Richmond City Council
February 28, 2023

___ 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.

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

Insurance certificates and endorsements may be faxed to the Designated Project Manger. 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.

February 28, 2023 Page 1 of 3

Public Works

DATE: February 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Lina Velasco, Director of Community Development

SUBJECT:

Contract with Wiss, Janney, Elstner Associates, Inc.
(WJE) for Historic Resource Evaluations

FINANCIAL IMPACT: Portions of the contract relating to Point Molate will be paid using Account String: 01917090-400201-PM902 and
Port work using Account String: 40163080-400201-36004

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The Winehaven Historic District and Shipyard No. 3
Historic District have several vacant structures, including damaged and deteriorated structural and enclosure
components. City staff is seeking evaluation and related design services to assess what temporary shoring,
structural repairs, or enclosure repairs are necessary to mitigate the further deterioration of these buildings.

RECOMMENDED ACTION:

APPROVE a sole-source contract with Wiss, Janney,
Elstner Associates, Inc. (WJE), in an amount not to
exceed $250,000, for a term ending June 30, 2024, to
provide evaluation and related design services of certain historic structures at Winehaven Historic District and
Shipyard No. 3 Historic District – Public Works (Daniel Chavarria 510-620-5478/Lina Velasco 510-620-6841).

This item was continued from the February 21, 2023,
meeting.

AGENDA
REPORT

February 28, 2023 Page 2 of 3

DISCUSSION:

The Winehaven Historic District and Shipyard No. 3 Historic District have several vacant structures. City staff has observed damaged and deteriorated structural and enclosure components to these structures. To evaluate and repair these issues, City staff is seeking approval of a sole-source contract with Wiss, Janney, Elstner Associates, Inc. (WJE) in an amount not to exceed $250,000, for a term ending June 30, 2024. These evaluations identify what temporary shoring, structural repairs, or enclosure repairs are necessary to mitigate further deterioration to avoid any significant loss of integrity of these historic structures.

Project Objectives

Except for the Fire Station, the buildings to be evaluated at both sites are vacant and their building enclosure materials are generally deteriorated and are damaged in numerous locations, allowing water and animal intrusion and continued deterioration of historic materials.

The overall goals of this Scope of Work are:

Investigation Phase
 Assess the condition of the buildings at the two sites, focusing on their structure and building enclosures.
 Determine what temporary shoring, structural, and enclosure repairs are recommended to mitigate the further deterioration of these buildings for a period of approximately five years (or possibly longer for the Cafeteria).

Design Phase
 Design the recommended repairs and prepare Construction Documents suitable for obtaining construction permits and publicly bidding the projects.

Previous Work Completed by WJE

The Cafeteria Building was constructed at Richmond Shipyard No. 3 in 1943 and is a contributing resource within the Richmond Shipyard No. 3 Historic District. Available original construction documents indicate that the building’s use and floor plan were revised multiple times, unlike most of the other buildings at the shipyard. The one-story wood-framed building is clad with painted wood siding and has gravel-surfaced bituminous low-slope roofing.

WJE previously documented the Cafeteria Building as part of a Historic Structures Report for the overall Richmond Shipyard No. 3. The proposed Scope of work will update that conditions assessment completed in 2013.

In July 2010, WJE was engaged by the City of Richmond to perform an emergency stabilization assessment of seven buildings (Buildings 1, 6, 10, 13, 17, 60, and 63) at the Winehaven National Historic District. The purpose of that assessment was to

February 28, 2023 Page 3 of 3

identify conditions that pose an immediate hazard of collapse. WJE prepared a report dated July 20, 2010, describing their findings from that investigation (see Attachment 3).

In 2011, the City of Richmond engaged Plant Construction to perform emergency stabilization based on the recommendations described in the July 2010 WJE report.

WJE was engaged by Plant Construction to provide engineering services to design the stabilization. This work was completed circa August 2011.

Since the emergency stabilization work was limited to those conditions that were observed to be hazardous at the time of the previous site observations, and since the stabilization work was not intended to include protection of the building from weather, further deterioration of portions of the building that had not been stabilized was likely. As a result, the City of Richmond, engaged WJE to conduct follow-up inspections of the buildings to assess whether any significant further deterioration had occurred and whether additional stabilization would be needed. This report was completed in 2012 (see Attachment 4).

The proposed scope of work would also expand upon the previously completed work to include the following buildings: 28 cottages (buildings 31 through 54 and 56 through 59), a Winemaster’s House (building 60), and a Fire Station (building 63). The buildings were originally constructed in multiple periods between 1910 and 1919, with some buildings including more recent additions and modifications. The buildings are contributing resources located within the larger Winehaven Historic District. The buildings are typically constructed of wood framed walls and roofs with concrete foundations. The building enclosure of the cottages and Winemaster’s House include stucco and painted wood siding, composite shingle roofing and wood gutters. There may be wood shingles under the stucco.

The Fire Station enclosure is constructed of corrugated metal siding, composite shingle, and low-slope built-up roofing. The Fire Station is currently leased, while the other buildings have been vacant since the Navy’s departure in 1995.

CONCLUSION:

The requested contract and scope of services will assist the City in developing a repair plan for these historic structures to mitigate the further deterioration of these buildings and ensure there is no significant loss of integrity of these historic structures while rehabilitation of these structures can take place.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Sole Source
Attachment 3 – Winehaven National Register Historic District 2010 Emergency Stabilization Assessment
Attachment 4 – Winehaven National Register Historic District 2012 Annual Condition Assessment

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.

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

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

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:

Wiss, Janney, Elstner Associates, Inc.
2000 Powell Street, Suite 1650
Emeryville, California 94608
510.428.2907 tel
www.wje.com

Atlanta | Austin | Boston | Chicago | Cleveland | Dallas | Denver | Detroit | Doylestown | Honolulu | Houston | Indianapolis London | Los Angeles | Milwaukee | Minneapolis | New Haven | Northbrook (HQ) | New York | Philadelphia | Pittsburgh Portland | Princeton | Raleigh | San Antonio | San Diego | San Francisco | Seattle | South Florida | Washington, DC

February 8, 2023
Mr. Craig K. Murray, SR/WA
Development Project Manager II
City of Richmond
450 Civic Center Plaza
P.O. Box 4046
Richmond, CA 94804-1630
Historic Resource Stabilization – City of Richmond, CA
Point Molate and the Cafeteria at Shipyard Number Three WJE No. 2022.7498

Dear Mr. Murray:

Wiss, Janney, Elstner Associates, Inc. (WJE) is pleased to submit this proposal to the City of Richmond (City) to provide architectural and structural consulting services for evaluation and stabilization of the buildings at two sites in the City of Richmond.

Background
Point Molate
The project area at the Point Molate site contains 28 cottages (buildings 31 through 54 and 56 through 59), a Winemaster’s House (building 60), and a Fire Station (building 63). The buildings were originally constructed in multiple periods between 1910 and 1919, with some buildings including more recent additions and modifications. The buildings are contributing resources located within the larger Winehaven Historic District. The buildings are typically constructed of wood framed walls and roofs with concrete foundations. The building enclosure of the cottages and Winemaster’s House include stucco and painted wood siding, composite shingle roofing and wood gutters. There may be wood shingles under the stucco.

The Fire Station enclosure is constructed of corrugated metal siding, composite shingle, and low-slope built-up roofing. The Fire Station is currently leased, while the other buildings have been vacant since the Navy’s departure in 1995. The property has been recently purchased by the Guidiville Rancheria of California; however, we understand the City of Richmond is responsible for maintaining the buildings.

The Cafeteria Building at Shipyard Number Three
The Cafeteria Building was constructed at Richmond Shipyard Number Three in 1943 and is a contributing resource within the Richmond Shipyard Number Three Historic District. Available original construction documents indicate that the building’s use and floor plan were revised multiple times, unlike most of the other buildings at the shipyard. The one-story wood-framed building is clad with painted wood siding and has gravel-surfaced bituminous low-slope roofing.

WJE has previously documented the Cafeteria Building as part of a Historic Structures Report for the overall Richmond Shipyard Number Three. We understand that the City of Richmond is responsible for

Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023

maintaining the Cafeteria building and has a larger goal of rehabilitating and adaptively reusing the building.

Project Objectives
Except for the Fire Station, the buildings at both sites are vacant and their building enclosure materials are generally deteriorated and are damaged in numerous locations, allowing water and animal intrusion and continued deterioration of historic materials. The overall goals of these two projects are as follow:

Investigation Phase
 Assess the condition of the buildings at the two sites, focusing on their structure and building enclosures.
 Determine what temporary shoring, structural, and enclosure repairs are recommended to mitigate the further deterioration of these buildings for a period of approximately five years (or possibly longer for the Cafeteria).

Design Phase
 Design the recommended repairs and prepare Construction Documents suitable for obtaining construction permits and publicly bidding the projects.

Construction Phase (Not included in this proposal)
 Assist in the selection of contractors and perform Construction Administration during the installation of the repairs to stabilize the buildings and mitigate further deterioration.

The City has requested that WJE include budgets for the investigation phase and preliminary budgets to begin the design phase promptly after completing the investigation while the final design phase scope s and budgets are adjusted to account for the conditions observed during the investigation.

Scope of Services
WJE proposes the following scope of services for the buildings at the two sites. Our scope will focus on the buildings’ primary structural and building enclosure elements. Budgeted allowances are provided in parentheses, where applicable.

Investigation Phase

1. Visit the project sites to investigate and document the condition of the exterior and interior of each building to identify deterioration of the primary structural and enclosure components that appear likely to lead to significant loss of integrity over the next five years. If attic or crawlspace hatches are present, we will make observations within the attic and crawlspace from the hatch openings and any readily accessible areas. (Pt. Molate: team of 2 for 11 days) (Cafeteria: team of 2 for 2 days)

2. Prepare a report for each site (two total) documenting pertinent observations from our site visit, including conceptual-level recommendations for shoring, repair, and short-term protection of up to five years. We will note conditions that may require prioritized intervention; and will present multiple stabilization approaches and discuss their relative advantages and disadvantages, where applicable.

Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023

We may recommend further investigation of areas that are inaccessible during our site visits or that may require safety upgrades to access.

3. Provide additional consulting services for correspondence or meetings to discuss our observations and recommendations with interested parties identified by the City. (Pt. Molate: 20 hours) (Cafeteria: 10 hours)
Design Phase

1. Perform additional site visits to the project sites to collect detailed documentation and measurements to inform the design of stabilization repairs and preparation of Construction Documents. (Pt. Molate: team of 2 for 3 days)
(Cafeteria: team of 2 for 1 day)

2. Prepare a set of Construction Documents for each project site (two sets total). The Construction Documents will incorporate Division 1 specification sections provided by the City and modified to suit the project by WJE, technical specification sections, and repair drawings. The Construction Documents will be at a sufficient level of detail to obtain construction permits and to publicly bid the work to contractors.

3. Provide additional consulting services for correspondence or meetings to discuss the stabilization design and Construction Documents with the City and other relevant parties. (Pt. Molate: 20 hours) (Cafeteria: 10 hours)
Assumptions and Clarifications
This proposal is based on the following assumptions and clarifications:
 The City will provide all existing information about hazardous materials known or suspected to exist on the site. The City will engage a Certified Industrial Hygienist to test materials and provide specifications for the handling and disposal of materials known or suspected at the site that could be affected by the proposed investigation or stabilization work.  The City will provide all available drawings of the sites and buildings for our use in preparing field sheets for our investigation and for preparing repair drawings. We do not know whether drawings of the Point Molate buildings are available. Our current understanding is that basic drawings of the Cafeteria are available.
 The City will provide access to all of the buildings’ interiors and accessible crawlspaces and attics.  Windows and doors of the vacant structures that have been protected with plywood at the exterior will not be observed from the exterior.
 Our proposed scope of services does not include evaluation of risk from systems other than the structural and building enclosure systems described in our proposed scope of work. Our scope of services does not include evaluation of fire/water service, electrical, site safety, geotechnical hazards, biological hazards, or hazardous materials that are not affected by the proposed stabilization work.

Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023

 Our proposed scope of services does not include assessment of historic components of the buildings to determine their historic significance. In general, we will assume that all existing elements of the buildings are potentially significant and will be included in the stabilization scope. Where we do identify components that are not historic, they may be treated differently.  Our proposed Design Phase scope includes preparing limited drafted floor plans and elevation drawings—to the extent needed to convey the scope of repair work and to administer the Construction Phase. We intend to utilize annotated photographs, tabular schedules, and unit price quantity allowances where possible to simplify the Construction Documents. Detailed plans and elevations, as would be produced for full building rehabilitations or as part of a HABS survey, are not included in our proposed scope of services.
 The amount of effort that will be required to complete the Design Phase is not fully known at this early stage in the project. The preliminary Design Phase budget proposed below is based on our current limited understanding of the condition of the buildings, and on our experience designing stabilization repairs for similar buildings. After the Investigation Phase is complete, WJE will provide a revised Design Phase budget based on the actual site conditions we observe, if required.  We understand that the City may approve a portion of the proposed Design Phase budget as part of our preliminary budget and will revise this after the Investigation Phase is complete, when we can provide a refined Design Phase budget.
 Once we complete the Design Phase, WJE can provide a proposal with a recommended budget for Bid Phase and Construction Phase services for the two projects, if requested.

Schedule
We anticipate that the Investigation Phase will take approximately three months to complete and that the Design Phase will take between three and five months to complete, depending on the complexity of the documents.

Compensation
WJE proposes to provide the services described above on a time-and-expense basis, billed at our standard hourly rates in effect at the time services are provided. Based on our current understanding of the condition of the buildings and the anticipated amount of stabilization repair, we recommend a preliminary budget of $246,000. We will not exceed the proposed budget without your written approval.

An approximate breakdown of our proposed scope, budget, and our current hourly rates, are provided in the following tables. Fees not expended in one phase will be allocated to subsequent phases.

Phase Point Molate The Cafeteria Total
Investigation Phase $70,000 $24,000 $ 94,000
Design Phase $108,000 $44,000 $152,000
Total: $178,000 $68,000 $246,000

Mr. Craig K. Murray, SR/WA
City of Richmond
February 8, 2023

Hourly Billing Rates
Principal $350.00
Associate Principal $300.00
Senior Associate $270.00
Associate III $240.00
Associate II $200.00
Our services will be provided in accordance with the attached Terms and Conditions for Professional Services, which are a part of this proposal. If services beyond those described in the scope of services above are requested, they will be performed as additional services, billed on a time and expense basis in addition to our approved budget.

Closing
If this proposal is acceptable, please return a countersigned copy to us as our authorization to proceed or provide a consultant agreement for our review. Should you have any questions or require additional information, we would be happy to discuss this project further at your earliest convenience.

Sincerely,
WISS, JANNEY, ELSTNER ASSOCIATES, INC.

Aaron Weiss
California Licensed Architect: C-35656

Senior Associate

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

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:

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

EXHIBIT D

GENERAL CONDITIONS

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

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

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

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

General Conditions/EJ/TE 01-19-11 2 of 13

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

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

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

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

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.

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.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

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:

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

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.

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.

General Conditions/EJ/TE 01-19-11 6 of 13

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

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.

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

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.

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

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.

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

General Conditions/EJ/TE 01-19-11 10 of 13

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.

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

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.

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.

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):

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.

___ 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.

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 coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

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

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

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.

___ 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 R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

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.

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.

___ 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.

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

Insurance certificates and endorsements may be faxed to the Designated Project Manger. 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.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:

CERTIFICATE NUMBER:

COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY
AUTOS

AUTOS ONLY

NON-OWNED

SCHEDULED
OWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER
LIMITS
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBER

TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB
$

EACH OCCURRENCE
$

AGGREGATE
$
OCCUR

CLAIMS-MADE
DED

RETENTION
$
$

PRODUCTS - COMP/OP AGG
$

GENERAL AGGREGATE
$

PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$

EACH OCCURRENCE

DAMAGE TO RENTED
$
PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PRO-
JECT
LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/9/2023
Greyling Insurance Brokerage
3780 Mansell Road, Suite370
Alpharetta, GA 30022
847-753-7211 847-291-9371
Nat'l Union Fire Ins Co of Pittsburgh, PA 19445
Travelers Prop Casualty Co of America 25674
New Hampshire Ins. Co. 23841
A 1,000,000GL9566221 4/1/2022 4/1/2023
500,000
✓
25,000
✓
1,000,000
✓Contractual Liability
2,000,000
2,000,000
A CA5721463 4/1/2022 4/1/2023 2,000,000
✓
✓ ✓
✓Comp/Coll $250/$500 ded.

B CUP2T45283622NF 4/1/2022 4/1/2023✓✓
✓
✓ 10,000
C WC015853342 (AOS) 4/1/2022 4/1/2023 ✓
C WC015853341 (CA) 4/1/2022 4/1/2023 1,000,000N
1,000,000
1,000,000
Matias Ormaza
Sam Barbera
[email protected]
✓
✓
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
330 Pfingsten Rd.

Northbrook IL 60062
72950762
✓
✓
✓
✓
City of Richmond
P O Box 4046
2600 Barrett Avenue
Richmond CA 94804
WJE No. 2022.7498 - Point Molate Cottages
Additional Insured: The City of Richmond, its officers, officials, employees, agents and volunteers $5,000,000
$5,000,000
✓
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 1 of 6

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:

CERTIFICATE NUMBER:

COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY
AUTOS

AUTOS ONLY

NON-OWNED

SCHEDULED
OWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER
LIMITS
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBER

TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB
$

EACH OCCURRENCE
$

AGGREGATE
$
OCCUR

CLAIMS-MADE
DED

RETENTION
$
$

PRODUCTS - COMP/OP AGG
$

GENERAL AGGREGATE
$

PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$

EACH OCCURRENCE

DAMAGE TO RENTED
$
PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PRO-
JECT
LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/9/2023
Greyling Insurance Brokerage
3780 Mansell Road, Suite370
Alpharetta, GA 30022
847-753-7211 847-291-9371
Matias Ormaza
Sam Barbera
[email protected]
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
330 Pfingsten Rd.

Northbrook IL 60062
72950778
City of Richmond
P O Box 4046
2600 Barrett Avenue
Richmond CA 94804
WJE No. 2022.7498 - Point Molate Cottages
A Professional Liability C30FA8230201 1/1/2023 1/1/2025 (Claims Made)
Beazley America Insurance Company, Inc. 16510
$1,000,000 Per Claim
$1,000,000 Annual Aggregate
72950778 | 23/25 PL Only | Sam Barbera | 2/9/2023 2:08:09 PM (CST) | Page 1 of 1

ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

Subject to the terms, conditions, limitations and exclusions of the policies evidenced herein: The above are included as Additional Insureds when required by written contract with the Named Insured under the general liability including ongoing operations and products/completed operations and auto liability, but only with respect to services provided by the Named Insured, regarding the referenced project.

Excess/ Umbrella Liability policy follows form.

When agreed in written contract, coverage is provided on a primary and non-contributory basis, subject to the terms and conditions of the policies.

Where required by written contract Waiver of Subrogation is afforded the Additional Insureds under Workers Compensation subject to the terms and conditions of the policy.

Greyling Insurance Brokerage Wiss, Janney, Elstner Associates, Inc Attn: Sam Barbera
330 Pfingsten Rd.

Northbrook IL 60062
25 Certificate of Liability (03/16)

ADDENDUM
HOLDER:

ADDRESS:

City of Richmond
P O Box 4046 2600 Barrett Avenue Richmond CA 94804
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 2 of 6

POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Insurance Services Office, Inc., 2018CG 20 10 12 19 Page 1 of 2 A. Section II 6 Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury"
or "property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or

2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN
PER THE CONTRACT OR AGREEMENT.

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU
HAVE ENTERED INTO.
2/9/2023
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
GL9566221
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 3 of 6

Insurance Services Office, Inc., 2018Page 2 of 2 CG 20 10 12 19 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits
of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 4 of 6

POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

ANY PERSON OR ORGANIZATION

WHOM YOU BECOME OBLIGATED

TO INCLUDE AS AN ADDITIONAL INSURED

AS A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO.

PER THE CONTRACT OR AGREEMENT.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 1 1 2/9/2023
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
GL9566221
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 5 of 6

2/9/2023
Wiss, Janney, Elstner Associates, Inc
Attn: Sam Barbera
04/01/2022
New Hampshire Ins. Co.

WC015853341 (CA)
72950762 | 22/23 GL AU UMB WC | Sam Barbera | 2/9/2023 2:07:28 PM (CST) | Page 6 of 6

WINEHAVEN NATIONAL REGISTER HISTORIC

DISTRICT, POINT MOLATE
Emergency Stabilization Assessment

Richmond, California

Final Report
July 20, 2010
WJE No. 2010.1285

Prepared for:

City of Richmond Planning Division
450 Civic Center Plaza, 2nd Floor
PO Box 4046
Richmond, California 94804

Prepared by:

Wiss, Janney, Elstner Associates, Inc.
2000 Powell Street, Suite 1650
Emeryville, California 94608
510.428.2907 tel | 510.428.0456 fax

TABLE OF CONTENTS

Introduction ................................................................................................................................................... 1 Building 1 .................................................................................................................... ................................. 3 Masonry section ............................................................................................................... ...................... 3 Conditions ........................................................................................................................................ 3 Recommendations ............................................................................................................................ 3 Wood Frame Section .............................................................................................................................. 3 Conditions ........................................................................................................................................ 3 Recommendations ............................................................................................................................ 4 Concrete Section ..................................................................................................................................... 4 Conditions ........................................................................................................................................ 4 Recommendations ............................................................................................................................ 4 Building 6 .................................................................................................................... ................................. 4 North Section .......................................................................................................................................... 4 Conditions ........................................................................................................................................ 4 Recommendations ............................................................................................................................ 5 Center Section ........................................................................................................................................ 5 Conditions ........................................................................................................................................ 5 Recommendations ............................................................................................................................ 5 South Section .......................................................................................................................................... 5 Conditions ........................................................................................................................................ 5 Recommendations ............................................................................................................................ 5 Building 10 ................................................................................................................... ................................ 6 Conditions ........................................................................................................................................ 6 Recommendations ............................................................................................................................ 6 Building 13 ................................................................................................................... ................................ 6 Conditions ........................................................................................................................................ 6 Recommendations ............................................................................................................................ 6 Building 17 ................................................................................................................... ................................ 6 Conditions ........................................................................................................................................ 6 Recommendations ............................................................................................................................ 7 Building 63 ................................................................................................................... ................................ 7 Conditions ........................................................................................................................................ 7 Recommendations ............................................................................................................................ 7 Winemaker’s House ...................................................................................................................................... 7 Conditions ........................................................................................................................................ 7 Recommendations ............................................................................................................................ 7 Stabilization Priority ..................................................................................................................................... 8

APPENDIX 1 PHOTOGRAPHS

APPENDIX 2 PERFORMANCE SPECIFICATION: SHORING
APPENDIX 3 SHORING DIAGRAMS

WINEHAVEN NATIONAL REGISTER HISTORIC DISTRICT

POINT MOLATE
Emergency Stabilization Assessment

INTRODUCTION
The Winehaven Historic District is listed on the Nati onal Register of Historic Places. Thirty-five of the original buildings are still extant, although all have suffered various amounts of deterioration. WJE was asked to investigate the most significant buildings fo r unsafe or dangerous conditions as described by the Richmond Municipal Code, and to develop a concep tual stabilization plan that addresses the most immediate hazards.

WJE did not be perform a full conditions survey, but limited its focus to those conditions that pose an immediate hazard. The investigation consisted of re view of previous conditions reports including the Point Molate-Draft Environmental Impact Statemen t, Appendix E: Historic Buildings Structural Conditions Assessment, and the Point Molate Building 6 Conceptual Assessment; and a field reconnaissance of the listed buildings to identi fy unsafe and dangerous conditions. The following buildings were investigated:

Building 1 Wine Cellar/Storage
Building 6 Wine Cellar/Administration
Building 10 Warehouse
Building 13 Power House
Building 17 Work Shop/Storage
Building 63 Storage/Fire Station
Building 60 Winemaster’s House

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

BUILDING 1
Building 1 was constructed in three distinct sections ; a two story, steel framed building with masonry infill, and concrete floors and roof deck located at the south end; a one-story concrete structure with a heavy timber roof to the north; and a two story, wood frame section that fills the corner between the other two sections at the northeast (Figure 1).

Masonry section
Conditions
The exterior brick masonry is gene rally in good condition, however ther e were a few areas of distress noted. The circular turrets located at the corners of the projected bays at the north and south ends building exhibit some vertical cracking. There is vegetation growing from the top and loopholes in the sides of the turrets at most locations. The terra cotta soffit pa nels are cracked or dislodged in numerous locations (Figure 2). All of the damage is likely the result of corrosion of the internal steel frame. In the brick wall below the turrets, there appears to be a steel colu mn embedded in the brick wall. The steel columns appear to be corroded, causing cracking and spalling of the exterior brick near the corner (Figure 3).

The east side of the masonry section there is a loadi ng dock that extends the full length of the building, terminating at the wood frame section (Figure 4). Th e loading dock is concrete, and the roof over the loading dock is steel framed. The steel roof framing is supported within the exterior brick wall. At one of the supports, the brick is spalling, indicating po ssible corrosion of the connection within the wall (Figure 5). The concrete loading dock has experience d settlement; the worst settlement is about 7 inches at the north end of the concrete loading dock.

On the interior of this portion of the building is al so in generally good condition. The basement of this section has a concrete slab with a raised wood floor. There is a section of the wood floor in the southern section that is decayed. The sump near the stair and el evator is filled with water. At the ceiling of the partial third story there is evidence that the roof h as leaked, causing corrosion of the reinforcing steel in the roof and subsequent spalling of the concrete roof deck, in some cases exposing reinforcing bars (Figure 6).

Recommendations
The only condition that should be immediately addressed is the cracking of the masonry in the turrets at the corners of the building bays. Additional cracking resulting from the continued corrosion of the steel elements could result in the loss of the turrets. We recommend the placement of steel banding at each of the turrets to prevent further displacement.

Wood Frame Section
Conditions
This section of the building is partially two stories. The roof is in very poor condition, and portions of the gutters have pulled away from the building (Figur e 7). A large section of the second floor roof has collapsed (Figure 8). There are sections of the wood joists and wood deck that are only partially supported by the wood trusses (Figure 9). In addition, a portion of the exterior wall has collapsed.

The wood frame section also has a loading dock on th e east side. The roof over this section of loading dock is wood framed. The base for one of the outboar d posts supporting the loading dock roof has failed

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

due to decay, causing the post to drop (Figure 10). Th is has caused the loading dock roof to partially collapse, and to pull away from the building (Figure 11).

No access to the interior of this section was available, but portions of the interior were visible from the exterior where the structure has collapsed.

Recommendations
The unsupported portions of wood frame roof at th e second story and at the loading dock are of immediate concern. We recommend that at the building roof, the wood joists that are partially supported by the roof trusses be removed. At the loading dock, the roof should be removed, or braced and shored.

Concrete Section
Conditions
There is some cracking of the concrete wall at the north end of the building (Figure 12). The roof has failed, and water intrusion is significant in this portion of the building. A large section of the wood framed roof has collapsed, likely due to the water intrusion and the subsequent decay of the wood framing (Figures 13 and 14). There are signs of extensive water intrusion in the remaining portion of the roof, especially at the two area sloped to provide drainage at the west edge. Many of the roof girders and joists are heavily water stained, and there has been crushi ng of the wood corbels at the top of three of the columns in these locations (Figure 15). A number of columns to the north of the collapsed roof are distressed; one column has decayed at the base, and shifted off of its support. (Figure 16), an adjacent column is split at the base, and the concrete pier has eroded (Figure 17), an additional column has shifted off center of the concrete base (Figure 18).

Recommendations
Sections of the roof deck framing that have collap sed, or are only partially supported, should be removed.

The roof frame in the drainage areas should be sh ored, especially at the columns exhibiting crushed beams and corbels. The columns that have shif ted at the base should be re-centered and braced.

See shoring diagram Appendix 3.

BUILDING 6
This building is comprised of three sections, constructe d at different times; a one story concrete structure with a wood truss roof, and which is divided into two sections by a concrete wall that extends through the roof; a second one story section of similar construction, attached to the south of the first; and a two story concrete structure with wood frame floor and roof at the south (Figure 19).

North Section
Conditions
The north end appears to have been the original sec tion of the building, based on the appearance of the parapet walls. It is divided into two sections as noted above. The exterior walls, and the center dividing wall are constructed of reinforced concrete and the roofs are wood framed with a wood ceiling. The concrete is severely deteriorated and spalling and exposing reinforci ng steel at numerous locations. This condition is most severe at the crenulated parapet (Fi gure 20). There are several sections of the roof that have collapsed; the northeast and northwest corner of the north section (Figure 21), and the southeast and

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

southwest corner of the center section (Figures 22). In addition, there are numerous areas where the wood ceiling has collapsed or is severely decayed and is sagging (Figure 23). There was granular insulation between the ceiling and the roof, and the collapse of th e roof has spilled this insulation on the floor. It appears that leaking water through the roof has collected in the insulation, adding significant weight to the ceiling while also causing decay of the ceiling framing.

Recommendations
The roof and ceiling collapse are the immediate concerns . The task is to prevent further collapse and still retain as much of the original fabric as possible. All portions of the roof and ceiling that have collapsed or are only partially supported should be removed. To accomplish this, it will first be necessary to shore the center section of each roof section to provide a place from which to safely operate. After initial shoring of the structure, the portions of the ceiling that have co llapsed, are sagging, or are otherwise only partially supported, should be removed. Add itional shoring should be installed as necessary to proceed safely. If any portions of ceiling remain intact, they should be retained, and the granular insulation should be removed from those areas. Concurrent with rem oval of the ceiling, the collapsed and partially unsupported portions of the roof should be removed, leaving as much of the roof structure as possible.

Center Section
Conditions
The center portion of the building is also constructe d with concrete walls a nd a wood framed roof. The eastern half of this section has an elevated floor. The roof has numerous leaks, but since there is no ceiling in this area, moisture has not been trapped a nd there has been no collap se. It also appears that many of the columns supporting the roof framing have been relocated and the roof girders have been retrofitted with splices to span to the new column locations (Figure 24).

Recommendations
It is recommended that the girders be temporarily shored where the columns have been relocated. See shoring diagram Appendix 3.

South Section
Conditions
The south section of the building is two-stories tall wi th exterior concrete walls and wood floors and roof.

The second floor framing is sloped for drainage and there are wood-framed trough built into the floor for collecting liquid. Many of these troughs have extensive leakage stains below (Figure 25). Portions of the wood roof decking have been replaced, particularly in the areas designed for drainage, indicating previous roof failure, and possible replacement.

Recommendations
There are no recommendations for emergency stabilization of this portion of Building 6.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

BUILDING 10
Conditions
This structure is comprised of three sections built at various times with different structural systems.

The southern section of the building is construc ted of brick walls and a steel-framing supporting a concrete roof. The steel framing is encased in ceme nt plaster. There has been some leaking through the roof, which has led to corrosion of the reinforcing in the roof slab and some concrete spalling (Figure 26).

In addition, one section of plaster encasing a steel beam has fallen, apparently due to corrosion of the steel beam and saturation of the stucco.

The central section of the building is constructed with steel framed roof trusses supported on steel columns. The exterior walls and roof are constructe d of wood studs and roof joists, and the walls are sheathed with corrugated sheet metal. The steel truss at the south e nd of this section has two diagonal members that have been cut and removed (Figure 27). The corrugated metal roof has numerous holes due to significant corrosion (Figure 28).

The north section of the building has wood framed wa lls and roof. The exterior walls and roof are sheathed with corrugated metal panels. At the north end of the west wall, a section of the exterior wall is missing. Along the north wall near the missing section of the west wall, the wood ledger beam supporting the roof joists is decayed and has lost its support (Figure 29).

Recommendations
We recommend that the ledger at the north wall be braced.

BUILDING 13
Conditions
The main portion of the building is constructed with exterior brick walls and a wood-framed roof. There were originally two lines of trusses running east-west, supported by center posts. The northwest portion of the roof has collapsed, including on e of the trusses (Figure 30). The remaining truss along the south edge of the collapsed section is noticeably twisted (Figure 31).

On the north side of the original building, there is an addition constructed of co ncrete perimeter walls, an interior brick wall, and a wood-framed roof. This structure appears to be in fair condition.

Recommendations
We recommend shoring the roof currently supported by the truss adjacent to the collapsed portion of roof.

In addition, the west wall of the building adjacent to the roof collapse should be braced with diagonal struts against out-of-plane failure. It is anticipated that the north wall in the same area will be adequately supported by the addition. See shoring diagram Appendix 3.

BUILDING 17
Conditions
This is a one-story building constr ucted with wood-framed walls and r oof with a concrete floor slab, corrugated metal siding panels a nd a wood sheathed roof (Figure 32). Along the south side of the building, the wood columns supporting the roof bear on a concrete strip footing. Along the north side, the

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

columns are supported on isolated concrete footings. There is evidence of settleme nt of the footing near the center of the north side (Figure 33). One of the co lumns is no longer in contact with this footing, and this portion of the wall is unsupporte d. The concrete floor slab has ex tensive cracking and indications of settlement (Figure 34). The largest crack is parallel to the south wall and is about 1 inch wide.

Recommendations
Although there is significant settlement in the fo undation and slab, there are no immediate hazards created, and we have no recommendations for emergency stabilization of this structure.

BUILDING 63
Conditions
This building was used as the fire station and is mo stly a one-story building with wood-framed walls and roof. The central section of the building has a gabled roof and the roof on either side is flat. There is a second floor in the central section at the east end that was used as the bunkhouse. The northern section has numerous roof leaks. The gypsum board ceiling and walls in the northern section are moldy and the area has a musty smell. Portions of the gypsum board have collapsed and some of the fiberglass insulation appears saturated. There are leaks in the roof of th e southern section of the building and the framing is water stained. Below the roof leaks, there is a raised wood platform that is soaked and decayed.

Recommendations
There are no recommendations for emergency stabiliza tion of Building 63. It would be advisable to remove the saturated gyp board and insulation to prevent further mold and decay of the roof framing.

WINEMAKER’S HOUSE
Conditions
The winemaker’s house is a two-story, wood framed st ructure. The exterior sheathing appears to have been originally sheathed with wood shingles and then stucco was applied over the shingles. There is no evidence of structural deterioration of this building.

Recommendations
There are no recommendations for emergency stabilization of the Winemaker’s House.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

STABILIZATION PRIORITY
All of the conditions noted in this report are iden tified as immediate hazards, and all of the recommended stabilization measures should be implemented in an e xpedited manner. However, availability of funds for addressing the stabilization recommendations may require setting an order of implementation. To assist in the scheduling of work, we have listed the hazardous conditions in order of priority below:

1. Remove collapsed roof and ceiling sections and shore damaged roof and ceiling in north wings of Building 6.

2. Remove collapsed roof and shore damaged portions of roof at concrete wing of Building 1.

3. Shore brick wall and distressed roof section at Building 13.

4. Remove collapsed roof at second floor and loading dock of wood frame wing of Building 1.

5. Shore inadequately supported portions of roof at center wing of Building 6.

6. Band displaced sections of turrets at Building 1.

7. Brace unsupported section of roof at Building 10.

8. Remove the saturated gyp board and insulation from the roof framing at Building 63.

APPENDIX 1

PHOTOGRAPHS

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 1.

Figure 2.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 3.

Figure 4.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 5.

Figure 6.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 7.

Figure 8.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 9.

Figure 10.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 11.

Figure 12.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 13.

Figure 14.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 15.

Figure 16.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 17.

Figure 18.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 19.

Figure 20.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 21.

Figure 22.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 23.

Figure 24.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 25.

Figure 26.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 27.

Figure 28.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 29.

Figure 30.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 31.

Figure 32.

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010

Figure 33.

Figure 34.

APPENDIX 2

PREFORMANCE SPECIFICATION

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Page A2-1

PERFORMANCE SPECIFICATION

SHORING

PART 1 GENERAL

1.1 DESCRIPTION
A. The work of this section consists of the design and installation of shoring to stabilize certain areas of the following structures and prevent further deterioration or damage to the historic features. The shoring is intended to remain in place until permanent repairs to the buildings are designed and implemented.

1. Building 1 - several locations of roof and masonry turrets

2. Building 6 - north section and central section roof

3. Building 10 - north end wall

4. Building 13 - main building roof and masonry wall

1.2 SUBMITTALS
A. Before commencing the work of this Section submit the following:

1. Product Data: Submit product data indicating the type of shoring to be used on the Project, and the safe load-carrying capacity for the shoring for the heights and lengths of the shoring components to be used on the Project.

2. Shop Drawings: Submit shop drawings showing the location, distribution, and quantity of shoring to be provided at locations to be shored and the details for attaching the shores to the existing building elements. The shop drawings shall be prepared by a California licensed Professional Engineer or Structural Engineer (the Engineer-of-Record for the shoring), and shall be identified as such by a stamp on the shop drawings.

3. Safety Plan: Submit a safety plan for the work describing the procedures for ensuring safe access to the site. Include sequence information.

B. Field review of installed shoring: Submit letter sealed by the Engineer-of-Record for the shoring indicating that the installation of the shoring is consistent with the approved shop drawings.

1.3 REFERENCES
B. Regulations

1. Occupational Safety and Health Administration (OSHA) 1) Code of Federal Regulations, Title 29, Chapter 17, Department of Labor, Part 1926, “Safety and Health Regulations for Construction, subpart L,” 1997, Washington, D.C.

2. California Occupational Safety and Health Standards (CALOSHA)

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Page A2-2

2) California Code of Regulations, Title 8, Section 1717 Subchapter 4. Construction and Safety Orders, Article 29. Erection and Construction, § Falsework and Vertical Shoring.

C. Reference Standards: All standards latest edition as of the date of Contract Award.

1. American Concrete Institute (ACI)
3) ACI 301 - Specifications for Structural Concrete for Buildings 4) ACI 318 - Building Code Requirements for Structural Concrete 5) ACI 347 - Guide to Formwork for Concrete

2. American National Standards Institute (ANSI)
6) “American National Standard for Construction and Demolition Operations - Concrete and Masonry Work Safety Requirement.” ANSI A10.9-1997 (R2004)

3. American Forest & Paper Association (AF&PA)
7) ANSI / AF&PA NDS-2005 “ASD/LRFD National Design Specification for Wood Construction”

4. American Society of Civil Engineers (ASCE)
8) “Design Loads on Structures During Construction” ASCE 37-02

1.4 SYSTEM DESCRIPTION
D. Performance Requirements

1. The existing structural wall and roof framing shall be designed to span between new shoring and existing structural supports to resist the required loads as described below.

2. Shores shall be designed to carry the full weight of the floor system and framing elements on which work is being performed plus the following live loads associated with construction activity:
a. Flat roofs: 20 pounds per square foot
b. Floors: 50 pounds per square foot

3. The shoring for walls and vertical elements designated for shoring shall be designed to resist wind loads:
a. Pressure on the windward projected area: not less than 10 pounds per square foot b. Suction on the leeward projected area: not less than 10 pounds per square foot

4. Cracked masonry turrets at Building 1 shall be wrapped to prevent the existing masonry from becoming dislodged. Minimum capacity of supplemental wrapping shall be 5000 pounds tension per foot of height of the turret.

5. Shoring shall be designed in a manner that it can be installed and removed without damaging the exterior surface of the buildings.

6. Structural capacities of existing elements shall be calculated using the 2007 California Building Code and the following referenced standards:
a.

ANSI / AF&PA NDS-2005 - “ASD/LRFD National Design Specification for Wood Construction”

Winehaven National Register Hi storic District, Point Molate Emergency Stabilization Assessment
July 20, 2010
Page A2-3

b. ACI 318 - Building Code Requirements for Structural Concrete c. ANSI/AISC 360-05 - “Specification for Structural Steel Buildings” E. Shoring shall be provided to temporarily support the structural elements whose support, reinforcing, or cross-section is to be removed, rendered ineffective, or significantly diminished by demolition or existing deterioration.

F. The Contractor shall be responsible for the design of the shoring system, including layout of shoring locations.

G. The shoring system shall be supported to grade unless the floor system or framing elements below are shown to have sufficient capacity to support the reactions from the shoring.

H. Timber cribbing shall be provided where required to distribute shoring reactions into the floor slab or framing elements below, and shims provided as appropriate to eliminate concentrations of load coming into the shoring from the structural element being supported.

I. Shoring shall be in place prior to the removal of adjacent deteriorated elements.

PART 2 PRODUCTS

2.1 MANUFACTURED COMPONENTS
J. Shores shall be steel or aluminum post shores, steel or aluminum frames, or other prefabricated assemblies with an allowable load capacity sufficient to support the calculated shoring loads at the spacing and positioning shown in the shop drawings.

K. Shoring supporting vertical loads shall be adjustable through positive means, such as by adjustable screw jacks, in order to achieve a tight fit against the underside of the supported element and compensate for elastic shortening of the shores during their loading and other effects.

L. Proprietary shoring systems shall include all necessary components for proper installation of the shoring system in accordance with the manufacturer’s recommendations. All such components shall be undamaged.

2.2 ACCESSORIES
M. Bracing shall be sections intended for use with the manufactured assemblies provided, or an approved structural section.

N. Cribbing shall be timber sections with a minimum cross-section of 3-1/2 inch by 3-1/2 inch and sufficient length to distribute shoring reactions into the supporting structural element below.

O. Shims for reducing load concentrations at bearing points.

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July 20, 2010
Page A2-4

PART 3 EXECUTION

3.1 EXAMINATION
A. Prior to any work, perform the following operations:

1. Survey all areas designated for shoring to verify the existing conditions and to identify structurally sound framing to which the shoring can be attached. a. Building 1
1) Collapsed roof at the wood frame portion of the structure at the northeast corner
2) Collapsed roof at the concrete wall with wood framed roof portion at the northwest corner
3) Inadequately supported roof at the wood frame portion of the loading dock on the east side
4) Cracked turrets at the masonry exterior wall
b. Building 6
1) Collapsed roof at the one-story concrete wall with wood framed roof and wood framed ceiling portion at the north end
2) Collapsed roof at the one-story concrete wall with wood framed roof without ceiling at the central portion.
c. Building 10
1) Inadequately supported wood framing at north end wall d. Building 13
1) Collapsed roof framing at main section of the building 2) Unsupported masonry wall along the west side of the building

2. Prepare and submit a shoring plan to the Owner to address:
a. Work sequence and schedule
b. Plumbing, electrical and other services that require relocation, disconnection, or supplemental support.

B. Identify any areas of decay or deterioration that would affect the capacity of the existing structure to resist the loads due to shoring.

3.2 DESIGN
P. Design shoring in accordance with regulations and reference standards.

3.3 INSTALLATION
Q. Proceed with caution. Install shoring in an incremental sequence as necessary, ensuring that an area where work is being performed is adequately stabilized prior to proceeding.

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July 20, 2010
Page A2-5

R. Construct the shoring in accordance with the approved shop drawings at designated locations.

The workmanship shall be of such quality that the shoring will support the imposed loads without excessive settlement or deflection.

S. Proprietary shoring systems shall be assembled using only the components supplied by the system manufacturer. Such systems shall be installed in accordance with the manufacturer’s recommendations.

T. Shores shall be installed snug, plumb, and square. Adjust shores as necessary to ensure a tight fit against the structural element to be supported. Minimize differential leg loading of vertical shoring systems.

U. Shoring shall bear uniformly on the supporting structural element. Provide shims or cribbing as necessary to ensure sufficient distribution of forces into the supporting elements. If more than one layer of cribbing is required, each successive layer shall be laid perpendicular to the preceding layer.

V. Shores shall be effectively cross-braced to prevent buckling failure of individual members and overall shoring stability failure.

W. The installation of the shoring shall be verified in the field by the Engineer-of-Record for the shoring. Any deviations identified by the Engineer shall be corrected by the Contractor.

END OF SECTION

APPENDIX 3

SHORING DIAGRAMS

Roof collapsed
- remove
debris
Shore girders, Typical
shaded areas
Shore girders - Typical
shaded areas
Realign post
Realign post
Building 1 Concrete Section Shoring Diagram
N

WINEHAVEN NATIONAL REGISTER HISTORIC

DISTRICT
2012 Annual Condition Assessment
Point Molate
Richmond, California
Final Report
October 2, 2012
WJE No. 2011.4615
Prepared for:

Mr. Joel Camacho
City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
Prepared by:

Wiss, Janney, Elstner Associates, Inc.
2000 Powell Street, Suite 1650
Emeryville, California 94608
510.428.2907 tel | 510.428.0456 fax
Attachment 4

TABLE OF CONTENTS

Background ................................................................................................................................................... 1 Site Observations .......................................................................................................................................... 1 Building 1 ............................................................................................................................................... 2 Area A - Masonry Section ............................................................................................................... 2 Area B - Concrete Section ............................................................................................................... 6 Area C - Wood Frame Section ......................................................................................................... 7 Building 6 ............................................................................................................................................. 12 Building 10 ........................................................................................................................................... 13 Building 13 ........................................................................................................................................... 14 Building 63 ........................................................................................................................................... 15 Conclusions ................................................................................................................................................. 15

WINEHAVEN NATIONAL REGISTER HISTORIC DISTRICT
2012 Annual Condition Assessment

Point Molate
Richmond, California

BACKGROUND
In July 2010, Wiss, Janney, Elstner Associates, Inc. (WJE) was engaged by the City of Richmond to perform an emergency stabilization assessment of seven buildings at the Winehaven National Historic District. The purpose of that assessment was to identify conditions that pose an immediate hazard of collapse. WJE prepared a report dated July 20, 2010 describing our findings from that investigation.

In 2011, the City of Richmond engag ed Plant Construction to perform emergency stabilization based on the recommendations described in the July 2010 WJE report. WJE was engaged by Plant Construction to provide engineering services to design the stabilization. This work was completed circa August 2011.

Since the emergency stabilization work was limited to those conditions that were observed to be hazardous at the time of the previous site observations , and since the stabilization work was not intended to include protection of the building fro m weather, further deterioration of portions of the building that had not been stabilized was considered to be likely. As a result, the City of Richmond, engaged WJE to conduct follow-up inspections of the buildings to assess whether any significant furthe r deterioration had occurred and whether additional stabilization would be needed. The buildings included in the follow -up inspection are:

 Building 1: Wine Cellar/Storage
 Building 6: Wine Cellar/Administration
 Building 10: Warehouse
 Building 13: Power House
 Building 63: Storage/Fire Station

Descriptions of each of the buildings are included in the July 20, 2012 report. Descriptions of the emergency stabilization work are shown on the Emergency Stabilization drawings dated July 28, 2011.

SITE OBSERVATIONS
Alan Dreyfuss and Brian Kehoe of WJE visited the site on July 25, 2012 to observe the conditions at the five buildings listed above. Our findings are based on visible observations of accessible areas of each building.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Building 1
The original portion of Building 1 is comprised of reinforced concrete floors supported on structural steel beams and columns with nonstructural exterior brick masonry walls. The northeast and northwest sections are constructed with wood framing. The foundations for all of the sections are constructed with reinforced concrete. Minor spalling of the concrete foundation was noted in several locations.

Area A - Masonry Section
At the southeast corner of the building there is a vertical crack in the brick wall that appears to correlate with an embedded steel column. This crack was previously observed, but the crack may have widened and the out -of-plane offset of the brick across the crack may also have increased. Figures 1 and 2 show the condition of this corne r in 2010 and in July 2012, respectively. The cracking is limited and is most severe at the ground floor level. Continued deterioration does not pose a serious hazard to the structural integrity of the building since gravity loads are supported by the steel column inside of the wall, nor to the limited number of anticipated visitors.

Figure 1. Cracked brick at southeast corner of
Building 1 as observed on March 31, 2010

Figure 2. Cracked brick at southeast corner of
Building 1 as observed on July 25, 2012

The five turrets at the building roof parapet wall were encased in steel bands during the stabilization effort to restrict further cracking and displacement of the brick, and prevent possible c ollapse. The cracking of the turrets above the roof level do not appear to have changed noticeably. Photographs taken in July of 2011 immediately after the stabilization was completed appear similar to our recent observations. At many of the steel bands surrounding the turrets, there are gaps between the brick and the bands, indicating

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

that the brick has not expanded to fill the gaps. Figures 3 through 6 show comparisons of the condition of two of the more significantly damaged turrets from July 2011 to July 2012.

Figure 3. Condition of Building 1 turret at west wall
on July 20, 2011
Figure 4. Condition of Building 1 turret at
west wall on July 25, 2012

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 5. Condition of Building 1 turret at SE
corner on July 20, 2011

Figure 6. Condition of Building 1 turret at SE
corner on July 25, 2012

Along the east side of the building, horizontal cracks near the top of the parapet wall were obs erved.

Cracking of the cement parge coat on the top of the parapet was observed and some of the parge coat was dislodged, as shown in Figure 7. Horizontal cracking of the parapet wall due to the expansion of corroded reinforcing steel, as shown in Figure 8, was noted along the entire length of parapet on the east side of the one-story section. The failure of the parge coat and the displacement of the brick are allowing for continued moisture intrusion into the wall, which will continue to cause corrosion of the imbedded steel.

Failure of the parapet wall is possible as the corrosion increases. The roof over the loading dock provides some protection to visitors.

At the penthouse section on the east side, the bricks at one of the crenellations had dislodged and had fallen onto the roof over the loading dock, as shown in Figure 9. These conditions were not previously noted. Corrosion of embedded reinforcing steel has also caused damage to the brick at the southeast corner of the penthouse wall, as shown in Fig ure 10. These conditions were not noted in the original report as they do not represent imminent collapse hazards, however, as this condition progresses, a loss of brick at these locations becomes more likely within the next few years.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 7. Cracked cement parge on east side Building 1 parapet

Figure 8. Cracked brick parapet on east side of Building 1

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 9. Dislodged brick and cement parge on east side at the top of parapet of Building 1 penthouse

Figure 10. Cracked brick at southeast corner of Building 1 penthouse

Area B - Concrete Section
The timber shoring supporting the wood roof in this section does not appear to have changed since the shoring was installed. There is no new observable distress in the remainder of the existing roof. Photos of the condition of the roof framing in July 2012 are shown in Figure 11 and 12.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 11. Roof framing and new shoring at the northwest section of Building 1

Figure 12. Roof framing and new shoring at the northwest section of Building 1

Area C - Wood Frame Section
Several changes to the wood framing at the northeast section were observed. At the wood-framed loading dock, some of the wood sheathing at the floor level has become dislodged, as shown in Figure 13. Similar dislodging of the rim joists has occurred north of the loading dock, as shown in Figure 14.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 13. Dislodged wood boards below the loading dock on the east side of Building 1

Figure 14. Dislodged wood rim joist on the east side of Building 1

The beam at the south end of the loading dock is severely decayed and has lost support at one end. Some of the deck boards have broken and are now missing , but the condition of the beam is unchanged from February 2011 to July 2012, as shown in Figures 15 and 16.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 15. Condition of wood girder at the loading
dock on the east side of Building 1on February 21,
2011

Figure 16. Condition of wood girder at the loading
dock on the east side of Building 1 on July 25, 2012
In the basement of this section of the building, decay at several columns was noted in our supplemental survey undertaken on February 21, 2011, prior to the stabilization effort. Stabilization of one of these columns was completed as part of the emergency st abilization work performed in 2011 , however, deterioration at two of the columns was not addressed . At the fourth column from the south end of Area C, it was noted that there was significant decay of the column and the girder framing into the column. The condition of the girder and the column do not appear to have changed significantly since February 2011, although there has been some new damage to the floor sheathing adjacent to the wall near this column.

See Figures 17 and 18.

Figure 17. Condition of wood girder and column
on February 21, 2011

Figure 18. Condition of wood girder and column
on July 25, 2012

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

In addition, during the same survey in February 2011, a crushed girder was noted at the sixth column line from the north end but was not considered and imminent hazard at that time. This column has deteriorated further, and the column above has decayed through, causing the wall above to deform and sag noticeably.

See Figures 19 and 20 for the condition of the column below the floor and Figure 21 for the condition of the column immediately above the floor.

Figure 19. Condition of wood girder and column
on February 12, 2011

Figure 20. Condition of wood girder and column
on July 25, 2012

Figure 21.Wood column decayed completely above the floor level

The column noted above is a component of the wood framed wall at the north end of Area C where the roof has been removed (see arrow Figure 22). T he exterior wall at this location is sheathed with corrugated metal siding and has been diagonally braced with wood shoring. Some of the metal siding has become dislodged and one of the wood columns on the west side is damaged near the top. See Figures 22

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

and 23. The column indicated by the arrow in Figures 22 and 23 is the lower portion of the column shown in Figures 19 through 21.

Figure 22. Condition of wall and metal siding at the
west side of the northeast portion of Building 1 on
June 15, 2011
Figure 23. Condition of wall and metal siding at
the west side of the northeast portion of Building 1
on July 25, 2012

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Building 6
In the north section of Building 6, the majority of the roof framing and the new shoring appears to be unchanged since July 2011. There are two adjacent roof joists that had previously been noted to be decayed near the mid -span of the joists. Although the decay of the joists appears to have become more severe, as shown in Figures 24 and 25, these two joists were not previously strengthened because the roof sheathing could span between the adjacent undamaged joists to support the self -weight of the sheathing.

The condition of the adjacent joists and the sheathing do not appear to have changed significantly so the ability of the sheathing to support its self-weight has not been affected.

Figure 24. Condition of wood roof joists in
Building 6 on July 22, 2011

Figure 25. Condition of wood roof joists in
Building 6 on July 25, 2012. Additional joist
damage indicated by arrow.

At the south end of the middle section of Building 6, one of the north -south spanning girders appears to be decayed where the girder penetrates into the concrete wall, as shown in Figure 2 6. This condition was not previously noted. The girder does not appear to be sufficiently damaged to require intervention at this point. We recommend continued monitoring of the girder in future reports.

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Figure 26. Arrow indicates location of decayed wood girder at the concrete wall, south end of the middle section of Building 6

Building 10
The emergency stabilization work for this building was limited to shoring at the northwest corner of the building. The shoring work that was done appears to be functioning adequately , as shown in Figure 2 7.

There were no significant hazards observed in the remainder of the main section of the warehouse.

Figure 27. Condition of shoring work at the northwest corner of Building 10

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Building 13
The diagonal steel shoring for the masonry walls appears functional with no indications of distress. See Figure 28.

Figure 28. Condition of diagonal steel braces supporting brick masonry wall at the west side of Building 13

The wood shoring for the damaged timber girders also appears to be adequately supporting the girders.

The conditions of the shored girders do not appear to be noticeably changed , as shown in Figures 29 and

30. There are two roof joists that were previously observed to be damaged and were not shored. The damage to these joists does not appear to have changed noticeably.

Figure 29. Damaged roof joists at Building 13 on
May 31, 2011
Figure 30. Damaged roof joists at Building 13 on
July 25, 2012

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

Building 63
We observed the condition of the north section of the building in which the gypsum board sheathing had been removed as part of the stabilization work and where two sets of wood shoring had been installed.

The wood shoring and the roof framing did not appear to have ch anged substantially. See Figures 31 and

32. The 2x4 shoring studs seemed to have no additional gravity loading on the studs that would indicate failure of the roof framing above.

Figure 31. Condition of roof joists at the north side
of Building 63 on July 20, 2011
Figure 32. Condition of roof joists at the north
side of Building 63 on July 25, 2012

CONCLUSIONS
WJE conducted a survey of the condition of six of the buildings at the Winehaven National Register Historic District to assess whether there have been any significant changes to the structures since the installation of temporary emergency stabilization work that was installed in the summer of 2011. Our site observations focused primarily on the areas where the previous emergency stabilization work had been installed. In general, the conditions of each of the buildings appear to have little or no significant changes that would affect the global stability of significant structural elements. Some m inor changes were identified, as noted above. We recommend that the conditions of the buildings, particularly the issues noted above, be monitored on a regular basis until comprehensive structural and weather protective repairs to the buildings can be impl emented. Weather protection includes installation of replacement roof framing where the existing roof framing has collapsed or has been removed.

In one area of the wood frame portion of Building 1, the condition of the building has changed to the point that intervention is recommended. Where noted in the report, the sheet metal siding on the west side of Area C at the northeast corner of Building 1 has dislodged due to wind , and much of the remaining siding is loosely held in place. Additional pieces of sh eet metal are likely to become dislodged in the future unless remedial measures are implemented. This is the same area where the column has failed at the base, and can no longer provide support for wind loads on the sheet metal wall , and the deformation of the wall may be contributing to the problem. Further damage can be mitigated by removal of the sheet metal and storing the removed pieces on site.

It is recommended that the column be repaired using a method similar to that employed during the stabilization for another column at this level (detail 6/S501 Emergency Stabilization plans,

Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012

March 25, 2011). Possible approaches to mitigation of the conditio n of the sheet metal are either to remove the sheet metal siding or to supplement the connectors and framing that support the sheet metal.

Supplementing the framing and connectors may require additional framing, as well as anchorage for the framing, so that the wall can resist wind forces.

February 28, 2023

City Manager's Office

DATE: February 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager, Internal Services
LaShonda White, Deputy City Manager, Community
Services
Lina Velasco, Director of Community Development
Nannette Beacham, Director of Economic Development
Timothy Simmons, Assistant Chief of Police
Patrick Seals, Senior Management Analyst
Lilia Corral, Management Analyst

Subject: Contract with The Pivotal Group Consultants, Inc.

FINANCIAL IMPACT: The proposed expenditure of $288,796 is included in the approved Fiscal Year (FY) 2022-2023 budget and will be
budgeted accordingly for FY 2023-2024 and FY 2024-
2025. This request includes $257,755 of the total
proposed budget and a $31,041 contingency.

Account String: 01131013-400201

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

City staff is requesting approval of a contract with The Pivotal Group Consultants, Inc. to host a City Council
teambuilding retreat and develop a City-wide strategic
plan.

RECOMMENDED ACTION:

APPROVE a contract and draft scope of work with The
Pivotal Group Consultants, Inc. to host a City Council
teambuilding retreat, and assist in developing and
implementing a City-wide strategic plan, in an amount not to exceed $288,796, with a term expiration of June 30,
2025. City staff will return on March 28, 2023, with an updated scope of work for review and consideration –
City Manager’s Office (Shasa Curl 510-620-6512).

AGENDA
REPORT

February 28, 2023
DISCUSSION:

Background

On April 26, 2022, the City Council adopted an ordinance to adjust the boundaries of the six (6) City Council districts and a new official Council District Map No. 201 based on the results of the 2020 decennial census. Subsequently, on November 8, 2022, elections were held, and three (3) new councilmembers were elected. With the redistricting and addition of new councilmembers, it is necessary to retain an experienced professional strategic planning facilitator to assist in the creation of a strategic plan outlining all council members’ and other stakeholders’ priorities, develop a teambuilding retreat, and ensure that conversations and decisions are synthesized. The City currently does not have a formalized strategic plan, and is interested in developing a strategic plan, to be reviewed quarterly. The plan should include City Council and community-identified strategic goals/focuses, associated objectives for each goal/focus, associated actions to achieve the objectives, measures of success, and creating a culture of innovations utilizing technology. In addition, the desired outcome is for the City Council to agree on strategic goals and provide coaching for department heads to ensure there is professional support to implement the strategic plan.

Request for Proposal

On November 8, 2022, the City Manager’s Office released a Request for Proposals (RFP) to solicit qualified professional facilitators experienced in working with elected officials or bodies for City Council teambuilding and community strategic planning (Attachment 1).

Key aspects of the scope of services included:
 Agenda Planning: Working with the City Manager or their designee(s) to design a detailed agenda for each day of the teambuilding retreat(s) and strategic planning session(s), including clear delineation of timing, as well as space, equipment, food, logistics, and other inputs necessary for a successful series of meetings.
 Pre-Meeting Research: Meeting with Council members and City staff to develop the facilitator’s understanding of key issues, interpersonal dynamics, and other factors that should inform the group discussions at teambuilding retreat(s) and the Strategic Planning session(s).
 Meeting Facilitation: Facilitating a variety of meetings between/among City staff and the City Council to create a pleasant, dynamic, and productive experience for participants. The use of live polling software and/or other innovative tools that streamline the synthesis of multiple viewpoints into a coherent strategic plan is encouraged but not required.
 Strategic Plan Development: In consultation with City staff, producing a written document that summarizes the City Council’s deliberations, including an

February 28, 2023
overview document that lists City Council priorities in a summary format suitable for use on posters, bookmarks, and other materials that will be distributed to City staff and the community.

Through the BidsOnline System, 948 vendors were notified of the RFP. The RFP closed on December 8, 2022, with nine (9) responses received. All nine (9) responses were scored based on evaluation criteria outlined in the RFP, and the top four (4) firms were interviewed and ranked. Subsequently, the top two firms were interviewed by the City Manager and both Deputy City Managers, and The Pivotal Group Consultants, Inc. (TPG) was selected (Attachment 2).

Based in California, TPG is a consulting firm that offers services in strategic planning, leadership and organizational development and training, and individual and organizational assessments. The firm has previously worked with the County of Santa Clara, San Diego County Bike Coalition, San Diego County Emergency Medical Services, and Berkeley Public Library in the development of their strategic plans. TPG’s strategic planning methodology will help the City evaluate, validate, and integrate internal and external changes while also focusing on team building and identifying goals.

City staff is seeking approval of a contract with The Pivotal Group Consultants, Inc., in an amount not to exceed $288,796, which includes an added $31,041 contingency for incidentals, to host a City Council teambuilding retreat and develop a City-wide strategic plan, for a term ending on June 30, 2025 (Attachment 3). If needed, City staff will return on March 28, 2023, with an updated scope of work for review and consideration.

DOCUMENTS ATTACHED:

Attachment 1 – Request for Proposals
Attachment 2 – Scoring Matrix
Attachment 3 – Standard Contract

Request for Proposals

Teambuilding and Strategic Planning

Release Date: November 8, 2022

Deadline for Submittal
5:00 PM
December 8, 2022

Contact: Nickie Mastay, Deputy City Manager
Email: [email protected]
Phone Number: (510) 620-6609

City of Richmond
City Manager’s Office

INTRODUCTION

The City of Richmond (City) is requesting proposals from qualified professional facilitators (Respondents) experienced in working with elected officials or bodies for City Council Teambuilding and Community Strategic Planning.

This request for proposal (RFP) describes the required scope of services, the selection process, and the minimum information that must be included in the proposal. Failure to submit the information in accordance with the RFP requirements and procedures is cause for disqualification.

Professional facilitators are required to read and understand all information contained within this entire proposal package. By responding to this RFP, the professional facilitator agrees that they have read and understand these documents.

ABOUT THE CITY

The City of Richmond was chartered as a city in 1909, and is located 16 miles northeast of San Francisco, directly across the San Francisco Bay. Richmond’s population is 116,448.

The City operates a Council-administrator form of government consisting of six council members and a mayor. There are six (6) districts in the City of Richmond with the Mayor elected at-large. The Mayors seat with districts 2, 3, and 4 are on the November 8, 2022 election ballot.

The City of Richmond provides a full range of municipal services including police and fire protection; construction and maintenance of highways, streets and infrastructure; library services; storm water and municipal sewer systems; operation of a wastewater treatment facility; and the administration of recreational activities and cultural events. The City also operates the Richmond Memorial Convention Center and the Port of Richmond.

To become better acquainted with the City, please visit the City’s website at http://www.ci.richmond.ca.us

SCOPE OF SERVICES

After the November 8, 2022 election, the City is looking for a minimum of a one (1) day teambuilding retreat for the new City Council. The retreat(s) should focus on meaningful discussion and activities that will provide insight into each Council member as individuals and their decision-making process. The intent is to build a solid foundation for strong working relationships among the new Council. Although there is always interest in building consensus, there may not always be agreement on topics. Healthy dialogue can conclude with a greater understanding of each colleague’s position and rationale.

The City of Richmond does not have a formalized Strategic Plan. The City is interested in developing a 5-Year Strategic Plan, to be reviewed bi-annually (following Council elections), with twelve top priorities. Conversations should involve mindfulness, communication,

managing up, and how microaggression can impact the workplace. The Plan should include Council and Community identified Strategic Goals/Focuses, associated objectives for each goal/focus, associated actions to achieve the objectives, measures of success, and creating a culture of innovations utilizing technology (to work smarter, not just harder).

The selected facilitator will be responsible for working with staff to develop a detailed agenda(s) for the FY2023 teambuilding retreat(s) and strategic planning session(s) and for planning and facilitating meetings among staff and elected officials in order to deliver a dynamic teambuilding retreat(s) and strategic planning session(s) that results in a clear strategic planning direction for City in the coming years. Specific activities include:

• Agenda Planning: Work with the City Manager or their designee(s) to design a detailed agenda for each day of the teambuilding retreat(s) and strategic planning session(s), including clear delineation of timing, as well as space, equipment, food, logistics and other inputs necessary for a successful series of meetings.

• Pre-Meeting Research: Meet with Council members and staff in order to develop the facilitator’s understanding of key issues, interpersonal dynamics, and other factors that should inform the group discussions at teambuilding retreat(s) and the Strategic Planning session(s).

• Meeting Facilitation: Facilitate a variety of meetings between/among staff and the City Council in order to create a pleasant, dynamic, and productive experience for participants. The use of live polling software and/or other innovative tools that streamline the synthesis of multiple viewpoints into a coherent strategic plan is encouraged but not required.

• Strategic Plan Development: In consultation with staff, produce a written document that summarizes the Council’s deliberations, including an overview document that lists City Council priorities in a summary format suitable for use on posters, bookmarks, and other materials that will be distributed to City staff and the community.

Responsive materials should be submitted no later than the close of business, Thursday, December 8, 2022.

RFP SCHEDULE
Date Activity
November 8, 2022 Release RFP
November 15, 2022 Final Day to Submit Questions (5:00 PM) December 8, 2022 RFP Due Date
December 2022/January 2023 Evaluation of proposals/Interviews of Respondents February 2023 Effective Date of Contract

PROPOSAL FORMAT GUIDELINES

The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project. The proposal shall be limited to no more than10 double-sided pages (8.5 inches x 11 inches), inclusive of graphics, forms, pictures, photographs, dividers, etc. but not of cost proposal, resumes, required forms, certifications, front and back covers, or letters of commitment from sub- consultants. The required font size is 12 point, with minimum left and right margins of one-inch, and top and bottom margins of 0.7 inches.

Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the Respondent’s response:

A. Respondent Cover Letter

A cover letter, not to exceed three pages in length, should summarize key elements of the proposal and shall:
• Confirm that all elements of this RFP have been reviewed and understood;
• Include a statement of intent to perform the services as outlined; • Express company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, insurance requirements (Attachment 1), Sanctuary City Compliance Statement (Attachment 2), and in the sample Standard Service Agreement (Attachment 3).

• Submit a written description and brief history of the company’s experiences, qualifications and successes in providing California services described herein. Please indicate the number of employees, client base and location of offices.
• Indicate the address and telephone number of the Respondent’s office located nearest to Richmond, California and the office from which the project will be managed.
• Confirm that Respondent has a minimum of three (3) years verifiable California experience.
• Stipulate that the proposal price will be valid for a period of at least 180 days.
• Identify a single person for contact during the RFP review process; and • Cover letter shall be signed by an authorized official of the company.

B. Background and Project Summary Section

The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to description of services for this RFP.

C. Methodology Section

Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services of this RFP. The Methodology Section should include:

1) An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Services" section.

3) Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion.

4) Detail how your firm conducts meetings with City Council and staff (all with different backgrounds) to get to twelve top priorities.

5) Detailed description of specific tasks you will require from City staff.

Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Services.

D. Staffing and Timeline

Describe the proposed Project team organization, including identification and responsibilities of key personnel. Include resumes of the Project team assigned to this project. Indicate role and responsibility of prime consultants and all sub- consultants. If applicable, indicate how local firms are being utilized to ensure a strong understanding of state and local laws, ordinances, regulations, policies, requirements, and permitting.

Provide a proposed approach with projected timeline (including retreats and workshops) to conduct and complete the scope of work.

E. Firm Qualifications

The information requested in this section should describe the qualifications of the firm, key staff and sub‐contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:

1) Key staff that participated on named projects and their specific responsibilities with respect to this scope of service.

2) A summary of your firm’s demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal.

3) Provide at least three (3) references that received similar services from your firm in the past 3 years. The City of Richmond reserves the right to contact any of the organizations or individuals listed. Information provided shall include:

a) Client Name and contact info
• Telephone & e-mail address
• Address
b) Description of services provided including contract amount c) Project start and end dates

4) Provide a copy of a strategic plan that your agency has developed in the last three years of comparable settings and complexities as required of this request for proposal

F. Cost Information

Provide the total direct and indirect costs to complete all tasks identified in the scope of services. Even if the method of payment to proposer will be fixed fee, a detailed cost breakdown shall be provided identifying:

1) The number of staff hours and hourly rates for each professional and administrative staff person who will be available to the City; 2) All other direct costs, such as materials and reproduction costs; and 3) Sub-consultant services, if needed.

If project work exceeds one-year period, indicate if the proposed rates are fixed for this entire time frame or specifically include how the rates will be adjusted in year two and three of a contract. These rates will also be used to negotiate costs for other projects (including optional tasks) that may be assigned. No additional funds will be paid above and beyond the original quote given by the selected Respondent.

G. Value Added Services

Please provide any additional services of benefit not specifically required herein, which the Respondent offers to provide.

H. Respondent Assignment of Sub-Contract

The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If Respondents intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Respondent will employ to ensure that any subcontractor complies with the provisions of Respondent’s contract with the City.

I. Previous Contracts with the City of Richmond

The Respondent shall submit a list which indicates all prime contracts and/or amendments awarded to the proposer by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of the City of Richmond’s assigned Project Manager, and contract value.

J. Exceptions to this Request for Proposals

The Respondent shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 3). If the Respondent does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.

K. Statement of Impartiality and Disclosure

The nature of this Project requires an impartial unbiased approach on the part of the Respondent’s team. This proposal shall include a statement declaring that the Respondent’s and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.

QUESTIONS CONCERNING REQUEST FOR PROPOSALS

All
questions must be submitted via the electronic BidsOnline system on the Q&A tab by November 15, 2022 - 5:00pm PST. If the City finds it necessary to issue an addendum, prospective Respondents will receive e-mail notification of addendum.

Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by November 18, 2022. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.

Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP.

Any party attempting to influence or circumvent the RFP, bid submittal, and review process shall have their proposal rejected for violating this provision of the RFP.

Interested parties may download copies of the abovementioned proposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download the RFP, new Respondents will be required to register. Once the Respondent downloads any documents relative to a solicitation, that Respondent's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.

PROCESS FOR SUBMITTING PROPOSALS

Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Respondent is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made.

Respondents will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their proposal was submitted successfully. The City will only receive those proposals that were transmitted successfully. The proposal must be received no later than 5:00 p.m., local time, on December 8, 20222. The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Respondent.

GENERAL GUIDELINES

This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:

1. Reject any or all proposals.

2. Issue subsequent Requests for Proposal.

3. Postpone opening for its own convenience.

4. Remedy technical errors in the Request for Proposal process.

5. Negotiate with any, all, or none of the Respondents.

6. Solicit best and final offers from all or some of the Respondents.

7. Select one or more Respondents.

8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in proposals.

Public Records

All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.

Insurance Requirements

The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment 1. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.

Business Licenses

The successful Respondent and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.

Compliance with City Ordinances

The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance ( Richmond Municipal Code
(RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter

2.65), which are incorporated into the Contract Documents by this reference.

Sanctuary City Contracting Ordinance (SCCO)

The Richmond Sanctuary City Contracting Ordinance No. 12-18 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/Proposers must submit the Sanctuary City Compliance Statement (Attachment 2) with their Bid or Proposal.

Collusion

By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.

Withdrawal of Proposals

A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.

Ownership of Documents

All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose

(except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.

PROPOSAL EVALUATION AND SELECTION PROCESS

All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.

The City also reserves the right to require modifications follow‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that respondent to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

• Quality, clarity, and responsiveness of proposal. (15%) • Experience of key individual(s) assigned to the contract. (15%) • Experience of firm in performing this type of service. (15%) • References from clients for whom similar work was performed. (15%) • Project schedule and depth of staff available to perform services. (10%) • Ability to meet the needs of City. (10%)
• Understanding of services to be provided and ability to provide requested services. (10%)
• Cost. (10%)

Interview/presentations

Upon request of the City of Richmond, Respondents may be requested to give an oral presentation/demonstration on the proposal, which would include a detailed analysis of how each of the RFP requirements would be addressed should Offeror receive the award. An in-person presentation is preferred but City staff will work with the vendor to determine what is feasible. The demonstration shall be conducted at no cost to the City.

The purpose of the presentation is to verify the vendor’s capability, suitability, and adaptability to the performance requirements stipulated in this solicitation.

The City will schedule the interview date, time, and location with the successful finalists.

If the vendor fails to participate in the interview on the specified date stipulated, the City may elect to reject the proposal or to re-schedule at its discretion.

Respondents are not guaranteed an opportunity to have an interview. Respondents may be eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals. The City shall be the sole judge of the acceptability of the proposal in conformance with the specifications and its decision shall be final.

Respondents will be given at least two (2) weeks advance notice if required to make a presentation. If required these presentations will take place at the following location:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804

If special accommodations are required in order to attend a site visit, contact Ofelia Alvarez at [email protected]
, no later than three (3) days before the
event.

Pre-Award Negotiations

After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondents for purposes of:

• Resolving minor differences and information
• Clarifying necessary details and responsibilities
• Emphasizing important issues and points
• Receiving assurances from respondents
• Cost/budget clarifications

Selection may be made without further discussion, negotiations or Respondent’s presentations; therefore, Respondent shall offer the most favorable terms in response to this RFP. Respondent must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Respondent shall include information that will enable the City to determine the Respondent’s overall qualifications.

The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at a final award decision.

Award

When the Review Panel has completed its work, City staff will then recommend between one and two firms to the City Manager for approval. The award of a contract to the successful respondent will be at the discretion of the City Manager/City Council.

The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment 3).

Attachment 1: Insurance Certificate
Attachment 2: Sanctuary City Compliance Statement
Attachment 3: Standard Services Agreement

Total Rank
Civic Makers 1 1 1 2 2 1 2 10 1
KAI 3 4 3 3 3 3 4 23 3
RGS 4 3 4 4 4 4 3 26 4
The Pivotal Group 2 2 2 1 1 2 1 11 2
** Scores were forced ranking, with the score of 1 being the best; therefore, the firm with the lowest score is ranked as #1, and the firm with the highest score is ranked #4.

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.

DRAFT

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

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

LIST OF ATTACHMENTS:

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

February 22, 2023
City of Richmond
Attn: Nickie Mastay, Deputy City Manager
450 Civic Center Plaza
Richmond, CA 94804
Re: Request for Proposal Teambuilding and Strategic Planning Dear Ms. Mastay,
It is with great pleasure that The Pivotal Group Consultants, Inc. (TPG), submit a proposal for services in response to the &LW\RI5LFKPRQG¶V Request for Proposal (RFP). With more than 40 years of combined experience working in and with governmental agencies and nonprofit organizations, we are excited to partner with the City of Richmond in updating the future strategic direction for the City and facilitating teambuilding with the new City Council. TPG is able to meet the terms and conditions in the RFP, including insurance requirements, Sanctuary City Compliance Statement, and the sample Standard Service Agreement. Our proposed price will be valid for a period of at least 180 days. We are very excited about what this project will do to collaboratively guide the strategic and business planning of the City, ultimately serving the needs of your stakeholders and community in a more efficient and effective manner.

TPG is a minority owned California based consulting firm providing strategic planning, leadership development, board development, executive coaching, and other specialized services to meet individual, team, and organizational needs. Dr. Lyn Corbett, President of TPG, will serve as the primary point of contact for the project and will work in collaboration with his team in conducting planning sessions, facilitating the teambuilding retreat, and producing materials for the final strategic framework document. Dr. Lyn Corbett along with his team of seven people bring a breadth of professional experience working with and advocating for various populations, public entities, and communities throughout California. TPG is based out of San Diego and has team members located in the Bay Area.

TPG has significant experience with local government and public sector institutions having worked with these entities since 2013. We have extensive background and familiarity providing expert strategic planning and facilitation services and we have significant experience working directly in communities throughout California. We have committed our work to helping institutions address challenges in innovative and creative ways. TPG has been committed to providing education, training, and research to build leaders and strengthen organizations that help meet critical community needs.

We assist with the creation and implementation of plans that strengthen long-term impact, maximize revenue, and identify and increase funding sources. TPG has experience with public, private, and nonprofit sector organizations, utilizing a comprehensive Strategic Planning Model to guide our strategic planning process, as it is the most in-depth tool for helping organizations adapt to a rapidly changing environment. This model allows organizations to respond swiftly and thoughtfully to challenges as they arise, even during the strategic planning process.

Exhibit A - Proposal
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City of Richmond Teambuilding and Strategic Planning

TPG has worked with a variety of public organizations to help them develop multi-year strategic plans. While each of these institutions has a unique mission and vision, they have all benefited from our approach for developing agile and flexible strategies as well as specific, clear, and measurable goals and metrics. We work with our clients to develop a strategic planning timeline that works for them.

Our clients have expressed high satisfaction with our services and the work we have done has contributed to increased individual leadership, team effectiveness, and improved organizational development. Last year over 80% of our clients were repeat or referral.

Some of our current and most recent strategic planning and leadership development clients include:
9 City of Hayward City Council (Teambuilding, coaching, and performance evaluations for City Attorney, City Clerk, and City Manager)
9 San Diego County Emergency Medical Services
9 Sonoma County Health and Human Services
9 Sonoma County Family Youth and Children Division
9 Circulate San Diego
9 Richmond Neighborhood Housing Services
9 The Salvation Army, San Diego Regional Office
9 Biocom California
9 Privacy Rights Clearinghouse
9 National Association for Public Health Statistics and Information Systems We have included a proposal that outlines our approach, anticipated timelines and costs, and deliverables that ultimately produce a strategic plan and teambuilding retreat that are meaningful, actionable, and aspirational. Also included is information regarding key personnel, firm qualifications, references, and a previously completed strategic plan to give an example of our work. We look forward to hearing from you.

Sincerely,
Lyn P. Corbett PhD
President | The Pivotal Group Consultants, Inc.

[email protected], (916) 420-0839
P.O. Box 212164 | Chula Vista, CA 91921
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City of Richmond Teambuilding and Strategic Planning

Table of Contents
Background and Project Summary ................................................................................................. 4 Methodology ................................................................................................................................... 5 Tasks Required from City Staff .................................................................................................. 9 Staffing and Timeline ..................................................................................................................... 9 Key Personnel Resumes ............................................................................................................ 10 Firm Qualifications and References .............................................................................................. 17 Copy of Previous Strategic Plan................................................................................................ 21 Exceptions to this RFP .................................................................................................................. 21 Statement of Impartiality and Disclosure ..................................................................................... 21 Schedule & Cost Information Table ............................................................................................. 21 Proposed Approach Timeline .................................................................................................... 21 Cost Information ....................................................................................................................... 21 DRAFT

City of Richmond Teambuilding and Strategic Planning

Background and Project Summary
TPG has extensive familiarity with the communities that the City of Richmond represents, having worked with both public sector and nonprofit organizations throughout California and in the Bay Area. This year we contracted with a nonprofit that works in Richmond (Richmond Neighborhood Housing Services) which deepened our familiarity with many stakeholders in the Richmond community. We have an appreciation and interest in working with dynamic cities prioritizing efforts to create thriving environments and we value government institutions with a vision to improve their impact.

TPG will provide the City of Richmond (the City) with teambuilding and strategic planning services. For the purposes of this project, the process is divided into phases that encompass the City¶VSURSRVHGVFRSHRIVHUYLFHV, including:
x Planning and facilitation of a teambuilding retreat for the new City Council. x Development of a formalized 5-year strategic roadmap plan, including agenda planning, pre-meeting research, meeting facilitation, and stakeholder interviews, surveys, and activities, a strategic roadmap plan written document and distributable format material, and plan implementation support including executive team coaching. x Planning and facilitation of bi-annual updates over 2 years after creation of the strategic plan
Each phase of our Strategic Planning process is designed to be collaborative with the City staff and key stakeholders. The first phases focus on gathering and analyzing data and feedback to establish the strategic direction. Continuous measurement, implementation, and monitoring activities are included throughout the project. The final phases focus on strategic plan measurement and implementation that culminates in specific and relevant objectives, goals, and NH\SHUIRUPDQFHLQGLFDWRUVLQWKHIRUPRID³URDGPDS´WKDWthe City can use to implement and monitor the strategic plan after the project itself concludes.

The final deliverables as listed include:
1) Teambuilding Retreat for the new City Council
2) Strategic areas of focus and priorities for the next five years. 3) Goals and objectives to meet identified priorities.
4) A Final Strategic Roadmap Report
5) Implementation Support including Executive Team Coaching 6) Bi-Annual updates over two years
Diversity Equity Inclusion and Belonging
We believe Diversity Equity Inclusion and Belonging (DEIB) should not be seen as a separate action but be embedded throughout the plan and seen as a common practice. We believe the case for diversity, equity, and inclusion extends beyond social and moral reasoning and organizational optics. Foremost, diversity has been associated with an improved learning environment for all learners. Awareness and appreciation for varied perspectives is developed after exposure to DRAFT

City of Richmond Teambuilding and Strategic Planning

diverse learning communities. Our strategic planning process will be embracing and inclusive and signal the City¶VFRPPLWPHQWWREHLQJLQFOXVLYH
Methodology
7KH3LYRWDO*URXS¶VVWUDWHJLFSODQQLQJSURFHVVGHP\VWLILHVVWUDWHJLFSODQQLQJDQGPDNHVLW understandable and accessible. This three-phase approach has been tested in hundreds of strategic planning efforts and provides a simple, flexible, and strategic approach to thinking, acting, and learning.

We believe that strategic planning is an essential component to guide the implementation of high quality, responsive, and timely activities that support the internal operations and growth of a strong community effort. Our model is a fluid, organic method that helps organizations and agencies identify, understand, and act on challenges and opportunities as they arise, even during the strategic planning process. Our model will effectively meet the needs of the City as it seeks to embrace team building amongst City Council and to identify goals and develop plans for growth while considering internal and external changes.

TPG is prepared to attend and facilitate workshops in-person as needed. Furthermore, we have resources and competencies for reaching and engaging the target populations. The TPG team has experience working with diverse and multicultural organizations and individuals. At TPG we pride ourselves on our ability to convene the right people in the room and facilitate an environment that encourages decision-makers, front-line staff, community beneficiaries, and thought-partners to answer challenging questions and dig deeper into effective goal setting and follow-through. All our clients²especially those who have brought us on as strategic planning partners²participate in this process first-hand.

Strategic Planning Phase One: Evaluate
Project Planning: Project Kick-Off & Organization, Community & Industry Data Collection Timeline: March ± May 2023
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City of Richmond Teambuilding and Strategic Planning

Primary Personnel Responsible: Dr. Lyn Corbett
The first phase is to identify the strategic direction of the City. This phase is tactical in nature and will provide data in order to assess the CiW\¶VLQIUDVWUXFWXUHSURJUDPVDQGVHUYLFHVWR discuss the planning approach, and to develop a timeline for the strategic planning process and establish expectations. Meetings include guided discussions regarding City mission, vision, and values and strategic priorities to identify challenges and opportunities and validate data and feedback. This process will be used to develop strategies to promote overall planning and sustainability.

Key components of this stage include:
x Strategic Planning Kickoff ± Convene stakeholders identified by the City to participate in a project kick-off meeting facilitated by TPG.
x Project Management & Weekly Meetings ± Conversations with senior leadership as well as with a variety of interested parties to gain an understanding of the organizational culture, and to identify the key questions for the planning process. x Capacity Assessment Tool ± Measure institutional core capacities such leadership, management, and technical. This level of detailed analysis will provide a strong foundation for the subsequent phases.
x Phase 1 Conclusion ± Meeting with the strategic planning committee and other identified key individuals to discuss findings and next steps.

Deliverables: Strategic kickoff meeting, facilitated planning meetings, capacity assessment results, and draft agenda for the Phase 2 Strategic Planning phase.

Strategic Planning Phase Two: Validate
Discover & Assess: Research, Assessment, Interviews and Surveys Timeline: March 2023
Primary Personnel Responsible: Dr. Lyn Corbett
Phase 2 builds on the information gathered during Phase 1 with a focus on gathering data from key stakeholders. TPG believes strategy always begins with an understanding of the RUJDQL]DWLRQ¶VFRUHLGHQWLW\DQd seeks to leverage its core strengths and qualities to be most effective. We prioritize community engagement and participation through direct outreach during this phase. Combining both qualitative and quantitative approaches will provide a strong foundation for the completion of this project.

Key components of this stage include:
x Document Synthesis ± Gathering and reviewing City documents (including previous City reports and plans) to assess the City infrastructure, programs, and services. x City Council Interviews and Survey ± TPG will conduct 7 interviews with City Council members and conduct 1 survey for Council members
x City Executive Team Focus Group ± TPG will facilitate 1 focus group with the City executive team
x Community Survey ± TPG will administer 1 Community Survey DRAFT

City of Richmond Teambuilding and Strategic Planning

x Community Town Hall ± TPG will conduct up to 3 community pop-up events x Compile Data and Research ± TPG will analyze the findings from the above activities for common themes and meet with the City to discuss the findings and next steps.

Deliverables: Document synthesis, stakeholder interviews and surveys, focus group, community events, and summary report
City Council Teambuilding & Strategic Retreat
Timeline: April 2023
Primary Personnel Responsible: Dr. Lyn Corbett
(IIHFWLYHUHWUHDWVDUHFXVWRPL]HGWRDQRUJDQL]DWLRQ¶VFXOWXUHWHDPG\QDPLFVGHYHORSPHQW QHHGVVWUDWHJLFLVVXHVDQGSULRULWLHV,GHQWLI\LQJWKHUHWUHDW¶VWRNH\REMHFWLYHVLVDFULWLFDO starting point. TPG can custom design a retreat planning process that provides a combination of one-on-one confidential interviews, documentation review, team observations, and/or surveys.

This approach will be structured around WKH&LW\¶VLQWHQWWREXLOGDVROLGIRXQGDWLRQIRUVWURQJ working relationships among the new City Council, including insight into each Council member as individuals and their decision-making process. Planning outcomes include:

1. A range of customizing options to tailor the retreat to the &LW\&RXQFLO¶V unique needs and objectives as elected officials by integrating leadership behaviors/skills, management processes/systems, and culture development.

2. Interviews and or surveys with City Council members and staff in order to VXSSRUWDPRUHEDODQFHGGLVFXVVLRQEDVHGRQREMHFWLYHGDWDRIHYHU\RQH¶V perspective rather than a few of the most vocal or powerful participants, ensuring that all voices are heard.

3. A planning process that promotes increased communication and teamwork, building a consensus/engagement and implementation plan for a positive team dynamic.

TPG can provide onsite retreat activities and facilitation, including pre-work and post-work. TPG can administer The Five Behaviors of a Cohesive Team assessment-based learning experience designed to help individuals and organizations reveal what it takes to build a truly cohesive and effective team in the most approachable, competent, and effective way possible. Additionally, TPG can provide ongoing support to follow up on the retreat process. Retreat facilitation outcomes include:

1. A highly energizing and engaging teambuilding retreat for City Council members tailored to building a solid foundation for strong working relationships among the new Council.

2. Introduction to a team assessment-based learning experience designed to help individuals and organizations reveal what it takes to build a truly cohesive and effective team in the most approachable, competent, and effective way possible.

3. Documented retreat activities, including those that represent the City interests, positions, and/or recommendations.

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City of Richmond Teambuilding and Strategic Planning

Strategic Planning Phase Three: Integrate
Draft Plan & Staff Engagement and Work Plans & Budget Integration: Strategic Action Plan Development, Final Strategic Roadmap Report
Timeline: April ± June 2023
Primary Personnel Responsible: Dr. Lyn Corbett
Phase three will entail completing all identified deliverables and presenting draft and final strategic plans and engaging City leadership and staff around strategies to keep the strategic plan a document that can be used as a vehicle to increase the CiW\¶VUHDFKDQGLPSDFWLQ\HDUVWR come.

Key components of this stage include:
x Strategic Action Plan Meetings ± TPG will draft project lists in collaboration with Department Heads who will identify priority areas to produce a strategic action plan (identifying intermediate goals, responsibilities, activities, and timelines) to be included in the final strategic plan document. Department heads will meet 1-2 times during phase 3 and utilize tools that address the priorities facing the City. TPG will facilitate as needed.
x Staff Engagement ± TPG will facilitate 3 City staff engagement activities during this phase and provide a key themes summary report.
x Work Plans & Budget Integration ± TPG will facilitate a work plan and metrics workshop with City Executive team including budget integration action. x Finalized Strategic Roadmap Report ± This full strategic plan will include all the content developed on the Strategic Action Plans as well as metrics/outcome measures.

The document includes the mission, vision, values and the high-level strategy goals and objectives. We work with a graphic designer to develop a document that is visually impactful and will create distributable format materials for City staff and the community, including multi-lingual materials.

SAMPLE: STRATEGIC ACTION PLAN TEMPLATE
OVERALL STRATEGY: These strategic pillars have been selected by the Strategic Planning Committee in response to the qualitative and quantitative data and research gathered throughout the strategic planning process so far.

GOALS OBJECTIVES ACTIVITIES MEASUREMENTS
Goals are long-range
and more general broad
statements that express
the desired results
under the overall
strategy.

Describe here key goals
in a clear, concise, and
measurable manner
based on the overall
strategy.

Objectives are short-
range milestones and
describe the results or
to be achieved.

Ensure objectives are
relevant to the goal.

Activities are the tasks
that accomplish the
objectives. Completion
of activities means the
objective is achieved.

Describe here coherent,
specific steps that must
be taken to reach the
objectives as well as
the responsible parties.

Measurements express
the desired qualities
and quantities and the
expected results.

Ensure metrics are
numeric and detailed; it
is also possible to
include timelines.

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City of Richmond Teambuilding and Strategic Planning

Deliverables: Strategic action plan meetings, staff engagement activities, Executive team workshop and budget integration, draft and final Strategic Roadmap Report, Strategic Plan tracking plan
Implementation Support
Develop Implementation Plans
Timeline: July-December 2023
Primary Personnel Responsible: Dr. Lyn Corbett
Key to successful strategic planning is implementation. During this time TPG will engage with staff regarding strategies to keep the strategic plan a document that can be used as a vehicle to increase the Cit\¶VUHDFKDQGLPSDFW TPG will work to help codify continued staff input and TPG will provide recommendations for a strategic planning tracking software platform.

Additionally, we will provide executive team coaching for 3 division managers and 10 management leadership team members (up to 3 sessions each.) Deliverables: Codification of continued staff input, strategic planning tracking platform recommendations, executive coaching for 13 people, implementation plan and support, FY24- FY25 consulting support
Tasks Required from City Staff
Throughout this project we require a contact within City staff for our team to be able to reach out to with questions and to provide support with scheduling meetings and collecting and providing us with relevant support documents.

Staffing and Timeline
73*¶Vkey asset is our highly skilled core team members who have worked together for many years. Collectively, our team brings our training in leadership, strategic planning, staff and community engagement, research, and evaluation to every engagement. Our team is made up of researchers, professors, nonprofit and public service practitioners, and leadership theory experts who have extensive experience with helping organizations develop and implement strategic plans. The outstanding quality of our work has been recognized locally, nationally, and internationally including by the International Economic Development Council.

Dr. Lyn Corbett, President, will serve as the primary point of contact for the project. Lyn has over 20 years of experience working with organizations across the country to help increase their mission-driven impact and expand their community reach. Lyn has led strategy and development projects with the City of San Diego, the University of San Diego as well as myriad other government and nonprofit institutions. Lyn teaches Leadership, Strategic Planning and Strategic Management classes at the University of San Diego and Point Loma University. Previously, Lyn was the Director of the Office of Youth Development for the City of Sacramento. Lyn holds a PhD in Leadership Studies from the University of San Diego. He has an MA in Public Administration with an emphasis in Nonprofit Management from New York University. He is a DRAFT

City of Richmond Teambuilding and Strategic Planning

Certified Governance Trainer with BoardSource, a Leadership Challenge Certified Facilitator, an Everything DiSC Workplace Certified Facilitator, a Gallup Strengths Certified Coach, and a member of the International Coaching Federation.

Dr. Takisha Corbett, Director of Organization Development and Assessments, has extensive research qualifications that contribute to her work in planning sessions, reviewing, assessing, and evaluating industry-specific research. She has extensive leadership and business experience and understands the importance of organizational development as foundational to ensuring overall organization success. She excels at developing systemic practices that seamlessly integrate data collection, daily processes, and analysis of outcomes. Using real time data, she has guided individuals and organization to make strategic decisions to accomplish mission-centered goals. 7DNLVKD¶VEDFNJURXQGDQGH[SHULHQFHDVDFOLQLFDOSV\FKRORJLVWXQLTXHO\TXDOLILHVKHUWRXVH theoretical applications in a meaningful and impactful way. More and more, psychologists are being used to evaluate company goals, work strategies, and employees to assess areas and tools for improvement. Takisha holds a PhD in Psychology from Fuller Graduate School of Psychology, an MA in Psychology from Pepperdine University, and an MA in Theology from Fuller Theological Seminary.

Kirsten Navis, Consultant, is a lead consultant with TPG and has been with the firm since 2018. She has over a decade of experience in the nonprofit sector and in multi-cultural/national contexts across consulting, organizational development, fundraising, and international development. She has a strong commitment to cultivating inclusion and building multicultural workplaces. At TPG she facilitates client strategy sessions, analyzes qualitative and quantitative data while applying theoretical framework to identify gaps, evaluate problems and synthesize recommendations. She also researches sector-specific information and helps develop strategies and action plans for clients. Over the last four years she was a key consultant in facilitating the development of strategic plans for institutions across the country. She has helped clients to realize planning goals through research and facilitation, as well as producing material for final strategic plan documents. Kirsten holds an MA in Nonprofit Leadership and Management from the University of San Diego.

Key Personnel Resumes
See the following six pages below for key project personnel resumes.

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DR. LYN PRICE CORBETT, PHD P. O. Box #212164, Chula Vista CA 91921 916.420.0839 y [email protected]
DR. LYN PRICE CORBETT, PHD
P. O. Box #212164, Chula Vista CA 91921
916.420.0839 y [email protected]

EXECUTIVE PROFILE
Visionary and goal-oriented professional with broad-based experience in leading private and nonprofit organizations to achieve mission-oriented goals; complemented with expertise in program development, implementation, evaluation and strategy development, and community relationship management.

AREAS OF EXPERTISE
Leadership Development
Strategic Planning
Research and Evaluation
Community Outreach and Engagement
Talent Development
Impact Evaluation
Fund Development
Organizational Capacity Building
THE PIVOTAL GROUP CONSULTANTS INC. | SAN DIEGO, CA
PRESIDENT JUN 2012 ² PRESENT
à Provide organizational development consulting services to new and established organizations spanning public agencies, nonprofit organizations, private businesses, and foundations.

KEY HIGHLIGHTS
9 Facilitated strategic planning and organizational development efforts for local, regional, and national organizations with a focus on capacity building and increasing community presence. 9 Assisted various organizations in attaining more than $6M in grants that improved overall organizational position and increased the capacity to deliver additional high-quality local and statewide programs and services.

THE UNIVERSITY OF SAN DIEGO, THE NONPROFIT INSTITUTE | SAN DIEGO, CA DIRECTOR OF GOVERNANCE AND COMMUNITY PROGRAMS JUN 2016 ² PRESENT à Develop and implement the community-based learning and training programs by partnering with internal and external stakeholders to increase the impact of the sector. Collect, analyze, and present annual findings of the state of San DiegR·VQRQSURILWVHFWRUDVZHOODVNH\WUHQGVDQGSHUVSHFWLYHVIURPOHDGHUVin nonprofits and philanthropy.

Key Highlights
9 Developed and implemented innovative outreach strategies and community programming, including several high-impact programs, a methodology for participation, program design, and implementation. 9 Developed a comprehensive award-winning program design that incorporated cohort model programs, large scale training events and cross-sector partnerships.

CENTER OF PRAISE MINISTRIES, INC. | SACRAMENTO, CA
CHIEF ADMINISTRATIVE OFFICER JUN 2010 ² JUN 2015
à Provide overall strategic, fiscal, and operational direction to organization leadership, and staff, of a 25-year- old faith-based community organization.

KEY HIGHLIGHTS
9 Successfully redefined the organization·s mission and vision to support the rollout of an integrated growth strategy to improve community partnerships and services across multiple locations. o Created volunteer training programs and increased volunteer base by 40%, resulting in more than 1,200 volunteers serving annually.

PROFESSIONAL EXPERIENCE
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City of Richmond Teambuilding and Strategic Planning

9 Developed and launched media and technology strategy to advance all aspects of organizational outreach and communication, ultimately raising organizational presence and influence locally and nationally.

THE CITY OF SACRAMENTO³OFFICE OF YOUTH DEVELOPMENT | SACRAMENTO, CA DIRECTOR DEC 2007² OCT 2010
à Recruited as the first Director of the Office of Youth Development in charge of formulating and promoting city policies for youth welfare and establishing community-based partnerships to ensure the successful implementation of youth development initiatives.

KEY HIGHLIGHTS
9 Developed and implemented a city policy that enabled volunteerism among city employees for up to 40 hours annually to mentor children and youth in local public schools. 9 Established grant opportunities and structures that included distributing $1.5M in grants for new and innovative programs for youth and families throughout Sacramento.

ADDITIONAL EXPERIENCE
SIERRA HEALTH FOUNDATION | SACRAMENTO, CA
CONSULTANT AND LEAD FACULTY ² SIERRA HEALTH FOUNDATION OCT 2014 ² MAY 2018 à Developed and implemented a 12-month Health Leadership Program with the University of San Francisco School of Management and UC Davis Institute of Health Population Management focused on developing nonprofit leadership in organizations working to improve community health while reducing health disparities through organizational capacity building and policy change. à Provided leadership and support for the Community Responsive Grant Program including identifying potential grantees, reviewing grant proposals, and presenting recommendations. Also provided expertise for crucial priority areas impacting communities of color: Black Infant Child Death Prevention, My Brother·s Keeper ² Sacramento, Asthma Mitigation Project.

SACRAMENTO RESPITE COLLABORATIVE | SACRAMENTO, CA
GRANT MAKING AND EVALUATION COMMITTEE CHAIR FEB 2012 ² JAN 2015 à Served as Chairperson of a regional foundation workgroup responsible for providing technical support on funding priorities, program evaluation, and impact analysis. à Set direction for funding allocation of $5M to increase mental health service options for alternatives to hospitalization for community members experiencing a mental health crisis.

EDUCATION

PHD, ORGANIZATIONAL LEADERSHIP AND CONSULTING | UNIVERSITY OF SAN DIEGO, CA DISSERTATION: THE STRENGTHENING OF CIVIL SOCIETY: NONPROFIT CAPACITY BUILDING IN THE CITY OF SAN DIEGO [2020]
MASTER OF PUBLIC ADMINISTRATION IN NONPROFIT MANAGEMENT | New York University, New York, NY [1997]
BACHELOR OF SCIENCE IN CRIMINAL JUSTICE | 6DLQW-RKQ·V8QLYHUVLW\4XHHQV1< [1993]

HONORS AND CERTIFICATIONS
Cornell University Diversity and Inclusion Certificate [ANTICIPATED, APRIL 2021] California Assembly Member Dr. Shirley N. Weber Volunteer of the Year Award [2020] ACC Certified Coach, International Coaching Federation [2020] Adjunct Faculty Member of the Year, University of San Diego, [2019] University of Cambridge ² Learn to Lead Program, Leadership Fellow [2017] DRAFT

City of Richmond Teambuilding and Strategic Planning

DR. TAKISHA CORBETT, PHD
P. O. Box #212164, Chula Vista CA 91921
(916) 606-8717 [email protected]
California Clinical Psychology License: PSY31413
Registered Health Service Psychologist #57061

EDUCATION
Fuller Graduate School of Psychology (APA Accredited) (Sept 2009 ± Sept 2016) Fuller Theological Seminary, Pasadena, California
Degree: M.A. Psychology
Degree: M.A. Theology
Degree: Ph.D. Psychology
Pepperdine University, Los Angeles, California
Degree: M.A. Psychology
California State University, Fullerton, Fullerton, California Degree: B.A. Psychology

LICENSED CLINICAL PSYCHOLOGIST & OTHER OCCUPATION EXPERIENCE Senior Mental Health Clinician (April 2022 ± Present)
Long Beach City College District
x Provides lead direction, consultation, training and supervision to staff and interns; evaluates the work of assigned technical and support staff; administers specified program area; provides education and consultation to assigned staff, students, faculty, community agencies and the public; participates in quality assurance/peer review functions; provides direction for mental health services and related campus activities.

Clinical Psychologist (April 2020 ± Present)
Pacific Neurobehavioral Clinic, PC
x Therapy. Provide indi vidual short-term and long-term treatment to adults including college students, active -duty military, veterans, and older adults. Perform initial screening and assessments, diagnostic formulation (DSM 5), and develop treatment plans. x Testing. Administer psychological and neuropsychological batteries to individuals referred for diagnostic clarification, ADHD screening, learning disorders, and screening assessment of neurocognitive functioning. Assessments included clinical interviewing; administration, scoring, and interpretation of psychological and neuropsychological batteries; integration of test results with medical record data, current research literature, consultation with medical providers, and DSM 5 diagnostic criteria. Provided feedback and consultation as needed to the referring psychiatrist or physician.

Health Educator 3 (October 2019 ± Present)
University of California, San Diego: School of Medicine, Department of Pediatrics DRAFT

City of Richmond Teambuilding and Strategic Planning

x Provide direction and oversight for NIH funded grant exploring clinical interventions to improve pediatric obesity treatment outcomes (Rhee: R01DK106157). Provided clinical supervision of treatment interventions (group treatment and family coaching); lead group treatment; developed, trained, and supervised qualitative analysis of video coding on parent- child feeding behaviors.

Director of Organization Development and Assessments (January 2014 ± Present) The Pivotal Group Consultants, Inc.
x Provide direction and unique design for change process for organization development, training, and leadership development. Work with organizations to define clear objectives and identify appropriate assessment tools to support short and long-term goals. Provide executive coaching to individuals, business owners, managers, project leaders, executives, senior leadership members, and board members.

Program Operations Manager (January 2004 ± June 2009)
Boys Town California, Inc., Los Angeles and Orange County, California x Oversaw all Boys Town California program operations in Los Angeles and Orange Counties including In-Home Family Services, Treatment Family Homes, and Intervention and Assessment Service Centers providing treatment to underserved youth and families; served more than 600 youth and families per year. Provided clinical oversight on youth and family treatment plans across all programs, using cognitive and behavioral interventions, goal setting strategies, and outcome measurements.
x Provided consultation and support to Program Directors to ensure quality clinical outcomes with at risk youth and families, effective staff development, adherence to annual budget, and compliance with all licensing and contracting agency regulations. x Designed and implemented annual training and education plan.

VOLUNTEER ACTIVITIES
x Voting Member of the Chula Vista Police Department Chief's Community Advisory Committee, 2017-present
x Delta Sigma Theta Sorority, Inc., A service sorority, 1996-present x Board Member, South Central Los Angeles Regional Center, Friends of SCLARC, 2009- 2013
x 6DUDK¶V'DXJKWHUV$)DLWK-Based Mentoring Program, 2005-2011 x Big Brother Big Sister of Los Angeles and Inland Empire, 2001-2008 DRAFT

City of Richmond Teambuilding and Strategic Planning

Kirsten Bolter Navis Alameda, California
262-672-3982 | [email protected]

EDUCATION
University of San Diego Graduate School of Leadership and Education Sciences San Diego, CA
Master of Arts in Nonprofit Leadership and Management (2017) Houghton College
Houghton, NY
Bachelor of Arts in International Relations, Minor in Islamic Studies (2010)

EXPERIENCE
The Pivotal Group Consultants, Inc., Remote/San Diego, CA/Washington, DC/Alameda, CA, Consultant (Nov 2018-Present)
x Met and collaborated with clients and external vendors while representing TPG to developed multi-year strategic plans for nonprofit client organizations x Facilitated board and leadership meetings and team retreats x Developed content for team building presentations and activities x Crafted surveys for staff, board, and external stakeholders; analyzed qualitative and quantitative data while applying theoretical frameworks to identify gaps, evaluate problems, and synthesize recommendations
x Researched sector specific information and wrote literature reviews to drive recommendations and conclusions; developed strategies and action plans for clients; drafted and designed content for final products
x Wrote bids and applications for approved contractor status for California municipal and county government which were awarded
x Evaluated, scored, and recommended grantee applications on behalf of client foundations x Managed the planning process and project timelines for the TPG team x Recent clients include national and regional industry associations such as Sacramento Steps Forward, Richmond Neighborhood Housing Services, Circulate San Diego, Biocom, Privacy Rights Clearinghouse, and Public Health Alliance.

Univ. of San Diego Nonprofit Leadership and Mgmt. Program, San Diego, CA, Graduate Student Consultant (Aug 2015-May 2017)
x Consulted with several local nonprofits to produce various deliverables including board manuals, by-law revisions, financial risk and opportunities assessments, volunteer program assessments, marketing and fundraising plans, performance management designs, strategic framework reports, etc.

San Diego River Park Foundation, San Diego, CA, Administrative Associate (Jan 2016-Sept 2017)
x Processed all donations and grants in DonorPerfect, generated membership renewal notices, donor receipts, and recognition/appreciation documents x Prospected potential grants and foundations, tracked proposal and reporting deadlines x Database processing and cleaning of donor tracking system DRAFT

City of Richmond Teambuilding and Strategic Planning

x Filed annual property tax statements for foundation land acquisitions Mennonite Central Committee, Santa Cruz, Bolivia, Connecting Peoples Facilitator (Oct 2011-Jan 2015) and Field Office Accountant (June 2014-Jan 2015) x Recruited, supervised, and mentored an international team of 5 junior staff (and grew it to 7) who were seconded to local partner organizations
x Designed and implemented on-boarding and off-boarding orientations and de-briefing sessions for all incoming and outgoing staff, provided HR support for team x Developed objectives, tracked, and measured impacts for three-year project plan, allocating and managing its $130k annual budget, which was used as a regional best practice model for projects focused on peacebuilding, advocacy, and intercultural exchange
x Planned and coordinated professional development meetings and retreats to foster worker self-care and facilitate constructive relationships in a multicultural and bilingual team x Provided financial accounting for the Bolivia field office to balance the $770k annual country program budget and reconcile expense reports for 24 workers KIPP DuBois Collegiate Academy, Philadelphia, PA, Academic Support (Sep 2010-June 2011) x Provided individual and group-based supplemental learning support to students x Input and analyzed benchmark data, consolidated, and reported results to administrators Hope Refugee Services, Buffalo, NY, Refugee Case Worker/ESL Co-Teacher (May-Aug 2009) x Advocated and mediated for refugees between social services, healthcare providers, landlords, telecommunications providers, and various businesses x Co-taught an 8th grade ESL summer school program through Buffalo Public Schools Food for the Hungry International, Apac, Uganda, Junior Project Officer (Oct 2008) x Conducted a community needs assessment through qualitative and quantitative research x Surveyed Food )RUWKH+XQJU\,QWHUQDWLRQDO¶VFKLOGGHYHORSPHQWSURJUDPVLQWZRUXUDO communities
SKILLS
x Managerial and leadership experience in cross-cultural, multi-lingual contexts x Training with CliftonStregnths Coaching
x Customer service, interacting with high-level donors, and managing client relationships x Data gathering, manipulation, and presentation using Survey Monkey and Excel x Fluency in Microsoft Access, Powerpoint, DonorPerfect, SmartSheet, Google Drive, FasWin accounting software, multiple video conferencing platforms x Grant writing, grantmaking and evaluating
x Event planning, organization, and logistics for large groups of people in multicultural contexts
DRAFT

City of Richmond Teambuilding and Strategic Planning

Firm Qualifications and References
TPG LVDOHDGLQJFRQVXOWLQJ¿UPSURYLGLQJassessments, leadership development, strategic planning, executive coaching, and other specialized services since 2013. We accelerate individual, team, and organizational needs that supply the right combination of ideas and expertise to guide our clients to build on their strengths, navigate obstacles, and meet their mission. We have over a decade of experience working with government entities. The following four tables provide references and examples of work we have completed that are of similar scope to this RFP.

Key Staff:

Dr. Lyn Corbett and Kirsten Navis
Project #1 Reference #1
Company Name
San Diego County Emergency Medical
Services Office/ CAL Fire
Project Contact Name:

Jeff Colins
Project Name & Contract Amount
Strategic Plan, $87,000
3URMHFW&RQWDFW¶V5ROH7LWOH

Director
Project Start Date (Month, Day, Year)
June 1, 2022
Phone Number & Email Address
619-339-0283, [email protected]
Project End Date (Month, Day, Year)
November 5, 2022
Address:
5560 Overland Ave Suite 400,
San Diego, CA 92123
Organization employee count:
~100 (including County Office and CAL Fire)
Quantity of conducted information-gathering
sessions that generated feedback on
projects with government entity Staff:
15+ staff or steering committee meetings
30+ stakeholder interviews/focus groups
~950 stakeholder surveys
Established Strategies that increased
participation with the State workforce and/or
facilitated in change management:
x Review of current EMS Office
practices, processes, and activities.
x Where the EMS Office is headed in the
next five ± ten (5-10) years.
x How the EMS Office can evolve to
bring innovative vision and leadership
to the EMS community.
x Facilitated interviews/discussions with
stakeholders
x See attached outward facing strategic
plan for specific strategies developed
during this project
Description of training workshops that were
facilitated and coordinated for leadership
teams related to Strategic Plan
implementation and ongoing monitoring:
x With the help of County staff input,
developed the EMS organizational
mission, vision, and values statements.
x Administered an Employee
Engagement Survey
x With the help of County staff and
stakeholder input, create an EMS
strategic plan to include goals,
framework, and measurable objectives
and operationalizing companion
document
Description of relevant experience:

DRAFT

City of Richmond Teambuilding and Strategic Planning

The strategic planning process used a highly collaborative, multi-phase approach which allowed us to hear from stakeholders, evaluate internal capacity and external context, and strategize future goals, objectives and activities. The initial steps focused on gathering and analyzing data and feedback to identify critical issues. We then focused on strategic workshopping that culminated in specific and relevant goals and objectives in the form of a roadmap that the County Emergency Medical Services Office will use to implement and monitor future activities.

Key Staff:

Dr. Lyn Corbett and Kirsten Navis
Project #2 Reference #2
Company Name
Privacy Rights Clearinghouse
Project Contact Name:

Meghan Land
Project Name & Contract Amount
Strategic Plan, $15,000
3URMHFW&RQWDFW¶V5ROH7LWOH

Director
Project Start Date (Month, Day, Year)
4/13/2019
Phone Number & Email:
(619) 298-3396, [email protected]
Project End Date (Month, Day, Year)
7/7/2020
Address:
https://privacyrightsclearinghouse.org/
Organization employee count:
~10 (including staff and board)
Quantity of conducted information-gathering
sessions that generated feedback on
projects with government entity Staff:
15+ staff or board committee meetings
8+ stakeholder interviews/focus groups
~190 stakeholder surveys
Established Strategies that increased
participation with the State workforce and/or
facilitated in change management:
x Review of current organization
practices, processes, and activities.
x Where the organization is headed in
the next three-five years.
x How the organization can evolve to
bring innovative vision and leadership
to the privacy rights arena.
x Facilitated interviews/discussions with
stakeholders
x See attached outward facing strategic
plan for specific strategies developed
during this project
Description of training workshops that were
facilitated and coordinated for leadership
teams related to Strategic Plan
implementation and ongoing monitoring:
x With the help of staff input, developed
the organizational mission, vision, and
values statements.
x Workshop topics on Theory of
Change
x With the help of County staff and
stakeholder input, create an strategic
plan to include goals, framework, and
measurable objectives.
x Facilitated the development of an
operationalizing plan and process
timeline
Description of relevant experience:

The strategic planning process used a highly collaborative, multi-phase approach which allowed us to hear from stakeholders, evaluate internal capacity and external context, and strategize future goals, objectives and activities. The initial steps focused on gathering and analyzing data and feedback to identify critical issues. We then focused on strategic workshopping that culminated in DRAFT

City of Richmond Teambuilding and Strategic Planning

specific and relevant goals and objectives in the form of a roadmap that Privacy Rights Clearinghouse will use to implement and monitor future activities.

Key Staff:

Dr. Lyn Corbett and Kirsten Navis
Project #3 Reference #3
Company Name
Sacramento Steps Forward
Project Contact Name:

Lisa Bates
Project Name & Contract Amount
Strategic Plan, $40,000
3URMHFW&RQWDFW¶V5ROH7LWOH

Executive Director
Project Start Date (Month, Day, Year)
2/03/2021
Phone Number & Email
(619) 298-3396, [email protected]
Project End Date (Month, Day, Year)
9/14/2021
Address:
2150 River Plaza Drive, Suite 385
Sacramento, CA 95833
Organization employee count:
~25 (including staff and board)
Quantity of conducted information-gathering
sessions that generated feedback on
projects with government entity Staff:
20+ staff or board committee meetings
10+ stakeholder interviews/focus groups
Established Strategies that increased
participation with the State workforce and/or
facilitated in change management:
x Review of current organization
practices, processes, and activities.
x Where the organization is headed in
the next three-five years.
x How the organization can evolve to
bring innovative vision and
leadership.
x Facilitated interviews/discussions with
stakeholders
x See attached outward facing strategic
plan for specific strategies developed
during this project
Description of training workshops that were
facilitated and coordinated for leadership
teams related to Strategic Plan
implementation and ongoing monitoring:
x With the help of staff input, developed
the organizational mission, vision, and
values statements.
x Workshop topics on Theory of
Change
x With the help of staff and stakeholder
input, create a strategic plan to include
goals, framework, and measurable
objectives.
x Facilitated the development of an
operationalizing plan and process
timeline
x Effective team building, values
statement development, strategy
review, mission and vision review,
and establishment of program goals
and priorities.
x Finalize existing strategies and
development of an internal/external
strategic planning document.

DRAFT

City of Richmond Teambuilding and Strategic Planning

x The development of measurable
benchmarks and timelines and an
implementation strategy.
x Completed interviews and analysis of
SSF Board Members.
x Completed 360 LPI leadership
assessments and/or Core Capacity
Assessment Tool
Description of relevant experience:

The strategic planning process used a highly collaborative, multi-phase approach which allowed us to hear from stakeholders, evaluate internal capacity and external context, and strategize future goals, objectives and activities. The initial steps focused on gathering and analyzing data and feedback to identify critical issues. We then focused on strategic workshopping that culminated in specific and relevant goals and objectives in the form of a roadmap that SSF will use to implement and monitor future activities.

A secondary component to this project was facilitating employee training sessions to further GHYHORSWRROVIRUFROODERUDWLRQDQGHQKDQFHPDQDJHUV¶DELOLWLHVWRJHQHUDWHHQWKXVLDVPDQG individual confidence personally and in the strategic plan.

Key Staff:

Dr. Lyn Corbett and Kirsten Navis
Project #4 Reference #4
Company Name
Sonoma County Human Services
Project Contact Name:

Martin Graff
Project Name
Executive Team Development and Retreats
3URMHFW&RQWDFW¶V5ROH7LWOH

Organizational Development Manager
Project Start
11/2021
Phone Number & Email
(707) 565-5906, [email protected]
Project End Date
Current
Address:
3600 Westwind Boulevard
Santa Rosa, CA 95403
Description of relevant experience:

Scope of Work: Retreat Planning and Facilitation, Assessments, and Executive Coaching x TPG administered The Five Behaviors of a Cohesive Team assessment-based learning experience designed to help individuals and organizations reveal what it takes to build a truly cohesive and effective team in the most approachable, competent and effective way possible. Unified and energized staff by helping them appreciate each other and work WRJHWKHUWRDFKLHYHWKHRUJDQL]DWLRQ¶VPLVVLRQ
x TPG organized and scheduled design, meeting facilitation, and follow-up based on Sonoma County prioritizations and needs. Tasks included attending meetings, co- developing overarching retreat goals, meeting with any committees, developing retreat pre- work and agendas, developing handouts, facilitating discussions, and confirming follow-up assignments. TPG provided onsite retreat activities and facilitation, including pre-work and post-work.
x TPG administers follow-up coaching.

DRAFT

City of Richmond Teambuilding and Strategic Planning

Copy of Previous Strategic Plan
See the end of this document for a copy of the strategic plan TPG developed for San Diego County Emergency Medical Services (EMS).

Exceptions to this RFP
TPG does not take any exceptions to this RFP.

Statement of Impartiality and Disclosure
TPG is not currently and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently or likely to be in conflict with the &LW\RI5LFKPRQG¶VLQWHUHVWV$GGLWLRQDOO\73*GRHVQRWKDYHDQ\SHQGing or active investigations or litigation.

Schedule & Cost Information Table
Proposed Approach Timeline
We work with our clients to develop a project timeline that works for them. The anticipated timeframe for this project is March 2023 through the 2nd quarter of 2025.

See the Schedule & Cost Information Table (below) for a detailed timeline.

Cost Information
The total price proposal with contingency is $288,796.00 to complete all tasks identified in the City scope of services.

See the Schedule & Cost Information Table (below) for a detailed cost breakdown.

DRAFT

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DRAFT

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHM

OND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

DRAFT

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:

DRAFT

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

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, DRAFT

General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable inte llectual 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.

DRAFT

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.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

DRAFT

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:

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 DRAFT

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.

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 DRAFT

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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 DRAFT

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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 DRAFT

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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 DRAFT

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City reserves the right to employ other Contractors in connection with the project.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view DRAFT