On-Call Painting and Repair for PRW

REQUEST FOR PROPOSALS (RFP)

Specification No. 26-11774-C

FOR

ON-CALL PAINTING AND REPAIR FOR PRW

PROPOSALS WILL NOT BE OPENED AND READ PUBLICLY

Dear Proposer:

The City of Berkeley is soliciting written proposals from qualified firms or individuals to provide on-call painting and repair services for Parks, Recreation and Waterfront assets. As a Request for Proposal (RFP) this is not an invitation to bid and although price is very important, other factors will be taken into consideration.

The project scope, content of proposal, and vendor selection process are summarized in the RFP (attached). Proposals must be received no later than 2:00 pm, on Tuesday, February 20, 2026. Proposals are to be sent via email with the “Specification No. 26-11774-C and On-Call Painting and Repair for PRW” clearly indicated in the subject line of the email. Please submit one (1) PDF of the technical Proposal with the filename saved as, “Proposal: Vendor Name – 26-11774-C, On-Call Painting and Repair for PRW.” Corresponding pricing proposal shall be submitted as a separate document with the filename saved as, “Pricing: Vendor Name – 226-1174-C, On-Call Painting and Repair for PRW.”

Email Proposals to:

City of Berkeley

Finance Department/General Services Division

Solicitations@berkeleyca.gov

Proposals will not be accepted after the date and time stated above. Incomplete proposal or proposals that do not conform to the requirements specified herein will not be considered. Issuance of the RFP does not obligate the City to award a contract, nor is the City liable for any costs incurred by the proposer in the preparation and submittal of proposals for the subject work. The City retains the right to award all or parts of this contract to several bidders, to not select any bidders, and/or to re-solicit proposals. The act of submitting a proposal is a declaration that the proposer has read the RFP and understands all the requirements and conditions.

For questions concerning the anticipated work, or scope of the project, please contact Walter Vandernald, Senior Facilities Maintenance Supervisor, via email at wvandernald@berkeleyca.gove no later than February 6, 2026. Answers to questions will not be provided by telephone or email. Answers to all questions or any addenda will be posted on the City of Berkeley’s site at Bid & Proposal Opportunities | City of Berkeley (berkeleyca.gov) . It is the vendor’s responsibility to check this site. For general questions concerning the submittal process, contact purchasing at 510-981-7320.

We look forward to receiving and reviewing your proposal.

Sincerely,

Henry Oyekanmi

Finance Director

CITY OF BERKELEY

DEPARTMENT OF PARKS, RECREATION & WATERFRONT (PRW)

REQUEST FOR PROPOSAL

FOR

ON CALL PAINTING AND REPAIR FOR PRW

SPECIFICATION NO. 26-11774-C

DATE January 20, 2026

MANDATORY PRE-BID CONFERENCE: Not Required

BID OPENING DATE: Thursday, February 19, 2026

Approved By:

____________________________________

Scott Ferris

Director of Parks, Recreation & Waterfront

2180 Milvia St., 3rd FLOOR, BERKELEY, CALIFORNIA 94704

(510) 981-6700

I. INTRODUCTION

The City of Berkeley Parks, Recreation, and Waterfront Department maintains and implements City infrastructure and is requesting proposals for a vendor to perform painting and repair work on an as-needed basis. The vendor must provide all design, labor, supervision, implements, tools, machinery, safety equipment, 811 prevention, required testing, traffic control, materials, and proper licensing to perform on-call painting and repair services.

II. SCOPE OF SERVICES

The scope of services is for a three (3) year term for an amount not to exceed $200,000 with no guaranteed minimum. This is an on-call contract, and all work will be requested by the City in writing (email) and must be responded to in writing (email). The primary objectives of this contract are to maintain the heavy workload by keeping our assets painted and repaired. Due to the quantity of assets, it is beyond the scope of Berkeley staff.

On-call painting and repair work is requested for the locations listed below:

1. Parks fixtures

2. Sports field fixtures

3. Sport courts

4. Restrooms (interiors and exteriors)

5. Buildings (interiors and exteriors)

6. Docks

7. Gates

8. Catwalks

9. Pedestrian bridges

10. Signage

11. Road surfaces

12. Utility boxes/poles

Additional locations as needed.

General Requirements:

1. Contractor shall always maintain pedestrian and vehicular traffic control in accordance with the “Manual of Traffic Controls” issues by the State of California, Department of Transportation. No additional payment will be made to the Contractor for traffic control.

2. Contractor shall post “no parking” signs no later than 72 hours in advance of the time of need. Pedestrian access to homes and businesses in the project area shall be always maintained. No additional payment will be made to the Contractor for posting “no parking” signs and for maintaining residential and business access.

3. The Contractor must request permission from the Project Manager prior to towing any vehicles that may interfere with the Contractor’s progress.

4. Contractors shall always observe and comply with and shall cause all agents and employees to observe and comply with all such laws, ordinances, regulations, orders and decrees, including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, all applicable federal, state, municipal and local safety regulations.

5. All work which is defective in its implementation or deficient in any of the requirements of these specifications, shall be remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction.

6. Contractors shall endeavor, whenever possible, to restrict the use of water. The Contractor shall, when necessary, at its own expense, provide all power and water necessary for the work. If necessary, the Contractor shall provide filter materials at the catch basin to retain any debris and dirt flowing into the City’s drainage systems. Pollutants (any substance, material, or waste other than rainfall derived from storm water) discharged to storm drains is strictly prohibited.

7. The contractor shall contact Underground Services Alert (USA) prior to excavation. Contractor must comply with all USA requirements. The Contractor shall be responsible for protecting the underground utilities that occur in the limits of the work.

8. The Contractor shall be responsible for the protection of public and private property adjacent to the work and shall exercise due caution to avoid damage to such property. The contractor shall be responsible for all damage to public and private property resulting from the concrete cutting, demolition, excavation and soil backfilling. Such damage may be included, but is not limited to underground utilities (gas, water, sewer, electric, cable) and irrigation systems. Repairs and replacements shall be at least equal to existing improvements. Any damage to the private property shall be restored to the satisfaction of the property owner and Project Manager within seven (7) days of the damage(s). All materials or installation methods to be used shall comply with local Water and Air Quality Management District and EPA codes and regulations. The Contractor shall comply with all City regulation including those regarding NPDES (National Pollution Discharge Elimination System) Requirements.

9. Maintain barricades and construction work signs for the duration of the work.

10. Properly protect areas by the approved coverings during operations as directed and necessary.

11. Comply with the manufacturer’s recommendations for proper application of all materials.

12. Remove all waste and debris from the area of work overnight.

13. The Contractor shall comply with all applicable codes, standards, and regulations. All work and materials shall be in full accordance with the latest rules and regulations of the National Electric Code, The Uniform Plumbing Code published by the Wester Plumbing Officials Association, and other state or local laws or regulations. If the work does not conform to these codes or regulations the Contractor shall furnish, without any extra charge, any additional material and labor when required by the compliance with these codes and regulations.

14. The work done herein shall be in accordance with these plans, specifications and the latest edition of the Standards Specifications and Standard Plans of the State of California, Department of Transportation. It is the intent of this contract to obtain a finished, workmanlike job, complete in place.

15. Contractors shall abide by the City of Berkeley Noise Ordinance (Ord. 13.40.050), which specifies time limitations when engine-driven equipment may be operated. All construction machinery and vehicles employed on the project shall be equipped with approved sound-muffling devices and operated in a manner to cause the least noise consistent with efficient performance of the work.

16. The daily work period should not begin prior to 8:00 a.m.

Specific Requirements:

Inspection:

1. A pre-project inspection to assess all surfaces and document any necessary repairs.

Surface Preparation:

1. Protecting non-painted surfaces with appropriate tarps, drop clothes, paper, and tape.

2. Cleaning all surfaces to be painted to remove any loose impediments on all surfaces. Removal of nails, screws, and any other unnecessary protrusions.

3. Repair or replace any wood rot, gaps, or buckling on flat wood surfaces, trim, and beams.

4. Drywall, plaster, window, door, carpentry, masonry, and concrete installations or repairs shall be included as needed.

5. Scrape, sand, and fill cracks, holes, and other imperfections.

6. Prepare appropriate surfaces with a Tri Sodium Phosphate solution or equivalent.

7. Prep and prime new or repaired paint surfaces with two (2) coats of appropriate primer approved by the owner.

Painting:

1. Application shall include two (2) coats of paints, stains, and varnishes for a uniform finish.

2. Brand, grade, and finish of paints, stains, and varnishes to be approved by owner.

3. Inclusion of all necessary labor, materials, transportation, and equipment.

Clean-up:

1. Daily clean-up of the work area and a final, thorough clean-up at the project’s conclusion.

Waste Disposal:

1. Legally and properly disposing of all waste paint materials and debris.

Final Walk Through:

1. A final inspection with the contractor and project contact to ensure all work meets RFP’s standards.

Warranty:

1. Contractor shall warrant the workmanship and materials used for a minimum period of one (1) year from the completion date.

III. SUBMISSION REQUIREMENTS

All proposals shall include the following information, organized as separate sections of the proposal. The proposal should be concise and to the point.

1. Contractor Identification:

Provide the name of the firm, the firm's principal place of business (see section VII, F. – Local Vendor Preference), the name and telephone number of the contact person and company tax identification number.

2. Client References:

Provide a minimum of three (3) client references. References should be California cities or other large public sector entities. Provide the designated person's name, title, organization, address, telephone number, and the project(s) that were completed under that client’s direction.

3. Price Proposal:

The proposal shall include pricing for all services. Pricing shall be all inclusive unless indicated otherwise. Pricing proposals shall be a separate document. The Proposal shall itemize all services, including hourly rates for all professional, technical and support personnel, and all other charges related to completion of the work shall be itemized. Evaluation of price proposals are subject to the local vendor business preference (see section VII.F.).

4. Contract Terminations:

If your organization has had a contract terminated in the last five (5) years, describe such incident. Termination for default is defined as notice to stop performance due to the vendor’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the vendor, or (b) litigated and such litigation determined that the vendor was in default.

Submit full details of the terms for default including the other party’s name, address, and phone number. Present the vendor’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience.

If the firm has not experienced any such termination for default or early termination in the past five (5) years, so indicate.

5. (Other submission requirements needed to evaluate proposals and determine if contractor is qualified to do project.)

IV. SELECTION CRITERIA

The following criteria will be considered, although not exclusively, in determining which firm is hired.

1. Project Approach 30 points

2. Expertise & References 40 points

3. Costs* 30 points

* Effective 1/1/2022. Local Vendor Preference. For the purposes of comparing pricing as part of this competitive RFP for goods up to $100,000 or non-professional services up to $250,000, 5% shall be deducted from the bid price proposal from any local Berkeley vendor.

A selection panel will be convened of staff to evaluate and score submittals.

V. PAYMENT

Invoices: Invoices must be fully itemized and provide sufficient information for approving payment and audit. Invoices must be accompanied by receipt for services in order for payment to be processed. Email invoices to Accounts Payable and cc: wvandernald@berkeleyca.gov (List on invoice, Attn: Walter Vandernald / Parks, Recreation, and Waterfront) and reference the contract number.

City of Berkeley

Accounts Payable

P.O. Box 700

Berkeley, CA 94710-700

Email: AccountsPayable@berkeleyca.gov

Phone: 510-981-7310

Payments: The City will make payment to the vendor within 30 days of receipt of a correct, approved and complete invoice.

VI. CITY REQUIREMENTS

A. Non-Discrimination Requirements:

Ordinance No. 5876-N.S. codified in B.M.C. Chapter 13.26 states that, for contracts worth more than $3,000 bids for supplies or bids or proposals for services shall include a completed Workforce Composition Form. Businesses with fewer than five employees are exempt from submitting this form. (See B.M.C. 13.26.030)

Under B.M.C. section 13.26.060, the City may require any bidder or vendor it believes may have discriminated to submit a Non-Discrimination Program. The Contract Compliance Officer will make this determination. This applies to all contracts and all consultants (contractors). Berkeley Municipal Code section 13.26.070 requires that all contracts with the City contain a non-discrimination clause, in which the contractor agrees not to discriminate and allows the City access to records necessary to monitor compliance. This section also applies to all contracts and all consultants.

Bidders must submit the attached Non-Discrimination Disclosure Form with their proposal.

B. Nuclear Free Berkeley Disclosure Form:

Berkeley Municipal Code section 12.90.070 prohibits the City from granting contracts to companies that knowingly engage in work for nuclear weapons. This contracting prohibition may be waived if the City Council determines that no reasonable alternative exists to doing business with a company that engages in nuclear weapons work. If your company engages in work for nuclear weapons, explain on the Disclosure Form the nature of such work.

Bidders must submit the attached Nuclear Free Disclosure Form with their proposal.

C. Oppressive States:

The City of Berkeley prohibits granting of contracts to firms that knowingly provide personal services to specified Countries. This contracting prohibition may be waived if the City Council determines that no reasonable alternative exists to doing business with a company that is covered by City Council Resolution Nos. 59,853-N.S., 60,382-N.S., and 70,606-N.S. If your company or any subsidiary is covered, explain on the Disclosure Form the nature of such work.

Bidders must submit the attached Oppressive States Disclosure Form with their proposal.

D. Sanctuary City Contracting Ordinance:

Chapter 13.105 of the Berkeley Municipal Code prohibits the City from granting and or retaining contracts 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”).

Bidders must submit the attached Sanctuary City Compliance Statement with their proposal.

E. Conflict of Interest:

In the sole judgment of the City, any and all proposals are subject to disqualification on the basis of a conflict of interest. The City may not contract with a vendor if the vendor or an employee, officer or director of the proposer's firm, or any immediate family member of the preceding, has served as an elected official, employee, board or commission member of the City who influences the making of the contract or has a direct or indirect interest in the contract.

Furthermore, the City may not contract with any vendor whose income, investment, or real property interest may be affected by the contract. The City, at its sole option, may disqualify any proposal on the basis of such a conflict of interest.

Please identify any person associated with the firm that has a potential conflict of interest.

F. Berkeley Living Wage Ordinance:

Chapter 13.27 of the Berkeley Municipal Code requires that contractors offer all eligible employees with City mandated minimum compensation during the term of any contract that may be awarded by the City. If the Contractor is not currently subject to the Living Wage Ordinance, cumulative contracts with the City within a one-year period may subject Contractor to the requirements under B.M.C. Chapter 13.27. A certification of compliance with this ordinance will be required upon execution of a contract. The current Living Wage rate can be found here: Information for Vendors | City of Berkeley (berkeleyca.gov) . The Living Wage rate is adjusted automatically effective June 30th of each year commensurate with the corresponding increase in the Consumer Price Index published in April of each year. If the Living Wage rate is adjusted during the term of your agreement, you must pay the new adjusted rate to all eligible employees, regardless of what the rate was when the contract was executed.

G. Berkeley Equal Benefits Ordinance:

Chapter 13.29 of the Berkeley Municipal Code requires that contractors offer domestic partners the same access to benefits that are available to spouses. A certification of compliance with this ordinance will be required upon execution of a contract.

H. Statement of Economic Interest:

The City’s Conflict of Interest Code designates “consultants” as a category of persons who must complete Form 700, Statement of Economic Interest, at the beginning of the contract period and again at the termination of the contract. The selected contractor will be required to complete the Form 700 before work may begin.

VII. OTHER REQUIREMENTS

A. Insurance

The selected contractor will be required to maintain general liability insurance in the minimum amount of $2,000,000, automobile liability insurance in the minimum amount of $1,000,000 and a professional liability insurance policy in the amount of $2,000,000 to cover any claims arising out of the performance of the contract. The general liability and automobile insurance must name the City, its officers, agents, volunteers and employees as additional insured.

B. Worker’s Compensation Insurance:

A selected contractor who employs any person shall maintain workers' compensation insurance in accordance with state requirements. Sole proprietors with no employees are not required to carry Worker’s Compensation Insurance.

C. Business License

Virtually every contractor that does business with the City must obtain a City business license as mandated by B.M.C. Ch. 9.04. The business license requirement applies whether or not the contractor has an office within the City limits. However, a "casual" or "isolated" business transaction (B.M.C. section 9.04.010) does not subject the contractor to the license tax. Warehousing businesses and charitable organizations are the only entities specifically exempted in the code from the license requirement (see B.M.C. sections, 9.04.295 and 9.04.300). Non-profit organizations are granted partial exemptions (see B.M.C. section 9.04.305). Persons who, by reason of physical infirmity, unavoidable misfortune, or unavoidable poverty, may be granted an exemption of one annual free license at the discretion of the Director of Finance. (See B.M.C. sections 9.04.290).

Vendor must apply for a City business license and show proof of application to Purchasing Manager within seven days of being selected as intended contractor.

The Customer Service Division of the Finance Department located at 1947 Center Street, Berkeley, CA 94704, issues business licenses. Contractors should contact this division for questions and/or information on obtaining a City business license, in person, or by calling 510-981-7200.

D. Recycled Paper

Any printed reports for the City required during the performance of the work shall be on 100% recycled paper, and shall be printed on both sides of the page whenever practical.

E. State Prevailing Wage:

Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et seq. These labor categories, when employed for any “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” constitute a “Public Work” within the definition of Section 1720(a)(1) of the California Labor Code requiring payment of prevailing wages.

Wage information is available through the California Division of Industrial Relations web site at:

http://www.dir.ca.gov/OPRL/statistics_and_databases.html

F. Local Vendor Preference

City of Berkeley applies a local vendor preference for comparing pricing submittals in RFP responses (City Council Resolution No. 69,890-N.S.)

A local business is defined as “a business firm with fixed offices or distribution points located within the City of Berkeley boundaries and listed in the Permits and License Tax paid file, with a Berkeley business street address.”

VIII. SCHEDULE (Dates are subject to change)

◊ Issue RFP to Potential Bidders: January 20, 2026

◊ Questions Due February 6, 2026

◊ Proposals Due from Potential Bidders February 19, 2026

◊ Complete Selection Process February 27, 2026

◊ Council Approval of Contract (over $50k) April 14, 2026

◊ Award of Contract April 15, 2026

◊ Sign and Process Contract April 29, 2026

◊ Notice to Proceed April 30, 2026

Thank you for your interest in working with the City of Berkeley for this service. We look forward to receiving your proposal.

Attachments:

• Check List of Required items for Submittal Attachment A

• Non-Discrimination/Workforce Composition Form Attachment B

• Nuclear Free Disclosure Form Attachment C

• Oppressive States Form Attachment D

• Sanctuary City Compliance Statement Attachment E

• Living Wage Form Attachment F

• Equal Benefits Certification of Compliance Attachment G

• Right to Audit Form Attachment H

• Insurance Endorsement Attachment I

ATTACHMENT A

CHECKLIST

◊ Proposal describing service (one (1) PDF of proposal)

◊ Contractor Identification and Company Information

◊ Client References

◊ Costs proposal by task, type of service & personnel (as a separate document from the proposal)

◊ The following forms, completed and signed in blue ink (attached):

o Non-Discrimination/Workforce Composition Form Attachment B

o Nuclear Free Disclosure Form Attachment C

o Oppressive States Form Attachment D

o Sanctuary City Compliance Statement Attachment E

o Living Wage Form (may be optional) Attachment F

o Equal Benefits Certification (EBO-1) (may be optional) Attachment G

ADDITIONAL SUBMITTALS REQUIRED FROM SELECTED VENDOR AFTER COUNCIL APPROVAL TO AWARD CONTRACT.

◊ Provide original-signed in blue ink Evidence of Insurance

o Auto

o Liability

o Worker’s Compensation

◊ Right to Audit Form Attachment H

◊ Commercial General & Automobile Liability Endorsement Form Attachment I

◊ Berkeley Business License (Current Year Certificate)

For informational purposes only, see the Sample of Personal Services Contract .

NON-DISCRIMINATION/WORKFORCE COMPOSITION FORM FOR NON-CONSTRUCTION CONTRACTS

To assist the City of Berkeley in implementing its Non-Discrimination policy, it is requested that you furnish information regarding your personnel as requested below and return it to the City Department handling your contract: Organization: _____________________________________________________________________________________ Address: _______________________________________________________________ Business Lic. #: ___________

Occupational Category: __________________________ (See reverse side for explanation of terms)

Total Employees

White Employees

Black Employees

Asian Employees

Hispanic Employees

Other Employees

Female

Male

Female

Male

Female

Male

Female

Male

Female

Male

Female

Male

Official/Administrators

Professionals

Technicians

Protective Service Workers

Para-Professionals

Office/Clerical

Skilled Craft Workers

Service/Maintenance

Other (specify)

Totals:

Is your business MBE/WBE/DBE certified? Yes: _____ No: _____ If yes, by what agency? _______________________

If yes, please specify: Male: _____ Female: _____ Indicate ethnic identifications: ___________________________

Do you have a Non-Discrimination policy? Yes: _____ No: _____

Signed: ________________________________________________________________ Date: __________________

Verified by: _____________________________________________________________ Date: __________________

City of Berkeley Contract Compliance Officer

On-Call Painting and Repair for PRW/26-11774-C Attachment B (page 1)
Occupational Categories

Officials and Administrators - Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy superintendents, unit supervisors and kindred workers.

Professionals - Occupations that require specialized and theoretical knowledge that is usually acquired through college training or through work experience and other training that provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, systems analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, and kindred workers.

Technicians - Occupations that require a combination of basic scientific or technical knowledge and manual skill that can be obtained through specialized post-secondary school education or through equivalent on-the-job training. Includes: computer programmers and operators, technical illustrators, highway technicians, technicians (medical, dental, electronic, physical sciences) and kindred workers.

Protective Service Workers - Occupations in which workers are entrusted with public safety, security and protection from destructive forces. Includes: police officers, fire fighters, guards, sheriffs, bailiffs, correctional officers, detectives, marshals, harbor patrol officers, and kindred workers.

Para-Professionals - Occupations in which workers perform some of the duties of a professional or technician in a supportive role, which usually requires less formal training and/or experience normally required for professional or technical status. Such positions may fall within an identified pattern of a staff development and promotion under a "New Transporters" concept. Includes: library assistants, research assistants, medical aides, child support workers, police auxiliary, welfare service aides, recreation assistants, homemaker aides, home health aides, and kindred workers.

Office and Clerical - Occupations in which workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paperwork required in an office. Includes: bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearings reporters, statistical clerks, dispatchers, license distributors, payroll clerks, and kindred workers.

Skilled Craft Workers - Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training and experience or through apprenticeship or other formal training programs. Includes: mechanics and repairpersons, electricians, heavy equipment operators, stationary engineers, skilled machining occupations, carpenters, compositors and typesetters, and kindred workers.

Service/Maintenance - Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property. Workers in this group may operate machinery. Includes: chauffeurs, laundry and dry-cleaning operatives, truck drivers, bus drivers, garage laborers, custodial personnel, gardeners and groundskeepers, refuse collectors, and construction laborers.

On-Call Painting and Repair for PRW/26-11774-C Attachment B (page 2)

CITY OF BERKELEY

Nuclear Free Zone Disclosure Form

I (we) certify that:

1. I am (we are) fully cognizant of any and all contracts held, products made or otherwise handled by this business entity, and of any such that are anticipated to be entered into, produced or handled for the duration of its contract(s) with the City of Berkeley. (To this end, more than one individual may sign this disclosure form, if a description of which type of contracts each individual is cognizant is attached.)

2. I (we) understand that Section 12.90.070 of the Nuclear Free Berkeley Act (Berkeley Municipal Code Ch. 12.90; Ordinance No. 5784-N.S.) prohibits the City of Berkeley from contracting with any person or business that knowingly engages in work for nuclear weapons.

3. I (we) understand the meaning of the following terms as set forth in Berkeley Municipal Code Section 12.90.130:

"Work for nuclear weapons" is any work the purpose of which is the development, testing, production, maintenance or storage of nuclear weapons or the components of nuclear weapons; or any secret or classified research or evaluation of nuclear weapons; or any operation, management or administration of such work.

"Nuclear weapon" is any device, the intended explosion of which results from the energy released by reactions involving atomic nuclei, either fission or fusion or both. This definition of nuclear weapons includes the means of transporting, guiding, propelling or triggering the weapon if and only if such means is destroyed or rendered useless in the normal propelling, triggering, or detonation of the weapon.

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