Agenda — Richmond City Council, June 24, 2024 (part 4 of 6)

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Community Services-Recreation is requesting City
Council approval to purchase and install fitness
equipment from Gym Doctors as a replacement for
vandalized and stolen equipment when the facility was
closed due to a fire.

RECOMMENDED ACTION: APPROVE a contract with Gym Doctors for the purchase and installation of fitness equipment at Booker T.

Anderson Community Center in an amount not to exceed
$60,000, for a term beginning June 18, 2024, and ending on December 31, 2025 - Community Services
Department (LaShonda White 510-620-6828/Ranjana
Maharaj 510-620-6972/Tetteh Kisseh 510-620-6919).

AGENDA
REPORT
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Page 2 of 2 ends

June 18, 2024
DISCUSSION:

The Booker T. Anderson Community Center (Center) building was shut down in October 2020 due to a fire. During the closure, the fitness equipment in the facility was vandalized and/or stolen by unauthorized persons who entered the facility. Currently, the Center lacks functioning fitness equipment.

Staff contacted several fitness equipment vendors to inquire if the vandalized equipment at the Center could be salvaged. The vendors informed City staff that the equipment was dated and that getting parts to repair it would be challenging. Therefore, City staff were advised to replace the fitness equipment.

Staff solicited bids for purchasing and installing new fitness equipment through the City’s bids online system. Eighty-seven vendors were notified, and three vendors submitted a bid. The bids were rated by City staff using the below-mentioned criteria:
 The proposal/methodology and approach to the project (i.e. ability to provide services as outlined in the City’s request, demonstrated knowledge of work, etc.)  Experience demonstrated in providing fitness equipment services (i.e., references and past performance)
 Proposer qualification to complete the required work promptly  Cost of the proposal

SUMMARY OF BIDDING INFORMATION

VENDOR NAME AMOUNT RATING TEAM
SCORES
RANK
Gym Doctors $54,627.10 262 1
Opti-Fit (Fitness Solutions) $52,215.93 232 2
Pro-Tech Gym Service, Inc. $160,103 182 3
Upon careful review of the quotes, City staff recommends that the City Council award the bid to Gym Doctors to provide and install the fitness equipment at the Center. Gym Doctors proposed a better approach to the project scope, has more experience completing projects as requested in the bid package, and has excellent qualifications.

Gym Doctors previously worked with Community Services-Recreation in the maintenance of the fitness machines, and they have always been timely and professional in their service to the City of Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – Contract with Gym Doctors
Attachment 2 – Bid Packet
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CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

By:

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

By:

By: Title:

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

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

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
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For the Contract between the City of
Richmond and

EXHIBIT B

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 645
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond
Richmond, CA 94804-0046

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

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EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 647
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import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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

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

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

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 648
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 649
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

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

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

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

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

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 650
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 652
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

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

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 653
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

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

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

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 654
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 655
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City reserves the right to employ other Contractors in connection with the project.

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

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

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

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

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

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

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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General Conditions/EJ/TE 01-19-11 11 of 13

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

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

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

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

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 657
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

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

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

39. Performance and Final Acceptance.

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

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 658
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

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

40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 659
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
660
661
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
662
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Contractor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to 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.
663
___ 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. 664
___ 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.

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.
665
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
666

SUMMARY OF BIDDING INFORMATION

VENDOR NAME AMOUNT RATING TEAM
SCORES
RANK
Gym Doctors $54,627.10 262 1

OPTI-FIT (FITNESS

SOLUTIONS)
$52,215.93 232 2

PRO-TECH GYM

SERVICE, INC
$160,103 182 3
Three vendors submitted bids for the fitness equipment for the BTA Fitness Center. Out of the three vendors, Gym Doctors was selected by the three staff evaluators as the lead bidder. Gym Doctors proposed a better approach to the project scope, has more experience doing projects as requested in the RFQ and comes with excellent qualifications. Gym Doctors had also previously worked with Community ServicesRecreation in the maintenance of the fitness machines and they have always been timely and professional in their service to the City.
667
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City of Richmond
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June 18, 2024
Library and Community Services
DATE: June 18, 2024
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager-Community
Services
Ranjana Maharaj, Deputy Director for Community
Services-Recreation
Kymberlyn Carson-Thrower, Recreation Supervisor
Subject: Production Agreement Contract with Pyro Spectacular North Inc. for 3rd of July Fireworks Display
FINANCIAL IMPACT: There will be a $103,185 financial impact to the General Fund in account number 01254551-400222. In addition to
this cost, the City and the vendor have agreed that the City’s Fire Department will be on standby for
emergencies. Staff from Recreation, Parks and Police will also be in attendance for the 3rd of July celebration. This may incur additional costs.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Staff is seeking approval of the Production Agreement
Contract with Pyro Spectaculars North Inc. in the amount of $103,185 to provide fireworks display show for the City of Richmond on July 3, 2024.

AGENDA
REPORT
770

Page 2 of 3 ends

June 18, 2024
RECOMMENDED ACTION: APPROVE the Production Agreement contract with Pyro Spectaculars North Inc. to provide a fireworks display
show for Richmond on July 3, 2024, at the Richmond
Marina in an amount not to exceed $103,185, and for a
term beginning June 1, 2024, ending on December 31,
2024 – Community Services Department (LaShonda
White 510-620-6828/Ranjana Maharaj 510-620-
6972/Kymberlyn Carson-Thrower 510-620-6789).

DISCUSSION:

The City of Richmond has completed all prerequisites mandated to implement the 3 rd of
July Fireworks Celebration. The Request for Proposal (RFP) for this event was posted on the City’s Bids Online on December 16, 2023. No vendors responded to our posted request, so staff reached out to Pyro Spectaculars North Inc. who was Richmond’s fireworks show vendor in previous years to respond to the RFP request.

Each year, the City coordinates with several departments, vendors, and agencies to host the Annual 3
rd of July Fireworks Celebration. The planning and coordination of this event starts as early as January. On the City side, a special event permit is routed as part of the approval process, which requires approvals from the Richmond Police Department, Fire Department, Public Works and other city departments. The fireworks vendor is required to coordinate the fireworks showcase, barge services, approval to use a port for loading fireworks, and other permits required for the actual fireworks show.

In January 2024, Pyro Spectaculars North Inc. informed staff that they were having a hard time finding a vendor to provide the tug and barge services. Based upon the lack of results for a tug and barge vendor, Pyro Spectaculars North Inc. met with City staff to discuss the possibility of a land launch for the 2024 fireworks showcase. The projected land launch was proposed from Lucretia Edwards Park. Although this option presented major concerns, City staff were still open to working on making this event possible by combining resources with other agencies and requesting additional City staff to help with the event.

In the meantime, Pyro Spectaculars North Inc. continued to look for other vendors to provide the tug and barge services not only for Richmond, but other San Francisco Bay area clients who are in the same predicament as Richmond. On April 26, 2024, Pyro Spectaculars North Inc. informed City staff that they were able to secure tug and barge services with a new vendor called Marine Express. This vendor has stellar equipment, and highly skilled and very experienced operators; however, they charge the current market rate for their services. This has substantially increased the cost of the fireworks show in comparison to previous years ($64,975 in 2023).

Based upon the information provided by Pyro Spectaculars North Inc. and the timeframe left to finalize contracts and prepare for the 3 rd of July fireworks showcase,
City staff recommends that the City Council approve the Production Agreement 771

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June 18, 2024
Contract with Pyro Spectaculars North Inc. to provide a fireworks display show for the City of Richmond on July 3, 2024, in an amount not to exceed $103,185.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Bid Detail Report
772
773
774
775
776
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 7:

Professional Services Pyrotechnics
Type 2 – Page 1 of 3
Revised: September 2011
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 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.

General Liability
(primary and excess limits
combined)
$5,000,000 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 ($10 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
777
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 7:

Professional Services Pyrotechnics
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $2,000,000 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 REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $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. 778
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 7:

Professional Services Pyrotechnics
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

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 Manger. 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.

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
780
City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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City of Richmond
3rd of July Fireworks Showcase Display, bidding on 01/31/2024 3:00 PM (PST)

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June 18, 2024
Mayor's Office
DATE: June 18, 2024
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Reappointment of Lily Rahnema to the Environment Community and Investment Agreement (ECIA) Grant
Review Ad Hoc Committee
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

Ms. Rahnema was reappointed to the ECIA on September
13, 2022

STATEMENT OF THE
ISSUE:

Lily Rahnema is applying for re-appointment on the ECIA Grant Review Ad Hoc Committee
RECOMMENDED ACTION: REAPPOINT Lily Rahnema to the ECIA Grant Review Ad Hoc Committee, term expires, March 31, 2026 – Mayor’s
Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION: Lily Rahnema as served on the ECIA since 2018 and has worked with staff and other Ad Hoc Committee members to ensure that qualified applicants have received vital grant funding.

AGENDA
REPORT
795

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June 18, 2024
DOCUMENTS ATTACHED:

Attachment 1 – Lily Rahnema Application Redacted
796
797

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June 18, 2024
Mayor's Office
DATE: June 18, 2024
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Councilmember Doria Robinson
Councilmember Melvin Willis
Subject: Juneteenth Proclamation
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

June is a significant month for Richmond as we
commemorate Juneteenth, honoring the emancipation of
enslaved African Americans and celebrating their vital
contributions to our city's cultural, social, and economic fabric. Join us at Nicholl Park on June 22, 2024 at 12:00 P.M. for the annual Juneteenth festival. The parade
begins at 10:00 A.M. from Kennedy High School.

RECOMMENDED ACTION: PROCLAMATION recognizing June 19, 2024, as Juneteenth in the City of Richmond – Mayor Eduardo
Martinez (510-620-6503), Councilmembers Melvin Willis
(510-620-2050), and Doria Robinson (510-620-6568).

AGENDA
REPORT
798

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June 18, 2024
DISCUSSION:

Juneteenth honors the emancipation of enslaved African Americans on June 19, 1865, marking a significant milestone in the fight for freedom and the end of slavery in the United States. This day serves as a reminder of the resilience and strength of African Americans and the ongoing struggle for racial equity and justice.

The African American community has played a pivotal role in shaping Richmond's history and development. From the early migration during the World War II era to their ongoing contributions to the city's cultural, social, and economic fabric.

Richmond recognizes and honors these invaluable contributions. We encourage residents to reflect on the African American community's impact on our city and support efforts to build a more inclusive and equitable society.

The annual Juneteenth celebration will be held on June 22, 2024 from 10:00 A.M. to 6:00 P.M. The Juneteenth parade will start at Kennedy High School at 10:00 A.M. and end by joining the festival at Nicholl Park at 12:00 P.M. Please join us to commemorate this historic day and engage in meaningful conversations about systemic racism.

DOCUMENTS ATTACHED:

Attachment 1 – Juneteenth Proclamation
799
WHEREAS, the City of Richmond, California, is committed to upholding the values of diversity, equality, and inclusivity; and
WHEREAS, Juneteenth, also known as Emancipation Day, commemorates the day on June 19, 1865, when Union General Gordon Granger arrived in Galveston, Texas, and announced the emancipation of enslaved African Americans, effectively freeing the last enslaved individuals in the Confederate states, marking a significant milestone in the fight for freedom and the end of slavery in the United States; and
WHEREAS, Juneteenth serves as a reminder of the resilience, strength, and perseverance of African Americans throughout history, despite the hardships they have endured; and
WHEREAS, the African American population in the City of Richmond has made invaluable contributions to the city's cultural, social, economic, and political fabric; and
WHEREAS, the African American community has played a vital role in shaping Richmond's history, from the early migration during the World War II era to their ongoing contributions to the city's rich artistic and intellectual heritage; and
WHEREAS, the City of Richmond cordially invites all community members to join us at Nicholl Park on June 22nd at 12:00 pm for the annual Juneteenth celebration; and
WHEREAS, it is crucial to acknowledge and celebrate the countless accomplishments and contributions of African Americans to Richmond's growth and prosperity; and
Proclamation Recognizing Juneteenth and the Contributions of African Americans to Richmond
800
WHEREAS, it is the responsibility of every resident to actively engage in combating systemic racism, promoting racial equity, and ensuring African American Communities are protected from all forms of injustice and discrimination,
NOW, THEREFORE, I, Eduardo Martinez, Mayor of the City of Richmond, California, hereby proclaim our recognition of Juneteenth and honor the invaluable contributions of the African American community in Richmond. ____________________________
Mayor Eduardo Martinez
City of Richmond
June 18, 2024
______________________
Melvin Willis
District 1 Councilmember
City of Richmond
______________________
Doria Robinson
District 3 Councilmember
City of Richmond
801

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June 18, 2024
Police Department
DATE: June 18, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Richmond Police Department’s County Operated Child Interview Center (CIC) Services.

FINANCIAL IMPACT: The estimated upcoming expenditure of $15,000 will come from the Police Department’s approved budget for
Fiscal Year 2023-2024 and will be budgeted
appropriately in upcoming budget submissions (1191021-
400201).

Prior years’ expenses under the proposed contract have
accrued and were previously appropriated.

PREVIOUS COUNCIL
ACTION:
10/04/2022 – Council approved the original version of the contract with Contra Costa County for the Child Interview Center.

STATEMENT OF THE
ISSUE:

The Richmond Police Department has used the Child
Interview Center for many years. However, due to staff
changes at the Child Interview Center, Contra Costa
County requested changes to the City’s standard contract after the City Council approved the original submission in 2022.

RECOMMENDED ACTION: APPROVE the sole-source contract with Contra Costa County on behalf of its Employment and Human Services
Department for the contract term July 1, 2021, to June
30, 2026, in an amount not to exceed $75,000 – Police
Department (Chief Bisa French 510-621-1802).

AGENDA
REPORT
802

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June 18, 2024
DISCUSSION:

Since 1996, the Children’s Interview Center (CIC) has worked in partnership with Law Enforcement, the District Attorney’s Office, Children and Family Services, Contra Costa County (County) Mental Health, and other community agencies as part of a county-wide Multi-Disciplinary Team (MDT). Working collaboratively, the MDT and the CIC respond primarily to allegations of child sexual abuse but also to allegations of child physical abuse or witnesses to other traumatic events.

The primary goal of the CIC is to support effective criminal investigations of child abuse by providing standardized forensic interviews to hold abuse perpetrators accountable while minimizing duplicative interviews and further trauma to children and families. To reduce trauma, children are interviewed by a specially trained professional in a supportive setting. The CIC is a safe and child/teen-friendly environment where children ages 2 – 17, as well as developmentally delayed people of any age, can disclose what happened in a safe and comfortable setting and begin their healing. In certain circumstances, the County’s specially trained facility dog may be present with the child during the interview to comfort the child.

All law enforcement agencies in the County use the CIC. The County Employment and Human Services Department acts as a fiduciary and oversees its services.

The sole source five-year contract was approved by Council on October 4, 2022.

However, after the documents were submitted for signature by the County, the County’s legal counsel requested changes to the City’s standard contract, which requires Police Department staff to resubmit for approval.

Since October 4, 2022, Police Department staff has conferred with the City’s legal team several times to ensure the standard contract revisions can be made. Still, it has taken a long time for both sides to agree to the changes and acceptable revisions and, most notably, for the County’s Board of Supervisors to approve the final version of the standard contract (approved on March 19, 2024).

The annual invoices previously received have been accrued for in prior years; once Richmond City Council approves the contract, Police Department staff can move forward with the internal contract and purchase order processes to pay the invoices.

Police Department staff requests final approval of the revised sole source five-year contract for services provided at the county-operated Child Interview Center. Exhibit E (Attachment 1) notes the changes in the contract's special conditions section. 803

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June 18, 2024
DOCUMENTS ATTACHED:

Attachment 1 – Contract
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824

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June 18, 2024
Police Department
DATE: June 18, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Sole Source Contract with Chaplin & Hill Investigative Services LLC.

FINANCIAL IMPACT: This estimated first year expenditure of $25,000 will come from the Police Departments proposed Fiscal Year
2024 – 2025 budget, and the remaining contract years
will be budgeted for appropriately (01191021-400201).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

A services agreement with Chaplin & Hill Investigative
Services LLC is needed to investigate administrative
investigations into police misconduct, which will include high profile use of force incidents.

RECOMMENDED ACTION: APPROVE a sole source contract with Chaplin & Hill Investigative Services LLC, for an amount not to exceed $50,000, for the term June 19, 2024, to June 30, 2027 – Police Department (Chief Bisa French 510-621-1802).

DISCUSSION:

The Police Department is requesting an immediate service agreement with Chaplin & Hill Investigative Services LLC, to provide investigative services for administrative investigations into police misconduct and use of force cases. Chaplin & Hill Investigative Services LLC have investigators that are trusted subject matter experts and former Chiefs of Police with 55 years of combined experience from local police agencies.

AGENDA
REPORT
825

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June 18, 2024
Chaplin & Hill Investigative Services possess a deep understanding of the Peace Officers Bill of Rights and the requirements of an administrative investigation. Chaplin & Hill Investigative Services LLC possess the necessary expertise, experience, and credibility to produce a work product with usable findings related to the Richmond Police Department’s (RPD) policies and procedures.

While there are other law firms and investigative agencies capable of similar work, they cannot deliver the specific work product needed. Richmond Police staffs’ past experiences with these alternatives have been unsatisfactory. In every case that Richmond Police staff outsourced, the resulting work product took an extended period (6-12 months) to produce, was not readily usable, and lacked an analysis of how RPD policies applied to the facts. These reports also failed to provide findings related to RPD policies, necessitating extensive time to review evidence from our own analyses, necessitating a second investigation and additional, duplicated, costs.

Investigators at Chaplin & Hill Investigative Services LLC, possess a deep understanding of the nuances of the Peace Officers Bill of Rights, particularly as it pertains to Police Officer Association Elected Board members. They stand alone in possessing the necessary expertise, experience, and credibility to produce a work product with usable findings related to RPD policies. This will enable an expedited review process, allowing RPD to take immediate action if necessary within the 4-week time frame required to meet employment law obligations. Failure to complete these types of investigations promptly could result in the inability of RPD taking immediate action that could result in significant loss of an employee’s liberty.

RPD currently has an open investigation of a high-profile use of force case that is being investigated by Chaplin & Hill Investigative Services LLC, and while a short form contract was initiated and started, the amount of work required to complete the initial case, and/or any future cases, will fully exhaust the funds originally set aside by the short form contract.

The rates for Chaplin & Hill Investigative Services LLC starting on July 1, 2024 will be $225 per hour ($200 per hour prior to then), plus any associated expenses incurred as a result of the investigation.

The Police Department is requesting that the City enter into a standard contract with Chaplin & Hill Investigative Services LLC, for a total contract amount of $50,000, for a contract term of June 19, 2024 to June 30, 2027.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
826

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

By:

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

By:

By: Title:

City Attorney
Date Signed:

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
828
For the Contract between the City of
Richmond and

EXHIBIT A

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

Police Department
829
For the Contract between the City of
Richmond and

EXHIBIT B

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 830
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

City of Richmond
Richmond, CA 94804-0046

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

831
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 832
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 833
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 834
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

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

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 835
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 837
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 838
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 839
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 840
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 842
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

39. Performance and Final Acceptance.

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

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 843
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 844
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
845
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
846
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
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.

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

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

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.

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.
847
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $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.

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

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.

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. 848
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

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.

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.

1. SCOPE OF INVESTIGATION / CONSULTING SERVICES:

Chaplin and Hill Investigative Services (C&HIS) is being retained to perform the following:
o Conduct investigative work in the form of, but not limited to:
 Interview witnesses, subjects and complainants
 Review documentary evidence in the form of:
• Reports
• Correspondence, including emails, text messages, and related • Video/audio recordings, body worn cameras, surveillance footage, other digital media
 Other material related to the investigation
o Generate reports related to the investigation
 Introduction
 Witness and Subject Interviews
 Summary of the investigation
 Findings – If requested
 Notice of IA – If requested
 Notice of intent to discipline – if requested
 Required notifications
 Letter of Reprimand and Document Counseling memos – If requested o Timekeeping and breakdown of invoice for use with I.A. case costs tracking o Conduct audits, evaluations, and/or general consultation (if applicable) o C&HIS agrees to provide routine updates as to the progress of the case.

2. STANDARD INVESTIGATION AND CONSULTING RATE SCHEDULE:

Hourly Investigation Rate: $200.00 per hour through June 30, 2024, and then $225.00 thereafter, plus any associated expenses incurred as a result of the investigation.

Consulting Rate and Expert Witness Fee: Per C&HIS-Client agreement.

CHARGING STRUCTURE:
a. C&HIS charges for our time in minimum units of .25 (15 minutes) of one hour. Travel and report preparation are considered investigative time and will be billed accordingly. b. C&HIS charges all expenses and costs incurred as the result of and during the investigation, including, but not limited to expenses incurred, such as interviews, in person meetings, virtual meetings, telephone calls, records and documentary evidence collection and review, investigative research, report generation, and digital evidence collection and review. c. Supplemental incurred expenses and costs are invoiced at actual cost to C&HIS; for example: transcription, printing, parking, tolls, rental vehicles, props and/or special equipment rental.
d. All costs and expenses related to transportation, lodging, meals, and other travel related expenses are based on the current CA Dept. of General Services rate in effect at the time of this Agreement.
https://www.gsa.gov/about-us/newsroom/news-releases/fy2021-perdiemrates- for-federal-travelers-released-08142020
e. C&HIS does not charge Clients for initial consultations or to answer questions regarding their bills. If you have a question regarding your bill, please contact us as soon as practical. f. Testimony (hearings, trials, depositions, special appearances) is invoiced as a full-day

EXHIBIT G

CITY OF RICHMOND

SCOPE AND PRICING STRUCTURE
850
activity at the cost of $1,600.00 per required investigator regardless of the length of the testimony or time spent in court.

EXHIBIT G

CITY OF RICHMOND

SCOPE AND PRICING STRUCTURE
851
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.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT H

Page 1 of 2 ends

June 18, 2014
Public Works
DATE: June 18, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Tawfic Halaby, Deputy Director of Public Works
Carl Capistrano, Facilities Maintenance Superintendent
Subject: Approve a Contract with Lorbel Inc. for Generator Inspections, Testing and Maintenance of all City
Emergency Generators
FINANCIAL IMPACT: Expenditures will be funded through approved fiscal years 2024 - 2027 Facilities Maintenance Operating
Budget (01232231-400524).

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

City staff is seeking approval for a contract with Lorbel Inc. to inspect, test, and repair all City emergency
generators.

RECOMMENDED ACTION: ADOPT a resolution to award a contract with Lorbel Inc. for inspections, testing and repair services of all
emergency generators for all City of Richmond Facilities for a period of three years for total contract amount not to exceed $150,000, with two, one-year options to renew for $40,000 per year - Public Works Department (Daniel
Chavarria 510-620-5478/Tawfic Halaby 510-620-
5482/Carl Capistrano 510-620-6896).

AGENDA
REPORT
853

Page 2 of 2 ends

June 18, 2014
DISCUSSION:

The City requires annual testing and inspections of its generators to ensure compliance with the Bay Area Air Quality Management District (BAAQMD), the Environmental Protection Agency (EPA), and the State of California and to ensure efficient operation in an emergency.

City staff posted a request for proposals (RFPs) to the City’s public bidding system, BidsOnLine, on October 3, 2023. Sixteen prospective bidders (attached) downloaded the information.

On October 30, 2023, Lorbel Inc. was the only responsive bidder. The bid was reviewed by Public Works staff members, and it was determined that Lorbel Inc. is extremely qualified for the services requested.

City staff members request City Council approval of a three-year standing contract with Lorbel Inc., with a total contract amount not exceeding $150,000, and two one-year options to renew for $40,000 per year.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Resolution
Attachment 3 – BidsOnline Prospective Bidders
Attachment 4 – Canvass of Bids
854
855

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:

Title:

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

By:

City Clerk
Approved as to form:

By:

City Attorney
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
By: Oma Nguyen
Title: Sales Representative
Date Signed:
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
By:

Title:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
856
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
857
Lorbel Inc.
88 S. 3rd St. #160
San Jose, CA 95113
Office: 800-946-1634 | Fax: 951-840-2316
Electrical Contractor License: 1001575
88 S. 3rd St. #160 | San Jose, CA 95113 | Office: 800-946-1634 | Fax: 951-840-2316 October 27, 2023
To: Public Works Department Proposal #: Proposal 1st Revision Company: City of Richmond Validity: 90 Days from date of this proposal Phone: N/A Type: Critical Power Solutions
Email: [email protected]
d.ca.us
Project: Emergency Generator Inspection &
Repairs
Prepared By: Oma Nguyen Payment Terms: Net 30
Phone: 909-581-4841
Email: [email protected]
Lorbel Inc. is pleased to provide The City of Richmond with our Proposal 1 st Revision for your review and
consideration. This proposal is based on the project information provided and based on interpretation and understanding of the requirements for this project. The following scope of work will include an Annual Service Proposal for Multiple Generator equipment. The Generator Service Pricing is for the generator located at ground level, and within 25 feet of the designated parking spot for the service vehicle. *Load Bank Test to be completed during the same visit as the Annual Service. Pricing has been provided based on the exact equipment information that has been provided, any equipment featuring different information will feature pricing that reflects the exact size, location, and position of the generator.

Proposal 2023-2025
Item Qty Description
1 1 City Hall Civic Center
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS inspection
- 510KW Kohler Generator
*See SOW List Below *
Item Qty Description
2 1 Emergency Operations Center
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 100KW John Deere
*See SOW List Below *
Item Qty Description
3 1 Fire Station 61
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 10KW Rating Provided
*See SOW List Below *
(2023): $4,296.50
(2024): $4,512.30
(2025): $4,739.80
(2023): $2,457.00
(2024): $2,583.10
(2025): $2,711.80
(2023): $1,960.50
(2024): $2,069.60
(2025): $2,177.50
858
Lorbel Inc.
88 S. 3rd St. #160
San Jose, CA 95113
Office: 800-946-1634 | Fax: 951-840-2316
Electrical Contractor License: 1001575
88 S. 3rd St. #160 | San Jose, CA 95113 | Office: 800-946-1634 | Fax: 951-840-2316 Item Qty Description
4 1 Fire Station 62
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 10KW Rating Provided
*See SOW List Below *
Item Qty Description
5 1 Fire Station 63
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 10KW Rating Provided
*See SOW List Below *
Item Qty Description
6 1 Fire Station 64
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 10KW Rating Provided
*See SOW List Below *
Item Qty Description
7 1 Fire Station 64
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 10KW Rating Provided
*See SOW List Below *
Item Qty Description
8 1 Fire Station 66
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 10KW Rating Provided
*See SOW List Below *
Item Qty Description
9 1 Fire Station 67
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 10KW Rating Provided
*See SOW List Below *
(2023): $1,960.50
(2024): $2,069.60
(2025): $2,177.50
(2023): $1,960.50
(2024): $2,069.60
(2025): $2,177.50
(2023): $1,960.50
(2024): $2,069.60
(2025): $2,177.50
(2023): $1,960.50
(2024): $2,069.60
(2025): $2,177.50
(2023): $1,960.50
(2024): $2,069.60
(2025): $2,177.50
(2023): $1,960.50
(2024): $2,069.60
(2025): $2,177.50
859
Lorbel Inc.
88 S. 3rd St. #160
San Jose, CA 95113
Office: 800-946-1634 | Fax: 951-840-2316
Electrical Contractor License: 1001575
88 S. 3rd St. #160 | San Jose, CA 95113 | Office: 800-946-1634 | Fax: 951-840-2316 Item Qty Description
10 1 Fire Station 68
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 10KW Rating Provided
*See SOW List Below *
Item Qty Description
11 1 Community Service Center (CSC)
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 164KW John Deere
*See SOW List Below *
Item Qty Description
12 1 Hall of Justice / DiCom Bldg.

Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 240KW Cummins Generator
*See SOW List Below *
Item Qty Description
13 1 Nichol Knob
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 50KW Kohler Generator
*See SOW List Below *
Item Qty Description
14 1 Corporation Yard
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 10KW Rating Provided
*See SOW List Below *
Item Qty Description
15 1 Richmond Municipal Library
Annual Generator Service Includes:
- 2 Hour Load Bank Test
- Visual ATS Inspection
- 50KW Generac Generator
*See SOW List Below *
(2023): $1,960.50
(2024): $2,069.60
(2025): $2,177.50
(2023): $2,782.00
(2024): $2,925.00
(2025): $3,073.20
(2023): $3,139.50
(2024): $3,302.00
(2025): $3,472.30
(2023): $2,359.50
(2024): $2,477.80
(2025): $2,606.50
(2023): $1,969.50
(2024): $2,069.60
(2025): $2,177.50
(2023): $2,359.50
(2024): $2,477.80
(2025): $2,606.50
(2023 Total): $32,760.00
(2024 Total): $34,426.60
(2025 Total): $36,201.10
860
Lorbel Inc.
88 S. 3rd St. #160
San Jose, CA 95113
Office: 800-946-1634 | Fax: 951-840-2316
Electrical Contractor License: 1001575
88 S. 3rd St. #160 | San Jose, CA 95113 | Office: 800-946-1634 | Fax: 951-840-2316 GENERATOR MAINTENANCE REPAIR SERVICES (ANNUAL AGREEMENT) Scope of Work :

1. Lorbel warranties parts and service for 90 days from date of purchase to be free from defects in workmanship under normal use and service. Lorbel obligation under this warranty is limited to repair or replacement at Lorbel’s option of any parts damaged due to faulty workmanship. Lorbel shall in no event be liable for failures resulting from owner or operator abuse or neglect such as but not limited to operation without adequate fluids, over fueling, over speeding, lack of maintenance, improper storage, starting, warm-up, run-in, or shutdown practices.

Lorbel shall in no event be liable for towing charges, maintenance items, communications expenses, overtime expenses, and cargo expenses and all business costs and losses of revenue resulting from a warrantable failure.

2. Lorbel shall advise the COMPANY of any changes made to equipment.

3. Lorbel, at its own expense, shall obtain and maintain in full force and affects the following insurance with sound and reputable insurers during the term of this agreement. -Worker’s Compensation insurance in accordance with the statutory requirements of the state of California:
-Automobile Liability insurance on all motor vehicles for highway use, both owned and non-owned and, -Comprehensive Liability insurance for bodily injury and property damage.

4. Customer will be responsible for any additional premiums that occur due to requests for special endorsements or

5. forms that are not a part of Lorbel ‘s standard insurance policy.

6. The customer will be responsible for any additional premiums that occur due to requests for special endorsements or forms that are not a part of Lorbel’s standard insurance policy.

7. Neither COMPANY nor Lorbel may assign this agreement or any of its rights hereunder or delegate any of its duties hereunder without prior written consent of the other.

8. Service and hourly rates are reviewed and potentially increased at the end of each calendar year based on CPI Index cost of living.

9. Load Bank pricing is for a one-to-two-hour load bank during normal business hours at the time of inspection/service only, unless otherwise noted. If the generator experienced failure during load bank testing additional charges to return later and complete load bank will apply. To perform any Load Bank Test. An appropriate breaker must be affixed to the generator for energy isolation and surge protection of the equipment as well as the safety for all personnel. If a generator set does not have an appropriate breaker, then the load bank test will not be completed. Quotes can be provided for additions of breakers. Lorbel will not be responsible for damaged equipment.

10. Lorbel is not responsible for parts delay, additional cost for delay in parts for repair is at customer’s expense.

Material cost increases incurred during contract period of more than 3% will be added to the cost of the project Quotes are good for 30 days Customer acknowledges and agrees that they have been advised as follows:
- Lorbel may not be able to get parts for their generator. - This could be due to age or availability.
- Any attempt to have a part rebuilt/refurbished is at the sole cost and discretion of the customer. - To get an older/obsolete/unavailable part refurbished, Lorbel may utilize un-vetted vendors. Normal warranty does not apply.
- Customer is liable for all labor time spent regardless of outcome. - Additional charges may be incurred in some circumstances for proprietary software requiring OEM support.
- Rental generator charges are not included in any repair quote unless specified. - Rental charges are quotes at T & M and the rental period could extend based on availability of parts. - Assuming generators are at ground floor and reasonable access for a service truck within 25’ of the generator.
861
Lorbel Inc.
88 S. 3rd St. #160
San Jose, CA 95113
Office: 800-946-1634 | Fax: 951-840-2316
Electrical Contractor License: 1001575
88 S. 3rd St. #160 | San Jose, CA 95113 | Office: 800-946-1634 | Fax: 951-840-2316 PLEASE NOTE:
• Credit is subject to Lorbel Critical Power Services approval in its sole discretion. This quote in no way constitutes approval of credit.
• Lorbel Critical Power Services terms and conditions apply. • The Terms and conditions of this quotation govern over any conflict between this quotation and customer’s purchase order or other document, made either prior or subsequent to this quotation.

PRICING SUMMARY Dollar Amount
TOTAL PRICE FOR ITEMS 1 – 14 (3 Years): 2023 Total:
$32,760.00
2024 Total:
$34,426.60
2025 Total:
$36,201.10
Freight to job site - Estimated: N/A
Sales Tax - Estimated: N/A
Freight is FOB shipping point, prepaid and invoiced upon completion of the project. Not included in Total Price Prices are firm for 60 Days from the date of this quotation Estimated equipment lead time is 1 Weeks ARO from receipt of approved order or receipt of approved submittal, if required.
862
Lorbel Inc.
88 S. 3rd St. #160
San Jose, CA 95113
Office: 800-946-1634 | Fax: 951-840-2316
Electrical Contractor License: 1001575
88 S. 3rd St. #160 | San Jose, CA 95113 | Office: 800-946-1634 | Fax: 951-840-2316 Terms & Conditions
Service Agreement, Time & Materials
Service Agreement: Unless covered by an existing Lorbel maintenance agreement, Lorbel agrees to service the Equipment listed under “EQUIPMENT INFORMATION” per the Terms and Conditions set forth below (the “Agreement”).

Service: Lorbel shall, in accordance with services purchased and in accordance with generally accepted professional practices, furnish all necessary service, parts and materials to maintain/restore the Equipment to good working condition and repair. All Lorbel supplied parts, replaced by Lorbel , shall comply with the equipment manufacturers published standards and/or specifications. Lorbel disclaims all warranties and guarantees, express or implied. See “LIMITATION ON EQUIPMENT AND SERVICES COVERED BY THIS AGREEMENT” below. The parties agree that this is a contract for services and is not subject to any Uniform Commercial Code. Similarly, Lorbel will not accept those terms and conditions offered by the Owner in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed to in writing. Written acknowledgment of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. Customer hereby grants Lorbel full and reasonable access to the Service Location at which the Equipment is located for the performance of these services. Lorbel shall not be liable for damages to the equipment if Customer authorizes service, operation, and/or modification of said equipment by another party whereby it results in a shutdown, removal or alteration of the equipment by the other party. In the event of such an occurrence, Lorbel will invoice separate of this Agreement for costs incurred to return the equipment to industry standards, in accordance with Lorbel ’s then current time and materials rates, and Lorbel shall not be liable for future damages arising from the services performed by Customer-authorized third party. --Charges Apply to any Scheduled Service Cancellations--
Service Dates: Preventive Maintenance (PM) will be tentatively scheduled upon contract start date. The first PM (Major) shall be completed during the first month of the contract. Any additional PM’s (i.e. Minor) shall be completed during the sixth month of the contract. Failure to acknowledge the maintenance schedule will render the customer non-responsive; therefore, forfeiting Preventive Maintenance Service(s).

Discontinuance of Parts: For those systems deemed obsolete by the manufacturer (systems typically greater than 15 years of age), Lorbel will continue to source replacement parts to the best of its ability. Should replacement parts for these obsolete systems not be available, Lorbel will notify customer of such and shall be owed for any service work and /or expenses performed/provided to that point.

Termination of Agreement: Lorbel shall have the right to terminate this Agreement at any time and for any reason. Customer has the right to cancel this contract with a 30 day written notice. In the event of a cancellation, Lorbel will invoice customer for all worked performed prior to agreement cancellation, a cancellation penalty, any costs associated with special order items, and/or a 20% parts re-stocking fee, as applicable.

Limitation on Equipment and Services Covered by this Agreement: This Agreement, and Lorbel ’s obligations hereunder, covers only the equipment listed in the “EQUIPMENT INFORMATION” section. Any equipment not listed may be serviced by Lorbel r at the Customers request, or if deemed necessary by Lorbel , but all such work shall be billed to Customer at Lorbel ’s standard prevailing rates for such labor and materials, and Customer agrees to pay all such charges pursuant to the terms of this Agreement. This Agreement does not cover damages caused by misuse, negligence, accident, theft or unexplained loss, abuse, fire, flood, wind, lightning or other electrical surge, tornado, sandstorm, hail, explosion, earthquake, smoke, vandalism, terrorism, acts of God or public enemy, or improper wiring, installation, repair or alteration by anyone other than Lorbel. Misuse shall apply whereby the equipment is operated in a condition extending outside of the equipment manufacturers recommended operating conditions or specifications, or exceeds the equipment’s original design limits. Examples include, but are not limited to, phase-imbalance conditions (more than 20%). Repairs required by any of the above excepted causes will be made by Lorbel at the standard prevailing rates for the necessary labor and materials shall be billed to the Customer, and Customer agrees to pay all such changes pursuant to the terms of this Agreement. Lorbel shall not liable for any repairs, materials or labor in excess of the contract amount herein. This Agreement does not cover any pre-existing damaged parts or labor deemed necessary by Lorbel prior to the initial service inspection by Lorbel . Any parts and/or labor coverage deemed necessary will not go into effect until after said corrections are made by Customer.

Insurance: Lorbel maintains insurance coverage and limits as it deems necessary. Upon Owners request, Lorbel (a) shall provide Owner with a Certificate of Liability Insurance, and (b) shall provide Owner with thirty (30) days advance notice of any cancellation or material change in coverage. If the Owner requires coverage or limits in addition to those in effect as of the date of the agreement, premiums for additional insurance shall be paid by the Owner.

Limitation/Disclaimer of Liability: Lorbel shall not be liable for any direct, indirect, incidental, special, or consequential damages, loss, or expense (including, but not limited to loss of use, revenue, data, or profit), directly or indirectly arising from the customers use of, or inability to use, the Equipment either separately or in combination with other equipment, or for personal injury or loss or destruction of other property, or from any other cause. Customer will pay any Municipal, County, State or Federal sales, excise or other taxes which may be levied upon the service or materials provided pursuant to this Agreement. Customer shall indemnify Lorbel against and hold Lorbel harmless from any and all claims, actions, suits, proceeds, costs, expenses, damages and liabilities, including attorney’s fees, claimed by any person, organization, association, or otherwise arising out of, or relating to the Equipment, use, possession, operation and/or condition, thereof, arising out of any event on or after the date of this Agreement.

Governing Law and Venue: This Agreement shall be governed by, and construed in accordance, with the law of the State of California, and the venue of any court action initiated pursuant to this Agreement shall be the Orange County Superior Court, California.

Legal Costs: In any legal proceedings instituted by Lorbel for the enforcement of the terms and provisions of this Agreement where Lorbel is the prevailing party, Lorbel shall be reimbursed by Customer for all of its reasonable costs, expenses and attorneys’ fees.

Partial Invalidity: The terms and provisions of this Agreement shall be deemed separable. If any term or provision of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to person(s) or circumstance(s) other than those as to which it is invalid or unenforceable, shall not be affected thereby. Each term and provision of this Agreement shall be enforceable to the fullest extent permitted by law.

Entire Agreement: THE TERMS OF THIS AGREEMENT REPRESENT THE COMPLETE AND ENTIRE AGREEMENT BETWEEN Lorbel AND CUSTOMER REGARDING THE MATTERS DESCRIBED HEREIN. NO VERBAL REPRESENTATION OF ANY SALESPERSON, AGENT, OFFICER, OR EMPLOYEE OF Lorbel SHALL OPERATE TO VARY THE WRITTEN TERMS HEREOF.

ANY ALTERATIONS OR MODIFICATIONS MUST BE IN WRITING, REFERENCE THIS AGREEMENT, AND BE SIGNED BY BOTH PARTIES.

Waiver: A waiver of the strict performance of any term of this Agreement by Lorbel shall not be deemed waiver of any other provision of this Agreement Agree with terms and conditions: Initial Here:
863
Lorbel Inc.
88 S. 3rd St. #160
San Jose, CA 95113
Office: 800-946-1634 | Fax: 951-840-2316
Electrical Contractor License: 1001575
88 S. 3rd St. #160 | San Jose, CA 95113 | Office: 800-946-1634 | Fax: 951-840-2316 Purchase Approval Form
Acceptance of Terms: By submitting a purchase order or accepting a price quotation of Lorbel Inc. (“Lorbel”) for the products or services described therein, Customer accepts and is bound to these standard terms and conditions. No additional or differing terms or conditions proposed or delivered by Customer, whether proposed or delivered verbally, through writing, electronic communication, facsimile, or any other means, shall retroactively alter Lorbel’s price quotation, service agreement or these terms and conditions in any way. This Agreement, including all of its terms and conditions, may only be amended in a writing signed by both parties.

Payment Terms: Payment terms are 50% Down, 50% Due Upon Completion at NET 30 Days (On Approved Credit) from the date of completion invoice, unless otherwise noted.

Additional charges apply for invoices billed with extended payment terms. Late payments shall be subject to a late payment charge of 1.5% per month (18% per year) on any outstanding and delinquent balance.

Purchase Orders: Notwithstanding terms and conditions contained in the Customers purchase order, the terms and conditions of this Agreement shall prevail.

Credit Card Payment: Payments with Credit Card (Visa, Mastercard, AMEX, Etc.) will be charged an additional 3.1%, if $5,000.00 and above.

Acknowledgment: By signing this form, customer authorizes work to be performed, commits to payment for said work, and accepts the Terms & Conditions set forth herein.

Please make purchase orders payable to:

Lorbel Inc.
9400 7th Street, Suite C2
Rancho Cucamonga, CA 91730
Company Name: Service Company: LORBEL INC.

Prepared By: Oma Nguyen
Print Name: Quote ID: Proposal 1st Revision
Signature: Date: 10/27/23
Title: Email: [email protected]
Phone: Phone: 909-581-4841
Purchase Order: website: www.lorbel.com
Additional Service Offerings: UPS
Battery Upgrades and Replacements
Equipment operational training
New Equipment Sales
Full Capacitor Upgrade
Load Bank Testing
Start-Ups
Spare Parts
Emergency Repairs
Additional Service Offerings: Generator
Generator Preventative Maintenance
Automatic Transfer Switch Service and Testing
Load Bank Testing
Diesel Fuel Polishing
Diesel Fuel Sample
Additional Service Offerings: HVAC
Full Service Contracts
Repairs
Standard Preventative Maintenance
864
Lorbel Inc.
88 S. 3rd St. #160
San Jose, CA 95113
Office: 800-946-1634 | Fax: 951-840-2316
Electrical Contractor License: 1001575
88 S. 3rd St. #160 | San Jose, CA 95113 | Office: 800-946-1634 | Fax: 951-840-2316 Financial Status
City of Richmond
Public Works Department
Brief Description of our Financial Status October 27, 2023, 2023
To whom it may concern,
Lorbel Inc Financial Status is in good standing. We have never had to file for bankruptcy nor had any discrepancy towards our banking history. We have been customers of Wells Fargo Falcon Ridge Branch, 15282 Summit Ave, Fontana, CA 92336 since 2009.

Thank you for your time,
Oma Nguyen
Account Assistant
Lorbel Inc.
865
Lorbel Inc.
88 S. 3rd St. #160
San Jose, CA 95113
Office: 800-946-1634 | Fax: 951-840-2316
Electrical Contractor License: 1001575
88 S. 3rd St. #160 | San Jose, CA 95113 | Office: 800-946-1634 | Fax: 951-840-2316 Present Workload Capacity
City of Richmond
Public Works Department
Brief Description of Present Workload Capacity October 27, 2023 To whom it may concern,
Lorbel has provided the highest level of Mission Critical Support and quality products for over 20 years. We specialize in UPS (Uninterruptable Power Supply)-New and Refurbish equipment, PDU (Power Distribution Units), VRLA Batteries, HVAC, Lighting Inverters, and Maintenance service plans. With a 24/7 emergency hotline available to all, we can assist our customers with any questions or concerns. If a technician is required onsite, based on our contract agreement, we can have the tech arrive within 4- 6 hours or 24 hours, depending on the service agreement arrangement. Lorbel Technicians receive weekly safety training to provide them with any information to keep them safe while working. Our technicians are given a checklist to go through before and during the service appointment to ensure awareness of the type of job being performed and ensure all safety gear and tools needed are prepped and secure for the day's work. We have our Account administrators monitor the equipment Maintenance history based on the information. Our Account Admins will arrange to schedule the Technician visit with the respective representative from the City of Richmond and our technicians are always in close communication with our office, and we strive to ensure that everything performed on-site is recorded and preparations are made for any parts that may need to be replaced. The importance of upkeep to critical power is vital and we guarantee detailed services to ensure that your business is secure and runs smoothly. Lorbel is prepared to ensure that you and your company are covered by an uninterrupted power supply in case of any blackouts or brownouts. We make it our jobs to never leave you in the dark.

Thank you for your time,
Oma Nguyen
Account Assistant
Lorbel Inc.
866
For the Contract between the City of
Richmond and

EXHIBIT B

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 867
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

City of Richmond
Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
868
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 869
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 870
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 871
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

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

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 872
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 874
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 875
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 876
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 877
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 879
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

39. Performance and Final Acceptance.

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

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 880
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 881
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
882
For the Contract between the City of
Richmond and

EXHIBIT F

Page 1 of 2 ends

RESOLUTION NO. ____

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

GENERATOR TESTING FOR CITY OF RICHMOND FACILITIES FOR A THREE-YEAR PERIOD FROM JULY 1, 2024, THROUGH JUNE 30, 2027, IN AN AMOUNT NOT EXCEED $150,000 WITH TWO (2) ONE-YEAR OPTIONS TO RENEW IN THE AMOUNT OF $40,000 PER YEAR.

WHEREAS, the Public Works Department maintains several facilities that have backup emergency generators that operate on an as-needed basis; and WHEREAS, on October 03, 2023, the Public Works Department posted a request for proposal (RFQ) to the City of Richmond’s public bidding system, BidsOnLine; and WHEREAS, sixteen (16) prospective bidders downloaded the information from BidsOnLine; and
WHEREAS, on October 30, 2023, only one bidder submitted a bid to BidsOnLine; and WHEREAS, the sole bid that submitted was Lorbel, Inc.; and WHEREAS, the bid submitted by Lorbel, Inc. was evaluated by the following City Staff: Carl Capistrano (Public Works Superintendent), Will Santana (Facilities Supervisor), Cornell Hughes (Electrical Supervisor); and
WHEREAS, in evaluating proposals, the panel considered five criteria:

1. Experience/Past Performance

2. References

3. Qualification

4. Organization

5. Compliance with City of Richmond’s Local Ordinance, Local Employment Program and Living Wage Ordinance. Ban the Box Ordinance; and WHEREAS, the panel accepted the qualifications of Lorbel, Inc. for the next three (3) years with two (2) one year extension options; and
WHEREAS, the contract with Lorbel, Inc. would be for an amount not-to-exceed $150,000 for a three-year period (July 1, 2024 – June 30, 2027); and WHEREAS, the City would have the option to issue two (2) one-year extensions to Lorbel, Inc. in the amount of $40,000 per year.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby authorizes the Public Works Department to enter into a Service Contracts Oncall testing services with Lorbel, Inc. for the testing of the City’s emergency generators in amount not to exceed $150,000 over the three-year period July 1, 2024, through June 30, 2027.

BE IT FURTHER RESOLVED that the City Council of the City of Richmond authorizes the Public Works Department the option to issue two (2) one-year extensions to Lorbel, Inc. if the performance is deemed satisfactory by the Director of Public Works in an amount not to exceed $40,000 per year.
******************
888
Reso. No.

Page 2 of 2 ends

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on June 18, 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.

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 June 18, 2024.

Pamela Christian
Clerk of the City of Richmond
889
890
891
892
893
450 Civic Center Plaza, Richmond, California 94804 • Office 510-620-6594 • Fax 510-307-8195

CANVASS OF BIDS
Water Resource Recovery Department
Date: November 1, 2023
Project: RFP Emergency Generator Testing Services
Engineer’s
Estimate: >$150,000
No of Bids
Received: 1
No. Name of Bidder (City) Total Bid Amount Apparent
Ranking
1 Lorbel, Inc. (San Jose) $103,387.70 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
894

Page 1 of 3 ends

June 18, 2024
Public Works
DATE: June 18, 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
Subject: Adoption of Amendments to the Joint Exercise of Powers Agreement for the West Contra Costa Transportation
Advisory Committee (WCCTAC) and Authorization for the
City Manager to Execute Necessary Documents.

FINANCIAL IMPACT: The proposed amendments to the funding formula for West Contra Costa Transportation Advisory Committee
(WCCTAC) may alter the City's annual financial
contributions. However, approving the resolution to
amend the JPA will not result in immediate financial
impacts. The City will review the revised formula to
ensure that any future financial contributions align with Richmond’s interests in regional transportation projects and initiatives.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Joint Exercise of Powers Agreement governing the
West Contra Costa Transportation Advisory Committee
(WCCTAC) requires updates to address evolving
transportation challenges and opportunities within West Contra Costa County. The current agreement, last
amended in 2003, does not fully reflect the modern
transportation landscape or the needs of the region,
including the City of Richmond. Amendments are
proposed to update the objectives, governance, and
funding mechanisms of WCCTAC, enabling more
AGENDA
REPORT
895

Page 2 of 3 ends

June 18, 2024
effective regional transportation planning and
collaboration. City Council approval is essential to
implement these necessary changes and ensure
Richmond's active participation in regional transportation initiatives.

RECOMMENDED ACTION: APPROVE a resolution to approve the amendments to the Joint Exercise of Powers Agreement (JPA) for the
West Contra Costa Transportation Advisory Committee
(WCCTAC) and authorize the City Manager to execute
any necessary documents pursuant to the approval of the JPA amendments – Public Works (Daniel Chavarria 510-
620-5478 / Robert Armijo 510-620-5477).

DISCUSSION:

The West Contra Costa Transportation Advisory Committee (WCCTAC) was formed to address transportation issues in West Contra Costa County, including the cities of El Cerrito, Hercules, Pinole, Richmond, and San Pablo, as well as Contra Costa County, AC Transit, BART, and WestCAT. The Committee is a legal entity created to provide a coordinated approach to transportation planning and project implementation in the region, leveraging funding and resources for the benefit of the area.

The WCCTAC Joint Exercise of Powers Agreement (JPA), initially established in 1990 and last amended in 2003, outlines the governance, powers, and funding mechanisms for the Committee. Given the evolving transportation landscape and the need to address contemporary transportation challenges more effectively, an update to the JPA is proposed.

On January 27, 2023, the WCCTAC Board (Board) directed staff to initiate an update to the JPA Agreement. Following this directive, WCCTAC staff returned to the Board on March 24, 2023, recommending that the proposed WCCTAC restated and amended JPA Agreement be transmitted to member agencies and the Contra Costa Transportation Authority (CCTA) for review and comment. During the WCCTAC meeting on July 28, 2023, the Board reviewed the feedback received, which mainly consisted of minor edits and clarifications to reflect current practices. The Board then directed staff to incorporate these comments. Subsequently, on October 27, 2023, the WCCTAC Board authorized the transmittal of a redline draft of the JPA Agreement to member agencies for their approval. On December 5, 2023, WCCTAC’s Executive Director sent a letter to all member agencies, requesting the adoption of the proposed changes to the JPA Agreement.
896

Page 3 of 3 ends

June 18, 2024
The amendments to the JPA include, but are not limited to, the following key aspects:

1. Objective and Commission: Clarification of WCCTAC's objectives to include the development and improvement of transportation demand management programs and transit services, reflecting a broader approach to addressing regional transportation needs.

2. Powers: Refinement of WCCTAC's powers to ensure alignment with current and future transportation initiatives, including the authority to develop and administer sub-regional transportation demand management programs.

3. Funding and Budgeting: Update of the funding formula and budgeting process to ensure fair and equitable contributions from member agencies and alignment with current financial practices.

4. Governance: Modifications to the composition and voting structure of the WCCTAC Board to ensure effective decision-making and representation of member agencies.

Adopting the proposed amendments will enable WCCTAC to address the transportation needs of West Contra Costa County, promoting regional collaboration and leveraging additional funding opportunities more effectively. The updates will also ensure that WCCTAC remains a relevant and effective body in the face of changing transportation policies, technologies, and funding mechanisms.

The proposed amendments to the WCCTAC JPA represent a necessary and timely update to ensure that the committee can continue to serve the transportation needs of West Contra Costa County effectively. Approval of these amendments will strengthen the committee's ability to coordinate transportation planning and project implementation across the region.

City staff recommends that City Council adopt the resolution approving the amendments to the WCCTAC JPA and authorizing the City Manager to execute any necessary documents pursuant to the approval of the JPA amendments.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Proposed Amendments to the WCCTAC JPA
897
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Reso. No.

Page 1 of 4 ends

RESOLUTION NO. ____________

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

APPROVING THE AMENDMENTS TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR

THE WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE (WCCTAC) AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS

PURSUANT TO THE APPROVAL OF THE JPA AMENDMENTS
_______________________________________________________________________________ WHEREAS, the City of Richmond is a member of the West Contra Costa Transportation Advisory Committee (WCCTAC), a joint powers authority established to address regional transportation planning and project implementation within West Contra Costa County; and WHEREAS, the WCCTAC operates under a Joint Exercise of Powers Agreement (JPA) last amended in 2003, which outlines the governance, powers, and funding mechanisms for the Committee; and
WHEREAS, in response to evolving transportation challenges and opportunities, the WCCTAC Board has proposed amendments to the JPA to update its objectives, governance structure, and funding mechanisms to better serve the transportation needs of the region; and WHEREAS, these amendments aim to enhance the effectiveness of WCCTAC in coordinating regional transportation planning, securing funding, and implementing projects that benefit the City of Richmond and the broader West Contra Costa County area; and WHEREAS, the City Council of the City of Richmond recognizes the importance of effective regional transportation planning and collaboration in improving infrastructure, reducing congestion, and enhancing the quality of life for Richmond residents;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond, California, that:

1. The amendments to the Joint Exercise of Powers Agreement for the West Contra Costa Transportation Advisory Committee, as presented and discussed, are hereby approved.

2. The City Manager is authorized to execute any and all documents necessary to effectuate the approval of the JPA amendments and to take any additional actions necessary to implement and comply with the provisions of the amended Agreement.

3. This resolution shall take effect immediately upon its adoption. -----------------------------------
I hereby certify that the foregoing resolution of the Council of the City of Richmond was duly passed and adopted at a meeting thereof held June 18, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:
______________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_________________________
Mayor
898
DocID #19163v1
Reso. No.

Page 2 of 4 ends

Approved as to form:
_________________________
City Attorney
899
Reso. No.

Page 3 of 4 ends

DocID #19163v1
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on June 18, 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.

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 June 18, 2024.

Pamela Christian, Clerk of the City of Richmond
900
Reso. No.

Page 4 of 4 ends

DocID #19163v1
CLERK’S

CERTIFICATE
I, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:

The foregoing resolution is a full, true and correct copy of Resolution No. duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 18
th day of June 2024, of which meeting all the members
of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

Such agenda was further posted, and such meeting was conducted in accordance with and pursuant to Executive Order N-29-20, signed by the Governor of the State of California on March 17, 2020, and Executive Order N-35-20, signed by the Governor of the State of California on March 21, 2020.

I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting.

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: , 2024.

City Clerk of the
City of Richmond
[SEAL]
901

WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE

JOINT EXERCISE OF POWERS AGREEMENT
This restatement and amendment of the West Contra Costa Transportation Advisory Committee (WCCTAC) Joint Exercise of Powers Agreement (Agreement) is entered into on this X 28th day of X January , 2024 2003, by and between the City of El Cerrito, a municipal corporation; the City of Hercules, a municipal corporation; the City of Pinole, a municipal
corporation; the City of Richmond, a municipal corporation and charter city; the City of San Pablo, a municipal corporation; the County of Contra Costa, a political subdivision of the State of California; the Alameda-Contra Costa Transit District (AC Transit), a transit district organized and existing pursuant to the provisions of the California Public Utilities Code; the San Francisco Bay Area Rapid Transit District (BART), a transit district organized and existing pursuant to the provisions of California Public Utilities Code; and the Western Contra Costa County Transit Authority (WestCAT), a joint exercise of powers authority operating pursuant to Government Code Section 6500, et. seq.; and restates in full those provisions of the original Agreement, except as amended herein.

WITNESSETH:

WHEREAS, in November 1988, the voters of Contra Costa County approved Measure "C" which established and funded a
transportation agenda for Contra Costa County; and
WHEREAS, in response to the adoption of Measure "C", the Parties to this Agreement decided to formalize the previously existing West Contra Costa Transportation Advisory Committee as a legal entity created to address transportation issues; and WHEREAS, on January 28, 2003, the WCCTAC Board restated and amended its Joint Exercise of Power Agreement; and
WHEREAS, on November 2, 2004, the voters of Contra Costa County approved Measure “J” which is the successor to Measure C; and
WHEREAS, each of the public Agencies which are a party to this Agreement, hereafter referred to collectively as the "Parties", or individually as an “Agency”, has the power to address transportation issues; and
WHEREAS, each of the Parties to this Agreement believes that a combination of their separate powers and abilities may enable 902
them to more effectively respond to Measure "JC", the successor to Measure “C”, and to address transportation issues; and WHEREAS, each of the Parties to this Agreement propose by this Agreement to exercise their respective common powers jointly for the purpose of responding to the passage of Measure "JC" and addressing existing and future transportation issues; and
WHEREAS, California Government Code Section 6500, et seq. provides that two or more public Agencies by Agreement may jointly exercise any power that any one of the Agencies could exercise separately; and
WHEREAS, the Parties to this Agreement are desirous of
conferring upon a separate legal entity the necessary powers with regard to responding to Measure "JC" and for addressing transportation issues for the benefit of each and all of the Parties.

NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO AGREE AS FOLLOWS:

1. OBJECTIVE AND COMMISSION
The objective of this Joint Exercise of Powers Agreement is to create a city, county, and transit district
transportation agency advisory committee which shall
protect and advance the interests of West Contra Costa
County communities with regard to transportation issues in general and the utilization of Measure "JC" funds in
particular. More specifically, the committee created by this Agreement is commissioned to:
(A) Assist member Agencies with a coordinated and
cooperative implementation of the West Contra Costa
Action Plan Updates 2000;
(B) Participate in the development and implementation of the Countywide Comprehensive Transportation Plan;
(C) Initiate "area specific" and/or "project specific"
transportation studies/plans where appropriate;
(D) Assist member Agencies with Congestion Management
Program compliance requirements;
(E) Develop regional strategies and meet regional
requirements established by Measure "JC";
903
(F) Cooperatively address transportation issues, beyond Measure "JC" requirements, when said issues affect
West Contra Costa County interests;
(G) Assess the transportation needs of the West Contra
Costa County area;
(H) Consider the development of expanded Develop, expand, or improve West Contra Costa County transit services
and Transportation DemandSystems Management (TDSM)
programs;
(I) Advise the Parties on transportation issues;
(J) Coordinate the actions and responses of the Parties with regard to transportation issues;
(K) Formulate transportation policy statements;
(L) Sponsor educational forums, workshops, TSM Coordinatortrainings, and discussions on transportation matters; (M) Develop and administer a West Contra Costa Regional TDSM program to encourage use of alternatives to
single occupant commute travel;
(N) Gather information necessary to carry out the foregoing purposes;
(0) Oversee the Subregional Transportation Migration
Program (STMP).; and
(P) Manage the Richmond Intermodal Station project.

2. DEFINITIONS
Certain words as used in this Agreement shall be defined as follows:
(A) "Agency" shall mean each city, transit district, county or joint exercise of powers authority which is a
signatory to this Agreement.
(B) "Board" or “WCCTAC Board” shall mean the board
constituted herein pursuant to this Agreement to
administer and execute this Agreement.
(C) "Congestion Management Program" shall mean the State mandated program which establishes performance
904
standards and requirements for the transportation
system, creates a process to analyze the impact of land use changes on regional transportation, and creates a
capital improvement program to maintain the regional
transportation system.
(D) "Countywide Comprehensive Transportation Plan (CCTP)" shall mean a countywide plan required under Measure
"C". The CCTP is created from the five regional
transportation planning committee action plans and is
updated every two years.
(E) "Subregional Transportation Mitigation Program" or
"STMP" shall refer to the program under which developer fees are imposed on properties located in the West
Contra Costa County area for use in funding
transportation mitigation projects.
(F) "Transportation Demand Systems Management" or "TDSM" shall mean any combination of measures that are
designed to provide information, assistance, and
incentives to employees and residents to encourage
use of alternatives to single occupant commute
travel.
(G) "TDSM Ordinance" shall mean the Transportation Demand Systems Management ordinance(s) adopted by West Contra
Costa cities and Contra Costa County setting forth the
purpose, goal, objectives, requirements, and
responsibilities of the West Contra Costa Regional
TDSM Program.
(H) "West Contra Costa Action Plan Update 2000" shall mean the regional transportation plan update for West County adopted in any given yearJuly 2000, required by
Measure JC, and intended to create a framework for
member agencies to jointly and cooperatively address
regional transportation issues.
(I) "West Contra Costa Regional TDSM Program" shall mean a Transportation Demand Systems Management Program
managed by the WCCTAC staff on behalf of the member
cities with the purpose of reducing vehicle trips
and increasing ridesharing and transit usage.
"West Contra Costa Transportation Advisory Committee"
also referred to as "WCCTAC" shall mean the public and
separate entity created by this Agreement.
905
(K) "West Contra Costa Transportation Advisory CommitteeTechnical Advisory Committee" also referred to as "WCCTAC-TAC" shall mean the technical advisory
committee to the West Contra Costa Transportation
Advisory Committee.

3. HEADINGS
All headings contained herein are for convenience or
reference only and are not intended to define or limit the scope of any provision of this Agreement.

4. EFFECTIVE DATE
This restatement and amendment of the WCCTAC Joint Exercise of Powers Agreement shall become effective upon the receipt by the WCCTAC Managing Executive Director of properly
executed copies of the Agreement from not less than twothirds of all member Agencies of WCCTAC.

5. CREATION OF WEST CONTRA COSTA TRANSPORTATION ADVISORY

COMMITTEE
WCCTAC was formally created as a "Joint Powers Agency" in 1990 pursuant to California Government Code Section 6500, et seq. Through this Agreement it is hereby confirmed that the West Contra Costa Transportation Advisory Committee
(hereinafter referred to as "WCCTAC”) shall exercise in the manner hereinafter set forth the powers common to each of the member Agencies until this Agreement is amended or
terminated. WCCTAC shall be a public entity separate from the member Agencies. No debt, liability, or obligation of the WCCTAC shall constitute a debt, liability, or obligation of any member Agency. Each Agency's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as the parties hereto may agree to and direct in accordance with this Agreement.

6. POWERS
The powers of the WCCTAC shall include and be limited to the following:
906
(A) to annually adopt a work program along with a
budget setting forth all operational expenses for
WCCTAC, together with an apportionment of expenses
allocated to each Agency. The draft work program and
budget of the WCCTAC shall be prepared by April 1
and shall be submitted for review to each member
Agency prior to its final adoption by the WCCTAC
Board. on or about July 1. .Each member Agency
shall provide comments to WCCTAC staff concerning
the WCCTAC work program and budget by June 1.
(B) to make and enter into contracts;
(C) to apply for and accept
grants, advances, and
contributions;
(D) to employ or contract for the services of
agents, consultants, engineers, attorneys, and such
other persons or firms as it deems necessary to
carry out the objectives of this Agreement;
(E) to conduct studies and develop plans;
(F) to develop and administer the West
Contra Costa Sub-Regional TDSM program;
(G) to periodically review transportation plans and
TDSM programs and ordinances, and recommend changes
thereto; and
(H) to incur debts, liabilities, or obligations,
subject to limitations herein set forth.
(I) to oversee the West County Subregional
Transportation Mitigation Program (STMP).

7. BOUNDARIES
The boundaries of WCCTAC shall be the boundaries as
shown in Appendix A which is attached hereto and
incorporated herein by this reference.

8. OVERALL ORGANIZATION
The WCCTAC Board shall provide overall policy
direction for the coordinated implementation of the
West Contra Costa Action Plan Updates 2000 and
decision making for general WCCTAC operations,
including implementation of the West Contra Costa
Regional TDSM Program.
907
The WCCTAC Board shall also be the final arbiter in
matters related to the implementation of the STMP.

The WCCTAC-TAC shall provide administrative guidance
and technical review to the Board. Staff or
consultants hired by WCCTAC shall report directly to
the WCCTAC Executive Managing Director, or their
designee with consultation from the WCCTAC-TAC.

9. WCCTAC ORGANIZATION
(A) WCCTAC Board
WCCTAC shall be governed by the WCCTAC Board
which shall exercise all powers and authority
on behalf of WCCTAC. The Board is empowered to
establish its own procedures. The Board may do
any and all things necessary to carry out the
purposes of this Agreement.
(1) Members
(a) The Board shall consist of eleven
members which shall be allocated in
the following manner:
(i) Three members shall be
appointed by the governing
body of the City of Richmond;
(ii) The governing bodies of the
cities of El Cerrito,
Hercules, Pinole, and San
Pablo shall each appoint one
member;
(iii) The governing body of the
County of Contra Costa shall
appoint one member;
(iv) The governing bodies of AC
Transit and BART shall each
appoint one member; and
(v) The governing body of WestCAT
shall appoint one member
provided that the WestCAT
member(and said member's
alternate) shall not be a
representative(either elected
or non-elected) from either
the City of Hercules or the
City of Pinole.
908
(2) Officers
(b) Upon execution of this Agreement, the
governing body of each Agency shall
appoint the appropriate number of
its members to serve as members of the
Board and an appropriate number of its
members to serve as alternate
member(s) of the Board to serve in the
absence of its regular appointees.

Each member and alternate shall hold
office from the first meeting of the
Board after appointment until a
successor is selected. Each member and
alternate shall serve at the pleasure
of the governing body or bodies of the
appointing Agency or Agencies. In the
case of members or alternates who are
elected officials, if a member or
alternate ceases to be an elected
official of the member Agency, he or
she shall then be ineligible to serve
on the WCCTAC Board, and the
appointing Agency shall appoint a
successor prior to the next Board
meeting. Likewise, if a non- elected
member or alternate is replaced, said
member or alternate shall be
ineligible to serve on the WCCTAC
Board, and the appointing Agency shall
appoint a successor prior to the next
Board meeting. Each member and
alternate shall serve without
compensation.

The WCCTAC Board members shall select from the
WCCTAC Board a Chair and Vice Chair who shall hold
office for a period of one year, commencing
February 1; provided however, that in the event
that a member Agency removes from the Board a
member serving as an officer, the Board shall
appoint a member from the newly constituted Board
to fill the vacant office for the remainder of
that year.
(a) Chair. The Chair shall preside at the
meetings of the Board; call meetings to
order; adjourn meetings; announce the
business and the order it is to be acted
upon; recognize persons entitled to the
floor; put to vote all questions, moved and
seconded; announce result of votes; maintain
the rules of order; execute documents and
official actions on behalf of the Board when
duly approved; and carry out other duties set
forth in the by-laws.
909
(b) Vice Chair. The Vice Chair shall serve as
Chair in the absence of the regularly elected
Chair.
(c) Secretary. The WCCTAC Executive Managing
Director, or their designee, shall serve as
the Secretary and shall prepare, distribute,
and maintain minutes of meetings of the
WCCTAC Board, the WCCTAC-TAC and any
committees of the WCCTAC (or shall contract
for such services). The Secretary shall also
maintain the official records of the WCCTAC
and shall file notices as required by
Paragraph 20 of this Agreement.
(d) Treasurer. WCCTAC shall employ, or
contract for, the services of a Treasurer
who shall:
(i) Report to the WCCTAC Executive
Managing Director;
(ii) Receive and provide for the receipt
of all funds of the WCCTAC and
place them in the treasury to the
credit and for the account of the
WCCTAC;
(iii) Be responsible, upon an official
bond, for the safekeeping and
disbursement of all funds of the
WCCTAC;
(iv) Pay, when due, out of funds of the
WCCTAC, all sums payable on
outstanding Revenue Bonds and other
indebtedness of the WCCTAC;
(v) Pay any other sum duly authorized
for payment from funds of the
WCCTAC;
(vi) Verify and report, in writing, on
the first day of July, October,
January, and April of each year to
the Board and each member, at each
meeting s of the end of the
preceding month, the amount of
funds held for the WCCTAC, the
amount of receipts since the last
report and the
910
(vii)
amount paid out since the last
report; and
Invest WCCTAC's funds in the manner
provided by law and collect
interest thereon for the account of
the WCCTAC.
(3) Vote
(a) Authorized Voting Members
Each member or designated alternate shall be
authorized to vote.
(b) WCCTAC Business
For purposes of decisions related to the
regular business of the WCCTAC, including
policy decisions, preparation of budgets and
expenditures of funds, the City of Richmond
shall have three votes; the cities of El
Cerrito, Hercules, Pinole, and San Pablo
shall have one vote apiece; the County of
Contra Costa shall have one vote; AC Transit
and BART shall have one vote apiece; and
WestCAT shall have one vote. A majority vote
of sSix affirmative votes shall be required
for the adoption of any course of action
related to the regular business of the
WCCTAC.
(c) Appointment of Representatives to the Contra
Costa Transportation Authority
Decisions related to determining WCCTAC
appointments to the Contra Costa
Transportation Authority shall be made only
by the participating City and County
jurisdictions. In these cases,
participating cities and the County shall
each have one vote. Under this section,
Richmond shall have one vote accordingly.

Board members from Richmond shall reach a
consensus on any affirmative vote under this
section. Four affirmative votes shall be
required for any WCCTAC decision related to
appointment of representatives to the Contra
Costa Transportation Authority. Appointees
must be members, or alternates, of the
WCCTAC Board.
911
(4) Meetings of the Board
(a) Regular Meetings
The Board shall meet at least ten times per
year unless the necessary business of the
Board can be completed with less meetings.

The date, hour, and place at which each such
regular meeting is held shall be determined
by a majority vote by the Board.
(b) Special Meetings
Special meetings of the Board may be called
in accordance with the provisions of Section
54956 of the California Government Code.
(b) Notice of Meetings
All meetings of the Board shall be held
subject to the provisions of the Ralph M.

Brown Act, being California Government Code
Sections 54950, et seq., and other applicable
laws of the State of California requiring
notice of meetings of public bodies to be
given.
(c) Minutes
The Board shall cause minutes of all meetings
to be kept and shall include the minutes in
the next agenda packet, or as soon
thereafter as they may be prepared and
provided, for approval.
(d) Quorum
A majority of the members of the Board shall
constitute a quorum for the transaction of
business.
(5) Bylaws
The Board shall adopt from time to time such
bylaws, rules, or regulations for the conduct of
its affairs as may be required.
(B) WCCTAC STAFF
(1) Composition
The WCCTAC shall have a staff consisting of an
Managing Executive Director who shall serve as
912
the primary staff person. Other staff may include
those with expertise in transportation planning,
funding, projects, and programs, or
administrative and finance support, a
Transportation Project Specialist and clerical
support. In addition, independent consultants
and/or interns may be engaged on a continuing or
short-term basis, as needed. The Managing
Executive Director shall report to the WCCTAC
Chair.
(2) Additional Staff
Additional staff may be added with Board approval
within budget the constraints. of the then current
fiscal year budget.
(C) WCCTAC-TAC ORGANIZATION
( 1) Composition
The WCCTAC shall have a technical advisory
committee which shall be known as the WCCTAC-TAC
and which shall be composed of the City Managers
of the participating cities or said City Managers'
designees; the District Managers of the
participating transit authorities or said District
Manager's designees; and the County Administrator
for Contra Costa County or said County
Administrator's designee.
(2) Duties
The WCCTAC-TAC shall study and discuss issues
pertaining to WCCTAC and shall make
recommendations to the WCCTAC concerning those
issues. However, the role of the WCCTAC-TAC in
making recommendations to the WCCTAC shall not be
deemed to preclude the WCCTAC from considering
recommendations from other bodies and concerned
individuals.
(3) Officers
The WCCTAC-TAC shall be chaired by the WCCTAC
Executive Managing Director.
913

10. SUPPORT SERVICES
Each of the Agencies shall strive to provide the necessary support to the Board and TAC as may be necessary for the Board and TAC to fulfill its their duties.

11. RESTRICTIONS UPON EXERCISE OF POWER OF BOARD
This Agreement is entered into under the provisions of Title l, Division 7, Chapter 5, Article I, Section 6500, et seq., of the California Government Code, concerning joint powers Agreements. The powers to be exercised hereunder shall be subject to the restrictions upon the manner of exercising the power of the City of San Pablo.

12. FUNDS, AUDIT AND ACCOUNTING SERVICES
Pursuant to the requirements of Section 6505.5 of the
Government Code, the Director of Finance Finance Division Manager of the City of San Pablo is designated to be the depositary and to have custody of all WCCTAC funds from whatever source, and to perform the following functions, unless the WCCTAC Board determines otherwise. Fiscal
responsibilities shall include the following:
(A) Receive and receipt for all money for WCCTAC for the credit of the Board;
(B) Be responsible upon official bond for the safekeeping and disbursement of all Board money so held;
(C) Pay any sums due from the Board from Board money, or any portion thereof, only upon warrants of the WCCTAC
Executive Managing Director. There shall be a limit
of $25,000 $10,000 on the amount of warrants which
can be issued without Board approval.
(D) The Finance Division Manager of the City of San Pablo shall be considered the Treasurer of WCCTAC funds
unless otherwise determined by the WCCTAC Board. The
Treasurer of WCCTAC funds shall have custody of all
WCCTAC funds and shall verify and report in writing on
the first day of October, January, and April of each
year; and within ninety (90) days after the close of
the fiscal year ended June 30th, to the Board and to
the participating Agencies to this Agreement, the
amount of money the Treasurer holds for the Board, the
amount of receipts, and the amount paid out since the
last report to the Board.
914
The audit of funds shall be conducted annually in
compliance with Section 6505 of the Government Code by
an independent certified public accountant qualified
to perform on behalf of joint power authorities.

There shall be strict accountability of all funds and
reporting to the Board of all receipts and
disbursements. In each case the minimum requirements
of the audit shall be those prescribed by the State
Controller for municipalities or counties and the
audit shall conform to generally accepted auditing
standards.
(E) The Executive Managing Director and the Treasurer are hereby designated as the persons who have charge of and access to the property of WCCTAC. Each such person
shall file with the Board an official bond in an
amount to be fixed by the Board. The costs of the
bonds shall be paid by WCCTAC.

13. OBLIGATIONS OF THE AGENCIES
Each Agency shall:
(A) Be liable to the WCCTAC for, upon demand, its
proportionate share of expenses based upon the budget
adopted by the WCCTAC and member Agencies. Invoices
shall be prepared by the WCCTAC Executive Managing
Director. The proportionate share of each Agency shall
be determined according to the following formula:

City of Richmond 27.2%
City of El Cerrito 9.1%
City of Hercules 9.1%
City of Pinole 9.1%
City of San Pablo 9.1%
County of Contra Costa
San Francisco Bay Area
Rapid Transit
District Alameda-Contra
Costa
Transit District
WestCAT Western
Contra Costa Transit
District

9.1%

9.1%
915
(B) The WCCTAC Board will recommend a budget to member
Agencies each Fiscal Year and, based upon the formula set forth in Paragraph (A) above, WCCTAC shall annually
determine the amount of each member Agency's annual
proportionate share.
(C) Commencing on July 1, 1994, and continuing with
each July 1 thereafter, the WCCTAC Board shall approve a budget which reflects the annual costs and the
proportionate share of required funding to be provided
by each member Agency. WCCTAC members shall be invoiced annually on or about July 1 for the next fiscal year
and their share shall be payable immediately.

14. NON-DISCRIMINATION STATEMENT
WCCTAC promotes equal opportunities in the workplace. WCCTAC is an equal opportunity employer and does not discriminate based on an applicant's, employee's, intern's, or contractor's race, color, religion, sex, sexual orientation, national origin, citizenship, age, physical or mental disabilities, or any other characteristic protected by state or federal law.

15. DISPOSITION OF WCCTAC FUNDS UPON TERMINATION
WCCTAC funds, including any interest earned on deposits, remaining upon termination of this Agreement after payment of all obligations, shall be returned in proportion to the contribution made by each Agency during the term of this Agreement. Decisions of the Board shall be final in this regard.

16. WITHDRAWAL
Any Agency upon sixty (60) days' written notice given to the Chair of WCCTAC may withdraw from this Agreement; provided, however, that the withdrawing Agency shall be liable for its proportionate share of any expenses incurred, up to the date that the termination becomes effective, which exceeds the withdrawing Agency's contribution under Paragraph 13; and provided further, that in no event shall a withdrawing Agency be entitled to a refund of all or any part of its contribution made under Paragraph 13.

17. TERMINATION
(A) This Agreement shall remain in effect indefinitely
unless amended or terminated as provided hereunder.
916
(B) This Agreement may be terminated by the affirmative vote of the governing bodies of not less than two-thirds of
all member Agencies.

18. AMENDMENTS
This Agreement may be amended by the following process:
(A) The WCCTAC Board shall first consider any and all
amendments to this Agreement. A majority vote of the
WCCTAC Board shall be required before any recommended
amendment to this Agreement is forwarded to the member
Agencies for consideration and adoption.
(B) This Agreement may be amended by an affirmative vote of the governing bodies of not less than two-thirds of all member Agencies.
(C) Any amendment that is approved shall not become
effective until the WCCTAC Executive Managing Director
receives properly executed copies of the Agreement from not less than two-thirds of all member Agencies of
WCCTAC.

19. NOTICES
All notices to Agencies shall be deemed to have been given when mailed to the governing body of each Agency. Notices to WCCTAC shall be sent to the WCCTAC Board at:

WCCTAC
6333 Potrero Ave. Suite 100
El Cerrito, CA 94609
13831 San Pablo Avenue
San Pablo, CA 94806
Should WCCTAC’s address of record change, the Executive Director shall provide notices to the Agencies of the
change of address. Notices from others to WCCTAC shall be sent to the updated address.

20. FILINGS WITH THE SECRETARY OF STATE
Within 30 days of the effective date of this Agreement, the Chair of WCCTAC shall file with the Office of the California Secretary of State a Notice of a Joint Powers Agreement for WCCTAC pursuant to California Government Code Sections 6505.3 and 6505.7, and a Statement of Facts - Roster of Public Agencies Filing pursuant to California Government Code Section 53051.
917
IN WITNESS WHEREOF, these signatures attest the parties' Agreement to the provisions of this Joint Exercise of Powers Agreement. 918
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APPENDIXA
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919

Page 1 of 3 ends

June 18, 2024
Public Works
DATE: June 18, 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
Subject: Marina Bay Parkway Force Main Relocation Project Completion
FINANCIAL IMPACT: The total Task Authorization cost of the Marina Bay Parkway Force Main Relocation Project, including
Change Order No. 1 and Change Order No. 2, is
$790,050. This amount exceeds the original Task
Authorization amount of $433,264 by $356,786. This
consists of actual change orders in the amount of
$307,024 plus Veolia mark-up of $49,762. The additional funding required for the change orders shall be allocated and appropriated from the Wastewater Fund (40322931-
400708-01T10)

PREVIOUS COUNCIL
ACTION:

Resolution No. 71-21 - adopted on June 15, 2021
AGENDA
REPORT
920

Page 2 of 3 ends

June 18, 2024

STATEMENT OF THE
ISSUE:

The Marina Bay Parkway Force Main Relocation Project
is complete and ready for close-out. Additional funds are required to cover the costs of Change Order No. 1 and
Change Order No. 2, necessitating City Council approval to allocate and appropriate the necessary funds from the Wastewater Fund to ensure all financial obligations for the project are satisfied and project is successfully closed out.

RECOMMENDED ACTION: ADOPT a resolution to accept the Marina Bay Parkway Force Main Relocation Project as complete to enable the City to release the contractor’s bonds and retention
payment; and ALLOCATE and APPROPRIATE the
necessary funds from the Wastewater Fund in the
amount of $356,786 for the two change orders that were
necessary for addressing unforeseen project conditions – Public Works (Daniel Chavarria 510-620-5478 / Robert
Armijo 510-620-5477).

DISCUSSION:

On June 15, 2021, the City Council approved Resolution No. 71-21 authorizing the appropriation of funds from the Sanitary Sewer Developer Impact Fees and approving the Marina Bay Parkway Force Main Relocation Project within the Richmond Wastewater Collection System. The project scope included the replacement of two underground sanitary sewer lines: approximately 207 linear feet of open cut replacement of a 15" gravity sewer line, and approximately 267 linear feet of force main, as well as the installation of one new pressurized manhole. The goal of the project was to reduce sanitary sewer overflows and infiltration and inflow (I&I) to the Sewer Collection System which flows to the Wastewater Treatment Plant (WWTP).

During the project, unforeseen conditions necessitated two change orders. Change Order No. 1 addressed the replacement of a failed manhole at Jetty Drive discovered during construction. The existing manhole had no bottom, resulting in a continuous flow of groundwater entering the sanitary sewer collection system. This issue was promptly brought to the project team's attention, and the replacement was approved by both the City and the Design Engineer. The cost for Change Order No. 1 was $13,025 (includes markup).

Change Order No. 2 was issued to address additional sanitary sewer overflows (SSOs) occurring in the cul-de-sac at 27th Street, near the PG&E parking area, after the completion of the base contract work and Change Order No. 1. Three previously 921

Page 3 of 3 ends

June 18, 2024
unmapped gravity sewer laterals were identified upstream of the Force Main termination, necessitating further work to eliminate the potential for future SSOs. The proposed solution included the installation of 991 linear feet of new 8" PVC C-900 gravity sewer line, the addition of three new manholes, and the connection of the three identified laterals into the new sewer main. The cost for Change Order No. 2 was $343,761 (includes markup). The work was awarded to W.R. Forde Associates, Inc., who provided the lowest responsive bid.

Project costs are detailed as follows:

A. Construction Task Authorization Amount: $ 433,264.00 B. Approved Change Orders: $ 356,786.00
C. Design, Construction Management, Inspection,
Testing, & Project Management Charges
$ 58,383.00
Total Project Costs $ 848,433.00
It is now proposed that the City Council accept this project as complete and authorize the allocation of an additional $356,786 from the Wastewater Enterprise Fund to cover the costs associated with the approved change orders. This allocation will enable the final payments to be made to Veolia Water and close out the project financially.

The project has been completed within the scope, quality standards, and compliance requirements set forth by the City of Richmond and has significantly improved the functionality and environmental compliance of the wastewater treatment facility.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
922
RESOLUTION NO. __24

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

TO ACCEPT THE COMPLETION OF THE MARINA BAY PARKWAY FORCE

MAIN RELOCATION PROJECT AND TO ALLOCATE ADDITIONAL FUNDS FOR

CHANGE ORDERS
WHEREAS, the City Council of the City of Richmond approved the contract with Veolia Water West Operating Services Inc. for the Marina Bay Parkway Force Main Relocation Project under Resolution No. 71-21 dated June 15, 2021; and WHEREAS, the scope of work included the replacement of two underground sanitary sewer lines and the installation of a new pressurized manhole to reduce sanitary sewer overflows and infiltration and inflow (I&I) to the Sewer Collection System which flows to the Wastewater Treatment Plant (WWTP); and
WHEREAS, during the project execution, two change orders totaling $356,786 were required to address unforeseen conditions and additional necessary work, including the replacement of a failed manhole and the installation of a new gravity sewer line to eliminate Sanitary Sewer Overflows (SSOs) at 27th Street; and
WHEREAS, Status of the budget costs are as follows:

A. Task Authorization Amount $433,264
B. Approved Change Orders $356,786
C. Over run of quantities $0
D. Design, Construction Management,
Inspection, Project Management, Testing,
& Miscellaneous expenses
$58,383
Total Project Costs $848,433;
and
WHEREAS, the project has been completed within the available budget (inclusive of change orders costs approved herein) and original contract time frame, and in accordance with the plans, specifications, and City of Richmond standards; and WHEREAS, it is necessary to allocate additional funds from the Wastewater Fund to cover these approved change orders and to ensure the financial closure of the project; and WHEREAS, the Water Resource Recovery Division of the Public Works Department will issue a project Task Authorization to Veolia and Veolia Water West Operating Services Inc., who will manage the close-out of the subcontract with W.R. Forde Associates, Inc.; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond, as follows:
923
Section 1. The foregoing recitals are true and correct, and this City Council hereby so finds and determines:

Section 2. The City Council of the City of Richmond hereby accepts the construction of the Marina Bay Parkway Force Main Relocation Project completed by Veolia Water and subcontractor W.R. Forde Associates, Inc., authorizes the City Clerk to record the Notice of Completion with the Contra Costa County Recorder, and authorizes the City Engineer to release any applicable bonds and retention payments.

Section 3. The Water Resource Recovery Division of the Public Works Department shall appropriate funds from the Wastewater Fund in the amount of $356,786 for Fiscal Year 2023- 2024 budget for the Marina Bay Parkway Force Main Relocation Project.

Section 4. The Contract close-out shall be managed by Veolia Water for its subcontract issued to W.R. Forde Associates, Inc. for the construction of the Marina Bay Parkway Force Main Relocation Project.

Section 5. The total cost of the Marina Bay Parkway Force Main Relocation Project for construction shall not exceed $848,433 without City Council approval.

Section 6. This resolution shall take effect immediately upon its passage. **********************
I hereby certify that the foregoing Resolution of the Council of the City of Richmond was duly passed and adopted at a meeting thereof held June 18, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:
___________ _______________________________

CLERK OF THE CITY OF RICHMOND
Approved:

Mayor
924
Approved as to form:

City Attorney
925

Page 1 of 3 ends

June 18, 2024
Public Works
DATE: June 18, 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
Jene Levine-Snipes, Development Project Manager
Subject: Contract Amendment #1 with Mack5 for Project and Construction Management 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 (10633031-400708-23028).

PREVIOUS COUNCIL
ACTION:

October 18, 2022

STATEMENT OF THE
ISSUE:

Due to a change in construction sequencing related to
the bike pump track, the construction duration has been extended by three (3) months. The increase of scope and time within the project will require an amendment to the original Project and Construction Management contract
with Mack5.

RECOMMENDED ACTION: APPROVE contract amendment number one with Mack5 for the Project and Construction Management Services
under the Shields-Reid Park Improvement Project
(#23028) in the amount of $78,300 for a total contract
amount not to exceed $629,700, with an existing contract term ending December 31, 2025 – Public Works
AGENDA
REPORT
926

Page 2 of 3 ends

June 18, 2024
Department (Robert Armijo 510-620-5477/ Josef Munoz
510-672-2407).

DISCUSSION:

The State of California Department of Parks and Recreation has given the City of Richmond an $8 million grant to renovate Shields-Reid Park. The program supports the Newsom administration's "Outdoors for All" effort, which aims to provide access to parks and open space to all Californians, regardless of zip code or income level.

The competitive grant program attracted 468 submissions, totaling $2.42 billion in requests. 112 bids were funded from the $548.3 million available in the grant cycle, representing the state's single-largest commitment in improving park access in underprivileged communities.

Shields Reid Park is in the North Richmond area and covers 5.17 acres. Shields-Reid Park was chosen based on community priorities to improve safety, engage the park, and conserve cultural history. Over 200 North Richmond residents and stakeholders envisioned their ideal park at seven (7) in-person and online meetings in 2020.

This public park project aims to improve health and wellness, safety, beauty, and access to outdoor recreation, in addition to helping 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 October 18, 2022, the City Council approved a sole source contract (Attachment 2) with Macks Craic, Inc. dba Mack5 for providing project and construction management services for the park improvement project. Mack5’s construction management phase scope was for 12 months. With the bike pump track construction now happening during the construction of the park instead of before, the construction duration has extended to 15 months.

The original term of the contract commenced on November 1, 2022, and will terminate on December 31, 2025, with an original contract payment limit of $551,400.00. The State of California Department of Parks and Recreation grant covers the Project and 927

Page 3 of 3 ends

June 18, 2024
Construction Management Services costs. City staff is requesting that City Council approve contract amendment #1 (Attachment 1) for the agreement with Mack5 in the amount of $78,300 for an updated not to exceed total contract amount of $629,700 to continue providing project and construction management services for the Shields Reid Park Improvements project.

DOCUMENTS ATTACHED:

Attachment 1 – Contract Amendment 1
Attachment 2 – Original Contract
928

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

P.R. No: Vendor No: Contract No32:

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:

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.

929
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.
930
Contract Amendment between the City of Richmond and
Amendment No. Contract No.32

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
931
mack5 Services:

Owner’s Representative
Project Management
Construction Management
Cost Management
Cost Planning
phone 510.595.3020
fax 510.595.1755
mack5
Headquarters
1900 Powell Street
Suite 470
Emeryville, CA 94608
Richmond Office
322 Harbour Way
Suite 16
Richmond, CA 94801
Proud Member of
April 18, 2024

Josef Munoj
Capital Projects Manager
City of Richmond, CA
Re: Shields‐Reid Park Project – Additional Fee Request
Dear Mr. Munoj:

Mack5 has been providing Project & Construction Management services on the Shields‐Reid Park Improvements project.

Project Background
City of Richmond received $8 million funding from State of California through the Prop. 68 grant to renovate the existing Shields‐Reid Park. The redesigned park will include children’s play area, bike pump track, stage, public art, basketball courts, exercise area, community area, landscaping and parking.

City is in the process of awarding the construction contract to Azul Works, Inc.

The bike pump track construction is being done by American Ramp Company under a design build procurement. Currently it is tentative scheduled to start in July 2024.

Additional Fee Request
Our fee and scope were for providing construction management services for the construction of the park to be performed by the general contractor. Now with the bike pump track construction being done during the construction of the park, we are also providing construction management services for this scope and the total construction duration has increased to 15 months from 12 months in our proposal.

We are requesting additional fee of $78,300 for the 3 months for bike pump track construction management.

Thank you again for the opportunity to provide our services. Please let us know if the City has any questions about this request.

Sincerely,
Manil Bajracharya
Principal
Senior Project Manager
mack5
Attachment #1
932
Contract Amendment between the City of Richmond and
Amendment No. Contract No.32

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)
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
933
Contract Amendment between the City of Richmond and
Amendment No. Contract No.32

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):