 00 Execution
01 73 29 Cutting and Patching
01 74 19 Construction Waste Management and Disposal
01 77 00 Contract Closeout and Final Cleaning
01 78 23 Operation and Maintenance Data
01 78 36 Warranties
01 78 39 Record Documents
DIVISION 02 EXISTING CONDITIONS
Section 02 20 00 Utility Potholing
02 41 00 Demolition
DIVISION 03 CONCRETE
Section 03 30 00 CIP Concrete
DIVISION 04 MASONRY
Section 04 41 00 Site Boulders
DIVISION 05 METALS
Section 05 50 00 Metal Fabrications
DIVISION 10 SPECIALTIES
Section 10 14 00 Signage
DIVISION 11 EQUIPMENT
Section 11 68 13 Playground Equipment
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TABLE OF CONTENTS 00 01 00 - 3
DIVISION 12 FURNISHINGS
Section 12 93 00 Site Furnishings
DIVISION 13 SPECIAL CONSTRUCTION
Section 13 00 00 Pre-Engineered Structures
DIVISION 26 ELECTRICAL
Section 26 05 00 Basic Materials and Methodologies
26 50 00 Lighting
DIVISION 31 EARTHWORK
Section 31 10 13 Site Preparation and Plant Protection
31 20 00 Earthwork
31 23 24 Trench Excavation and Backfill
31 25 13 Erosion Controls
DIVISION 32 EXTERIOR IMPROVEMENTS
32 11 23 Aggregate Base
32 12 16 Asphaltic Paving
32 13 13 Concrete Paving
32 14 19 Stabilized Decomposed Granite
32 18 16 Playground Protective Surfacing
32 31 13 Chain link Fences
32 31 19 Steel Metal Fences and Gates
32 84 00 Planting Irrigation
32 91 13 Soil Preparation
32 91 14 Bioretention Soils
32 93 00 Plants
DIVISION 33 UTILITIES
33 10 00 Water Utilities
33 30 00 Sanitary Sewage System
33 40 00 Storm Drainage System

APPENDICES
A. Geotechnical Report
B. City of Richmond Standard Details
C. Restroom Plans
D. Stage Shade Structure Plans
E. Pump Track Plans and Details
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TABLE OF CONTENTS 00 01 00 - 4
F. Vertical Sculpture Plans and Structural Calculations G. Pitching and Musician Sculptures Plans and Structural Calculations H. Stage Art Concept Drawings

END OF DOCUMENT
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INVITATION TO BID 00 02 00 - 1

CITY OF RICHMOND

PUBLIC WORKS DEPARTMENT

INVITATION TO BID
The Council of the City of Richmond will accept bids for the construction of:

CITY OF RICHMOND

SHIELDS REID

PARK IMPROVEMENTS PROJECT
Notice is hereby given that sealed bids for the City of Richmond Shields Reid Park Improvements Project as further described in the project manual will be received electronically through BidsOnline.

All bid forms must be electronically submitted by the due date and time or the bid will not be considered.

Bids are due via BidsOnline on Friday, March 29, 2024, at 2:00 PM. Bids will be opened publicly via BidsOnline. Please visit the City’s website at www.ci.richmond.ca.us/bids to register as a vendor, to order bid documents, and to submit bid documents.

Bids may be withdrawn prior to bid close.

There shall be one (1) pre-bid conference held at the Project Site (1410 Kelsey Street, Richmond, CA 94801) as follows:

Wednesday, March 13, 2024 at 11:00a.m.

It is not mandatory that bidding contractors attend the pre-bid conference. Bidders are strongly encouraged to visit the sites of the proposed work and fully acquaint themselves with the existing conditions. Bidders should fully inform themselves as to the facilities involved, the difficulties and restrictions attending the performance of the contract. Bidders should thoroughly examine and familiarize themselves with the Specifications and all other Contract Documents. The Contractor, by the execution of this Contract, shall in no way be relieved of any obligation under it, due to Contractor's failure to receive or examine any form or legal instrument, or to visit the site and acquaint themselves with the existing conditions. The owner will reject any claim based on facts regarding which the bidder should have been aware as a result of visiting the site or reading the Contract Documents.

The Engineer’s Estimate of Probable Construction Cost for the Base Bid Work is approximately:
$3,800,000.00
Bid Documents, including plans and specifications, can be ordered online as electronic files at no cost. You must be a registered vendor with the City of Richmond to place an order for bid 291
INVITATION TO BID 00 02 00 - 2
documents. Please visit the City’s website at www.ci.richmond.ca.us/bids to register as a vendor and to order your bid documents.

Bid Documents, including plans and specifications, can also be purchased at the BPXpress ReproGraphics, 4903 Central Avenue, Richmond, CA 94804. Telephone BPXpress ReproGraphics at (510) 559-8299 for reproduction costs and lead-time requirements. Cost of reproduction shall be the responsibility of the bidder.

All questions relative to this bid must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 pm PST, on Wednesday, March 19, 2024. If the City of Richmond finds it necessary to issue an addendum, prospective bidders will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent accordingly. It is the bidder’s responsibility to periodically check the BidsOnline website, www.ci.richmond.ca.us/bids for any possible Addenda to the bid that may have been posted.

A certified check or bank draft, payable to the order of the City of Richmond, negotiable U.S.

Government Bonds (at par value) or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total bid shall be submitted to the City of Richmond by the three apparent low bidders as identified by the City of Richmond within three working days of the bid submission and notification by the City of Richmond.

Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin.

The City of Richmond reserves the right to reject any or all Bids or to waive any informality in the bidding.

Bids may be held by the City of Richmond for a period not to exceed sixty (60) days from the date of the opening of bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of the Contract by the City Council.

Any protest pertaining to the proposed award or any other matter relating to the bidding procedure must be submitted in writing to the City no later than 4:00 P.M. of the second business day following the date of bid opening. The protestor must have actually submitted a bid directly to the City on the Project or have been specifically excluded from filing a bid due to an action by the City. A subcontractor of a party filing a bid on this project may not submit a bid protest on its own accord.

The City will review the bid protest and will issue its determination within a reasonable amount of time prior to bid award. These procedures and time limits are mandatory and are the bidder’s sole and exclusive remedy in the event of a
bid protest.

City of Richmond, a Municipal Corporation
Pamela Christian
Clerk of the City of Richmond
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INSTRUCTIONS TO BIDDERS 00 10 00 - 1
DOCUMENT 00 10 00

INSTRUCTIONS TO BIDDERS

1.1 GENERAL INFORMATION
A. Bids are invited for construction for the Richmond Shields Reid Park Improvement Project, 1410 Kelsey Street, Richmond, California 94801.

B. Sealed bids will be received up to the time and date as indicated in the Invitation to Bid or as modified by Addenda. Bids received after that time will not be accepted.

1. Bids will be opened publicly via BidsOnline. Please visit the City’s website at www.ci.richmond.ca.us/bids to register as a vendor, to order bid documents, and to submit bid documents.

C. Copies of Contract Documents including plans and specifications are available as indicated in the Invitation to Bid.

D. Bids shall be clearly written without erasures or deletions.

1. Do not modify Bid Form or qualify bids.

2. Bids shall include valid state contractor's license number.

3. Bids to be signed by a duly authorized officer or agent.

4. Total sum of bid shall be written out and shown in numerals.

5. Where indicated, completion time shall not be altered.

6. Submit bids on total package including alternates if any.

E. Submission of bid signifies careful examination of Contract Documents and complete understanding of nature, extent and location of work to be performed.

F. Addenda shall be acknowledged in Bid Form by number and date and shall be a part of Contract Documents.

G. Bid Form shall include all Bidders Statements and other documentation as called for in the Bid Form, each completed in their entirety.

H. Bid Form and all supporting documents shall be electronically uploaded and submitted through BidsOnline. All bid forms must be electronically submitted by the due date and time or the bid will not be considered.

I. Bid Forms shall not be revised once submitted.

J. Bids may not be withdrawn for sixty calendar days after submittal, or for such extension as may be subsequently agreed in writing.
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INSTRUCTIONS TO BIDDERS 00 10 00 - 2

1. If bid contains inadvertent clerical error make written request for consideration to withdraw bid.

K. Owner reserves right to reject any or all bids and to waive any irregularity.

L. Owner reserves the right to award the project to the lowest responsible bidder as determined by base bid or by base bid plus alternates.

M. Submittal of bid signifies intent to execute a contract for construction, insurance certificates and performance and payment bonds.

N. The bidder will be deemed non-responsive if he/she submits incomplete forms or fails to submit all of the required forms and documentation.

1.2 ADDITIONAL INFORMATION AND INSTRUCTIONS
A. QUESTIONS AND COMMENTS

1. Questions, requests for clarification, or comments regarding the Bid Documents or the Scope of Work must be submitted in writing using the electronic BidsOnline system discussed in the Invitation to Bid. All clarifications and interpretations to this solicitation will be issued by written addenda on the BidsOnline system. No interpretation or clarification given orally or separately will be effective to alter or affect the solicitation documents unless confirmed by written addendum.

B. PRE-BID MEETING

1. Refer to the Invitation to Bid for information pertaining to the Pre-Bid Meeting(s) time and location.

C. BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES

1. The Contractor shall commence work upon receipt of directions to proceed as stated in the "Notice to Proceed," issued by the City of Richmond after execution of the contract and shall complete the work within the allotted time of:
30 CALENDAR DAYS for preparation of site prior to Bike Pump Track construction
90 CALENDAR DAYS for the construction of the Bike Pump Track by American Ramp Company
335 CALENDAR DAYS for completion of work after Bike Pump Track construction
365 CALENDAR DAYS total for all Contractor required park construction 455 CALENDAR DAYS total for Bike Pump Track and Park Construction counting from and including the day stated as the starting date in the "Notice to Proceed."
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INSTRUCTIONS TO BIDDERS 00 10 00 - 3

2. The Contractor shall pay to the City of Richmond the sum of $1,000 (One Thousand Dollars) per calendar day for each and every calendar day delay in finishing the work in excess of the number of calendar days prescribed above, except as extended by contract change order.

3. In addition, the City shall have the right to charge the Contractor and to deduct from the payments for the work the actual cost to the City for engineering, inspection and other overhead expenses which are directly chargeable to the Contract and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due to the Contractor under this Contract. The Contractor and his sureties shall be liable for any such excess cost.

D. BID SECURITY

1. Submit properly prepared bid bond, certified check or cashier's check acceptable to and payable without condition to the City of Richmond.

2. A certified check or bank draft, payable to the order of the City of Richmond, negotiable U.S. Government Bonds (at par value) or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total bid shall be submitted to the City of Richmond by the three apparent low bidders as identified by the City of Richmond within three working days of the bid submission and notification by the City of Richmond.

3. Bid security is required as guarantee bidder will enter into written contract and furnish insurance certificates, performance and payment bonds within time and in form as set forth in Contract Documents.
a. If after notification of acceptance a contract is not signed or insurance or bonds are not properly submitted due to no fault of Owner, bid security will be retained by Owner.

4. Bid bond shall be executed by bidder and by duly qualified surety company.

Reference Section 00 60 00 for a standard example of the Bid Bond form.

5. Bid security of three lowest and best bidders will be retained by Owner until Contract has been executed and acceptable insurance certificates and performance and payment bond have been furnished.
a. Bid security of other bidders will be returned within ten days after Owner has determined three lowest and best bidders.

6. It is understood that bid security shall not be considered as liquidated damages for failure of bidder to execute and deliver contract, insurance certificates and performance and payment bonds.
a. Bid security shall neither limit nor fix liability to Owner for damages sustained because of failure to execute and deliver required contract, insurance certificates and bonds.
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INSTRUCTIONS TO BIDDERS 00 10 00 - 4
E. INTERPRETATION OF DOCUMENTS

1. If there is doubt about the meaning of any part of Contract Documents, submit written request to the City of Richmond thru the BidsOnline Q&A tab.

2. Request for interpretations shall be delivered to Architect by the date and time indicated in the Invitation to Bid.

3. Bids shall be based only on interpretations as issued in addenda.

F. SUBSTITUTIONS DURING BIDDING

1. Base bids on products and systems specified in Contract Documents or listed by name in addenda.
a. Contractors and materials suppliers may request substitutions to be approved by Architect.
b. Submit substitution requests 14 calendar days prior to the date set for submission of bids. Submit substitution requests thru the BidsOnline Q&A tab.

2. Substitution Procedures:
a. Request for substitutions shall contain sufficient information to assess acceptability of product or system; insufficient information shall be grounds for rejection.
b. Approved substitutions shall be listed in addenda. Non-approved substitutions shall not be listed in addenda.
c. Substitutions may be requested for any product specified unless otherwise noted.
d. Substitutions may be requested after Contract is signed; requests shall be in accordance with requirements specified in Section 01 25 10 - Product Options and Substitutions.

1.3 LAWS AND ORDINANCES
A. The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived. Prior to the start of work, the successful Contractor shall obtain all other required permits from the City of Richmond, for which the fees will not be waived. The successful Contractor shall also obtain any other permits required from other agencies for the completion of the project, for which the fees will be waived.

B. If any Contractor, or any subcontractor used in the work by the Contractor, is currently in violation of any federal, state or local law or ordinance, the Contractor's bid may be deemed to be non-responsible.
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INSTRUCTIONS TO BIDDERS 00 10 00 - 5
C. The Contractor and all subcontractors shall comply with the following City of Richmond Codes and Ordinances, which are incorporated into the Contract Documents by this reference:

1. Nondiscrimination Clause in City Contracts (RMC Chapter 2.28)

2. Business Opportunity Ordinance No. 16-12 N.S. (RMC Chapter 2.50)

3. Local Employment Program Ordinance No. 15-10 N.S. (RMC Chapter 2.56)

4. Living Wage Ordinance No. 15-17 N.S.(RMC Chapter 2.60) a. Except as provided in Section 2.60.080, the Living Wage Ordinance requires that an employer under contract valued at $25,000 or greater and/or an employers with ten or more employees provide to its covered employees the following minimum compensation terms for the duration of the covered period:
 Not less than $15.21/hour if employer pays at $1.50/hour/employee towards an employee medical benefits plan; or
 Not less than $16.71/hour if the employer does not provide the employees with such medical benefits plan.

5. Ordinance Banning the Requirement to Provide information of Prior Criminal Convictions on all Employment Applications No. 14-13 N.S. (“Ban the Box”) (RMC Chapter 2.65)

6. Sanctuary City Contracting and Investment Ordinance No. 12-18 N.S.

7. Disclosure Statement for Limited Liability Companies Resolution No. 86-21 D. City Ordinances may found in their entirety at:
https://www.ci.richmond.ca.us
https://library.municode.com/ca/richmond/codes/code_of_ordinances E. For general information, questions, requests for clarification, or comments regarding compliance with all local, state, and federal ordinances must be submitted in writing using the electronic BidsOnline system discussed in the Invitation to Bid. All clarifications and interpretations affecting the project will be issued by written addenda on the BidsOnline system. No interpretation or clarification given orally or separately will be effective to alter or affect the solicitation documents unless confirmed by written addendum.

1. For specific information or questions regarding compliance with local ordinances, contact:

City of Richmond
Employment and Training Department
330 25th Street, Richmond, CA 94804
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INSTRUCTIONS TO BIDDERS 00 10 00 - 6
Telephone: (510) 307-8014

1.4 PREVAILING WAGE REQUIREMENT
A. All Contractors and Subcontractors performing services under this Contract shall pay their employees providing such services a minimum hourly prevailing wage rate as further described below.

B. In case of conflict between the Prevailing Wage as specified in this Section and any Federal Minimum Wage that may be specified elsewhere in these Specifications, the higher of the two shall prevail. Any amendments to the Federal Minimum Wage Determination issued up to 10 days prior to the bid opening date will become the part of the contract documents.

C. The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the State or political subdivision on whose behalf the contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code.

In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime contractor of the project is not liable for the penalties described above unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:

1. The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.

2. The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

3. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the contractor shall diligently take 298

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corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

4. Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.

D. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the Department did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the Department. These moneys shall be retained by the Department pending the final decision of an enforcement action.

E. Pursuant to the requirements in Section 1773 of the Labor Code, the City has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

F. The general prevailing wage rates and any applicable changes to these wage rates are available from the California Department of Industrial Relations' Internet Web Site at: http://www.dir.ca.gov.

G. The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the contract. The Contractor shall contact the Department of 299

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INSTRUCTIONS TO BIDDERS 00 10 00 - 8
Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.

H. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.

I. Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.

J. The City of Richmond will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid, and will not under any circumstances be considered as the basis of a claim against the City on the contract.

1.5 CONTRACT BONDS
A. General

1. The successful bidder shall furnish to the City of Richmond the two bonds required by the State of California Contract Act. Said bonds shall be furnished in a form satisfactory to the City. Each of said bonds shall be executed in an amount equal to 100% of the contract price.

B. Faithful Performance

1. One of said bonds shall guarantee the faithful performance of the Contract by the Contractor. A sample Performance Bond is enclosed, see Section 00 60 00.

C. Payment

1. One of said bonds shall guarantee payment of all claims for labor, materials, provisions, provender and supplies furnished and any amounts required to be deducted withheld and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractor pursuant to Section 18806 of the Revenue and Taxation Code. Care shall be taken to assure that the payment bond includes the precise provisions which Section 3248, Subsection (b) of the California Civil Code requires. A sample payment bond is enclosed, see Section 00 60 00.

D. Alterations

1. All alterations, extensions of time, extra and additional work, and other changes authorized by these Specifications or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bonds.

1.6 INDEMNIFICATION AND INSURANCE
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A. Indemnification

1. Contractor shall indemnify and save the City, its agents, officers and employees harmless from and against any and all liability, claims, suits, actions, damages, penalties and/or cause of action arising during the term of this Contract out of any personal injury, bodily injury, loss of life or damage to property, violation of any Federal, State or municipal law or ordinance or other cause in connection with the activities of Contractor, its subcontractors, agents and employees under this Contract or on account of the performance or Character of the work, unforeseen difficulties, accidents, occurrences or other causes and from and against all costs, counsel fees, expenses incurred in obtaining expert testimony and the attendance of witnesses, expenses and liability incurred in and about any such claim, the investigation thereof or the defense of any action or proceedings brought thereon, and from and against any orders, judgments or decrees which may be entered therein unless arising out of the sole negligence or willful misconduct of the City.

Approval of the insurance coverage does not relieve the Contractor or subcontractors of liability under the Indemnification Clause.

B. Insurance

1. Worker's Compensation
(a) Contractor, at its own cost and expense shall carry and maintain statutory Workers' Compensation Insurance and Employer's Liability with limits not less than One Million Dollars ($1,000,000) with an insurance carrier satisfactory to the City. Policy shall provide that no cancellation, major change in coverage or expiration shall become effective or occur until at least ten (10) days after receipt of such notice by City. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by the Department of Industrial Relations Administration of Self-Insurance in Sacramento, California. If any injury occurs to any employee of Contractor for which the employee, or his dependents in the event of his death is entitled to compensation from the City under the provisions of the Worker's Compensation Act, as amended or for which compensation is claimed from the City, the City may retain out of sums due the Contractor under this Contract an amount sufficient to cover such compensation as fixed by said Act, until such compensation is paid or until it is determined that no compensation is due and if City is compelled to pay such compensation, it will deduct and retain from the sums due the Contractor the amount so paid.

2. Liability and Property Damage
(a) Contractor at its own cost and expense shall maintain liability and property damage insurance for the period covered by this Contract in the amount of One Million ($1,000,000) Dollars per occurrence combined single limit coverage. Such coverage shall include but shall not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Contract, use of owned and non-owned automobiles, products and completed operations. Such insurance shall be with insurers and under forms of policies satisfactory in all respects to the City and shall 301

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INSTRUCTIONS TO BIDDERS 00 10 00 - 10
provide that notice must be given to City at least forty-five (45) days prior to cancellation or material change. The following endorsements shall be attached to the policy:
 Policy shall cover on an "occurrence" basis.
 Policy must cover personal injuries as well as bodily injuries. Exclusion of contractual liability must be eliminated from personal injury endorsement.
 Broad form property damage endorsement must be attached.  Policy must cover contractual liability by amending the definition of "incidental contract" to include any written contract.
(b) City, its officers and employees shall be named as an additional insured, and the policy shall stipulate that this insurance will operate as primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss suffered by Contractors hereunder.

3. Builder’s Risk Insurance
(a) Contractor at its own cost and expense shall maintain builder’s risk insurance for the period covered by this Contract.

4. General Requirements
(a) Coverage Verification form attached hereto shall be completed, signed by Contractor's insurance representative and returned to the City prior to the effective date of this Contract. Coverage Verification form must be approved by the City Attorney's office before any payments will be made under this Contract.
(b) Insurance certificates and endorsements shall be reviewed and approved by the City’s Risk Management 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. (c) Upon notification of receipt by the City of a Notice of Cancellation, major change in coverage or expiration, Contractor shall file with the City a certified copy of the required new renewal policy and certificates for such policies (or in lieu of this a new completed Coverage Verification form). (d) If at any time during the life of the Contract or any extension the Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately and all payments due or that become due to the Contractor will be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance will be sufficient cause for City to terminate the Contract.
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INSTRUCTIONS TO BIDDERS 00 10 00 - 11

1.7 POST-BID INFORMATION
A. Submit following upon notification by Architect:

1. Statement of costs for each major item of work or cost breakdown for each subcontractor and major materials supplier.

2. Designation of work to be performed by Contractor's own forces.

3. Names and addresses of subcontractors to perform work or labor in excess of one percent of total bid, excluding alternates.

4. List of major materials suppliers providing materials in excess of one percent of total bid, excluding alternates.

B. Prior to award of Contract, Architect will provide notification in writing if either Owner or Architect has objection to any listed person or organization.

1. If there is a written objection, the bid may be withdrawn without forfeiture of security.

2. If an acceptable substitute is submitted with an increase in bid price to cover difference in cost of substitution, Owner reserves right to accept increased price or disqualify bid.

3. Subcontractors and suppliers listed and accepted shall be used on work for which they were bid and shall not be changed except with written approval of Owner and Architect.

END OF DOCUMENT
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BID FORM 00 41 00 - 1

CITY OF RICHMOND

PUBLIC WORKS DEPARTMENT

BID FORM
Electronically submit this BID FORM thru BidsOnline at or before the time and date and location referenced in the Invitation to Bid for the Project noted below.

1.1 PROJECT
A. In compliance with proposed Contract Documents for construction of:

RICHMOND

SHIELDS REID
Park Improvements Project
1410 Kelsey Street
Richmond, California 94801
B. Including Addenda Numbers ____ ____ ____ ____ ____ ____ ____ ____ C. The undersigned has become thoroughly familiar with the terms and conditions of proposed Contract Documents and with local codes and conditions affecting performance and costs of Work at place where Work is to be completed.

D. The undersigned has fully inspected the site in all particulars.

E. The undersigned hereby proposes and agrees to fully perform Work as follows.

1. The undersigned agrees to perform Work within time agreed upon.

2. The undersigned agrees to perform Work in strict accordance with proposed Contract Documents, including furnishing any and all labor and materials.

3. The undersigned agrees to do all work required to construct and complete said Work in accordance with Contract Documents.
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BID FORM 00 41 00 - 2

1.2 BID SCHEDULE
Item
No.

BASE BID IMPROVEMENTS QTY. UNIT TOTAL COST, $
1 Mobilization and SWPPP/Erosion Control 1 LS
2 Site Clearing and Demolition 1 LS
3 Earthwork, Excavation and Grading 1 LS
4 Underground Utilities 1 LS
5 Rigid and Flexible Paving, Safety Surfacing 1 LS
6 5-12 Playground and Fitness Station Equipment 1 LS
7 Stage Shade Structure including foundation and
slab on grade 1 LS
8 Restroom including foundation, slab on grade and
utility connections 1 LS
9 Guardrails, Gates, and Chain Link Fence 1 LS
10 Irrigation System 1 LS
11 Planting Preparation and Planting & Landscaping,
Bioretention 1 LS
12 Electrical, Lighting, Security Cameras 1 LS
13 Site Furnishing, Signage, Water Fountain 1 LS
14 All other scope (not mentioned above) included in
bid plans, specifications and addendums 1 LS
15 General Conditions and General Requirements 1 LS
16 Bonds and Insurance 1 LS
17 Overhead and Profit 1 LS

Total Base Bid in Figures 1 LS

Total Base Bid in Words: _____________________________________________________ __________________________________________________________________________ In case of discrepancy between total of itemized bid amounts and the total base bid amount, total base bid amount will be considered as the bid amount.

Item
No.

BID ADD ALTERNATE 1 QTY. UNIT TOTAL COST, $
BA1
Nature Play Area including zip line, full round
steppers, engineered wood fiber, picnic tables,
concrete mow band in the Nature Play Area 1 LS
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BID FORM 00 41 00 - 3

Item
No.

BID ADD ALTERNATE 2 QTY. UNIT TOTAL COST, $
BA2 Perimeter Fence including footings and gates 1 LS

Item
No.

BID ADD ALTERNATE 3 QTY. UNIT TOTAL COST, $
BA3 Basketball Courts - Repaint and restripe two (2)
existing basketball courts to existing dimension
and colors 1 LS

Item
No.

BID ADD ALTERNATE 4 QTY. UNIT TOTAL COST, $
BA4 Basketball Courts - 2” grind and overlay of
blacktop area and repaint and restripe two (2)
existing basketball courts to existing dimension
and colors 1 LS

1.3 BIDDER STATEMENTS
A. The Contractor shall include Bid Form A-1, Bidder Statement of Subcontractors, completed in its entirety with the Bid Form.

B. The Contractor shall include Bid Form A-2, Bidders Statement of Major Suppliers, completed in its entirety with the Bid Form.

C. The Contractor shall complete and include the Noncollusion Affidavit with the Bid Form.

D. The Contractor shall complete and include the Business Verification Form.

E. The Contractor shall complete and include the Proof of Solicitation – Good Faith Effort Requirement Form.

F. The Contractor shall complete and include the Background Check Certification Form.

G. The Contractor shall include a copy of their company’s current employment agreement
H. The Contractor shall complete and include the Sanctuary City Compliance Statement. 306
BID FORM 00 41 00 - 4
I. The Contractor shall complete and include the Disclosure Statement for Limited Liability Companies

1.4 AWARD OF CONTRACT
A. It is understood that Owner reserves right to reject this bid but that it shall remain open and not be withdrawn for a period of sixty calendar days from date prescribed for its opening.

B. Undersigned agrees to execute and deliver Contract to Owner in accordance with this bid if written acceptance is mailed or delivered before bid is withdrawn by written notification to Owner.

1.5 IDENTIFICATION
A. Notice of acceptance, or request for additional information, may be addressed to the undersigned at address set forth below.

B. The names of all persons interested in the foregoing bid as principals are:
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________

1. Important Notice: If a corporation, give legal name of corporation, state where incorporated, and names of president and secretary; if a partnership, give name of firm and names of all individual co-partners composing the firm; if an individual, give first and last names in full.

C. License: Contractor is licensed in accordance with an act for registration of contractors with license number and DIR registration number:

License #__________________________ DIR # _______________________________ D. Business Address:
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ E. Telephone Number: _____________________________________________ F. Date of Bid: ____________________________________________________ G. Signature of person(s) with legal authority to sign contracts:
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 307
BID FORM 00 41 00 - 5

1.6 BID SECURITY
A. Bid security as described in Document 00 10 00 - Instructions for Bidders for an amount equal to not less than ten percent (10%) of total base bid shall be submitted to the City of Richmond by the three apparent low bidders as identified by the City of Richmond within three working days of the bid submission and notification by the City of Richmond.

END OF BID FORM
308

RICHMOND SHIELDS REID
Park Improvements Project
Form A-1 Page ______ of ______ (use multiple pages as necessary) FORM A-1

BIDDER STATEMENT OF SUBCONTRACTORS
NAME OF BIDDER: __________________________________ PROJECT NAME OR DESCRIPTION: _____________________________________________

COMPANY NAME,
ADDRESS, PHONE #
LICENSE #
DIR #
SCOPE

DESCRIPTION
CHECK
BOX IF

FIRM IS
RBE

PROPOSED

SUBCONTRACTOR
AMOUNT
% SHARE
OF

PRIME'S

TOTAL BID

BIDDER NAME SIGNATURE
309

RICHMOND SHIELDS REID
Park Improvements Project
Form A-1 Page ______ of ______ (use multiple pages as necessary) FORM A-1

BIDDER STATEMENT OF SUBCONTRACTORS
NAME OF BIDDER: __________________________________ PROJECT NAME OR DESCRIPTION: _____________________________________________

COMPANY NAME,
ADDRESS, PHONE #
LICENSE #
DIR #
SCOPE

DESCRIPTION
CHECK
BOX IF

FIRM IS
RBE

PROPOSED

SUBCONTRACTOR
AMOUNT
% SHARE
OF

PRIME'S

TOTAL BID

BIDDER NAME SIGNATURE
310

NONCOLLUSION AFFIDAVIT TO BE EXECUTED AND SUBMITTED WITH BID All bidders shall complete the following form and submit it with their bids:

State of California
County of ________________
[name]____________________________, being first duly sworn, deposes and says that he or she is [title]______________________ of [company]________________________, the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, or connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
_________________________________________________ ____________________________ Signature Date

STATE OF CALIFORNIA )
)ss.

COUNTY OF _____________)
On __________________________, 2009, before me, the ________________, a Notary Public, personally appeared ____________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.
__________________________________
311
312
313
City of Richmond

CERTIFICATION FORM
************************************************************************************************** Deliver the completed form and all necessary attachments to, enter address an suite number If there are any question please contact, name, job title at phone/e-mail address

1. Do you have ten (10) or more Full-Time-Equivalent Employees?  YES  NO If YES move on…

2. Are you required by Federal or State Law to perform criminal background checks?  YES  NO

3. Please identify the positions and regulations that require you to preform criminal background checks? _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________

4. Do you contend that some or all of your position(s) meet the definition of ‘sensitive positions’, as defined in the Richmond Municipal Code, Section 2.65.030 (h)?
_______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________

5. Please identify position(s) and specify why you contend they are ‘sensitive’, within the meaning of the ordinance. _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________

6. Please provide job descriptions for all your ‘sensitive positions’. _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _____________________________________________________________________________________________

7. Please provide a copy of your employment application.  See attached applications
************************************************************************************************** Vendor Name: ___________________________________ Owner Name: ______________________________________ Mailing Address: ____________________________________________________________________________________ Street City State Zip
Address to which notices from the City are to be directed (if different than above):

Name: ____________________________________________________________________________________________ Address: __________________________________________________________________________________________ Owner Signature Date
I declare under penalty of perjury that the foregoing is true and correct. 314

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.

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.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
315
Disclosure Statement for Limited Liability Companies
This Statement Shall be included with all Bid and Proposal Submissions Is your Business a Limited Liability Company (LLC)? YES NO If you answered YES, please provide the City with the names and business addresses of any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and “Beneficial Owners” of the applying LLC. A Beneficial Owner is any person or entity who: (1) exercises substantial control over the applying LLC; (2) owns 25% or more of the interest in the applying LLC; or (3) receives substantial economic benefits from the assets of the applying LLC.

If any LLC shareholder, director, officer, member, manager, other authorized person, partner, or Beneficial Owner is itself an LLC or other business entity, the names and business addresses must also be provided for any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and Beneficial Owners of that LLC or other business entity all the way up through each entity in the organizational chart until ultimate ownership by individual person(s) is/are disclosed.

Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
☐ Check this box if additional ownership information is attached to this Disclosure Statement.

In signing this Disclosure Statement, I represent that the information submitted in this Disclosure Statement, and any attachments, is true and correct.

Signature: _____________________
Printed Name: _____________________
Title: _____________________
Date: _____________________
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CONSTRUCTION AGREEMENT 00 01 00 - 1
DOCUMENT 00 50 00

CONSTRUCTION AGREEMENT

GENERAL INFORMATION
A. The City of Richmond Construction Agreement and all referenced Exhibits in the Contract Documents shall be the agreement between the City and the Contractor.

B. A sample copy of this agreement is bound herein for reference.

END OF DOCUMENT
317
1 2018_Final Form

CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 2018, by and between the City of Richmond, a municipal corporation and charter city (“City”) and __________________, [IDENTIFY CORPORATE FORM] (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS
A. On ______________, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of _________________, located at ____________ (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 addenda issued prior to the deadline for submitting bids [THIS

LIST MAY BE MODIFIED TO PROVIDE A MORE DETAILED DESCRIPTION OF THE DOCUMENTS FOR YOUR PROJECT – FOR EXAMPLE, YOU MAY SPECIFY THE NUMBER OF RFI/RESPONSES TO RFI THAT RE INCLUDED] – Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.” 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.
318
2 2018_Final Form
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 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. 319
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(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, 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.
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Section 1.6 Inspections.

Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and 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 321
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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 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. 322
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Section 1.10 Security In Lieu of Retention.
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

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

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. 323
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(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.
(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:
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_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

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

Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.

As provided in SB 854 (Stats. 2014, ch. 28): (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with DIR and qualified to perform public work pursuant to California Labor Code Section 1725.5 (Lab. Code §1771.1(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Labor Code Section 1725.5 (Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).

Section 1.12 Job Site Notices.

Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.

Section 1.13 Municipal Code Chapter 2.65 Requirements.

Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications. 325
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ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.

Each of the following shall constitute a “Default” by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the 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. 326
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Section 2.2 Remedies.

The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.

Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and 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 327
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construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.

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

Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:

1. The work performed in connection with the change to be made;

2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2015 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. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City. 328
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(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a “Claim”), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

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

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

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.

2. If Contractor disputes City’s written response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

3. Within ten (10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City will 329
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provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty (60) days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to Section 3.3(f) of this Agreement.

4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or to otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failure to have responded to a claim, or its failure to otherwise comply with the time requirements of Section 9204 of the Public Contract Code, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant filing the Claim.

5. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.
(f) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 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. 330
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3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.

Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs (collectively, “Actions”), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors’ employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor’s fault or negligence; provided, however, that Contractor’s, and Contractor’s subcontractors’ indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, 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. 331
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Section 3.7 Conflict of Interest.
(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.

Section 3.8 Notices, Demands and Communications.

If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and (1) if intended for the City shall be addressed to:

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: XXXX
With copy to:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney

(2) if intended for Contractor shall be addressed to:

XXXX
XXXX
XXXX
Attn: XXXX
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Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

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

Section 3.11 Severability.

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

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 333
17 2018_Final Form
(60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

Section 3.13 Waivers.

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

Section 3.14 Title of Parts and Sections.

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

Section 3.15 Entire Understanding of the Parties.

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

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

Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
[Signatures on following page]
334
18 2018_Final Form
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:

CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
CONTRACTOR:

XXXX
By: _________________________________
Name: _________________________________
Its: _________________________________
335
19 2018_Final Form
Exhibit A
Proposal
336

SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
SPECIAL CONDITIONS AND PROVISIONS 00 51 00 - 1
DOCUMENT 00 51 00

SPECIAL CONDITIONS AND PROVISIONS

1.1 GENERAL INFORMATION
A. The City of Richmond Standard Contract shall include the following Special Conditions and Provisions.

1.2 SUPPLEMENTARY GENERAL CONDITIONS
A. AIA Document A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, 2017 Edition, shall supplement and be complimentary to the City of Richmond Standard Contract General Conditions (Exhibit D) and Special Conditions and Provisions (Exhibit E).

B. The City of Richmond Standard Contract General Conditions, Special Conditions and Provisions, and AIA Document A201 shall collectively establish how the project shall be administered.

C. A copy of AIA Document A201 – GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION for this Project is available upon request.

1.3 DOCUMENT HIERARCHY
A. In the event of a written discrepancy or conflict between the City of Richmond Contract General Conditions, these Special Conditions and Provisions, or the Supplementary General Conditions referenced as the AIA Document A201- General Conditions of the Contract for Construction, the following document hierarchy shall be followed:

1. City of Richmond Contract General Conditions (Exhibit D of the Agreement)

2. Special Conditions and Provisions (Exhibit E of the Agreement)

3. Supplementary General Conditions AIA Document A201 – General Conditions of the Contract for Construction
B. In the absence of a written discrepancy or conflict, these above referenced documents shall be collectively considered complimentary and additive to each other in describing how the project shall be administered.

C. No Section or Paragraph of the Supplementary General Conditions AIA Document A201 shall supersede the City of Richmond Standard Contract General Conditions.

1.4 COMMENCEMENT AND PROCEEDING WITH THE WORK
337

SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
SPECIAL CONDITIONS AND PROVISIONS 00 51 00 - 2
A. The Contractor shall commence with the Work upon receipt of directions to proceed as stated in the "Notice to Proceed" issued by the Public Works Director.

B. The Contractor shall diligently prosecute the Work on each working day, weather permitting. Work shall continue without delays until completed.

C. Failure to provide an adequate working force shall be considered as grounds for the termination of the contract.

D. The Contractor shall not work on Saturdays, Sundays, City of Richmond holidays, nor between the hours of 6:00 p.m. and 7:00 a.m. without the written permission of the Public Works Director.

1.5 PROJECT COORDINATION SPECIAL REQUIREMENTS
A. The plan set includes bike track improvements to be constructed by American Ramp Company (ARC) after the commencement of this project and is currently anticipated to be built between July 1, 2024 until September 30, 2024. This work is shown in these plans designated as NIC. See pump track plans in Appendix F of Project Manual for more information. The Contractor shall install construction fence, implement and maintain SWPPP, erosion control plan, construction access, procure water and power, complete demolition, clear and grub, install storm utility infrastructure in the bike track area and any other work in the contractor’s scope for ARC to be able to mobilize and start their work. On July 1, 2024. The contractor shall pause all work on site while ARC is performing their work. Once ARC finishes the bike track, Contractor shall install a safety fence around the bike track and continue with the construction of the park scope.

Contractor shall schedule a coordination meeting with ARC and other project team members to develop a schedule and work plan for ARC’s work on site. Contractor’s master schedule will incorporate the anticipated 3 months for bike pump track construction. Contractor is fully responsible for coordinating ARC’s work with it’s own work, and maintain site security, construction fence, construction access, SWPPP and any other required items during the bike track construction.

B. This project includes public art, and coordination with the Artists is required during construction. Contractor is responsible for coordinating installation of art work with it’s own work. Contractor’s schedule shall incorporate art installation tasks. The contractor shall install footings and attachment brackets as shown in the plans in Appendix G and H and notify the Artists when complete for placement of the final pieces.

1.6 PRE-CONSTRUCTION MEETING
A. Within five (5) working days of the issuance of the Notice to Proceed, a preconstruction meeting shall be held in the City of Richmond (typically project location) for the purpose of discussing with the Contractor and the Contractor’s Major Subcontractors the following topics:
338

SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
SPECIAL CONDITIONS AND PROVISIONS 00 51 00 - 3

1. Lines of Communication and Personnel Contacts

2. Notice to Proceed and Completion Dates

3. Administrative Procedures

4. Scope of Work

5. Contract Documents

6. Coordination with Owner Work or Owner Furnished Equipment

1.7 CERTIFIED PAYROLL RECORDS
A. The Contractor shall maintain ‘Certified Payroll Records’ for all employees employed in the performance of the Work illustrating compliance with the California Department of Industrial Relations and the California Labor Code.

B. Such payroll records shall be prepared and maintained on a weekly basis and shall be available for review by the City or the City’s Inspector at anytime.

C. Certified Payroll Records shall be submitted monthly with the Contractor’s Application for Payment. Failure to submit payroll records is cause for delay in payment.

1.8 PAYMENTS TO CONTRACTOR
A. Within forty-five (45) days after approval of the Contractor’s Application for Payment, the Contractor shall be paid a sum equal to ninety five percent (95%) of the value of the Work performed (as verified by Architect and Inspector and certified by the Contractor) up to the last day of the previous month, less the aggregate of previous payments and amounts to be withheld.

B. The value of the Work completed shall be Contractor's best estimate. No inaccuracy or error in said estimate shall operate to release the Contractor, or any Surety upon any bond, from damages arising from such Work, or from the City's right to enforce each and every provision of this Contract, and the City shall have the right subsequently to correct any error made in any estimate for payment.

1.9 WARRANTY OF TITLE
A. If a lien or a claim based on a stop notice of any nature should at any time be filed against the Work or any City property, by any entity which has supplied material or services at the request of the Contractor, Contractor and Contractor's Surety shall promptly, on demand by the City and at Contractor's and Surety's own expense, take any and all action necessary to cause any such lien or a claim based on a stop notice to be released or discharged immediately therefrom.

B. If the Contractor fails to furnish to the City within ten (10) calendar days after demand by the City, satisfactory evidence that a lien or a claim based on a stop notice has 339

SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
SPECIAL CONDITIONS AND PROVISIONS 00 51 00 - 4
been so released, discharged, or secured, the City may discharge such indebtedness and deduct the amount required therefore, together with any and all losses, costs, damages, and attorney's fees and expense incurred or suffered by City from any sum payable to Contractor under the Contract.

1.10 COMPLETION OF THE WORK
A. Completion

1. The City will accept completion of Contract and have the Notice of Completion recorded when the entire Work shall have been completed to the satisfaction of the City.

2. The Work may only be accepted as complete by action of the governing board of the City.

B. The City, at its sole option, may accept completion of Contract and have the Notice of Completion recorded when the entire Work shall have been completed to the satisfaction of the City, except for minor corrective items, as distinguished from incomplete items. If Contractor fails to complete all minor corrective items within thirty (30) days after the date of the City's acceptance of completion, the City shall withhold from the final payment one hundred fifty percent (150%) of an estimate of the amount sufficient to complete the corrective items, as determined by City, until the item(s) are completed.

1.11 WATER RESOURCES, DUST CONTROL AND NOISE CONTROL
A. Comply with federal, state and local regulations pertaining to water, air, solid waste, recycling, chemical waste, sanitary waste, sediment and noise pollution.

B. Protection of Natural Resources: Preserve the natural resources within the project boundaries or restore to an equivalent condition.

1. Confine construction activities to areas defined by public roads, easements, and work area limits indicated on the drawings.
a. Temporary Construction: Remove indications of temporary construction facilities, such as haul roads, work areas, structures, stockpiles or waste areas.

2. Water Resources: Comply with applicable regulations concerning the direct or indirect discharge of pollutants to underground and natural surface waters. a. Oily Substances: Prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water in such quantities as to affect normal use, aesthetics, or produce a measurable ecological impact on the area.
1) Store and service construction equipment at areas designated for collection of oil wastes.
340

SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
SPECIAL CONDITIONS AND PROVISIONS 00 51 00 - 5
b. Exercise every reasonable precaution to prevent any debris, chemical or other harmful material in the construction water resulted from his operations from discharging into the storm drain system.

3. Dust Control, Air Pollution, and Odor Control: Prevent creation of dust, air pollution and odors.
a. Use temporary enclosures and other appropriate methods to limit dust and dirt rising and scattering in air to lowest practical level. b. Exercise diligence in preventing dust nuisances. When necessary or when directed by the Public Works Director, the Contractor shall apply water for laying dust. Water shall be applied by means of pressure-type distributors equipped with a spray system that will insure a uniform application. b. Store volatile liquids, including fuels and solvents, in closed containers. c. Properly maintain equipment to reduce gaseous pollutant emissions.

4. Noise Control: Perform construction operations to minimize noise. a. Repetitive, high level impact noise will be permitted only between the hours of 7:00 a.m. and 6:00 p.m.

Repetitive impact noise at or within occupied buildings shall not exceed the following dB limitations:

Sound Level in dB Time Duration of Impact Noise
70 More than 12 minutes in any hour
80 More than 3 minutes in any hour
b. Provide equipment, sound-deadening devices, and take noise abatement measures that are necessary to comply with the requirements of this Contract. c. Comply with applicable City Ordinances and State Regulatory Requirements pertaining to noise and sound level dB limitations while performing construction operations.
d. There is no noise limitation on unoccupied buildings.

1.12 UNDERGROUND UTILITIES AND OBSTRUCTIONS
A. The Contractor shall notify the appropriate regional Underground Service Alert (USA) notification center for operations of subsurface installations at least 2 working days prior to performing any excavation in the proximity of any underground facilities.

B. It is the responsibility of the Contractor to exercise due caution in performing his work so as not to damage both on-site and off-site utilities whether shown on the plans or not. The work specified shall be so conducted as to permit the utility companies to maintain their services without interruption.

C. Utilities and underground pipelines which are to remain in place shall be worked around and protected from damage or interruption of service. 341

SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
SPECIAL CONDITIONS AND PROVISIONS 00 51 00 - 6
D. Existing facilities are to remain unless otherwise indicated to be removed or except as may be required to be removed, modified and/or restored to permit construction.

1.13 PRESERVATION OF PROPERTY
A. The Contractor shall take care to protect all existing improvements and facilities within and adjacent to the work area. Any damage to the existing improvements and facilities caused by the Contractor’s operations shall be repaired or replaced as directed by the City of Richmond at the Contractor’s expense.

1.14 PUBLIC CONVENIENCE
A. The Contractor shall maintain a neat appearance to the work.

B. In any area visible to the public, the following shall apply:

1. Debris shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed and disposed of daily. The Contractor shall furnish trash bins for all debris. All debris shall be placed in trash bins concurrently with its removal.

END OF DOCUMENT
342

SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
BONDS AND INSURANCE FORMS 00 60 00 - 1
DOCUMENT 00 60 00

BOND AND INSURANCE FORMS

1.1 GENERAL INFORMATION
A. The Bid Documents and Contract Documents reference Bid Bond requirements, Performance Bond requirements, and Payment Bond requirements.

1. Sample copies of these three bond documents are bound herein for reference.

B. The City of Richmond requires an Insurance Verification Form to be submitted at a time as requested by the City.

1. A sample copy of this form is bound herein for reference.

END OF DOCUMENT
343
Bond No.

BID BOND
KNOW ALL MEN BY THESE PRESENTS:

That We, , as Principal,
and , as Surety,
are hereby held and firmly bound unto the City of Richmond, in the penal sum of TEN PERCENT (10%) of the total bid submitted by said Principal to the City of Richmond for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, whereas the Principal has submitted to the City of Richmond a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the .

NOW, THEREFORE, if said bid submitted by the Principal be accepted and the contract be awarded to the Principal and the Principal shall, within ten (10) days after having received notice that the contract has been awarded to the Principal, enter into the Contract so awarded, shall furnish the required corporate surety bonds and insurance coverage verification and shall in all other respects perform the agreement created by the acceptance of the bid, then this obligation shall be void, otherwise the same shall remain in full force and effect.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City of Richmond may accept such Bid; and said Surety does hereby waive notice of such extension.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals on this day of , 20 .

By:

Title
By:

Title:

Bid Bond (11/4/03)
344
§ 66499.1. Faithful performance bond; form, CA GOVT § 66499.1

PERFORMANCE BOND
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 201_, and identified as project __________, is hereby referred to and made a part hereof; and

Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the principal and __________, as surety, are held and firmly bound unto the City of Richmond (hereinafter called “City”), in the penal sum of __________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 201__.

By: _________________________
Title: _________________________

By: _________________________
Title: _________________________
345
§ 66499.2. Bond for security of laborers and material suppliers; form, CA GOVT § 66499.2 1 PAYMENT BOND
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated __________, 201__, and identified as project __________, is hereby referred to and made a part hereof; and

Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Richmond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

Now, therefore, the principal and ____________, as corporate surety, are held firmly bound unto the City of Richmond (hereinafter called “City”) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of __________ dollars ($ __________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 201__.

By: _________________________
Title: _________________________

By: _________________________
Title: _________________________
346
City of Richmond
Department of Public Works

WARRANTY BOND
City of Richmond (“City”) and ____________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the Flood Risk Reduction in the Rheem Creek Watershed Project (“Project”). The Contract is incorporated by reference into this Warranty Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and _______________ __________, its surety (“Surety”), are bound to City as obligee in the maximum amount of 15% of the final Contract Price, unless otherwise specified in the Contract Documents.

2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one-year period commencing with City’s acceptance of the Project (“Warranty Period”).

3. Surety’s Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from City, repairs and remedies, at its sole expense, any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses City for all loss and damage that City sustains because of Contractor’s failure to makes such repairs in accordance with the Contract requirements, then Surety’s obligations under this Bond will be null and void.

Otherwise, Surety’s obligations will remain in full force and effect.

4. Waiver. Surety waives the provisions of Civil Code §§ 2819 and 2845.

5. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: _________________________________________________ Address: ______________________________________________ City/State/Zip: _________________________________________ Phone: _______________________________________________
Fax: _________________________________________________
Email: ________________________________________________

6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________.
[Signatures are on the following page.]
347
SURETY:
___________________________________
Business Name
s/__________________________________ Date ______________________________ ___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:
___________________________________
Business Name
s/__________________________________ Date ______________________________ ___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ Date ______________________________ ____________________________________
Name, Title

END OF WARRANTY BOND
348
___ 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 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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
349
___ 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 REQUIRED 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. 350
___ 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 nonrenewed, 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.

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.

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.

SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
FIRST SOURCE AGREEMENT 00 70 00 - 1
DOCUMENT 00 70 00

CITY OF RICHMOND

FIRST SOURCE AGREEMENT

1.1 GENERAL INFORMATION
A. The City of Richmond First Source Agreement shall be executed between the Prime Contractor and the City of Richmond at a time during the Contract Award as directed by the City of Richmond.

B. A sample copy of this agreement along with any pertinent exhibits is bound herein for reference.

END OF DOCUMENT
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11 CITY OF RICHMOND

FIRST SOURCE AGREEMENT

RECITALS
THIS FIRST SOURCE AGREEMENT is entered into on the date stated below by and between the CITY OF RICHMOND, a municipal corporation and charter city (hereinafter the “City”), and (hereinafter the “Employer”).

WHEREAS, the Employer has been awarded a contract, forgivable loan or subsidy by the City and/or the Richmond Community Redevelopment Agency, dated ,20 (hereinafter the “Contract”) to perform certain work and provide certain services at in Richmond, California, described as follows:

WHEREAS, the Employer, in addition to the Contract, agrees to enter into this First Source Agreement (hereinafter the “FSA”) with the City; NOW, THEREFORE, the parties hereto mutually agree as follows:

1. Compliance with Chapter 2.56. Employer will comply with the terms of Chapter 2.56 of the Richmond Municipal Code, Local Employment Program (hereinafter the “Ordinance”), a copy of which is attached hereto and incorporated herein by reference.

2. Liaison. Employer shall designate a liaison for issues related to the Ordinance and this FSA. The liaison shall work with designated City of Richmond staff to facilitate effective implementation of the Ordinance and this FSA (hereinafter the “Designated City Staff”).

3. First Source Hiring Process for CONSTRUCTION and NON-CONSTRUCTION JOBS -Employer shall take the following steps regarding hiring in furtherance of the Contract. (a) Long-Range Planning. Employer shall, prior to hiring in furtherance of the Contract, and as soon as practicable, provide to the Designated City Staff the approximate number and type of hires that it will make for employment, and the basic qualifications necessary for each projected hire.
(b) Dual Notification Process (CONSTRUCTION ONLY). Where there is a signatory agreement with the local union and the associated craft, Employer shall work with the local union and the City of Richmond Employment and Training Department (hereinafter the “ETD”) to fill those positions. The Employer shall forward to the ETD a copy of all personnel requests made to the trade unions, specifying the residency of personnel requested (this process is 356
12 hereinafter referred to as the "dual notification process" and a description of it is attached hereto along with the Request for Craft form for use by the Employer). In the dual notification process, the Employer shall utilize the "name call," "rehires," "transfers," or "sponsorship" options in maximizing the participation of Richmond, California residents. (c) Notification of job opportunities. Prior to hiring in furtherance of the Contract, Employer shall notify the Designated City Staff, by email or fax, of available job openings and provide a description of job responsibilities and qualifications, including expectations, salary, work schedule, duration of employment, required standard of appearance, and any special requirements, e.g., language skills, driver’s license, etc. Job qualifications shall be limited to skills directly related to performance of job duties.
(d) Filling of job opportunities. Prior to announcing or advertising in any form and by any means (except for compliance with internal posting procedures) the availability of an employment position created by the vacancy of an existing position or a new employment position, the Employer shall utilize the dual notification process to notify the pertinent union, if appropriate, and ETD in writing of such position, including a general description of the position and Employer's minimum requirements for qualified applicants, and shall request any pertinent union and ETD to refer qualified applicants for such position to Employer's trade union and/or personnel representative, as appropriate. The Employer shall refrain from any general announcement or advertisement of the availability of such position for a period of ten (10) business days after notification to the ETD. This ten-day period shall be known as the "Advance Notice Period.”
(e) Job Site Applications. In the event that any persons seek employment with the Employer at the job site, the Employer shall have the person complete a Job Site Application consisting of name, address, telephone number, social security number and trade. The Employer will then submit this information to the ETD.
(f) Transfer and Promotion. Nothing contained herein shall prevent the Employer from filling job vacancies or newly created positions without compliance with the foregoing procedures by transfer or promotion from its existing staff.

4. Monthly Reports. Employer shall, on a monthly basis, furnish certified payroll sheets to ETD. Failure to provide the City with this information shall result in delay of progress payments for that portion which is deemed not in compliance with the provisions of this FSA.

5. Quarterly Reports. Employer shall prepare quarterly reports detailing the number of hires for employment in furtherance of the Contract during the quarter and stating what percentage of such hires were residents of Richmond, California. The Designated City Staff shall assist Employer by preparing forms to be completed for this purpose. Reports shall be filed with the ETD within thirty (30) days after the completion of each quarter. Reports may include a description of any difficulties the Employer is having with obtaining qualified referrals through the Designated City Staff.
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13 6. Non-compliance Procedure. In the event the City believes the Employer may not be in compliance with the requirements of this FSA, the following procedure will be followed:
(a) The Community and Economic Development Executive Director (hereinafter the “Executive Director”) or designee shall cause to be delivered to the Employer a written “Notice of Non-Compliance” (hereinafter the “Notice”). The Notice shall specify the matters which constitute the non-compliance; the specific action required to correct the non-compliance; and the time period during which such correction shall occur. In no event shall this time period be more than thirty (30) days after receipt of the Notice by the Employer. If the Notice is mailed, it will be deemed received five (5) days after the date of mailing. (b) If the Employer disagrees with the Notice, they shall have the burden of proving compliance with the provisions of the Ordinance and shall submit any evidence and argument to the Executive Director or designee to establish compliance no more than thirty (30) days after receipt of the Notice by the Employer.
(c) In the event the Executive Director or designee subsequently agrees that compliance has occurred, the Executive Director or designee shall cause to be delivered promptly to the Employer a written “Notice of Correction of Non-Compliance,” specifying the original noncompliance which has been corrected. (d) In the event the Executive Director or designee does not agree that compliance has occurred, the Executive Director or designee shall promptly notify the Employer by a written “Notice of Failure to Correct Non-Compliance” (“hereinafter the “Notice of Failure to Correct”), describing the facts constituting the non-compliance.
(e) After the issuance of the Notice of Failure to Correct, the Employer shall have the right to request a hearing before the City Manager or designee (hereinafter “Request for Hearing”), who shall make the final determination. The Request for a Hearing must be made within ten (10) working days after receipt of the Notice of Failure to Correct. If the Notice of Failure to Correct is mailed, it will be deemed received five (5) days after the date of mailing. The hearing shall be held no sooner than twenty (20) and no later than thirty (30) days after receipt by the City of the Request for Hearing, unless otherwise agreed to by the parties. At the hearing, the Employer will be allowed to present any evidence and argument it believes proves compliance. The City Manager or designee shall issue their final determination no later than ten (10) business days after the hearing. The Employer must exhaust this administrative remedy prior to commencing legal action.
(f) In the event no Request for Hearing is timely made, the determination of failure to correct non-compliance shall be deemed to be final.
(g) Should the Employer fail to comply with the Notice of Non-Compliance as specified above, and a final determination of non-compliance is made, the City may exercise any of its powers as specified in §2.56.080 of the Ordinance.

Executed this day of , 20
358
14 EMPLOYER
By: ________________________
Name: ______________________
Its:

CITY OF RICHMOND
By: ___________________________
Name: _________________________
Title: __________________________
Approved as to form:
_______________________________
City Attorney
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CITY OF RICHMOND
COMMUNITY WORKFORCE AGREEMENT 00 80 00 - 1
DOCUMENT 00 80 00

CITY OF RICHMOND

COMMUNITY WORKFORCE & PROJECT STABILIZATION AGREEMENT

1.1 GENERAL INFORMATION
A. The Community Workforce & Project Stabilization Agreement for the City of Richmond shall be adhered to and complied with by the Prime Contractor as directed by the City of Richmond.

B. A sample copy of the agreement requirements along with any pertinent exhibits is bound herein for reference.

END OF DOCUMENT
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SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
SUMMARY OF WORK 01 11 00 - 1
SECTION 01 11 00

SUMMARY OF WORK

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any);

1.1.3. Submittals; and

1.1.4. Temporary Facilities and Controls.

1.2. SUMMARY OF WORK COVERED BY CONTRACT DOCUMENTS
The Work may consist of the following:

Project consists the improvements to the Shields-Reid Park, as described in the Contract Documents. The project site is located at: 1410 Kelsey St. Richmond, CA 94801 The scope of work includes, but not limited to,: demolition, earthwork, grading & paving, landscaping & irrigation, bio retention, stage structure, restroom, fencing, utilities, electrical and lighting, site furnishings, play structures etc. Refer to Plan Sheet No. G001 – Title Sheet for additional Scope of Work description.

Contractor to schedule and coordinate bike track pump construction with American Ramp Company (ARC) per bid plans and specifications including but not limited to preparing the site for ARC work, providing assistance as needed, maintaining site security and other site control and maintenance measures as needed.

Add Alternate bid items as per Plan Sheet N0. LC101 – Landscape Construction and Materials Plan includes:

1. Nature Play Area and Site Furnishing

2. Perimeter Fencing

3. Basketball Court Painting

4. Basketball Court Resurfacing and Painting

1.3. CONTRACTS
Perform the Work under a single, fixed-price Contract.
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SUMMARY OF WORK 01 11 00 - 2

1.4. DEFERRED PERMIT APPROVAL ITEMS

1.4.1. All items that are subject to subsequent review and approval by the Local Jurisdiction Having Authority are as indicated below. Contractor is responsible for design, permit submittal and approval, procurement and installation of all deferred permit approval items. No deferred permit approval items shall be installed until the Contractor has complied with all the processes in the Contract Documents, including Division 01 Document “Submittals.”

1.4.1.1. Stormwater Pollution Prevention Plan

1.4.1.2. Encroachment Permit

1.4.1.3. Stage and Footings

1.4.1.4. Play Equipemnt and Footings

1.4.1.5. Pre-fabricated Restroom building shop drawings including foundations

1.5. SPECIAL PROJECT REQUIREMENTS

1.5.1. Hours of Work: Work is to be performed between 8am to 5pm. Contractor shall coordinate its operations with activities taking place at the Site. Contractor shall ensure that there are no disruptions to such activities.

1.6. WORK BY OTHERS

1.6.1. Work to be performed and completed by others: Bike Pump Track excluding demolition, clearing and grubbing, storm drain, electrical lighting, planting and mulching in the bike pump track area

1.6.2. Public Art pieces excluding foundations

1.7. CODES, REGULATIONS AND STANDARDS

1.7.1. The codes, regulations, and standards adopted by the Local Jurisdiction Having Authority, State and federal agencies having jurisdiction shall govern minimum requirements for the Project. Where codes, regulations, and standards conflict with the Contract Documents, these conflicts shall be brought to the immediate attention of the City and the Landscape Architect.

1.7.2. Codes, regulations, and standards are as published effective as of date of bid opening, unless otherwise specified or indicated.

1.8. EXAMINATION OF EXISTING CONDITIONS

1.8.1. Contractor shall be held to have examined the Project Site and acquainted itself with the conditions of the Site and of the streets and roads approaching the Site.

1.8.2. Prior to commencement of Work, Contractor shall survey the Site and existing buildings and improvements to observe existing damage and defects such as cracks, sags, broken, missing or damaged glazing, other building elements and Site improvements, and other damage. Contractor shall provide a video, with narrative, and pictures to the City prior to commencement of Work.

1.8.3. Should Contractor observe cracks, sags, and other damage to and defects of the Site and adjacent buildings, paving, and other items not indicated in the Contract Documents, 393

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CITY OF RICHMOND
SUMMARY OF WORK 01 11 00 - 3
Contractor shall immediately report same to the City and the Landscape Architect.

Contractor shall provide said observances in writing to the City.

1.9. CONTRACTOR'S USE OF PREMISES

1.9.1. Contractor shall take all reasonable precautions for the safety of employees throughout the duration of the Project.

1.9.2. If unoccupied and only with City’s prior written approval, Contractor may use the building(s) at the Project Site without limitation for its operations, storage, and office facilities for the performance of the Work. If the City chooses to beneficially occupy any building(s), Contractor must obtain the City's written approval for Contractor's use of spaces and types of operations to be performed within the building(s) while so occupied. Contractor's access to the building(s) shall be limited to the areas indicated.

1.9.3. If the space at the Project Site is not sufficient for Contractor's operations, storage, office facilities and/or parking, Contractor shall arrange and pay for any additional facilities needed by Contractor, at no expense to City.

1.9.4. Contractor shall not interfere with others use of or access to occupied portions of the building(s) or adjacent property.

1.9.5. Contractor shall maintain corridors, stairs, halls, and other exit-ways of building clear and free of debris and obstructions at all times.

1.9.6. No one other than those directly involved in the demolition and construction or specifically designated by the City or the Architect shall be permitted in the areas of Work during demolition and construction activities.

1.10. PROTECTION OF EXISTING STRUCTURES AND UTILITIES

1.10.1. The Drawings show above-grade and below-grade structures, utility lines, and other installations that are known or believed to exist in the area of the Work. Contractor shall locate these existing installations before proceeding with excavation and other operations that could damage same; maintain them in service, where appropriate; and repair damage to them caused by the performance of the Work. Should damage occur to these existing installations, the costs of repair shall be at the Contractor's expense and made to the City's satisfaction.

1.10.2. Contractor shall be alert to the possibility of the existence of additional structures and utilities. If Contractor encounters additional structures and utilities, Contractor will immediately report to the City for disposition of same as indicated in the General Conditions.

1.11. UTILITY SHUTDOWNS AND INTERRUPTIONS

1.11.1. Contractor shall give the City a minimum of three (3) days written notice in advance of any need to shut off existing utility services or to effect equipment interruptions. City will set exact time and duration for shutdown, and will assist Contractor with shutdown.

Work required to re-establish utility services shall be performed by the Contractor. 394

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SUMMARY OF WORK 01 11 00 - 4

1.11.2. Contractor shall obtain City's written approval as indicated in the General Conditions in advance of deliveries of material or equipment or other activities that may conflict with City's use of the building(s) or adjacent facilities.

1.12. STRUCTURAL INTEGRITY

1.12.1. Contractor shall be responsible for and supervise each operation and work that could affect structural integrity of various building elements, both permanent and temporary.

1.12.2. Contractor shall include structural connections and fastenings as indicated or required for complete performance of the Work.

END OF SECTION
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SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
PROJECT MANAGEMENT SOFTWARE 01 12 10 - 1
SECTION 01 12 10

PROJECT MANAGEMENT SOFTWARE

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any);

1.1.3. Submittals; and

1.1.4. Construction Schedule.

2. PROJECT MANAGEMENT SOFTWARE

2.1. Contractor shall provide and utilize a web based Project Management software program on this Project for processing of RFIs, Submittals, project document storage including but not limited to drawings, specifications, ASIs, change orders, schedules, photos, site dailies and other project reports, meeting minutes etc. Contractor shall provide training to project team including City Staff, Landscape Architect and Construction Manager if they are not familiar with the system.

Contractor will act as the administrator of the system.

END OF SECTION
396

SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
PRICE AND PAYMENT PROCEDURES 01 20 00 - 1
SECTION 01 20 00

PRICE AND PAYMENT PROCEDURES

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions; and

1.1.2. Supplementary Conditions (if any).

1.2. DESCRIPTION

1.2.1. This Document contains procedures to be followed by the Contractor to request payment.

1.2.2. IF THERE IS ANY INCONSISTENCY IN THIS DOCUMENT WITH THE PROVISIONS IN THE

GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS THAT THE

CONTRACTOR SHALL COMPLY WITH RELATED TO CHANGES AND/OR REQUESTS FOR CHANGES (e.g., “PAYMENTS,” “SCHEDULE OF VALUES”), THOSE PROVISIONS IN THE

GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS SHALL TAKE PRECEDENCE.

1.3. MEASUREMENT

1.3.1. The quantities set forth in the Bid Schedule are approximate and are given to establish a uniform basis for the comparison of bids. The City reserves the right to increase or decrease the quantity of any class or portion of the work during the progress of construction in accord with the terms of the Contract.

1.4. PAYMENT

1.4.1. Make payment for the items listed on the Bid Schedule on the basis of the work actually performed and completed, such work including but not limited to, the furnishing of all necessary labor, materials, equipment, transportation, clean up, restoration of disturbed area, and all other appurtenances to complete the construction and installation of the work as shown on the drawings and described in the specification.

1.4.2. Unit prices are used as a means of computing the final figures for bid and Contract purposes, for periodic payments for work performed, for determining value of additions or deletions and wherever else reasonable.

1.5. SCHEDULE OF VALUES

1.5.1. Provide a breakdown of the Contract Price with enough detail to facilitate continued evaluation of Applications for Payment and Progress Reports. 397

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PRICE AND PAYMENT PROCEDURES 01 20 00 - 2

1.5.2. Contractor must update and resubmit the Schedule of Values before the next Invoice or Application for Payment when Change Orders or Construction Change Directives result in a change in the Contract Price.

1.5.3. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor’s Construction Schedule. Comply with the provisions in the General Conditions regarding the Schedule of Values.

1.5.3.1. Correlate line items in the Schedule of Values with other required administrative forms and schedules, including the following:

1.5.3.1.1. Application for Payment forms.

1.5.3.1.2. Submittal Schedule.

1.5.3.1.3. Contractor’s Construction Schedule.

1.5.3.2. Submit the Schedule of Values to City as indicated in the Contract Documents and, if an updated Schedule of Values is needed, then no later than ten (10) days before the date scheduled for submittal of the next Application(s) for Payment.

1.5.3.3. Subschedules: Where the Work is separated into phases requiring separately phased payments, provide subschedules showing values correlated with each phase of payment.

1.5.4. Format and Content: Use the Project Manual table of contents as a guide to establish line items for the Schedule of Values. All aspects of the work shall be refernced in Schedule of Values.

1.5.4.1. Provide a breakdown of the Contract Price in enough detail to facilitate continued evaluation of Applications for Payment and progress reports.

Provide several line items for principal subcontract amounts, where appropriate. Include separate line items under required principal subcontracts for operation and maintenance manuals, punch list activities, Project Record Documents, and demonstration and training.

1.5.4.2. Round amounts to nearest whole dollar; total shall equal the Contract Price.

1.5.4.3. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed.

1.5.4.4. Provide separate line items in the Schedule of Values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work.

1.5.4.5. Allowances (if any): Provide a separate line item in the Schedule of Values for each allowance. Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities.
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1.5.4.6. Each item in the Schedule of Values and Applications for Payments shall be complete.

1.5.5. Schedule Updating: Update and resubmit the Schedule of Values before the next Application for Payment if there is a change in the Contract Price.

1.6. APPLICATIONS FOR PAYMENT

1.6.1. Form: Contractor shall utilize AIA Form G702 - Application and Certificate for Payment. and AIA Form G703 - Continuation Sheet, or City-approved form with the same information as these AIA forms.

1.6.2. Content and Format: Contractor shall use Schedule of Values for listing items in its Application for Payment.

1.6.3. Each Application for Payment shall be consistent with previous applications and payments as certified and paid for by City.

2. EXECUTION

2.1. MEASUREMENT AND PAYEMENT

2.1.1. Make payment on the basis of work actually performed completing each item in the Bid, such work, including, but not limited to the furnishing of all necessary labor, materials, equipment, transportation, cleanup, and all other appurtenances to complete the construction and installation of the work to the configuration and extent as shown on the drawings and described in the specifications. Payment for each item includes compensation for cleanup and restorations. Cost of cleanup and surface restorations (including pavement replacement) will be considered as the percentage retained in accordance with the Contract Documents, and complete payment will not be made until cleanup, restorations and as-builts are competed.

END OF SECTION
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SHIELDS REID PARK IMPROVEMENTS

CITY OF RICHMOND
ALTERNATES AND UNIT PRICES 01 23 00 - 1
SECTION 01 23 00

ALTERNATES AND UNIT PRICING

1. ALTERNATES AND UNIT PRICES

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any);

1.1.3. Bid Form and Proposal; and

1.1.4. Instruction to Bidders.

2. ADD ALTERNATES

1. Nature Play Area and Site Furnishing

2. Perimeter Fencing

3. Basketball Court Painting

3. Basketball Court Resurfacing and Painting

2.1. DESCRIPTION
Refer to Plan Sheet N0. LC101 – Landscape Construction and Materials Plan and Bid Form for a complete description of each alternate noted.

3. UNIT PRICING

3.1. DESCRIPTION
An amount proposed by Contractor and stated in its Bid Form for certain work defined in the Plans and Bid Form that may be priced by unit. The acceptance or rejection of any of the unit prices is strictly at the option of the City and subject to City's acceptance of Contractor's stated prices contained in the Bid Form and may be subsequently negotiated prior to incorporation on Change Order(s).

3.2. GENERAL
Contractor shall completely state all required figures based on Unit Prices required in the Bid Form.

Where scope of Work is decreased, all Work pertaining to the item, whether specifically stated or not, shall be omitted and where scope of Work is increased, all work pertaining to that item required to render same ready for use on the Project in accordance with intention of Drawings and Specifications shall be included in an agreed upon price amount.
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3.3. UNIT PRICES
Furnish unit prices for each of the named items on a square foot, lineal foot, or per each basis, as requested and applicable. Unit prices shall include all labor, materials, services, profit, overhead, insurance, bonds, taxes, and all other incidental costs of Contractor, subcontractors, and supplier(s).

END OF SECTION
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CITY OF RICHMOND
PRODUCT OPTIONS AND SUBSTITUTIONS 00 10 00 - 1
SECTION 01 25 10

PRODUCT OPTIONS AND SUBSTITUTIONS

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any); and

1.1.3. Instructions to Bidders.

1.2. DOCUMENT INCLUDES

1.2.1. Product options.

1.2.2. Limitations on Substitutions.

1.2.3. Regulatory Requirements.

1.2.4. Substitution Representation.

1.2.5. Submittal Procedure.

1.2.6. City’s Review.

1.3. DEFINITIONS

1.3.1. Requests for changes in products, materials, or equipment required by Contract Documents proposed by the Contractor prior to and after award of the Contract are considered requests for substitutions. Contractor must refer to the Instructions to Bidders, the General Conditions and the Supplementary Conditions for limitations on when requests for substitution(s) are permitted on Project. The following are not considered substitutions:

1.3.1.1. Revisions to Contract Documents requested by the City or Landscape Architect.

1.3.1.2. Specified options of products, materials, and equipment included in Contract Documents.

1.3.2. Whenever in the Specifications any material, product, thing, or service is indicated or specified by grade, patent, or proprietary name, or by name of manufacturer, that Specification shall be deemed to be used for the purpose of facilitating the description of the material, product, thing, or service, and shall be deemed to be followed by the words "or equal," except:
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1.3.2.1. When designated to match other material, product, thing, or service in use on a particular public improvement either completed or in the course of completion; or

1.3.2.2. When designated as a field test or experiment.

1.4. PRODUCT OPTIONS

1.4.1. Products Specified by Reference Standards or by Description Only: Any Product meeting those standards or description.

1.4.2. Products Specified by Naming One or More Manufacturers with or without Provision for Substitution: Products of manufacturers named and meeting specifications with substitution of Products or manufacturer only when submitted under provisions of this section.

1.5. LIMITATIONS ON SUBSTITUTIONS

1.5.1. Requests for substitution prior to bid or after bid, shall only be permitted as indicated in and in accordance with requirements specified in the Instructions to Bidders, the General Conditions and the Supplementary Conditions.

1.5.2. The Bid shall be based upon the standards of quality established by those items of equipment and/or materials which are specifically identified in the Contract Documents.

1.5.3. Burden of proof of merit of requested substitution is the responsibility of the Contractor.

1.5.4. It is the sole responsibility of Contractor to submit the proper content of any requests for substitutions. Incomplete submittals will be rejected.

1.6. REGULATORY REQUIREMENTS

1.6.1. It shall be the responsibility of Contractor to obtain all regulatory approvals required for proposed substitutions.

1.6.2. All regulatory approvals shall be obtained for proposed substitutions prior to submittal of substitution request to Landscape Architect.

1.6.3. All costs incurred by the City in obtaining regulatory approvals for proposed substitutions to include the costs of the Landscape Architect and any authority having jurisdiction over the Project shall be reimbursed to the City. Costs of these services shall be reimbursed regardless of final acceptance or rejection of substitution.

1.7. SUBSTITUTION REPRESENTATION

1.7.1. In submitting a request for substitution, Contractor makes the representation that:

1.7.2. Contractor has investigated the proposed substitution and determined that it meets or exceeds the quality level of the specified product;

1.7.3. Contractor has determined that all components of the proposed substitution are 403

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identical and fully interchangeable with the product name and number specified;

1.7.4. Contractor will provide the same warranty or guarantee for the substitution as for the specified product;

1.7.5. Contractor will coordinate installation and make changes to other work which may be required for the work to be completed with no additional cost to the City;

1.7.6. Contractor waives claims for additional cost or time extension which may subsequently become apparent; and

1.7.7. Contractor will reimburse City for the cost of City’s and Landscape Architect's review or redesign services associated with substitution request.

1.8. SUBMITTAL PROCEDURE

1.8.1. Submit two (2) copies of each request or pdf format electronically as directed by the City.

1.8.2. Submit request using City’s Substitution Request Form, if available, as indicated in Contract Forms and Submittals. Substitution requests that are not on City’s required form, if available, shall be returned without review.

1.8.3. Limit each request to one proposed substitution.

1.8.4. Request to include sufficient data so that direct comparison of proposed substitution can be made.

1.8.5. Provide complete documentation for each request. Documentation shall include the following information, as appropriate, as a minimum:

1.8.5.1. Statement of cause for substitution request.

1.8.5.2. Identify product by specification section and article number.

1.8.5.3. Provide manufacturer's name, address, and phone number. List fabricators, suppliers, and installers as appropriate.

1.8.5.4. List similar projects where proposed substitution has been used, dates of installation and names of Landscape Architect and City.

1.8.5.5. List availability of maintenance services and replacement materials.

1.8.5.6. Documented or confirmation of regulatory approval.

1.8.5.7. Product data, including drawings and descriptions of products.

1.8.5.8. Fabrication and installation procedures.

1.8.5.9. Samples of proposed substitutions.

1.8.5.10.Itemized comparison of significant qualities of the proposed substitution with 404

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those of the product specified. Significant qualities may include size, weight, durability, performance requirements and visual effects.

1.8.5.11.Coordination information, including a list of changes or modifications needed to other items of work that will become necessary to accommodate proposed substitution.

1.8.5.12.Statement on the substitutions effect on the Construction Schedule.

1.8.5.13.Cost information including a proposal of the net reduction in cost to the Contract Price if the proposed substitution is accepted.

1.8.5.14.Certification that the substitution is equal to or better in every respect to that required by the Contract Documents and that substitution will perform adequately in the application intended.

1.8.5.15.Waiver of right to additional payment or time that may subsequently become necessary because of failure of substitution to perform adequately.

1.8.6. Inadequate warranty, vagueness of submittal, failure to meet specified requirements, or submittal of insufficient data will be cause for rejection of substitution request.

1.9. CITY’S REVIEW

1.9.1. The City will accept or reject proposed substitution within a reasonable amount of time.

1.9.2. If a request is made prior to bid opening and the City has not completed its review, Contractor shall base its bid on the product specified only.

1.9.3. There shall be no claim for additional time for review of proposed substitutions.

1.9.4. Final acceptance of a substitution submitted prior to the date established for the receipt of bids will be in the form of an addendum.

END OF SECTION
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CITY OF RICHMOND
CONTRACT MODIFICATION PROCEDURES 01 26 00 - 1
SECTION 01 26 00

CONTRACT MODIFICATION PROCEDURES

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any);

1.1.3. Allowances;

1.1.4. Product Options and Substitutions; and

1.1.5. Project Coordination.

1.2. DESCRIPTION

1.2.1. This Document contains procedures to be followed by the Contractor to request changes in the Contract Time of the Contract Price.

1.2.2. IF THERE IS ANY INCONSISTENCY IN THIS DOCUMENT WITH THE PROVISIONS IN THE

GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS THAT THE

CONTRACTOR SHALL COMPLY WITH RELATED TO CHANGES AND/OR REQUESTS FOR CHANGES (e.g., “Change in the Work”), THOSE PROVISIONS IN THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS SHALL TAKE PRECEDENCE.

1.3. SUMMARY
This Document specifies administrative and procedural requirements for handling and processing Contract modifications.

1.4. CONSTRUCTION CHANGE DIRECTIVE
The City may as provided by law, by Construction Directive and without invalidating the Contract, order changes in the Work consisting of additions, deletions, or other revisions.

1.5. PRICE REQUESTS

1.5.1. Do not consider Price Requests to be instructions either to stop work in progress or to execute the proposed change.

1.5.2. Within time specified in Price Request after receipt of Price Request, submit a quotation estimating cost adjustments to the Contract Price and the Contract Time necessary to execute the change.
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1.5.2.1. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

1.5.2.2. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

1.5.2.3. Include costs of labor and supervision directly attributable to the change.

1.5.2.4. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.

1.6. PROPOSED CHANGE ORDERS
Contractor may propose changes by submitting a request for a change on City’s Proposed Change Order form (PCO) to City.

1.6.1. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.

1.6.2. Comply with Contract Document requirements if the proposed change requires substitution of one product or system for product or system specified.

END OF SECTION
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REQUESTS FOR INFORMATION 01 26 10 - 1
SECTION 01 26 10

REQUESTS FOR INFORMATION

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any);

1.1.3. Documentation Requirements;

1.1.4. Electronic Data Transfer;

1.1.5. Submittals;

1.1.6. Contract Closeout and Final Cleaning;

1.1.7. Operation and Maintenance Data;

1.1.8. Warranties; and

1.1.9. Record Documents;

1.2. DESCRIPTION
This Document contains procedures to be followed by the Contractor to request Landscape Architect provide additional information necessary to clarify or amplify an item in the Contract Documents that Contractor thinks is not clearly shown or called for in the Drawings or Specifications or other portions of the Contract Documents, or to address issues that have arisen under field conditions.

1.3. PROCEDURES

1.3.1. Notification by Contractor:

1.3.1.1. Submit all requirements for clarification or additional information, whether originated by the Contractor, a Subcontractor, or supplier at any tier, in writing to City as required by the Contract Documents through the Project Management software.

1.3.1.2. Number RFIs sequentially. Follow RFI number with sequential alphabetical suffix as necessary for each resubmission. For example, the first RFI would be “001.” The second RFI would be “002.”

1.3.1.3. All RFIs shall reference all applicable Contract Document(s), including Specification section(s), detail(s), page number(s), drawing number(s), and sheet number(s), etc. Contractor shall make suggestions and interpretations of 408

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the issue raised by each RFI. An RFI cannot modify the Contract Price, Contract Time, or the Contract Documents.

1.3.1.4. Limit each RFI to one subject.

1.3.2. Contractor shall not:

1.3.2.1. Submit an RFI as a request for substitution.

1.3.2.2. Submit an RFI as a submittal.

1.3.2.3. Submit an RFI without first having thoroughly reviewed the Contract Documents.

1.3.2.4. Submit an RFI in a manner that suggests that specific portions of the Contract Documents are assumed to be excluded or by taking an isolated portion of the Contract Documents in part rather than whole.

1.3.2.5. Submit an RFI in an untimely manner without proper coordination and scheduling of Work related trades.

1.3.2.6. If Contractor submits an RFI contrary to the above, Contractor shall pay the cost of any review, which cost shall be deducted from the Contract Price.

1.3.3. Contractor shall be liable to the City for all costs incurred by the City associated with the processing, reviewing, evaluating and responding to any RFI, including without limitation, fees of the Landscape Architect and any other design consultant to the Landscape Architect or the City, that City reasonably determines:

1.3.3.1. Does not reflect adequate or competent supervision or coordination by the Contractor or any Subcontractor; or

1.3.3.2. Does not reflect the Contractor's adequate or competent knowledge of the requirements of the Work or the Contract Documents;

1.3.3.3. Requests an interpretation or decision of a matter where the information sought is equally available to the Contractor; or

1.3.3.4. Is not justified for any other reason.

1.4. RESPONSE TIME

1.4.1. Landscape Architect shall review RFIs and issue a response and instructions to Contractor within a reasonable time frame (5 business days), from the date the RFI is received and dated by the City.

1.4.2. Responses from the City will not change any requirement of the Contract unless so noted by the City in the response to the RFI. Should the Contractor contend that a response to an RFI causes a change to the Contract that requires a Change Order, the Contractor shall, before proceeding, give written notice to the City, indicating that the Contractor considers the City’s response to the RFI to be a Change Order, as required by the Contract Documents.
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1.4.3. Should Contractor direct its Subcontractors to proceed with the Work affected before receipt of a response from Landscape Architect, any portion of the Work which is not done in accordance with the Landscape Architect’s ultimate interpretations, clarifications, instructions, or decisions is subject to removal or replacement at Contractor’s sole expense and responsibility.

END OF SECTION
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PROJECT MEETINGS 01 31 00 - 1
SECTION 01 31 00

PROJECT MEETINGS

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS:

Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any); and

1.1.3. Technical Specifications.

1.2. SECTION INCLUDES

1.2.1. Coordination Responsibilities of the Contractor.

1.2.2. Field Engineering Responsibilities of the Contractor.

1.2.3. Preconstruction Conference.

1.2.4. Progress Meetings.

1.2.5. Pre-Installation Conferences.

1.3. COORDINATION RESPONSIBILITIES OF THE CONTRACTOR

1.3.1. Coordinate scheduling, submittals, and Work of the Specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later.

1.3.2. Prior to commencement of a particular type or kind of Work examine relevant information, contract documents, and subsequent data issued to the Project.

1.3.3. Verify that utility requirement characteristics of operating equipment are compatible with building utilities. Coordinate Work of various sections having interdependent responsibilities for installing, connecting to, and placing in service such equipment.

1.3.4. Closing up of holes, backfilling, and other covering up operations shall not proceed until all enclosed or covered Work and inspections have been completed. Verify before proceeding.

1.3.5. Coordinate space requirements and installation of mechanical and electrical Work which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs.
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1.3.6. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements.

1.3.7. In locations where several elements of mechanical and electrical Work must be sequenced and positioned with precision in order to fit into available space, prepare coordination drawings showing the actual conditions required for the installation.

Prepare coordination drawings prior to purchasing, fabricating, or installing any of the elements required to be coordinated.

1.3.8. Closing up of walls, partitions or furred spaces, backfilling, and other covering up operations shall not proceed until all enclosed or covered Work and inspections have been completed. Verify before proceeding.

1.3.9. Coordinate completion and cleanup of Work of separate sections in preparation for completion and for portions of Work designated for City’s occupancy.

1.3.10. After City occupancy of Project, coordinate access to Site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of City's activities.

1.3.11. Coordinate all utility company Work in accordance with the Contract Documents.

1.3.12. Key Personnel Names: Within five (5) working days of receiving Notice to Proceed, submit a list of key personnel and their assignments and contact information, including superintendent and other personnel in attendance at Project site.

1.4. FIELD ENGINEERING RESPONSIBILITIES OF THE CONTRACTOR

1.4.1. Contractor shall employ a Land Surveyor registered in the State of California and acceptable to the Landscape Architect.

1.4.2. Control datum for survey is that established by City provided survey. Contractor to locate and protect survey control and reference points.

1.4.3. Replace dislocated survey control points based on original survey control.

1.4.4. Provide field engineering services. Establish elevations, lines, and levels utilizing recognized engineering survey practices.

1.4.5. Upon completion of Work, submit certificate signed by the Land Surveyor that elevations and locations of Work are in conformance with Contract Documents. Record deviations on Record Drawings.

1.5. PRECONSTRUCTION CONFERENCE

1.5.1. Construction Manager or City Project Manager will schedule a conference immediately after, and in no case more than ten (10) days after issuing of Notice to Proceed and/or receipt of fully executed Contract Documents prior to Project mobilization.

1.5.2. Mandatory Attendance: Construction Manager, Project Engineer, City Project Manager, Landscape Architect of Record, Contractor, Contractor's Project Manager, and Contractor's Job/Project Superintendent.
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1.5.3. Optional Attendance: Landscape Architect's consultants, and utility company representatives.

1.5.4. Construction Manager shall preside at conference and the Construction Manager shall prepare and record minutes and distribute copies.

1.6. PROGRESS MEETINGS

1.6.1. Contractor shall schedule and administer meetings throughout progress of the Work at a minimum of every week.

1.6.2. Contractor will make arrangements for meetings, prepare agenda, and preside at meetings. Contractor shall record and distribute meeting minutes.

1.6.3. Attendance Required: Job Superintendent, Construction Manager, Project Engineer, City Project Manager, Landscape Architect of Record, Subcontractors, and suppliers as appropriate to agenda topics for each meeting.

1.6.4. City has authority to schedule mandatory meetings other than those listed, as necessary.

1.7. PRE-INSTALLATION CONFERENCES

1.7.1. When required in individual specification section, Contractor shall convene a preinstallation conference prior to commencing Work of the section. Refer to individual specification section for timing requirements of conference.

1.7.2. Contractor shall require its Subcontractors and suppliers directly affecting, or affected by, Work of the specific section to attend.

1.7.3. Notify the Construction Manager, City Project Manager and Landscape Architect of Record five (5) working days in advance of meeting date.

1.7.4. A pre-installation conference may coincide with a regularly scheduled progress meeting.

1.7.5. Contractor shall prepare agenda, preside at conference, record minutes, and distribute copies.

1.7.6. Pre-installation Schedule: As a minimum, Work being installed under the Contract Documents technical sections will require pre-installation conferences. Contractor shall review the technical specifications and add all additional requirements for preinstallation meetings contained in those sections.

END OF SECTION
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CITY OF RICHMOND
CONSTRUCTION SCHEDULE 01 32 16 - 1
SECTION 01 32 16

CONSTRUCTION SCHEDULE

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISION
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any);

1.1.3. Coordination and Meetings; and

1.1.4. Submittals.

1.2. REFERENCES

1.2.1. Construction Planning and Scheduling Manual - A Manual for General Contractors and the Construction Industry, The Associated General Contractors of America (AGC).

1.2.2. CSI - Construction Specifications Institute MP-2-1 Master Format.

1.2.3. U.S. National Weather Service - Local Climatological Data.

1.3. PERFORMANCE REQUIREMENTS

1.3.1. Ensure adequate scheduling during construction activities so Work may be prosecuted in an orderly and expeditious manner within stipulated Contract Time.

1.3.2. Ensure coordination of Contractor and Subcontractors at all levels.

1.3.3. Ensure coordination of submittals, fabrication, delivery, erection, installation, and testing of products, materials and equipment.

1.3.4. Ensure on-time delivery of City furnished products, materials and equipment.

1.3.5. Ensure coordination of jurisdictional reviews.

1.3.6. Monitor progress of Work.

1.3.7. Prepare proper requests for changes to Contract Time.

1.3.8. Prepare proper requests for changes to Construction Schedule.

1.3.9. Assist in detection of schedule delays and identification of corrective actions. 414

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1.4. QUALITY ASSURANCE

1.4.1. Perform scheduling work in accordance with Construction Planning and Scheduling Manual published by the AGC.

1.4.2. Maintain one copy of Construction Planning and Scheduling Manual on Site.

1.4.3. In the event of discrepancy between the AGC publication and the Contract Documents, provisions of the Contract Documents shall govern.

1.5. QUALIFICATIONS

1.5.1. Scheduler:

1.5.1.1. Contractor shall retain a construction scheduler to work in enough capacity to perform all of the Contractor’s requirements to prepare the Construction Schedule. The Scheduler shall plan, coordinate, execute, and monitor a cost/resource loaded CPM schedule as required for Project and have a minimum of five (5) years direct experience using Project Scheduling software, as approved by Owner..

1.5.1.2. Scheduler will cooperate with City and shall be available on site for monitoring, maintaining and updating schedules in a timely manner.

1.5.1.3. City has the right to reject the Scheduler based upon a lack of experience as required by this Document or based on lack of performance and timeliness of schedule submittals/fragnets on past projects. Contractor shall within seven (7) calendar days of City’s rejection, propose another scheduler who meets the experience requirements stated above.

1.5.2. Administrative Personnel: Five (5) years minimum experience in using and monitoring schedules on comparable projects.

1.6. SUBMITTALS

1.6.1. Submit Master Construction Schedule at the beginning of construction. During construction, submit updated Master Construction Schedule within first week of each month.

1.6.2. Submit Short Interval Schedule at each Construction Progress Meeting.

1.6.3. Submit Time Adjustment Schedule within five (5) days of commencement of a claimed delay.

1.6.4. Submit Recovery Schedules as required for timely completion of Work or when demanded by the City.

1.6.5. Submit job cost reports when requested by the City.

1.6.6. Submit one (1) reproducible and two (2) copies of each schedule and cost report. 415

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1.7. REVIEW AND EVALUATION

1.7.1. Contractor shall participate in joint review of Construction Schedule and Reports with City, Construction Manager and Landscape Architect.

1.7.2. Within seven (7) days of receipt of City and/or Construction Manager’s comments provide satisfactory revision to Construction Schedule or adequate justification for activities in question.

1.7.3. In the event that an activity or element of Work is not detected by City or Construction Manager review, such omission or error shall be corrected by next scheduled update and shall not affect Contract Time.

1.7.4. Acceptance by City of corrected Construction Schedule shall be a condition precedent to making any progress payments.

1.7.5. Review and acceptance by City and Construction Manager of Preliminary Construction Schedule or Construction Schedule does not constitute responsibility whatsoever for accuracy or feasibility of schedules nor does such acceptance expressly or impliedly warrant, acknowledge or admit reasonableness of activities, logic, duration, manpower, cost or equipment loading stated or implied on schedules.

1.8. FORMAT

1.8.1. Prepare diagrams and supporting mathematical analyses using Precedence Diagramming Method, under concepts and methods outlined in AGC Construction Planning and Scheduling Manual, or other method pre-approved by City.

1.8.2. Illustrate order and interdependence of activities and sequence of Work.

1.8.3. Illustrate complete sequence of construction by activity.

1.8.4. Provide legend of symbols and abbreviations used.

1.9. COST AND SCHEDULE REPORTS

1.9.1. Activity Analysis: Tabulate each activity of network diagram and identify for each activity:

1.9.1.1. Description.

1.9.1.2. Interface with outside contractors or agencies.

1.9.1.3. Number.

1.9.1.4. Preceding and following number.

1.9.1.5. Duration.

1.9.1.6. Earliest start date.
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1.9.1.7. Earliest finish date.

1.9.1.8. Actual start date.

1.9.1.9. Actual finish date.

1.9.1.10. Latest start date.

1.9.1.11. Latest finish date.

1.9.1.12. Total and free float.

1.9.1.13. Identification of critical path activity.

1.9.1.14. Monetary value keyed to Schedule of Values.

1.9.1.15. Manpower requirements.

1.9.1.16. Responsibility.

1.9.1.17. Percentage complete.

1.9.1.18. Variance positive or negative.

1.9.2. Required Sorts: List activities in sorts or groups:

1.9.2.1. By activity number.

1.9.2.2. By amount of float time in order of early start.

1.9.2.3. By responsibility in order of earliest start date.

1.9.2.4. In order of latest start dates.

1.9.2.5. In order of latest finish dates.

1.9.2.6. Application for payment sorted by Schedule of Values.

1.9.2.7. Listing of activities on critical path.

1.9.3. Listing of basic input data which generates schedule.

1.10. CONSTRUCTION SCHEDULE

1.10.1. Contractor shall develop and submit a preliminary schedule of construction (or Preliminary Construction Schedule) as required by this Document and the Contract Documents. It shall be submitted in computer generated network format and shall be organized by Activity Codes representing the intended sequencing of the Work, and with time scaled network diagrams of activities. The Preliminary Construction Schedule shall include activities such as mobilization, preparation of submittals, specified review periods, procurement items, fabrication items, milestones, and all detailed construction 417

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activities.

1.10.2. Upon City’s acceptance of the Preliminary Construction Schedule, Contractor shall update the accepted Preliminary Construction Schedule until Contractor’s Construction Schedule is fully developed and accepted. Since updates to the Construction Schedule are the basis for payment to Contractor, submittal and acceptance of the Construction Schedule and updates shall be a condition precedent to making of monthly payments, as indicated in the General Conditions.

1.10.3. Failure to submit an adequate or accurate Preliminary Construction Schedule, Construction Schedule, updates thereto or failure to submit on established dates, will be considered a breach of Contract.

1.10.4. The Construction Schedule shall comply with the following and include the following:

1.10.4.1. Provide a written narrative describing Contractor’s approach to mobilization, procurement, and construction during the first thirty (30) calendar days including equipment and material delivery, Site access, submittals, and permits.

1.10.4.2. Shall designate critical path or paths.

1.10.4.3. Procurement activities to include mobilization, shop drawings and sample submittals.

1.10.4.4. Identification of key and long-lead elements and realistic delivery dates.

1.10.4.5. Approximate duration of each activity.

1.10.4.6. Shall contain seasonal weather considerations.

1.10.4.7. Indicate a date for Project Completion that is no later than Completion Date subject to any time extensions processed as part of a Change Order.

1.10.4.8. Conform to mandatory dates specified in the Contract Documents.

1.10.4.9. Contractor shall allow for inclement weather in the Proposed Baseline Schedule by incorporating an activity titled “Rain Day Impact Allowance” as the last activity prior to the Completion Milestone. No other activities may be concurrent with it. The duration of the Rain Day Impact Allowance activity will be in accordance with the Supplementary Conditions, and will be calculated from the Notice to Proceed until the Completion.

1.10.4.10. Level of detail shall correspond to complexity of work involved.

1.10.4.11. Indicate procurement activities, delivery, and installation of City furnished material and equipment.

1.10.4.12. Subcontractor work at all levels shall be included in schedule. 418

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1.10.4.13. As developed, shall show sequence and interdependence of activities required for complete performance of Work.

1.10.4.14. Shall be logical and show a coordinated plan of Work.

1.10.4.15. Duration of activities shall be coordinated with Subcontractors and suppliers and shall be best estimate of time required.

1.10.4.16. Shall show description, duration and float for each activity.

1.10.5. Equipment and Materials. For major equipment and materials show a sequence of activities including:

1.10.5.1. Preparation of shop drawings and sample submissions.

1.10.5.2. Review of shop drawings and samples.

1.10.5.3. Finish and color selection.

1.10.5.4. Fabrication and delivery.

1.10.5.5. Erection or installation.

1.10.5.6. Testing.

1.10.6. Include a minimum of fifteen (15) days prior to Completion Date for punch lists and clean up. No other activities shall be scheduled during this period.

1.11. SHORT INTERVAL SCHEDULE

1.11.1. The Four-Week Rolling Schedule (one week prior to current week, current week and two weeks after current week) shall be based on the most recent City Accepted Construction Schedule or Update. It shall include weekly updates to all construction, submittal, fabrication/procurement, and separate Work Contract activities. Contractor shall ensure that it accurately reflects the current progress of the Work.

1.11.2. Shall be fully developed horizontal bar-chart-type schedule directly derived from Construction Schedule.

1.11.3. Prepare schedule on sheet of sufficient width to clearly show data.

1.11.4. Provide continuous heavy vertical line identifying first day of week.

1.11.5. Provide continuous subordinate vertical line identifying each day of week.

1.11.6. Identify activities by same activity number and description as Construction Schedule.

1.11.7. Show each activity in proper sequence.

1.11.8. Indicate graphically sequences necessary for related activities. 419

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1.11.9. Indicate activities completed or in progress for previous two (2) week period.

1.11.10. Indicate activities scheduled for succeeding three (3) week period.

1.11.11. Further detail should be added if necessary to monitor schedule or if requested by City.

1.12. REQUESTED TIME ADJUSTMENT SCHEDULE

1.12.1. Updated Construction Schedule shall not show a Completion Date later than the Contract Time, subject to any time extensions processed as part of a Change Order.

1.12.2. If an extension of time is requested, a separate schedule entitled "Requested Time Adjustment Schedule" shall be submitted to City and Landscape Architect.

1.12.3. Indicate requested adjustments in Contract Time which are due to changes or delays in completion of Work.

1.12.4. Extension request shall include forecast of Project Completion date and actual achievement of any dates listed in Contract Documents.

1.12.5. To the extent that any requests are pending at time of any Construction Schedule update, Time Adjustment Schedule shall also be updated.

1.12.6. Schedule shall be a time-scaled network analysis.

1.12.7. Accompany schedule with formal written time extension request and detailed impact analysis justifying extension.

1.12.8. Time impact analysis shall demonstrate time impact based upon date of delay, and status of construction at that time and event time computation of all affected activities.

Event times shall be those as shown in latest Construction Schedule.

1.12.9. Activity delays shall not automatically constitute an extension of Contract Time.

1.12.10. Failure of Subcontractors shall not be justification for an extension of time.

1.12.11. Float is not for the exclusive use or benefit of any single party. Float time shall be apportioned according to needs of Project, as determined by the City.

1.12.12. Float suppression techniques such as preferential sequencing, special lead/lag logic restraints, extended activity durations, or imposed dates shall be apportioned according to benefit of Project.

1.12.13. Extensions will be granted only to extent that time adjustments to activities exceed total positive float of the critical path and extends Completion date.

1.12.14. City shall not have an obligation to consider any time extension request unless requirements of Contract Documents, and specifically, but not limited to these requirements, are complied with.

1.12.15. City shall not be responsible or liable for any construction acceleration due to failure of City to grant time extensions under Contract Documents should requested adjustments 420

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in Contract Time not substantially comply with submission and justification requirements of Contract for time extension requests.

1.12.16. In the event a Requested Time Adjustment Schedule and Time Impact Analysis are not submitted within ten (10) days after commencement of a delay it is mutually agreed that delay does not require a Contract Time extension.

1.13. RECOVERY SCHEDULE

1.13.1. When activities are behind Construction Schedule a supplementary Recovery Schedule shall be submitted.

1.13.2. Contractor shall prepare and submit to the City a Recovery Schedule whenever activities are behind Construction Schedule or at any time requested by the City, at no cost to the City.

1.13.3. Form and detail shall be sufficient to explain and display how activities will be rescheduled to regain compliance with Construction Schedule and to complete the Work by the Completion Date.

1.13.4. Maximum duration shall be one (1) month and shall coincide with payment period.

1.13.5. Ten (10) days prior to expiration of Recovery Schedule, Contractor shall have to show verification to determine if activities have regained compliance with Construction Schedule. Based upon this verification the following will occur:

1.13.5.1. Supplemental Recovery Schedule will be submitted to address subsequent payment period.

1.13.5.2. Construction Schedule will be resumed.

1.14. UPDATING SCHEDULES

1.14.1. Review and update schedules at least ten (10) days prior to submitting an Application for Payment. Submit the schedule in the original format, pdf format, and hard copy.

1.14.2. Maintain schedules to record actual prosecution and progress.

1.14.3. Approved Change Orders which affect schedules shall be identified as separate new activities.

1.14.4. No other revisions shall be made to schedules unless authorized by City.

1.14.5. Schedule Narrative Report: Contractor shall include a written report to explain the Monthly Schedule Update. The narrative shall, at a minimum, include the following headings with appropriate discussions of each topic:

1.14.5.1. Activities or portions of activities completed during previous reporting period.

1.14.5.2. Actual start dates for activities currently in progress.

1.14.5.3. Deviations from critical path in days ahead or behind. 421

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1.14.5.4. List of major construction equipment used during reporting period and any equipment idle.

1.14.5.5. Number of personnel by trade engaged on Work during reporting period.

1.14.5.6. Progress analysis describing problem areas.

1.14.5.7. Current and anticipated delay factors and their impact.

1.14.5.8. Proposed corrective actions and logic revisions for Recovery Schedule.

1.14.5.9. Proposed modifications, additions, deletions and changes in logic of Construction Schedule.

1.14.5.10. In updating the Schedule, Contractor shall not modify Activity ID numbers, schedule calculation rules/criteria, or the Activity Coding Structure required.

1.14.6. Schedule update will form basis upon which progress payments will be made.

1.14.7. City will not be obligated to review or process Application for Payment until the Construction Schedule and Schedule Narrative Report have been submitted.

1.15. DISTRIBUTION

1.15.1. Following joint review and acceptance of updated schedules distribute copies to City, Construction Manager, Landscape Architect, and all other concerned parties.

1.15.2. Instruct recipients to promptly report in writing any problem anticipated by projections shown in schedules.

2. PRODUCTS

2.1. SCHEDULING SOFTWARE
Contractor shall utilize City-approved software and shall employ the Critical Path Method (CPM) in the development and maintenance of the Construction Schedule . It shall be capable of generating timescaled logic diagrams, resource histograms and profiles, bar charts, layouts and reports with any and/or all activity detail.

2.2. ELECTRONIC DATA
Provide electronic copies of all schedules in a format approved by the City.

END OF SECTION
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SECTION 01 33 00

SUBMITTALS

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISION
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions;

1.1.3. Instructions to Bidders;

1.1.4. Summary of Work;

1.1.5. Contract Forms and Submittals;

1.1.6. Product Options and Substitutions;

1.1.7. Requests for Information;

1.1.8. Contract Closeout and Final Cleaning;

1.1.9. Operation and Maintenance Data;

1.1.10. Warranties;

1.1.11. Record Documents; and

1.1.12. Demonstration and Training;

1.2. DOCUMENT INCLUDES

1.2.1. Submittal procedures

1.2.2. Shop drawings.

1.2.3. Electronic Submittal Process

1.2.4. Product data.

1.2.5. Samples.

1.2.6. Manufacturers' Instructions.

1.2.7. Manufacturers' Certificates.

1.2.8. Mock-Up.
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1.2.9. Deferred permit approval requirements.

1.3. SUBMITTAL PROCEDURES –
Contractor shall utilize City-approved web-based Project Management software for the submittal process.

1.3.1. Contractor shall transmit each submittal in conformance with requirements of this Document. For each submittal, Contractor shall:

1.3.1.1. Sequentially number the transmittal forms. Resubmitted submittals must have the original number with an alphabetic suffix;

1.3.1.2. Identify Project and Landscape Architect's project number, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate;

1.3.1.3. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. Submittals without Contractor's stamp and signature will be returned without review.

1.3.2. Coordinate preparation and processing of submittals with performance of Work.

Transmit each submittal sufficiently in advance of performance of Work to avoid delay.

1.3.2.1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity.

1.3.2.2. Coordinate transmittal of different types of submittals for related parts of Work so processing will not be delayed because of the need to review submittals concurrently for coordination.

1.3.2.3. Landscape Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.

1.3.3. Comply with Contract Documents for list of submittals and time requirements for scheduled performance of Work.

1.3.4. No extension of Contract Time will be authorized because of failure to transmit submittals to the Landscape Architect sufficiently in advance of the Work to permit processing.

1.3.5. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work.

1.3.6. Provide space for Contractor and Landscape Architect review stamps.

1.3.7. Revise and resubmit submittals as required, identify all changes made since previous submittal.
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1.3.8. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions.

1.3.9. Submittals not requested will not be recognized or processed. Submittals not requested will be returned without review.

1.4. SHOP DRAWINGS

1.4.1. Prepare Project-specific information, drawn accurately to scale. Do not reproduce Contract Documents or copy standard information as the basis of shop drawings.

Standard information prepared without specific reference to the Project is not a shop drawing.

1.4.2. Do not use or allow others to use Shop Drawings which have been submitted and have been rejected.

1.4.3. Preparation: Fully illustrate requirements in Contract Documents. Include the following information, as applicable:

1.4.3.1. Dimensions.

1.4.3.2. Identification of products.

1.4.3.3. Fabrication and installation drawings.

1.4.3.4. Roughing-in and setting diagrams.

1.4.3.5. Wiring diagrams showing field-installed wiring, including power, signal, and control wiring.

1.4.3.6. Shop work manufacturing instructions.

1.4.3.7. Templates and patterns.

1.4.3.8. Schedules.

1.4.3.9. Design calculations.

1.4.3.10. Compliance with specified standards.

1.4.3.11.Notation of coordination requirements.

1.4.3.12.Notation of dimensions established by field measurements.

1.4.3.13.Relationship to adjoining construction clearly indicated.

1.4.3.14.Seal and signature of professional engineer if specified.

1.4.3.15.Wiring Diagrams: Differentiate between manufacturer-installed and fieldinstalled wiring.

1.4.3.16.All deviations from the Contract Documents, clearly indicated. 425

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1.4.3.17.Copy of letter indicating acceptance of deviations indicated on the submittal.

1.4.4. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 mm) but no larger than 30 by 40 inches (750 by 1000 mm).

1.4.5. Do not use Shop Drawings without an appropriate final stamp from the Contractor and City indicating action taken in connection with construction.

1.4.6. Deviations from Contract Documents require specific written acceptance by the City of the noted deviation and clear indication on the submittal.

1.5. ELECTRONIC SUBMITTAL PROCESS

1.5.1. Submittal Procedure for Large Format Shop Drawings.

1.5.1.1. Contractor shall provide two (2) paper copies of the large format Shop Drawings directly to the Landscape Architect and Contractor will upload/post an electronic drawing file with a transmittal (with a detailed description of the submittal including the subject, specification number and number of drawings) on the Project Management software

1.5.1.2. Contractor shall verify that the Schedule of Submittals and all submittal log(s) on Project Management software are accurate and up to date.

1.5.1.3. The Landscape Architect will review and markup each Submittal and provide changes to Contractor for Contractor’s incorporation into the Submittal.

1.5.1.4. This process will continue until the Contractor has provided a Submittal that is acceptable to the City and the Landscape Architect.

1.5.1.5. Once a Submittal is accepted, the Landscape Architect will provide a final accepted Submittal to the Contractor and the Contractor will closeout that one Submittal.

1.5.1.6. Contractor shall send one (1) copy of the completed record submittal of the large format documents to a vendor for scanning and upload on Project Management software .

1.5.2. Product Data, Calculations and Small Format Drawings

1.5.2.1. Contractor shall upload/post one (1) electronic copy (from manufacturer’s website or pre-scanned) of the product literature, data, calculations, and/or small format shop drawings to Project Management software with a Transmittal (with a detailed description of the submittal) directly to the CM.

1.5.2.2. The Landscape Architect will review and markup each Submittal and provide changes to Contractor for Contractor’s incorporation into the Submittal.

1.5.2.3. This process will continue until the Contractor has provided a Submittal that is acceptable to the City and the Landscape Architect.
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1.5.2.4. Once a Submittal is accepted, the Landscape Architect will provide a final accepted Submittal to the Contractor and the Contractor will closeout that one Submittal.

1.5.2.5. Contractor shall send one (1) copy of the completed record submittal of the documents to a vendor for scanning and upload on Project Management software.

1.5.3. Sample Submittal Procedure – (Product / Assembly Samples)

1.5.3.1. Contractor shall provide four (4) physical samples directly to the Landscape Architect and Contractor will upload/post an electronic transmittal (with a detailed description of the submittal including the subject, specification number and number of drawings) on Project Management software.

1.5.3.2. The Landscape Architect will review and markup each Submittal and provide changes to Contractor for Contractor’s incorporation into the Submittal.

1.5.3.3. This process will continue until the Contractor has provided a Submittal that is acceptable to the City and the Landscape Architect.

1.5.3.4. Once a Submittal is accepted, the Landscape Architect will provide a final accepted Submittal to the Contractor and the Contractor will closeout that one Submittal.

1.5.3.5. Contractor shall send one (1) copy of the completed record submittal of the documents to a vendor for scanning and upload on Project Management software.

1.6. PRODUCT DATA

1.6.1. In addition to the above requirements, mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project.

1.6.2. After review, distribute in accordance with the above provisions and provide copies for Record Documents described in the Contract Documents.

1.7. SAMPLES

1.7.1. In addition to the above requirements, submit samples to illustrate functional and aesthetic characteristics of the Product in accordance with this Document, with integral parts and attachment devices. Coordinate sample submittals for interfacing work.

1.7.2. Where specific colors or patterns are not indicated, provide materials and products specified in the full range of color, texture and pattern for selection by City. Range shall include standard stocked color/texture/pattern, standard color/texture/pattern not stocked, but available from manufacturer, and special color/ texture/pattern available from manufacturer as advertised in product data and brochures. Unless otherwise indicated in individual specification sections, City may select from any range at no additional cost to City.
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1.7.3. Include identification on each sample, with full Project information.

1.7.4. Submit the number of samples that Contractor requires, plus one that will be retained by Landscape Architect and one by City.

1.7.5. Reviewed samples which may be used in the Work are indicated in individual specification Sections.

1.8. MANUFACTURERS’ INSTRUCTIONS

1.8.1. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data.

1.8.2. Identify conflicts between manufacturers' instructions and Contract Documents.

1.9. MANUFACTURERS’ CERTIFICATES

1.9.1. When specified in individual specification Sections, submit manufacturers' certificates to Landscape Architect for review, in quantities specified for Product Data.

1.9.2. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate.

1.9.3. Certificates may be recent or previous test results on material or Product, but must be acceptable to City.

1.10. MOCK-UP

1.10.1. Where indicated, provide mock-ups as required. Mock-ups shall be prepared per the specifications and shall accurately and reasonably represent the quality of construction the Contractor will provide. If the mock-up or portions thereof do not adequately represent the quality of the work specified, the Contractor shall modify the mock-up as needed.

1.10.2. Once completed to the City’s satisfaction, the mock-up shall serve as the standard of quality for the work.

1.10.3. All mock-ups, at City’s option, shall remain the property of the City. If not required by the City, Contractor shall remove and dispose of the mock-up.

1.10.4. Where indicated, on-site mock-ups, if accepted, may be integrated into the Work.

1.11. LANDSCAPE ARCHITECT'S REVIEW OF SUBMITTALS

1.11.1. Landscape Architect will review and respond to the submittals within a reasonable time period (typically 10 working days, 15 working days requiring review from multiple consultants) from the date of submission of a complete submittal.

1.11.2. Submittals will be reviewed and stamped by the Landscape Architect "No exceptions taken," "Submit specified item" or "Make corrections noted" to indicate full or 428

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conditioned approval or "Revise and resubmit" or "Rejected" to indicate disapproval.

Terms are defined as follows:

1.11.2.1. No Exceptions Taken: Accepted subject to its compatibility with future submittals and additional partial submittals for portions of the work not covered in this submittal. Does not constitute approval or deletion of specified or required items not shown in the partial submittal.

1.11.2.2. Submit specified item: Submit to the Landscape Architect the items indicated for review.

1.11.2.3. Correct as noted: Same as 1., except that minor corrections as noted shall be made by the Contractor. No resubmittal required.

1.11.2.4. Revise and resubmit: Rejected because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the Landscape Architect.

1.11.2.5. Rejected: Submitted material does not conform to plans and specifications in major respect. For example, wrong size, model, capacity or material.

Resubmit.

1.11.2.6. Receipt Acknowledged. Received, recorded and distributed without further action.

1.11.3. Submittals reviewed by the Landscape Architect which have been stamped shall be deemed to have the following language affixed and made a part thereof, regardless of the initial or subsequent readability of the actual stamp.

1.11.3.1. Corrections or comments made on submittals during this review do not relieve the contractor from compliance with the requirements of the drawings and specifications. This check is for review of general conformance with the design concept of the project and general compliance with information given in the Contract Documents. The contractor is responsible for confirming and correlating all quantities and dimensions, selection of fabrication processes and techniques of construction, coordinating the work of the trades; and performing the work in a safe and satisfactory manner.

1.11.4. Landscape Architect’s review of submittals shall be completed within ten working days of the date of submission. Any requests by Landscape Architect for additional time shall not be unreasonably withheld.

1.11.5. Landscape Architect's review of submittals has, as a primary objective, to assist in the completion of the project on time and in conformance with the Contract requirements by permitting review of material and fabricated items prior to ordering. Landscape Architect's review of submittals is based only on the data presented and extends only to conformance with general design intent and information contained in the Contract Documents.

1.11.6. Landscape Architect's approval of submittals does not constitute final acceptance or unqualified approval of items or work proposed or put in place, nor does it constitute 429

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acceptance of responsibility for the accuracy, coordination or completeness of submittals. Landscape Architect's approval of submittals does not relieve the Contractor from the responsibility for errors, omissions, or compliance with all the requirements of the Contract Documents.

1.11.7. Reimbursement of the Landscape Architect's costs for review:

1.11.7.1. Landscape Architect will record all time and expenses incurred to review submittals requiring more than two reviews.

1.11.7.2. Contractor shall reimburse the City through deduction from amounts due the Contractor upon receipt of the Landscape Architect's billing and that of the Landscape Architect's consultants at standard billing rates for all time and expenses incurred in unanticipated reviews.

1.11.8. Landscape Architect's review of submittals does not change the Contract in any manner.

1.12. RESUBMITTAL

1.12.1. Make all corrections or revisions required by reviewer's comments at Contractor’s expense and resubmit as initially specified above. No additional costs will be authorized for corrections or revisions.

1.12.2. Product data and shop drawings:

1.12.2.1. Revise initial drawings or data and resubmit as initially specified.

1.12.2.2. Indicate changes which have been made other than those requested by reviewer.

1.12.3. Submit new samples as initially specified.

1.13. DISTRIBUTION

1.13.1. Distribute only submittals with Landscape Architect/Engineer stamps of review.

Contractor is responsible for coordination of submittals and comments following review. Contractor to provide all additional reproduction costs for copies required by the Contractor at its expense. No additional costs will be authorized for Contractor costs pertaining to submittals.

1.14. DEFERRED PERMIT APPROVAL REQUIREMENTS

1.14.1. Installation of deferred permit approval items shall not be started until detailed plans, specifications, and engineering calculations have been accepted and signed by the Landscape Architect or Engineer in general responsible charge of design and signed by a California registered Landscape Architect or professional engineer who has been delegated responsibility covering the work shown on a particular plan or specification and approved by the agency having authority (e.g., State Fire Marshall, local jurisdiction having authority, gas company, electrical utility company, water City, etc.).

Deferred permit approval items for this Project are as indicated in the Summary of Work, the Plans, and/or the Specifications.
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1.14.2. Unless otherwise indicated in the Contract Documents or if City provides written approval of a longer time period, Contractor shall submit all deferred permit approval items for approval within thirty (30) days of the notice to proceed with the Construction Phase.

1.14.3. Deferred permit approval drawings and specifications become part of the approved documents for the Project when they are submitted to and approved by the City.

1.14.4. Contractor is responsible for coordinating the review and approval of all deferred permit approval items.

1.14.5. Submit documents to Landscape Architect for review.

1.14.6. Documents shall bear the stamp and signature of the design architect and/or engineer licensed in the State of California who is responsible for the work shown on the documents.

1.14.7. Landscape Architect and its subconsultants will review the documents only for conformance with design concept shown on the documents. The contractor will then forward the Submittal to agency having authority for approval.

1.14.8. Contractor shall respond to review comments made by the agency having authority for approval and revise and resubmit submittal to the Landscape Architect for resubmittal to the agency having authority for approval.

1.14.9. Contractor is notified that significant lead time is required for deferred approval review by the agency having authority for approval and shall schedule work accordingly. No extension of Contract Time will be allowed for delays incurred by deferred approval review. The Landscape Architect is not responsible for delays by the agency having authority for approval in deferred approval review.

END OF SECTION
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QUALITY REQUIREMENTS 01 40 00 - 1
SECTION 01 40 00

QUALITY REQUIREMENTS

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any);

1.1.3. Drawings;

1.1.4. Construction Schedule – Network Analysis; and

1.1.5. General Definitions and References.

1.2. SUMMARY

1.2.1. This Document includes administrative and procedural requirements for quality assurance and quality control.

1.2.2. Testing and inspecting services by the City are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Documents’ requirements.

1.2.2.1. Specific quality-assurance and -control requirements for individual construction activities are specified in the Specifications for those activities. Requirements in those Specifications may also cover production of standard products.

1.2.2.2. Specified tests, inspections, and related actions do not limit Contractor's other quality-assurance and -control procedures that facilitate compliance with the Contract Documents’ requirements.

1.2.2.3. Requirements for Contractor to provide quality-assurance and -control services required by City, City’s consultants, or authorities having jurisdiction are not limited by provisions of this Document.

1.3. DEFINITIONS

1.3.1. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements.

1.3.2. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by City or its consultants. 432

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1.3.3. Mock-ups: Full-size, physical assemblies that are constructed on-site. Mock-ups are used to verify selections made under sample submittals, to demonstrate aesthetic effects and, where indicated, qualities of materials and execution, and to review construction, coordination, testing, or operation; they are not Samples. Approved mock-ups establish the standard by which the Work will be judged.

1.3.4. Laboratory Mock-ups: Full-size, physical assemblies that are constructed at testing facility to verify performance characteristics.

1.3.5. Preconstruction Testing: Tests and inspections that are performed specifically for the Project before products and materials are incorporated into the Work to verify performance or compliance with specified criteria.

1.3.6. Product Testing: Tests and inspections that are performed by an NRTL (National Recognized Testing Laboratory), an NVLAP (National Voluntary Laboratory Accreditation Program), or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with industry standards.

1.3.7. Source Quality-Control Testing: Tests and inspections that are performed at the source, i.e., plant, mill, factory, or shop.

1.3.8. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work.

1.4. CONFLICTING REQUIREMENTS

1.4.1. General: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer uncertainties and requirements that are different but apparently equal, to City for a decision before proceeding.

1.4.2. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to City for a decision before proceeding.

1.5. SUBMITTALS

1.5.1. Qualification Data: For testing agencies specified in "Quality Assurance" below to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority.

1.5.2. Schedule of Tests and Inspections

1.5.3. Reports: Prepare and submit certified written reports

1.5.3.1. Descriptions of deficiencies noted, and corrective action undertaken to resolve such deficiencies.
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1.5.3.1.1. Deficiencies observed shall immediately be brought to the attention of the Contractor’s field superintendent, and trade foreman. In the event deficiencies are not corrected, or if an interpretation of the Contract Documents is required, the Testing Agency shall immediately notify the City and
applicable consultant, Landscape Architect, or Engineer.

1.5.3.1.2. The Testing Agency shall maintain a deficiency list of all items not corrected and shall reinspect the area after the deficiency has been corrected. The list shall include a description of the deficiency, the date and time the deficiency was observed, who was notified, the date of reinspection and description of any corrective action taken. Distribute the deficiency list at least once per month.

1.5.3.1.3. At the end of the Project, the Testing Agency shall submit a final signed report stating whether the work tested and inspected conforms to the Contract Documents’
requirements.

1.5.4. Permits, Licenses, and Certificates: For City's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents established for compliance with standards and regulations bearing on performance of the Work.

1.6. QUALITY ASSURANCE

1.6.1. General: Qualifications paragraphs in this Article establish the minimum qualification levels required; individual Specifications specify additional requirements.

1.6.2. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. Where required by the individual Specifications, Installer employing workers trained and approved by manufacturer, Installer being acceptable to manufacturer, and/or Installer being an authorized representative of manufacturer for both installation and maintenance.

1.6.3. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.

1.6.4. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.

1.6.5. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in the State of California, and who is experienced in providing engineering services of the kind indicated.

1.6.6. Engineering services are defined as those performed for installations of the system, assembly, or products that are similar to those indicated for this Project in material, design, and extent.
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1.6.7. Specialists: Certain Specifications may require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated.

1.6.7.1. Requirement for specialists shall not supersede building codes or regulations governing the Work.

1.6.8. Testing Agency Qualifications: An NRTL, an NVLAP, Division of the State of Landscape Architect’s Accepted Laboratory, or an independent agency with the experience and capability to conduct testing and inspecting indicated; and with additional qualifications stated in individual Specifications; and where required by and acceptable to authorities having jurisdiction.

1.6.8.1. NRTL: A Nationally Recognized Testing Laboratory according to 29 CFR 1910.7.

1.6.8.2. NVLAP: A testing agency accredited according to NIST's (National Institute of Standards and Technology) National Voluntary Laboratory Accreditation Program.

1.6.8.3. Tests shall be made by an accredited testing agency with a minimum of 5 years of experience in the specific type of testing to be performed. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the applicable standards and methods of the California Building Standards code.

1.6.8.4. For each type of inspection and testing service to be performed, the Testing Agency shall submit certification, signed and sealed by the Agency's professional engineer, of compliance with all applicable requirements of the following:

1.6.8.4.1. ASTM E329, "Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction."

1.6.8.4.2. "Recommended Requirements for Independent Laboratory Qualifications" published by the American Council of
Independent Laboratories.

1.6.8.5. Furnish written certification to the City that all equipment to be used has been calibrated in accordance with applicable ASTM standards within the last year and is in proper working order.

1.6.8.6. Testing Agency Personnel Qualifications: Testing and inspection services shall be performed only by trained and experienced technicians currently qualified for the work they are to perform. Documentation of such training and experience shall be submitted to the City and/or its consultants upon request.

1.6.8.7. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the state where the Project is located.

1.6.8.8. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer 435

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to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.

1.6.9. Preconstruction Testing: Where a testing agency is indicated to perform preconstruction testing for compliance with specified requirements for performance and test methods, comply with the following:

1.6.9.1. Contractor responsibilities include the following:

1.6.9.1.1. Verify by its Quality Assurance/Quality Control procedures that an element is ready for testing prior to requesting a test.

1.6.9.1.2. Provide test specimens representative of proposed products and construction.

1.6.9.1.3. Submit specimens in a timely manner with sufficient time for testing and analyzing results to prevent delaying the Work.

1.6.9.1.4. Provide sizes and configurations of test assemblies, mockups, and laboratory mock-ups to adequately demonstrate capability of products to comply with performance
requirements.

1.6.9.1.5. Build site-assembled test assemblies and mock-ups using installers who will perform same tasks for Project.

1.6.9.1.6. Build laboratory mock-ups at testing facility using personnel, products, and methods of construction indicated for the completed Work.

1.6.9.1.7. When testing is complete, remove test specimens, assemblies, mock-ups, and laboratory mock-ups; do not reuse products on Project.

1.6.9.2. Testing Agency Responsibilities: Submit a certified written report of each test, inspection, and similar quality-assurance service to City with copy to Contractor. Interpret tests and inspections and state in each report whether tested and inspected Work complies with or deviates from the Contract Documents’ requirements.

1.6.10. Mock-ups: Before installing portions of the Work requiring mock-ups, build mock-ups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work:

1.6.10.1.Build mock-ups in location and of size indicated or, if not indicated, as directed by City or its consultant.

1.6.10.2.Notify City and its consultants seven (7) days in advance of dates and times when mock-ups will be constructed.

1.6.10.3.Demonstrate the proposed range of aesthetic effects and workmanship.

1.6.10.4.Obtain City and its consultant's approval of mock-ups before starting work, fabrication, or construction.
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1.6.10.4.1. Allow seven (7) days for initial review and each re-review of each mock-up.

1.6.10.5.Incorporate seismic design of nonstructural components as listed in Division 01 Document “Seismic Design Requirements for Non-Structural Components” into mock-ups.

1.6.10.6.Maintain mock-ups during construction in an undisturbed condition as a standard for judging the completed Work.

1.6.10.7.Demolish and remove mock-ups when directed, unless otherwise indicated.

1.6.11. Laboratory Mock-Ups: Comply with requirements of preconstruction testing and those specified in individual Specifications in Divisions 02 through 49.

1.7. QUALITY CONTROL

1.7.1. City Responsibilities: Where quality-control services are indicated as City's responsibility, City will engage a qualified testing agency to perform these services.

1.7.1.1. City will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting the testing agencies are engaged to perform.

1.7.1.2. Costs for retesting and reinspecting construction that replaces or is necessitated by Work that failed to comply with the Contract Documents will be charged to Contractor, and the Guaranteed Maximum Price will be adjusted by Change Order per the Contract Documents.

1.7.2. Tests and inspections not explicitly assigned to City are Contractor’s responsibility.

Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not.

1.7.2.1. Where services are indicated as Contractor’s responsibility, engage a qualified testing agency to perform the quality-control services.

1.7.2.1.1. Contractor shall not employ same entity engaged by City, unless agreed to in writing by City.

1.7.2.2. Notify testing agencies at least 72 hours in advance of time when Work that requires testing or inspecting will be performed.

1.7.2.3. Where quality-control services are indicated as Contractor’s responsibility, submit a certified written report, in duplicate, of each quality-control service.

1.7.2.4. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor’s responsibility.

1.7.2.5. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct.
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1.7.3. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Document “Submittal Procedures.”

1.7.4. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents’ requirements.

1.7.5. Testing Agency Responsibilities: Cooperate with City, City’s consultants, and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections.

1.7.5.1. Notify City, City’s consultants, and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services.

1.7.5.2. Determine the location from which test samples will be taken and in which insitu tests are conducted.

1.7.5.3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements.

1.7.5.4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor.

1.7.5.5. Do not release, revoke, alter, or increase the Contract Documents’ requirements or approve or accept any portion of the Work.

1.7.5.6. Do not perform any duties of Contractor.

1.7.6. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify testing agency sufficiently in advance of operations to permit assignment of personnel. Provide the following:

1.7.6.1. Access to the Work.

1.7.6.2. Incidental labor and facilities necessary to facilitate tests and inspections.

1.7.6.3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples.

1.7.6.4. Facilities for storage and field curing of test samples.

1.7.6.5. Delivery of samples to testing agencies.

1.7.6.6. Preliminary design mix proposed for use for material mixes that require control by testing agency.

1.7.6.7. Security and protection for samples and for testing and inspecting equipment at Project Site.
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1.7.6.8. Furnish tools, samples of materials, design mixes, equipment and assistance as requested.

1.7.6.9. Provide and maintain, for the sole use of the Testing Agency, adequate facilities for the safe storage and proper curing of concrete test cylinders on the project site for the first 24 hours after casting as required by ASTM C31, Method of Making and Curing Concrete Test Specimens in the Field.

1.7.6.10.Build and store masonry test prisms in a manner acceptable to the Testing Agency. Prisms to be tested shall remain at the job site until moved by Testing Agency personnel.

1.7.6.11.Notify Testing Agency at least 10 working days in advance of any qualification testing for welding required herein.

1.7.6.12.Notify Testing Agency at least 24 hours prior to expected time for operations requiring testing or inspection services.

1.7.6.13.Make arrangements with the Testing Agency and pay for additional samples and tests made for the Contractor’s convenience or for retesting of failed samples.

1.7.6.14.For deficiencies requiring corrective action, submit in writing a description of the deficiency and a proposed correction to the City. After review and approval, the proposed corrective action shall be implemented and inspected by the Testing Agency. It is Contractor’s responsibility to ascertain that the deficiency is corrected and inspected prior to the work being covered.

1.7.6.15.Retention of an independent Testing Agency by the City shall in no way relieve Contractor of responsibility for performing all work in accordance with the Contract Documents’ requirements.

1.7.7. Coordination: Coordinate sequence of activities to accommodate required qualityassurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting.

1.7.7.1. Schedule times for tests, inspections, obtaining samples, and similar activities.

1.8. TESTS AND SPECIAL INSPECTIONS

1.8.1. Special Tests and Inspections: Conducted by a qualified testing agency as required by authorities having jurisdiction, as indicated in individual Specifications, and as follows:

1.8.1.1. Verifying that manufacturer maintains detailed fabrication and quality-control procedures and reviewing the completeness and adequacy of those procedures to perform the Work.

1.8.1.2. Notifying City, City’s consultants, and Contractor promptly of irregularities and deficiencies observed in the Work during performance of its services.

1.8.1.3. Submitting a certified written report of each test, inspection, and similar quality-control service to City, with copy to Contractor and to authorities having jurisdiction.
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1.8.1.4. Submitting a final report of special tests and inspections at Project Completion, which includes a list of unresolved deficiencies.

1.8.1.5. Interpreting tests and inspections and stating in each report whether tested and inspected Work complies with or deviates from the Contract Documents.

1.8.1.6. Retesting and reinspecting corrected work.

2. PRODUCTS

2.1. GENERAL

2.1.1. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment found to be acceptable. Any product which becomes unfit for use after acceptance shall not be incorporated into the Work.

3. EXECUTION

3.1. TEST AND INSPECTION LOG

3.1.1. Prepare a record of tests and inspections.

3.1.2. Maintain log at Project Site. Post changes and modifications as they occur. Provide access to test and inspection log for City’s reference during normal working hours.

3.2. REPAIR AND PROTECTION

3.2.1. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes.

3.2.1.1. Provide materials and comply with installation requirements specified in other Specifications. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible.

3.2.1.2. Comply with Document "Cutting and Patching" and all related Contract Documents’ requirements.

3.2.2. Protect construction exposed by or for quality-control service activities.

3.2.3. Repair and protection are Contractor’s responsibility, regardless of the assignment of responsibility for quality-control services.

END OF SECTION
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ABBREVIATIONS AND ACRONYMS 01 42 13 - 1
SECTION 01 42 13

ABBREVIATIONS AND ACRONYMS

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions including without limitation, Contract Terms and Definitions; and

1.1.2. Supplementary Conditions (if any).

1.2. ABBREVIATIONS AND ACRONYMS FOR STANDARDS AND REGULATIONS

1.2.1. Abbreviations and Acronyms for Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations as indicated in Thomson Gale™ (www.gale.com), Gale Research's “Encyclopedia of Associations” or “Encyclopedia of Associations: National Organizations of the U.S,” or in Columbia Books' “National Trade & Professional Associations of the U.S.”

1.2.2. Some of the applicable abbreviations and acronyms referenced in the Specifications or other Contract Documents have the following meanings, subject to updates or revisions based on the above-referenced publications:
• AA: Aluminum Association
• AAMA: Landscape Architectural Aluminum Manufacturers Association • AASHTO: American Association of State Highway and Transportation Officials
• ABPA: Acoustical and Board Products Association
• ACI: American Concrete Institute
• AGA: American Gas Association
• AGC: Associated General Contractors
• AHC: Landscape Architectural Hardware Consultant
• AI: Asphalt Institute
• AIA: American Institute of Landscape Architects
• AIEE: American Institute of Electrical Engineers
• AISC: American Institute of Steel Construction
• AISI: American Iron and Steel Institute
• AMCA: Air Moving and Conditioning Association
• ANSI: American National Standards Institute
• APA: American Plywood Association
• ARI: Air Conditioning and Refrigeration Institute
• ASHRAE: American Society of Heating, Refrigeration and Air Conditioning Engineers
• ASME: American Society of Mechanical Engineers
• ASSE: American Society of Structural Engineers
• ASTM: American Society of Testing and Materials
• AWPB: American Wood Preservers Bureau
• AWPI: American Wood preservers Institute
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• AWS: American Welding Society
• AWSC: American Welding Society Code
• AWI: Landscape Architectural Woodwork Institute
• AWWA: American Water Works Association
• BIA: Brick Institute of America
• CCR: California Code of Regulations
• CLFMI: Chain Link Fence Manufacturers Institute
• CMG: California Masonry Guild
• CRA: California Redwood Association
• CRSI: Concrete Reinforcing Steel Institute
• CS: Commercial Standards
• CSI: Construction Specifications Institute
• CTI: Cooling Tower Institute
• FGMA: Flat Glass Manufacturer’s Association
• FIA: Factory Insurance Association
• FM: Factory Mutual
• FS: Federal Specification
• FTI: Facing Title Institute
• GA: Gypsum Association
• ICC: International Code Council
• IEEE: Institute of Electrical and Electronic Engineers • IES: Illumination Engineering Society
• LIA: Lead Industries Association
• MIA: Marble Institute of America
• MLMA: Metal Lath Manufacturers Association
• MS: Military Specifications
• NAAMM: National Association of Landscape Architectural Metal Manufacturers
• NBHA: National Builders Hardware Association
• NBFU: National Board of Fire Underwriters
• NBS: National Bureau of Standards
• NCMA: National Concrete Masonry Association
• NEC: National Electrical Code
• NEMA: National Electrical Manufacturers Association
• NFPA: National Fire Protection Association/National Forest Products Association
• NMWIA: National Mineral Wool Insulation Association
• NTMA: National Terrazzo and Mosaic Association
• NWMA: National Woodwork Manufacturer’s Association
• ORS: Office of Regulatory Services (California)
• OSHA: Occupational Safety and Health Act
• PCI: Precast Concrete Institute
• PCA: Portland Cement Association
• PDCA: Painting and Decorating Contractors of America
• PDI: Plumbing Drainage Institute
• PEI: Porcelain Enamel Institute
• PG&E: Pacific Gas & Electric Company
• PS: Product Standards
• SDI: Steel Door Institute; Steel Deck Institute
• SJI: Steel Joist Institute
• SSPC: Steel Structures Painting Council
• TCA: Tile Council of America
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• TPI: Truss Plate Institute
• UBC: Uniform Building Code
• UL: Underwriters Laboratories Code
• UMC: Uniform Mechanical Code
• USDA: United States Department of Agriculture
• VI: Vermiculite Institute
• WCLA: West Coast Lumberman’s Association
• WCLB: West Coast Lumber Bureau
• WEUSER: Western Electric Utilities Service Engineering Requirements • WIC: Woodwork Institute of California
• WPOA: Western Plumbing Officials Association

1.2.3. Additional Abbreviations and Symbols: Refer to the above-referenced publications or to Drawings for additional abbreviations and for symbols.

END OF SECTION
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SECTION 01 42 16

GENERAL DEFINITIONS AND REFERENCES

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISION
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions including without limitation, Contract Terms and Definitions; and

1.1.2. Supplementary Conditions (if any).

1.2. DEFINITIONS
General: Basic Contract definitions are included in the General Conditions of the Contract for Construction. The following are in addition to those definitions.

1.2.1. “Alternate”: A cost or credit for certain Work that may be added to or deducted from the Project.

1.2.2. “Indicated”: Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including “shown,” “noted,” “scheduled,” and “specified” have the same meaning as “indicated.”

1.2.3. “Regulations”: Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work.

1.2.4. “Furnish”: Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations.

1.2.5. “Install”: Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations.

1.2.6. “Provide”: Furnish and install, complete and ready for the intended use.

1.3. QUALITY ASSURANCE

1.3.1. For products or workmanship specified by association, trade, or Federal Standards, Contractor shall comply with requirements of the standard, except when more stringent requirements are specified in the Contract Documents, or are required by applicable codes.

1.3.2. Contractor shall conform to current reference standard publication in effect on the date of bid opening.

1.3.3. Unless directed otherwise by the Contract Documents, Contractor shall obtain copies of referenced standards.
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1.3.4. Unless directed otherwise by the Contract Documents, Contractor shall maintain a copy of referenced standards at jobsite until Completion.

1.3.5. If specified standards conflict with Contract Documents, Contractor shall request clarification from the City or the Landscape Architect before proceeding.

1.3.6. Governing Codes shall be as shown in the Contract Documents including, without limitation, the Specifications.

1.4. STANDARDS

1.4.1. Standard Specifications: References to codes, specifications and standards referred to in the Contract Documents shall mean, and are intended to be, the latest edition, amendment or revision of such reference standard in effect as of the date of these Contract Documents. If those standard specifications are revised prior to Completion of any part of the Work to which such revision would pertain, Contractor may, if acceptable to and approved by the City, perform such Work in accordance with the revised standard specifications.

1.4.2. Conflicting Requirements: Where compliance with two or more standards is specified, and the standards may establish different or conflicting requirements for minimum quantities or quality levels, refer requirements that are different, but apparently equal, and uncertainties to the City for a decision before proceeding.

1.4.3. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of the requirements. Refer uncertainties to City for a decision before proceeding.

1.4.4. Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to that entity's construction activity. Copies of applicable standards are not bound with the Contract Documents.

1.4.5. Copies from the Publication Source: Where copies of standards are needed for performance of a required construction activity, Contractor shall obtain copies directly from the publication source.

1.5. SCHEDULE OF REFERENCES
The following information is intended only for the general assistance of Contractor. City does not represent the accuracy of the information. Contractor shall independently verify the information for all entities listed below:

AA Aluminum Association 202/862-5100
900 19th Street NW, Suite 300
Washington, DC 20006
www.aluminum.org
AAMA American Landscape Architectural Manufacturers Association 847/303-5664 1827 Walden Office Sq., Suite 104
Schaumburg, IL 60173-4268
www.aamanet.org
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AASHTO American Association of State Highway and 202/624-5800 Transportation Officials
444 North Capitol Street, Suite 249
Washington, DC 20001
www.aashto.org
ACI American Concrete Institute 248/848-3700
P.O. Box 9094
Farmington Hills, MI 48333-9094
www.aci-int.org
ACPA American Concrete Pipe Association 972/506-7216
222 West Las Colinas Blvd., Suite 641
Irving, TX 75039-5423
www.concrete-pipe.org
AFPA American Forest and Paper Association 202/463-2700 1111 19th St., NW, Suite 800
Washington, DC 20036
http://www.afandpa.org/
AGA American Gas Association 703/841-8400
1515 Wilson Blvd.

Arlington VA 22209
www.aga.com
AI Asphalt Institute 606/288-4960
Research Park Drive
P.O. Box 14052
Lexington, KY 40512-4052
www.asphaltinstitute.org
AIA The American Institute of Landscape Architects 202/626-7300 1735 New York Avenue, NW
Washington, DC 20006-5292
www.aia.org
AISC American Institute of Steel Construction 800/644-2400 One East Wacker Drive, Suite 3100
Chicago, IL 60601-2001
http://www.aisc.org/
AITC American Institute of Timber Construction 303/792-9559 7012 S. Revere Pkwy., Suite 140
Englewood, CO 80112
www.aitc-glulam.org
ALCA Associated Landscape Contractors of America 703/620-6363 12200 Sunrise Valley Drive, Suite 150
Reston, VA 20191
www.alca.org
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ALSC American Lumber Standards Committee 301/972-1700
P.O. Box 210
Germantown, MD 20875
ANLA American Nursery and Landscape Association 202/789-2900 1250 Eye Street, NW, Suite 500
Washington, DC 20005
ANSI American National Standards Institute 212/642-4900 11 West 42nd Street, 13th Floor
New York, NY 10036-8002
www.ansi.org
APA APA-The Engineered Wood Association 206/565-6600
P.O. Box 11700
Tacoma, WA 98411-0700
www.apawood.org
APA Landscape Architectural Precast Association 941/454-6989 P.O. Box 08669
Fort Myers, FL 33908-0669
ARMA Asphalt Roofing Manufacturers Association 301/231-9050 Center Park
4041 Powder Mill Road, Suite 404
Calverton, MD 20705
ASA Acoustical Society of America 516/576-2360
500 Sunnyside Blvd.

Woodbury, NY 11797
ASCE American Society of Civil Engineers- 800/548-2723
World Headquarters 703/295-6000
1801 Alexander Bell Drive
Reston, VA 20190-4400
www.asce.org
ASHRAE American Society of Heating, Refrigerating and 800/527-4723 Air Conditioning Engineers 404/636-8400
1791 Tullie Circle, NE
Atlanta, GA 30329-2305
www.ashrae.org
ASLA American Society of Landscape Architects 202/686-2752 4401 Connecticut Ave., NW, 5th Floor
Washington, DC 20008-2369
www.asla.org
ASME American Society of Mechanical Engineers 800/434-2763 345 East 47th Street
New York, NY 10017-2392
www.asme.org
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ASPE American Society of Plumbing Engineers 805/495-7120 3617 Thousand Oaks Blvd., Suite 210
Westlake, CA 91362-3649
ASQC American Society for Quality Control 800/248-1946
611 E. Wisconsin Avenue 414/272-8575
Milwaukee, WI 53201-3005
www.asqc.org
ASSE American Society of Sanitary Engineering 216/835-3040 28901 Clemens Road
Westlake, OH 44145
www.asse-plumbing.org
ASTM American Society for Testing and Materials 610/832-9500 100 Barr Harbor Drive
West Conshohocken, PA 19428-2959
www.astm.org
AWPA American Wood-Preservers' Association 817/326-6300 3246 Fall Creek Highway, Suite 1900
Granbury, TX 76049-7979
AWS American Welding Society 800/443-9373
550 NW LeJeune Road 305/443-9353
Miami, FL 33126
www.amweld.org
BHMA Builders' Hardware Manufacturers Association 212/661-4261 355 Lexington Avenue, 17th Floor
New York, NY 10017-6603
CISPI Cast Iron Soil Pipe Institute 423/892-0137
5959 Shallowford Road, Suite 419
Chattanooga, TN 37421
CPSC Consumer Product Safety Commission 800/638-2772
East West Towers
4330 East-West Hwy.

Bethesda, MD 20814
CPPA Corrugated Polyethylene Pipe Association 800/510-2772 432 N. Superior Street 419/241-2221
Toledo, OH 43604
CRA California Redwood Association 415/382-0662
405 Enfrente Drive, Suite 200
Novato, CA 94949
CRSI Concrete Reinforcing Steel Institute 847/517-1200
933 N. Plum Grove Road
Schaumburg, IL 60173-4758
www.crsi.org
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CTI Ceramic Tile Institute of America 310/574-7800
12061 W. Jefferson Blvd.

Culver City, CA 90230-6219
DHI Door and Hardware Institute 703/222-2010
14170 Newbrook Drive
Chantilly, VA 20151-2223
www.dhi.org
DIPRA Ductile Iron Pipe Research Association 205/988-9870 245 Riverchase Pkwy East, Suite O
Birmingham, AL 35244
DOC Department of Commerce 202/482-2000
14th Street and Constitution Avenue, NW
Washington, DC 20230
DOT Department of Transportation 202/366-4000
400 Seventh Street, SW
Washington, DC 20590
EPA Environmental Protection Agency 202/260-2090
401 M Street, SW
Washington, DC 20460
GA Gypsum Association 202/289-5440
810 First Street NE, Suite 510
Washington, DC 20002
www.usg.com
GANA Glass Association of North America 913/266-7013
3310 SW Harrison Street
Topeka, KS 66611-2279
www.glasswebsite.com/gana
HMA Hardwood Manufacturers Association 412/828-0770
400 Penn Center Blvd., Suite 530
Pittsburgh, PA 15235-5605
www.hardwood.org
HPVA Hardwood Plywood and Veneer Association 703/435-2900 1825 Michael Farraday Drive
P.O. Box 2789
Reston, VA 22195-0789
www.hpva.org
IEEE Institute of Electrical and Electronic Engineers 800/678-4333 345 E. 47th Street 212/705-7900
New York, NY 10017-2394
www.ieee.org
MCAA Mechanical Contractors Association of America 301/869-5800 1385 Piccard Drive
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GENERAL DEFINITIONS AND REFERENCES 01 42 16 - 7
Rockville, MD 20850-4329
ML/SFA Metal Lath/Steel Framing Association 312/456-5590 (A Division of the NAAMM)
8 South Michigan Avenue, Suite 1000
Chicago, IL 60603
NAA National Arborist Association 800/733-2622
P.O. Box 1094 603/673-3311
Amherst, NH 03031-1094
www.natlarb.com
NAAMM National Association of Landscape Architectural 312/782-5590 Metal Manufacturers
8 South Michigan Avenue, Suite 1000
Chicago, IL 60603
www.gss.net/naamm
NAPA National Asphalt Pavement Association 301/731-4748 NAPA Building
5100 Forbes Blvd.

Lanham, MD 20706-4413
NCSPA National Corrugated Steel Pipe Association 202/452-1700 1255 23rd Street, NW, Suite 850
Washington, DC 20037
www.ncspa.org
NECA National Electrical Contractors Association 301/657-3110 3 Bethesda Metro Center, Suite 1100
Bethesda, MD 20814-5372
NEI National Elevator Industry 201/944-3211
185 Bridge Plaza North, Suite 310
Fort Lee, NJ 07024
NEMA National Electrical Manufacturers' Association 703/841-3200 1300 N. 17th Street, Suite 1847
Rosslyn, VA 22209
www.nema.org
NFPA National Fire Protection Association 800/344-3555
One Batterymarch Park 617/770-3000
P.O. Box 9101
Quincy, MA 02269-9101
www.nfpa.org
NHLA National Hardwood Lumber Association 901/377-1818
P.O. Box 34518
Memphis, TN 38184-0518
www.natlhardwood.org
NPA National Particleboard Association 301/670-0604
18928 Premiere Court
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GENERAL DEFINITIONS AND REFERENCES 01 42 16 - 8
Gaithersburg, MD 20879-1569
www.pbmdf.com
NPCA National Paint and Coatings Association 202/462-6272 1500 Rhode Island Avenue, NW
Washington, DC 20005-5597
www.paint.org
NRCA National Roofing Contractors Association 800/323-9545 O'Hare International Center
10255 W. Higgins Road, Suite 600
Rosemont, IL 60018-5607
www.roofonline.org
NRMCA National Ready Mixed Concrete Association 301/587-1400 900 Spring Street
Silver Spring, MD 20910
www.nrmca.org
NWWDA National Wood Window and Door Association 800/223-2301 1400 E. Touhy Avenue, G-54 847/299-5200
Des Plaines, IL 60018
www.nwwda.org
SHA Occupational Safety and Health Administration 202/219-8148 (U.S. Department of Labor)
200 Constitution Ave., NW
Washington, DC 20210
PCA Portland Cement Association 847/966-6200
5420 Old Orchard Road
Skokie, IL 60077-1083
www.portcement.org
PDCA Painting and Decorating Contractors of 800/332-7322 America 703/359-0826
3913 Old Lee Hwy, Suite 33-B
Fairfax, VA 22030
www.pdca.com
PDI Plumbing and Drainage Institute 800/589-8956
45 Bristol Drive, Suite 101 508/230-3516
South Easton, MA 02375
RFCI Resilient Floor Covering Institute 301/340-8580
966 Hungerford Drive, Suite 12-B
Rockville, MD 20805-1714
SDI Steel Deck Institute 847/462-1930
P.O. Box 25
Fox River Grove, IL 60012
www.sdi.org
SDI Steel Door Institute 216/889-0010
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GENERAL DEFINITIONS AND REFERENCES 01 42 16 - 9
30200 Detroit Road
Cleveland, OH 44145-1967

SMA Stucco Manufacturers Association 213/789-8733
14006 Ventura Blvd.

Sherman Oaks, CA 91403
SMACNA Sheet Metal and Airconditioning Contractors 703/803-2980 National Association, Inc.

P.O. Box 221230
Chantilly, VA 20151-1209

TPI Turfgrass Producers International 800/405-8873
1855-A Hicks Road 847/705-9898
Rolling Meadows, IL 60008
UL Underwriters Laboratories, Inc. 800/704-4050
333 Pfingston Road 847/272-8800
Northbrook, IL 60062
www.ul.com
UNI Uni-Bell PVC Pipe Association 972/243-3902
2655 Villa Creek Drive, Suite 155
Dallas, TX 75234
www.members.aol.com/unibell1
USDA U.S. Department of Agriculture 202/720-8732
14th St. and Independence Ave., SW
Washington, DC 20250

WIC Woodwork Institute of California 916/372-9943
P.O. Box 980247
West Sacramento, CA 95798-0247
WMMPA Wood Moulding & Millwork Producers 800/550-7889
Association 916/661-9591
507 First Street
Woodland, CA 95695
www.wmmpa.com
WRI Wire Reinforcement Institute 703/779-2339
203 Loudoun Street, SW
Leesburg, VA 20175-2718

END OF SECTION
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CITY OF RICHMOND
TESTING LABORATORY SERVICES 01 45 29 - 1
SECTION 01 45 29

TESTING LABORATORY SERVICES

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISION
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions, including “Tests and Inspections”; and

1.1.2. Supplementary Conditions (if any).

1.2. DOCUMENT INCLUDES

1.2.1. Observation and Supervision.

1.2.2. Testing Laboratories and Agencies

1.2.3. Tests and Inspections

1.2.4. Selection and Payment

1.2.5. City's Testing Laboratory Responsibilities

1.2.6. Laboratory reports.

1.2.7. Limits on testing laboratory authority.

1.2.8. Contractor responsibilities.

1.2.9. Schedule of inspections and tests.

1.2.10. Project Inspector, Local Authority Having Jurisdiction, Access to Site

1.3. REFERENCES

1.3.1. ASTM D3740 - Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction.

1.3.2. ASTM E329 - Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction.

1.3.3. CBC - California Building Code.

1.3.4. UBC - Uniform Building Code.

1.4. OBSERVATION AND SUPERVISION

1.4.1. The City, and/or Construction Manager and Landscape Architect or their appointed representatives will review the Work and the Contractor shall provide facilities and access to the Work at all times as required to facilitate this review. Administration by 453

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the Landscape Architect and any consulting Structural Engineer will be in accordance with applicable regulations.

1.4.2. One or more Project Inspector(s) will observe the Work.

1.4.3. Project Inspector shall have access to the Work wherever it is in preparation or progress for ascertaining that the Work is in accordance with all applicable code sections.

Contractor shall provide facilities and access as required and shall provide assistance for sampling or measuring materials.

1.4.3.1. Project Inspector will notify Construction Manager, City and Landscape Architect and inform Contractor of any observed failure of Work or material to conform to Contract Documents.

1.4.3.2. Project Inspector, if required by the local authority having jurisdiction, shall observe and monitor all testing and inspection activities required.

1.4.4. Contractor shall conform with all applicable laws as indicated in the Contract Documents. Contractor shall supervise and direct the Work and maintain a competent superintendent on the Project who is authorized to act in all matters pertaining to the Work. The Contractor shall inspect all materials, as they arrive, for compliance with the Contract Documents. Contractor shall reject defective Work or materials immediately upon delivery or failure of the Work or material to comply with the Contract Documents. The Contractor shall submit verified reports as indicated in the Contract Documents, including, without limitation, the Specifications.

1.5. TESTING LABORATORIES AND AGENCIES

1.5.1. Testing agencies and tests shall be in conformance with the Contract Documents.

1.5.2. Testing and inspection in connection with earthwork shall be under the direction of the City's consulting soils engineer ("Soils Engineer”).

1.5.3. Testing and inspection of construction materials and workmanship shall be performed by a qualified laboratory ("Testing Laboratory" or “Laboratory”). The Testing Laboratory shall be under direction of an engineer registered in the State of California, shall conform to requirements of ASTM E329, and shall be employed by or in contract with the City.

1.6. TESTS AND INSPECTIONS

1.6.1. Contractor shall be responsible for notifying Construction Manager, City and Project Inspector of all required tests and inspections. Contractor shall notify Construction Manager, City and Project Inspector forty-eight (48) hours in advance of performing any Work requiring testing or inspection.

1.6.2. Contractor shall provide access to Work to be tested and furnish incidental labor, equipment, and facilities to facilitate all inspections and tests.

1.6.3. City will pay for first inspections and tests that City and/or Landscape Architect may direct to have made, including, but not limited to, the following principal items:

1.6.3.1. Tests and observations for earthwork and pavings. 454

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1.6.3.2. Tests for concrete mix designs, including tests of trial batches.

1.6.3.3. Tests and inspections for structural steel work.

1.6.3.4. Field tests for framing lumber moisture content.

1.6.3.5. Additional tests directed by City that establish that materials and installation comply with the Contract Documents.

1.6.3.6. Test and observation of welding and expansion anchors.

1.6.3.7. Factory observation of components and assembly of modular prefabrication structures and buildings.

1.6.4. City may at its discretion, pay and back charge Contractor for:

1.6.4.1. Retests or reinspections, if required, and tests or inspection required due to Contractor error or lack of required identifications of material.

1.6.4.2. Uncovering of work in accordance with Contract Documents.

1.6.4.3. Testing done on weekends, holidays, and overtime will be chargeable to Contractor for the overtime portion.

1.6.4.4. Testing done off site.

1.6.5. Testing and inspection reports and certifications:

1.6.5.1. If initially received by Contractor, Contractor shall provide to each of the following a copy of the agency or laboratory report of each test or inspection or certification: City; Construction Manager, if any; Landscape Architect; Consulting Engineer, if any; Other Engineers on the Project, as appropriate; and; Project Inspector.

1.7. SELECTION AND PAYMENT

1.7.1. City will hire and pay for services of an independent Testing Laboratory to perform specified inspection and testing as specified by City's Testing Laboratory.

1.7.2. City’s hiring of Testing Laboratory shall in no way relieve Contractor of its obligation to perform work in accordance with requirements of Contract Documents.

1.8. CITY'S TESTING LABORATORY RESPONSIBILITIES

1.8.1. Test samples of mixes submitted by Inspector.

1.8.2. Perform specified inspection, sampling, and testing of Products in accordance with specified standards.

1.8.3. Notify Construction Manager, Landscape Architect and Contractor of observed irregularities or non-conformance of Work or Products.

1.8.4. Attend preconstruction conferences and progress meetings when requested by Landscape Architect.
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TESTING LABORATORY SERVICES 01 45 29 - 4

1.9. LABORATORY REPORTS

1.9.1. After each inspection and test, City shall then submit one copy of laboratory report to Contractor. Reports of test results of materials and inspections found not to be in compliance with the requirements of the Contract Documents shall be forwarded immediately.

1.9.2. Each Testing Laboratory shall submit a verified report covering all of the tests which were required to be made by that agency during the progress of the Project. Such report shall be furnished each time that Work is suspended, covering the tests up to that time and at the Completion of the Project, covering all tests.

1.10. LIMITS ON TESTING LABORATORY AUTHORITY

1.10.1. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents.

1.10.2. Laboratory may not approve or accept any portion of the Work.

1.10.3. Laboratory may not assume any duties of Contractor.

1.10.4. Laboratory has no authority to stop the Work.

1.11. CONTRACTOR RESPONSIBILITIES

1.11.1. Submit proposed items for testing as required herein and/or as further required in the Contract Documents to Landscape Architect for review in accordance with applicable specifications.

1.11.2. Cooperate with Laboratory personnel, and provide access to the Work and to manufacturer's facilities.

1.11.3. Notify Landscape Architect, City, and Testing Laboratory 48 hours prior to expected time for operations requiring inspection and testing services.

1.11.4. When tests or inspections cannot be performed after such notice, reimburse City for Laboratory personnel and travel expenses incurred due to the Contractor's negligence.

1.11.5. Contractor shall notify City a sufficient time in advance of the manufacture of material to be supplied by Contractor pursuant to the Contract Documents, which must by terms of the Contract be tested, in order that the City may arrange for the testing of same at the source of supply.

1.11.5.1.Any material shipped by the Contractor from the source of supply prior to having satisfactorily passed such testing and inspection or prior to the receipt of notice that such testing and inspection will not be required shall not be incorporated in the Work.

1.11.6. Contract and pay for services of City's Testing Laboratory to perform additional inspections, sampling and testing required when initial tests indicate Contractor's work and/or materials does not comply with Contract Documents. 456

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1.12. SCHEDULE OF INSPECTIONS AND TESTS
The Testing Laboratory shall perform tests and inspections for the following in conformance with the (CBC) California Building Code (International Building Code with State of California Amendments), California Code of Regulations, Title 24, Part 2:

1.12.1. Plumbing
Testing as specified in Division 15 including, but not limited to: Sterilization, soil waste and vent, water piping, source of water, gas piping, downspouts and storm drains.

1.12.2. Automatic Fire Sprinklers (where applicable)
Testing as specified in Division 15 shall include, but not be limited to: hydrostatic pressure.

1.12.3. Heating, Ventilating and Air Conditioning (where applicable) Testing as specified in Division 15 shall include, but not be limited to: Ductwork tests, cooling tower tests, boiler tests, controls testing, piping tests, water and air systems, and test and balance of heating and air conditioning systems.

1.12.4. Electrical
Testing as specified in Division 16, including, but not limited to: Equipment testing, all electrical system operations, grounding system and checking insulation after cable is pulled.

1.13. PROJECT INSPECTOR, LOCAL JURISDICTION HAVING AUTHORITY, ACCESS TO SITE

1.13.1. A Project Inspector with the local jurisdiction having authority will be authorized to inspect the Work.

1.13.2. City and Construction Manager shall at all times have access for the purpose of inspection to all parts of the Work and to the shops wherein the Work is in preparation, and Contractor shall at all times maintain proper facilities and provide safe access for such inspection.

1.13.3. The Work in all stages of progress shall be subject to the personal continuous observation of the Project Inspector. Project Inspector shall have free access to any or all parts of the Work at any time. Contractor shall furnish the Project Inspector reasonable facilities for obtaining such information as may be necessary to keep Inspector fully informed respecting the progress and manner of the Work and the character of the materials. Inspection of the Work shall not relieve the Contractor from any obligation set forth in the Contract Documents.

1.13.4. The Project Inspector is not authorized to change, revoke, alter, enlarge or decrease in any way any requirement of the Contract Documents, drawings, specifications or subsequent change orders.

END OF SECTION
457

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CITY OF RICHMOND
TEMPORARY FACILITIES AND CONTROLS 01 50 00 - 1
SECTION 01 50 00

TEMPORARY FACILITIES AND CONTROLS

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any);

1.1.3. Site Standards; and

1.1.4. Temporary Tree and Plant Protection.

1.2. TEMPORARY UTILITIES

1.2.1. Electric Power and Lighting:

1.2.1.1. Contractor will furnish and pay for power during the course of the work.

Contractor shall be responsible for providing temporary facilities required on the Site to point of intended use.

1.2.1.2. Contractor shall furnish, wire for, install, and maintain temporary electrical lights wherever it is necessary to provide illumination for the proper performance and/or observation of the Work: a minimum of 20 foot-candles for rough work and 50 foot-candles for finish work.

1.2.1.3. Contractor shall be responsible for maintaining existing lighting levels in the Project vicinity should temporary outages or service interruptions occur.

1.2.2. Heat and Ventilation:

1.2.2.1. Contractor shall provide temporary heat to maintain environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the installation and curing of materials, and to protect materials and finishes from damage due to improper temperature and humidity conditions. Portable heaters shall be standard units complete with controls.

1.2.2.2. Contractor shall provide forced ventilation and dehumidification, as required, of enclosed areas for proper installation and curing of materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors, and gases.

1.2.2.3. Contractor shall pay the costs of installation, maintenance, operation, and removal of temporary heat and ventilation, including costs for fuel consumed, required for the performance of the Work.
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TEMPORARY FACILITIES AND CONTROLS 01 50 00 - 2

1.2.3. Water:

1.2.3.1. Contractor will furnish and pay for water during the course of the work.

Contractor shall be responsible for providing temporary facilities required.

1.2.3.2. Contractor shall make potable water available for human consumption.

1.2.4. Sanitary Facilities:

1.2.4.1. Contractor shall provide sanitary temporary facilities in no fewer numbers than required by law and such additional facilities as may be directed by the Inspector for the use of all workers. The facilities shall be maintained in a sanitary condition at all times and shall be left at the Site until removal is directed by the City or Contractor completes all Work.

1.2.4.2. Use of toilet facilities in the Site shall not be permitted except by consent of the Project Inspector and City.

1.2.5. Telephone Service:

1.2.5.1. Contractor shall arrange with local telephone service company for telephone service for the performance of the Work. Contractor shall, at a minimum, provide in its field office one line for telephone and one line for internet.

Cellular signal is acceptable. Contractor to provide internet wifi signal at project trailer for general use by Project team while on site.

1.2.5.2. Contractor shall pay the costs for telephone and fax lines installation, maintenance, service, and removal; for Construction Site Office, Construction Manager’s Office and Inspector’s Office.

1.2.6. Fire Protection:

1.2.6.1. Contractor shall provide and maintain fire extinguishers and other equipment for fire protection. Such equipment shall be designated for use for fire protection only and shall comply with all requirements of the California Fire, State Fire Marshall and/or its designee.

1.2.6.2. Where on-site welding and burning of steel is unavoidable, Contractor shall provide protection for adjacent surfaces.

1.2.7. Trash Removal:

1.2.7.1. Contractor shall provide trash removal on a timely basis from all Site Offices and throughout the Site.

1.2.8. Temporary Facilities:

1.2.8.1. Contractor shall provide sufficient space and facilities for its own force’s needs.

1.3. CONSTRUCTION AIDS

1.3.1. Plant and Equipment:

1.3.1.1. Contractor shall furnish, operate, and maintain a complete plant for fabricating, 459

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TEMPORARY FACILITIES AND CONTROLS 01 50 00 - 3
handling, conveying, installing, and erecting materials and equipment; and for conveyances for transporting workmen. Include elevators, hoists, debris chutes, and other equipment, tools, and appliances necessary for performance of the Work.

1.3.1.2. Contractor shall maintain plant and equipment in safe and efficient operating condition. Damages due to defective plant and equipment, and uses made thereof, shall be repaired by Contractor at no expense to the City.

1.3.2. No City tools or equipment shall be used by Contractor or its subcontractors for the performance of the Work.

1.4. BARRIERS AND ENCLOSURES

1.4.1. Contractor shall obtain City's written permission for locations and types of temporary barriers and enclosures, including fire-rated materials proposed for use, prior to their installation.

1.4.2. Contractor shall provide a six (6) foot high, chain link perimeter fence with posts driven into the ground and fabric screen as a temporary barrier around construction area.

Contractor shall provide and maintain temporary enclosures to prevent public entry and to protect persons using other buildings and portions of the Site and/or Premises.

Contractor shall remove temporary fence, barriers and enclosure upon Completion of the Work.

1.4.3. Contractor shall provide site access to existing facilities for persons using other buildings and portions of the Site, for the public, and for deliveries and other services and activities.

1.5. SECURITY
Contractor shall secure all construction equipment, machinery and vehicles, park and store only within fenced area, and render inoperable during non-work hours. Contractor is responsible for ensuring that no construction materials, tools, equipment, machinery or vehicles can be used for unauthorized entry or other damage or interference to activities and security of existing facilities adjacent to and in the vicinity of the Project Site.

1.6. TEMPORARY CONTROLS

1.6.1. Noise Control:

1.6.1.1. Contractor acknowledges that the project is in a residential neighborhood next to neighbor houses, and such Contractor shall take all reasonable precautions to minimize noise as required by applicable laws and the Contract Documents.

1.6.1.2. Notice of proposed noisy operations, including without limitation, operation of pneumatic demolition tools, concrete saws, and other equipment, shall be submitted to City a minimum of forty-eight (48) hours in advance of their performance.

1.6.2. Noise and Vibration:

1.6.2.1. Equipment and impact tools shall have intake and exhaust mufflers. 460

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TEMPORARY FACILITIES AND CONTROLS 01 50 00 - 4

1.6.2.2. Contractor shall cooperate with City to minimize and/or cease the use of noisy and vibratory equipment if that equipment becomes objectionable by its longevity.

1.6.3. Dust and Dirt:

1.6.3.1. Contractor shall conduct demolition and construction operations to minimize the generation of dust and dirt, and prevent dust and dirt from interfering with the progress of the Work and from accumulating in the Work and adjacent areas including, without limitation, occupied facilities.

1.6.3.2. Contractor shall periodically water exterior demolition and construction areas to minimize the generation of dust and dirt.

1.6.3.3. Contractor shall ensure that all hauling equipment and trucks carrying loads of soil and debris shall have their loads sprayed with water or covered with tarpaulins, and as otherwise required by local and state ordinance.

1.6.3.4. Contractor shall prevent dust and dirt from accumulating on walks, roadways, parking areas, and planting, and from washing into sewer and storm drain lines.

1.6.4. Surface and Subsurface Water:

Contractor shall not permit surface and subsurface water, and other liquids, to accumulate in or about the vicinity of the Premises. Should accumulation develop, Contractor shall control the water or other liquid, and suitably dispose of it by means of temporary pumps, piping, drainage lines, troughs, ditches, dams, or other methods.

1.6.5. Pollution:

1.6.5.1. No burning of refuse, debris, or other materials shall be permitted on or in the vicinity of the Premises.

1.6.5.2. Contractor shall comply with applicable regulatory requirements and antipollution ordinances during the conduct of the Work including, without limitation, demolition, construction, and disposal operations.

1.6.6. Lighting
If portable lights are used after dark, all light must be located so as not to direct light into neighboring property.

1.7. JOB SIGN(S)

1.7.1. General:

1.7.1.1. Contractor shall provide and maintain and locate 2 Project identification signs with the design, text, and colors designated by City and/or the Landscape Architect.

1.7.1.2. Signs other than the specified Project sign and or signs required by law, for safety, or for egress, shall not be permitted, unless otherwise approved in advance by the City.
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TEMPORARY FACILITIES AND CONTROLS 01 50 00 - 5

1.7.1.3. Contractor shall obtain the City's approval for the digital proof of the project sign within SEVEN (7) days following the date of the Notice to Award.

1.7.1.4. The approved project sign shall be installed on the project site within 48 hours after Notice to Proceed.

1.7.2. Materials:

1.7.2.1. Structure and Framing: Structurally sound, new or used wood or metal; wood shall be nominal 3/4-inch exterior grade plywood.

1.7.2.2. Sign Surface: Minimum 3/4-inch exterior grade plywood.

1.7.2.3. Rough Hardware: Galvanized.

1.7.2.4. Paint: Exterior quality, of type and colors selected by the City and/or the Landscape Architect.

1.7.3. Fabrication:

1.7.3.1. Contractor shall fabricate to provide smooth, even surface for painting.

1.7.3.2. Size: 4'-0" x 8'-0", unless otherwise indicated.

1.7.3.3. Contractor shall paint exposed surfaces of supports, framing, and surface material with exterior grade paint: one coat of primer and one coat of finish paint.

1.7.3.4. Text and Graphics: Layout shall be as shown below and a digital file will be provided by the City. The graphics shall have colors as shown in the digital file.

Contractor shall provide project contact name, phone numbers and email as required.

1.8. PUBLICITY RELEASES
Contractor shall not release any information, story, photograph, plan, or drawing relating to information about the Project to anyone, including press and other public communications medium, including, without limitation, on website(s) without the City’s prior written approval.

END OF SECTION
462

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CITY OF RICHMOND
SITE STANDARDS 01 52 10 - 1
SECTION 01 52 10

SITE STANDARDS

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS:

Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions, including without limitation, Site Access, Conditions, and Regulations;

1.1.2. Supplementary Conditions (if any);

1.1.3. Drug-Free Workplace Certification;

1.1.4. Tobacco-Free Environment Certification;

1.1.5. Criminal Background Investigation/Fingerprinting Certification; and

1.1.6. Temporary Facilities and Controls.

1.2. REQUIREMENTS OF THE CITY

1.2.1. Language: Unacceptable and/or loud language will not be tolerated, "Cat calls" or other derogatory language toward staff or public will not be allowed.

1.2.2. Disturbing the Peace (Noise and Lighting):

1.2.2.1. Contractor shall observe the noise ordinance of the Site at all times including, without limitation, all applicable local, city, and/or state laws, ordinances, and/or regulations regarding noise and allowable noise levels.

1.2.2.2. The use of radios, etc., shall be controlled to keep all sound at a level that cannot be heard beyond the immediate area of use. City reserves the right to prohibit the use of radios at the Site, except for handheld communication radios.

1.2.2.3. If portable lights are used after dark, the lights must be located so as not to direct light into neighboring properties.

1.2.3. Traffic:

1.2.3.1. Driving on the Premises shall be limited to periods when public are not present.

In no case shall driving take place across playgrounds or other pedestrian paths. The speed limit on-the Premises shall be five (5) miles per hour (maximum) or less if conditions require.

1.2.3.2. All paths of travel for deliveries, including without limitation, material, equipment, and supply deliveries, shall be reviewed and approved by City in advance. Any damage will be repaired to the pre-damaged condition by the Contractor.
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SITE STANDARDS 01 52 10 - 2

1.2.3.3. City shall designate a construction entry to the Site. If Contractor requests, City determines it is required, and to the extent possible, City shall designate a staging area so as not to interfere with the normal functioning of the Site.

Location of gates and fencing shall be approved in advance with City and at Contractor's expense.

1.2.3.4. Parking areas shall be reviewed and approved by City in advance. No parking is to occur under the drip line of trees or in areas that could otherwise be damaged.

1.2.3.5. All of the above shall be observed and complied with by the Contractor and all workers on the Site. Failure to follow these directives could result in individual(s) being suspended or removed from the work force at the discretion of the City. The same rules and regulations shall apply equally to delivery personnel, inspectors, consultants, and other visitors to the Site.

END OF SECTION
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CITY OF RICHMOND
TEMPORARY TREE AND PLANT PROTECTION 01 56 39 - 1
SECTION 01 56 39

TEMPORARY TREE AND PLANT PROTECTION

1. GENERAL

1.1. RELATED DOCUMENTS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any); and

1.1.3. Temporary Facilities and Controls.

1.2. SUMMARY
This Document includes the protection and trimming of existing trees that interfere with, or are affected by, execution of the Work, whether temporary or permanent construction.

1.3. DEFINITIONS
Tree Protection Zone: Area surrounding individual trees or groups of trees to remain during construction, and defined by the drip line of individual trees or the perimeter drip line of groups of trees, unless otherwise indicated.

1.4. SUBMITTALS

1.4.1. Product Data: For each type of product indicated.

1.4.2. Tree Pruning Schedule: Written schedule from arborist detailing scope and extent of pruning of trees to remain that interfere with or are affected by construction.

1.4.3. Qualification Data: For tree service firm and arborist.

1.4.4. Certification: From arborist, certifying that trees indicated to remain have been protected during construction according to recognized standards and that trees were promptly and properly treated and repaired when damaged.

1.4.5. Maintenance Recommendations: From arborist, for care and protection of trees affected by construction during and after completing the Work.

1.5. QUALITY ASSURANCE

1.5.1. Tree Service Firm Qualifications: An experienced tree service firm that has successfully completed tree protection and trimming work similar to that required for this Project and that will assign an experienced, qualified arborist to Project site during execution of tree protection and trimming.

1.5.2. Arborist Qualifications: An arborist certified by ISA (International Society of Arboriculture) or licensed in the jurisdiction where Project is located. 465

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1.5.3. Tree Pruning Standard: Comply with ANSI A300 (Part 1), "Tree, Shrub, and Other Woody Plant Maintenance--Standard Practices (Pruning)."

1.5.3.1. Before tree protection and trimming operations begin, meet with City to review tree protection and trimming procedures and responsibilities.

1.5.3.2. Before pruning any roots larger than two inches (2”) in diameter, the Contractor shall consult with an Arborist or Landscape Landscape Architect.

Contractor shall be responsible for hiring the Arborist or Landscape Landscape Architect. The Arborist or Landscape Landscape Architect shall provide a report that includes recommendations to the Contractor who shall supply this report to the Construction Manager, the City and the Landscape Architect.

2. PRODUCTS

2.1. MATERIALS

2.1.1. Unless otherwise specified, Contractor shall select materials as recommended by arborist or landscape Landscape Architect.

2.1.2. Drainage Fill: Selected crushed stone, or crushed or uncrushed gravel, washed, ASTM D 448, Size 24, with 90 to 100 percent passing a 2-1/2-inch (63-mm) sieve and not more than 10 percent passing a 3/4-inch (19-mm) sieve.

2.1.3. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 1 inch (25 mm) in diameter; and free of weeds, roots, and toxic and other nonsoil materials.

2.1.3.1. Obtain topsoil only from well-drained sites where topsoil is 4 inches (100 mm) deep or more; do not obtain from bogs or marshes.

2.1.4. Filter Fabric: Manufacturer's standard, nonwoven, pervious, geotextile fabric of polypropylene, nylon, or polyester fibers.

2.1.5. Chain-Link Fence: Metallic-coated steel chain-link fence fabric of 0.120-inch- (3-mm-) diameter wire; a minimum of 72 inches (1800 mm) high; with 1.9-inch- (48-mm-) diameter line posts; 2-3/8-inch- (60-mm-) diameter terminal and corner posts; 1-5/8- inch- (41-mm-) diameter top rail; and 0.177-inch- (4.5-mm-) diameter bottom tension wire; with tie wires, hog ring ties, and other accessories for a complete fence system.

2.1.6. Select mulch as recommended by arborist or landscape Landscape Architect.

2.1.7. Organic Mulch: Use shredded hardwood, ground or shredded bark, or wood and bark chips, all free of deleterious materials.

3. EXECUTION

3.1. PREPARATION

3.1.1. Preconstruction Meeting: Review methods and procedures related to temporary pl ant protection including, but not limited to:
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TEMPORARY TREE AND PLANT PROTECTION 01 56 39 - 3

3.1.1.1. Construction schedule. Verify availability of materials, personnel, and equ ipment needed to make progress and avoid delays.

3.1.1.2. Enforcing requirements for protection zones.

3.1.1.3. Project Arborist's responsibilities.

3.1.1.4. Field quality control.

3.1.2. Temporary Fencing: Install temporary fencing around tree protection zones to protect remaining trees and vegetation from construction damage prior to any site preparation, demolition, or grading work. Maintain temporary fence and remove when construction is complete.

3.1.3. Install chain-link fence according to ASTM F 567 and manufacturer's written instructions.

3.1.4. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations.

3.1.5. Mulch areas inside tree protection zones and other areas indicated.

3.1.5.1. Select mulch as recommended by arborist or landscape Landscape Architect.

3.1.5.2. Apply 2-inch (50-mm) to 3-inch (75-mm) average thickness of organic mulch.

Do not place mulch within 6 inches (150 mm)] of tree trunks.

3.1.6. Do not store construction materials, debris, or excavated material inside tree protection zones. Do not permit vehicles or foot traffic within tree protection zones; prevent soil compaction over root systems.

3.1.7. Maintain tree protection zones free of weeds and trash.

3.1.8. Do not allow fires within tree protection zones.

3.2. EXCAVATION

3.2.1. Install shoring or other protective support systems to minimize sloping or benching of excavations where construction or utility excavation is near trees to be protected.

3.2.2. Do not excavate within tree protection zones, unless otherwise indicated.

3.2.3. Where excavation for new construction is required within tree protection zones, hand clear and excavate to minimize damage to root systems. Use narrow-tine spading forks and comb soil, or compressed air-powered tool or water to remove soil, to expose roots.

3.2.3.1. Do not allow exposed roots to dry out before placing permanent backfill.

Provide temporary earth cover or pack with peat moss and wrap with burlap.

Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil.

3.2.4. Where utility trenches are required within tree protection zones, tunnel under or around roots by drilling, auger boring, pipe jacking, or digging by hand.

3.2.4.1. Root Pruning: Do not cut main lateral roots or taproots; cut only smaller roots (2-inch diameter and smaller) that interfere with installation of utilities. Cut 467

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TEMPORARY TREE AND PLANT PROTECTION 01 56 39 - 4
roots with sharp pruning instruments; do not break or chop. Consult with an Arborist or Landsacpe Landscape Architect for roots latger than 2-inch diameter.

3.3. REGRADING

3.3.1. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade beyond tree protection zones. Maintain existing grades within tree protection zones.

3.3.2. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade away from trees as recommended by arborist, unless otherwise indicated.

3.3.2.1. Root Pruning: Prune tree roots exposed during grade lowering. Do not cut main lateral roots or taproots; cut only smaller roots. Cut roots with sharp pruning instruments; do not break or chop.

3.3.3. Minor Fill: Where existing grade is 6 inches (150 mm) or less below elevation of finish grade, fill with topsoil. Place topsoil in a single uncompacted layer and hand grade to required finish elevations.

3.3.4. Moderate Fill: Where existing grade is more than 6 inches (150 mm) but less than 12 inches (300 mm) below elevation of finish grade, place drainage fill, filter fabric, and topsoil on existing grade as follows:

3.3.4.1. Carefully place drainage fill against tree trunk approximately 2 inches (50 mm) above elevation of finish grade and extend not less than 18 inches (450 mm) from tree trunk on all sides. For balance of area within drip-line perimeter, place drainage fill up to 6 inches (150 mm) below elevation of grade.

3.3.4.2. Place filter fabric with edges overlapping 6 inches (150 mm) minimum.

3.3.4.3. Place fill layer of topsoil to finish grade. Do not compact drainage fill or topsoil.

Hand grade to required finish elevations.

3.4. TREE PRUNING

3.4.1. Prune trees to remain that are affected by temporary and permanent construction.

3.4.2. Prune trees to remain to compensate for root loss caused by damaging or cutting root system as directed by an Arborist or Landscape Landscape Architect. Provide subsequent maintenance during Contract period as recommended by arborist.

3.4.3. Prune trees to be preserved to clean the crown of dead branches 2” and larger in diameter and raise canopies as needed for construction activities.

3.4.4. Prune to raise the canopies of all trees 8 feet above ground unless otherwise directed by an Arborist of Landscape Landscape Architect.

3.4.5. Pruning Standards: Prune trees according to ANSI A300 (Part 1), as recommended by arborist report.

3.4.6. Adjust pruning requirements per arborist’s recommendations. 468

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3.4.7. Cut branches with sharp pruning instruments; do not break or chop.

3.4.8. Modify below to specific project requirements.

3.4.9. Chip removed tree branches and dispose of or spread over areas identified by City.

Tree(s) to be removed that have branches extending into the canopy of tree(s) to remain must be removed by a qualified arborist or certified tree workers and not by construction contractors. The qualified arborist shall remove the tree in a manner that causes no damage to the tree(s) and understory to remain. Tree stumps shall be ground 12” below ground surface.

3.5. TREE REPAIR AND REPLACEMENT

3.5.1. Promptly repair trees damaged by construction operations within 24 hours. Treat damaged trunks, limbs, and roots according to arborist's written instructions.

3.5.2. Remove and replace trees indicated to remain that die or are damaged during construction operations or that are incapable of restoring to normal growth pattern.

3.5.2.1. Provide new trees of 6-inch (150-mm) caliper size and of a when damaged trees more than 6 inches (150 mm) in caliper size, measured 12 inches (300 mm) above grade, are required to be replaced. Plant and maintain new trees as specified in Contract Documents.

3.5.3. Where recommended by arborist report, aerate surface soil, compacted during construction, 10 feet (3 m) beyond drip line and no closer than 36 inches (900 mm) to tree trunk. Drill 2-inch (50-mm) diameter holes a minimum of 12 inches (300 mm) deep at 24 inches (600 mm) o.c. Backfill holes with an equal mix of augered soil and sand.

3.6. DISPOSAL OF WASTE MATERIALS

3.6.1. Burning is not permitted.

3.6.2. Disposal: Remove excess excavated material and displaced trees from Site.

END OF SECTION
469

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CITY OF RICHMOND
STORM WATER POLLUTION PREVENTION PLAN (SWPPP) - CONSTRUCTION 01 57 10 - 1 SECTION 01 57 10
STORM WATER POLLUTION PREVENTION PLAN (SWPPP) – CONSTRUCTION

1. GENERAL

1.15. RELATED DOCUMENTS AND PROVISION
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.15.1. General Conditions;

1.15.2. Supplementary Conditions;

1.15.3. Site Standards;

1.16. The Clean Water Act and Porter Cologne Water Quality Act prohibit the discharge of any water containing pollutants from certain construction sites unless a National Pollutant Discharge Elimination System permit is first obtained and followed. The National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction Storm Water Permit) Order No. 2009-0009-DWQ as amended by Order No. 2010-0014-DWQ (NPDES No. CAS000002) issued by the California State Water Resources Control Board (State Water Board) authorizes the discharge of storm water and certain non-storm water from construction sites if certain conditions and measures are taken.

The City has determined that the construction of this Project requires enrollment in the Construction Storm Water Permit.

2. SUBMITTALS

2.1. GENERAL
All submittals shall be made in a form conducive for the City to electronically upload the approved submittals to the Storm water Multi-Application Reporting and Tracking System (SMARTS).

2.2. RISK ASSESSMENT

2.2.1. Concurrent with the Submittal Schedule as indicated in the General Conditions, Contractor shall prepare and submit a proposed “Risk Assessment” as set forth in the Construction Storm Water Permit.

2.2.2. The Contractor’s Qualified SWPPP Developer (“QSD”) will review the Contractor’s proposed Risk Assessment for compliance with the Construction Storm Water Permit. If changes to the proposed Risk Assessment are required to comply with the Construction Storm Water Permit, the City QSD will identify such changes to the Contractor.

2.2.3. Contractor shall make the changes specified by the QSD and shall submit the revised Risk Assessment to the City within seven (7) days of receipt of the changes identified by the QSD. If the changes had been acceptably made, the QSD will approve the Risk Assessment and provide the Contractor with a copy within seven (7) days of receipt of the revised Risk Assessment.
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STORM WATER POLLUTION PREVENTION PLAN (SWPPP) - CONSTRUCTION 01 57 10 - 2

2.3. SITE MAPS

2.3.1. Concurrent with the Submittal Schedule as indicated in the General Conditions, Contractor shall prepare and submit proposed “Site Maps” as described in Attachment B of the Construction Storm Water Permit.

2.3.2. The QSD will review the Contractor’s proposed Site Maps for compliance with the Construction Storm Water Permit. If changes to the proposed Site Maps are required to comply with the Construction Storm Water Permit, the QSD will identify such changes to the Contractor.

2.3.3. Contractor shall make the changes specified by the QSD and shall submit the revised Site Maps to the City within seven (7) days of receipt of the changes identified by the City’s QSD. If the changes had been acceptably made, the QSD will approve the Site Maps and provide the Contractor with a copy within seven (7) days of receipt of the revised SWPPP.

2.4. SWPPP

2.4.1. Concurrent with the Submittal Schedule as indicated in the General Conditions, Contractor shall prepare and submit to the City a proposed SWPPP for the Work.

2.5. RAIN EVENT ACTION PLAN (REAP) – CONTRACTOR’S OBLIGATIONS TO PREPARE

2.5.1. A Rain Event Action Plan (REAP) is a written document, specific for each rain event. A REAP should be designed so that when implemented it protects all exposed portions of the site within 48 hours of any likely rain.

2.5.2. The General Permit requires Risk Level 2 and 3 dischargers to develop and implement a REAP designed to protect all exposed portions of their sites within 48 hours prior to any likely precipitation event. The REAP requirement is designed to ensure that the discharger has adequate materials, staff, and time to implement erosion and sediment control measures that are intended to reduce the amount of sediment and other pollutants generated from the active site. A REAP must be developed when there is likely a forecast of 50% or greater probability of precipitation in the Project area. (The National Oceanic and Atmospheric Administration (NOAA) defines a chance of precipitation as a probability of precipitation of 30% to 50% chance of producing precipitation in the project area. The NOAA defines the probability of precipitation as the likelihood of occurrence (expressed as a percent) of a measurable amount (0.01 inch or more) of liquid precipitation (or the water equivalent of frozen precipitation) during a specified period of time at any given point in the forecast area). Forecasts are normally issued for 12-hour time periods.

2.5.3. Contractor shall prepare and submit to the City a proposed REAP for the Work.

2.6. ACTIVE TREATMENT SYSTEM (ATS)

2.6.1. If Contractor determines that Site requires an ATS under the Construction Storm Water Permit, concurrent with the Submittal Schedule as indicated in the General Conditions, Contractor shall prepare and submit to the City a proposed ATS for the Work. 471

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STORM WATER POLLUTION PREVENTION PLAN (SWPPP) - CONSTRUCTION 01 57 10 - 3

2.7. RECORDS
All electronic and hardcopy records required by the Construction Storm Water Permit shall be submitted to the City within seven (7) days of Completion of the Project.

3. PERMIT REGISTRATION DOCUMENTS
Prior to any activities on Site that disturb the Site’s surface, the Permit Registration Documents (PRDs) required by the Construction Storm Water Permit must be filed with the Regional Water Quality Control Board. The City shall file the PRDs with the Regional Water Quality Control Board to activate coverage under the Construction Storm Water Permit.

4. IMPLEMENTATION REQUIREMENTS

4.1. Contractor shall not conduct any activities that may affect the Site’s construction runoff water quality until the City provides Contractor with the Waste Discharger Identification Number (WDID) assigned to the Project by the State Water Board.

4.2. Contractor shall keep a copy of the approved SWPPP at the job site. The SWPPP shall be made available when requested by a representative of the Regional Water Quality Control Board, State Water Resources Control Board, United States Environmental Protection Agency, or the local storm water management agency. Requests from the public shall be directed to the City for response.

4.3. Contractor shall designate in writing to the City a Qualified SWPPP Practitioner (QSP) who shall be responsible for implementing the SWPPP, REAP (if applicable), ATS (if applicable), conducting non-storm water and storm water visual observations, and for ensuring that all best management practices (BMPs) required by the SWPPP and General Permit are properly implemented and maintained.

4.4. All measures required by the SWPPP shall be implemented concurrent with the commencement of construction. Pollution practices and devices shall be followed or installed as early in the construction schedule as possible with frequent upgrading of devices as construction progresses.

4.5. Contractor shall ensure that all measures are properly maintained and repaired to protect the water quality of discharges.

5. INSPECTION, SAMPLING, ANALYSIS, AND RECORD KEEPING REQUIREMENTS The Contractor’s QSP shall conduct all required visual observations, sampling, analysis, reporting, and record keeping required by the SWPPP and the Construction Storm Water Permit.

6. REPORTING REQUIREMENTS
Contractor shall prepare and provide all the reports, which include, but are not limited to the Annual Report and any NEL Violation Reports or NAL Exceedance Reports, all of which are required by the SWPPP and the Construction Storm Water Permit.

7. ANNUAL REPORT
By August 1 of each year (defined as July 1 to June 30) that had at least one continuous three (3) month period coverage under the General Permit, Contractor shall complete and submit to the City an Annual Report, as 472

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CITY OF RICHMOND
STORM WATER POLLUTION PREVENTION PLAN (SWPPP) - CONSTRUCTION 01 57 10 - 4 required by the General Permit. If the Project is complete prior to August 1, Contractor shall submit the report prior to acceptance of the Project.

8. COMPLETION OF WORK

8.1. Clean-up shall be performed as each portion of the Work progresses. All refuse, excess material, and possible pollutants shall be disposed of in a legal manner off-site and all temporary and permanent SWPPP devices shall be in place and maintained in good condition.

8.2. At Completion of Work, Contractor shall inspect installed SWPPP devices, and present the currently implemented SWPPP with all backup records to the City.

9. NOTICE OF TERMINATION (NOT)
A Notice of Termination (NOT) must be submitted by the Contractor to the City for electronic submittal by the Legally Responsible Person via SMARTS to terminate coverage under the General Permit. The NOT must include a final Site Map and representative photographs of the Project Site that demonstrate final stabilization has been achieved. The NOT shall be submitted to the City on or before the Contractor submits its final application for payment. If the Regional Water Board rejects the NOT for any reason, the Contractor shall revise the NOT as many times as necessary to obtain the Regional Water Board’s approval. The Regional Water Board will consider a construction site complete when the conditions of Section II.D of the General Permit have been met.

10. QUALITY ASSURANCE

10.1. Before performing any of the obligations indicated herein, the Contractor’s QSP shall meet the training and certification requirements in the Construction Storm Water Permit.

10.2. Contractor shall perform the Work in strict compliance with the approved SWPPP, REAP, ATS, and the Construction Storm Water Permit.

10.3. Contractor shall conduct at least a one-hour training session on the requirements of the SWPPP for each employee before an employee conducts any Work on the Site. Contractor shall maintain documentation of this employee training at the Site for review by the City or any regulatory agency.

11. PERFORMANCE REQUIREMENTS

11.1. The SWPPP is a minimum requirement. Revisions and modifications to the SWPPP are acceptable only if they maintain levels of protection equal to or greater than originally specified.

11.2. Read and be thoroughly familiar with all of the requirements of the SWPPP.

11.3. Inspect and monitor all work and storage areas for compliance with the SWPPP prior to any anticipated rain.

11.4. Complete any and all corrective measures as may be directed by the regulatory agency.

11.5. Penalties: Contractor shall pay any fees and any penalties that may be imposed by a regulatory agency for non-compliance with the SWPPP during the course of Work.

11.6. Costs: Contractor shall pay all costs associated with the implementation of the requirements of 473

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STORM WATER POLLUTION PREVENTION PLAN (SWPPP) - CONSTRUCTION 01 57 10 - 5 the SWPPP in order to maintain compliance with the Permit. This includes installation of all Housekeeping BMPs, General Site and Material Management BMPs, Inspection requirements, maintenance requirements, and all other requirements specified in the SWPPP.

12. MATERIALS
All temporary and permanent storm water pollution prevention facilities, equipment, and materials as required by or as necessary to comply with the SWPPP as described in the BMP Handbook.

END OF SECTION
474

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CITY OF RICHMOND
MATERIALS AND EQUIPMENT 01 60 00 - 1
SECTION 01 60 00

MATERIALS AND EQUIPMENT

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions.

1.1.2. Supplementary Conditions (if any); and

1.1.3. Imported Materials Certification.

1.2. MATERIALS AND EQUIPMENT

1.2.1. Only items approved by the City and/or Landscape Architect shall be used.

1.2.2. Contractor shall submit lists of Products and other Product information in accordance with the Contract Documents, including, without limitation, the provisions regarding the submittals.

1.3. MATERIALS AND EQUIPMENT COLORS

1.3.1. The Contractor shall comply with all schedule(s) of colors provided by the City and/or Landscape Architect.

1.3.2. No individual color selections will be made until after approval of all pertinent materials and equipment and after receipt of appropriate samples in accordance with the Contract Documents, including, without limitation, the provisions regarding the submittals.

1.3.3. Contractor shall request priority in writing for any item requiring advance ordering to maintain the approved Construction Schedule.

1.4. DELIVERY, STORAGE, AND HANDLING

1.4.1. Contractor shall deliver manufactured materials in original packages, containers, or bundles (with seals unbroken), bearing name or identification mark of manufacturer.

City may inspect materials prior to Contractor unloading the delivered materials. City may reject any materials that do not conform to the Contract Documents.

1.4.2. Contractor shall deliver fabrications in as large assemblies as practicable; where specified as shop-primed or shop-finished, package or crate as required to preserve such priming or finish intact and free from abrasion.

1.4.3. Contractor shall store materials in such a manner as necessary to properly protect them from damage. Materials or equipment damaged by handling, weather, dirt, or from any other cause will not be accepted.
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1.4.4. Materials that have been warehoused for long periods of time, stored or transported in improper environment, improperly packaged, inadequately labeled, poorly protected, excessively shipped, deviated from normal distribution pattern, or reassembled are not acceptable.

1.4.5. Contractor shall store materials so as to cause no obstructions of sidewalks, roadways, or underground services. Contractor shall protect materials and equipment furnished pursuant to the Contract Documents.

1.4.6. Contractor may store materials on Site with prior written approval by City; all materials shall remain under Contractor's control and Contractor shall remain liable for any damage to the materials. Should the Project Site not have storage area available, the Contractor shall provide for off-site storage at no cost to City.

1.4.7. When any room in Project is used as a shop or storeroom, Contractor shall be responsible for any repairs, patching, or cleaning necessary due to that use. Location of storage space shall be subject to prior written approval by City.

2. PRODUCTS

2.1. MANUFACTURERS

2.1.1. Manufacturers listed in various sections of the Contract Documents are names of those manufacturers that are believed to be capable of supplying one or more of the items specified therein.

2.1.2. The listing of a manufacturer does not imply that every product of that manufacturer is acceptable or as meeting the requirements of the Contract Documents.

2.2. FACILITIES AND EQUIPMENT
Contractor shall provide, install, maintain, and operate a complete and adequate facility for handling, execution, disposal, and distribution of materials and equipment as required for proper and timely performance of Work.

2.3. MATERIALS REFERENCE STANDARDS
Where materials are specified solely by reference to “standard specifications” or other general reference, and if requested by City, Contractor shall submit for review data on actual materials proposed to be incorporated into Work, listing name and address of vendor, manufacturer, or producer, and trade or brand names of those materials, and data substantiating compliance with standard specifications.

3. EXECUTION

3.1. WORKMANSHIP

3.1.1. Where not more specifically described in any other Contract Documents, workmanship shall conform to methods and operations of best standards and accepted practices of trade or trades involved and shall include items of fabrication, construction, or installation regularly furnished or required for completion (including finish and for successful operation, as intended).
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3.1.2. Work shall be executed by tradespersons skilled in their respective field of work. When completed, parts shall have been durably and substantially built and present a neat appearance.

3.2. COORDINATION

3.2.1. Contractor shall coordinate installation of materials and equipment so as to not interfere with installation of other Work. Adjustment or rework because of Contractor’s failure to coordinate will be at no additional cost to City.

3.2.2. Contractor shall examine in-place materials and equipment for readiness, completeness, fitness to be concealed or to receive Work , and compliance with Contract Documents.

Concealing or covering work constitutes acceptance of additional cost which will result should in-place materials and equipment be found unsuitable for receiving other work or otherwise deviating from the requirements of the Contract Documents.

3.3. COMPLETENESS
Contractor shall provide all portions of the Work, unless clearly stated otherwise, installed complete and operational with all elements, accessories, anchorages, utility connections, etc., in a manner to ensure well-balanced performance, in accordance with manufacturer's recommendations and in accordance with Contract Documents. For example, electric water coolers require water, electricity, and drain services; roof drains require drain systems; sinks fit within countertop, etc. Terms such as “installed complete,” “operable condition,” “for use intended,” “connected to all utilities,” “terminate with proper cap,” “adequately anchored,” “patch and refinish,” and “to match similar” should be assumed to apply in all cases, except where completeness of functional or operable condition is specifically stated as not required.

3.4. APPROVED INSTALLER OR APPLICATOR
Contractor shall ensure that all installations are only performed by a manufacturer’s approved installer or applicator.

3.5. MANUFACTURER'S RECOMMENDATIONS
All installations shall be in accordance with manufacturer's published recommendations and specific written directions of manufacturer's representative. Should the Contract Documents differ from recommendations of manufacturer or directions of manufacturer’s representative, Contractor shall analyze differences, make recommendations to the City and the Landscape Architect in writing, and shall not proceed until interpretation or clarification has been issued by the City and/or the Landscape Architect.

END OF SECTION
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DELIVERY, STORAGE AND HANDLING 01 66 10 - 1
SECTION 01 66 10

DELIVERY, STORAGE AND HANDLING

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions, including, without limitation, Site Access, Conditions and Requirements; and

1.1.2. Supplementary Conditions.

1.2. PRODUCTS

1.2.1. Products are as defined in the General Conditions.

1.2.2. Contractor shall not use and/or reuse materials and/or equipment removed from existing Premises, except as specifically permitted by the Contract Documents.

1.2.3. Contractor shall provide interchangeable components of the same manufacturer, for similar components.

1.3. TRANSPORTATION AND HANDLING

1.3.1. Contractor shall transport and handle Products in accordance with manufacturer's instructions.

1.3.2. Contractor shall promptly inspect shipments to confirm that Products comply with Contract requirements, are of correct quantity, and are undamaged.

1.3.3. Contractor shall provide equipment and personnel to properly handle Products to prevent soiling, disfigurement, or damage.

1.4. STORAGE AND PROTECTION

1.4.1. Contractor shall store and protect Products in accordance with manufacturer's instructions, with seals and labels intact and legible. Contractor shall store sensitive Products in weather-tight, climate controlled enclosures.

1.4.2. Contractor shall place fabricated Products that are stored outside, on above-ground sloped supports.

1.4.3. Contractor shall provide off-site storage and protection for Products when Site does not permit on-site storage or protection.

1.4.4. Contractor shall cover Products subject to deterioration with impervious sheet covering and provide ventilation to avoid condensation.
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DELIVERY, STORAGE AND HANDLING 01 66 10 - 2

1.4.5. Contractor shall store loose granular materials on solid flat surfaces in a well-drained area and prevent mixing with foreign matter.

1.4.6. Contractor shall provide equipment and personnel to store Products by methods to prevent soiling, disfigurement, or damage.

1.4.7. Contractor shall arrange storage of Products to permit access for inspection and periodically inspect to assure Products are undamaged and are maintained under specified conditions.

END OF SECTION
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CONSTRUCTION STAKING AND SURVEY 01 71 23 - 1
SECTION 01 71 23

CONSTRUCTION STAKING AND SURVEY
PART 1 -GENERAL

1.01 SUMMARY
A. This section specifies the work for construction staking which consists of providing all labor, tools, equipment, materials and incidentals necessary to locate by staking all improvements, to the line and grade shown on the Plans.

PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION

3.01 GENERAL
A. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as they may desire to facilitate his or her methods and sequence of construction.

B. All work shall be staked in order to meet the lines and grades shown on the Plans. Copies of all survey cut sheets shall be provided to the City Engineer two (2) working days before the planned work begins.

C. Finished grade elevations, pipe flowlines, and walls shall be within minus five hundredths (-0.05) foot of elevation and plan location.

D. Prior to concrete pouring, formwork and survey staking shall be reviewed and approved by the City Engineer.

END OF SECTION 01 71 23
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EXECUTION 01 73 00 - 1
SECTION 01 73 00

EXECUTION

1. GENERAL

1.1. RELATED DOCUMENTS AND PROVISIONS
Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including without limitation:

1.1.1. General Conditions;

1.1.2. Supplementary Conditions (if any);

1.1.3. Coordination and Project Meetings;

1.1.4. Submittals;

1.1.5. Materials and Equipment;

1.1.6. Cutting and Patching;

1.1.7. Contract Closeout and Final Cleaning; and

1.1.8. General Commissioning Requirements.

1.2. SUMMARY

1.2.1. This Document includes general procedural requirements governing execution of the Work including, but not limited to, the following:

1.2.1.1. Construction layout;

1.2.1.2. Field engineering and surveying;

1.2.1.3. General installation of products;

1.2.1.4. Owner furnished, Contractor installed items;

1.2.1.5. Coordination of City-installed products;

1.2.1.6. Progress cleaning;

1.2.1.7. Staring and adjusting;

1.2.1.8. Protection of installed construction; and

1.2.1.9. Correction of the Work.

1.3. SUBMITTALS

1.3.1. Qualification Data: For land surveyor or professional engineer. 481

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EXECUTION 01 73 00 - 2

1.3.2. Certificates: Submit certificate signed by land surveyor or professional engineer certifying that location and elevation of improvements comply with requirements.

1.3.3. Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept the materials as classified, for hazardous waste disposal.

1.3.4. Certified Surveys: Submit electronic files and three (3) paper copies signed by land surveyor or professional engineer.

1.3.5. Final Property Survey: Submit electronic files and three (3) paper copies showing the Work performed and record survey data.

Richmond City CouncilMay 21, 2024

Richmond City Council
May 21, 2024