Richmond City Council
July 1, 2025

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

City Project Manager E-mail: City Project Manager Phone No:

Vendor No: 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, a municipal corporation (“the City”), and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:
☐ 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 terminates _________________ unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.

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

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.

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

10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.

11. Signatures. These signatures attest the parties' agreement hereto:

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)

By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________

I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)

By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)

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
Sanctuary City Compliance Statement Exhibit G

Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the Project Manager ( set forth in Exhibit B) , perform the following services and be compensated as outlined below [or attach service plan if necessary]:

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 1 TO Port of Richmond 31454.000
Port of Richmond Condition
Assessment
EMAIL Online submission
Port of Richmond
DATE May 9, 2025

REGARDING Proposal for Port of Richmond Processing Building Condition Assessment and Preliminary Rehabilitation Plan (Revision 1)
Dear Port of Richmond,
I am pleased to submit this proposal on behalf of RDH Building Science Inc. (RDH) for a Building Condition Assessment and Preliminary Rehabilitation Plan for the Port of Richmond Processing Building, located at the Point Potrero Marine Terminal in Richmond, CA.

Founded in 1997, RDH is a high-performance building science consulting and engineering firm that is dedicated to improving the built environment. We recognize that Building Science is a holistic discipline, one that brings together durability, environmental impact, and performance to create long-lasting solutions. Our work reflects a commitment to these principles, ensuring that every project we undertake contributes to building a more sustainable and resilient future.

With over two decades of experience in the field, RDH has completed numerous condition assessments on buildings and historical structures throughout the San Francisco Bay Area. We understand the unique needs of aging structures, and our team’s expertise allows us to deliver thorough, actionable insights that help our clients make informed decisions regarding their building’s future.

This proposal outlines our approach to performing a comprehensive condition assessment of the Port of Richmond Processing Building. We will evaluate the existing conditions, identify any critical repair or rehabilitation needs, and develop a Preliminary Rehabilitation Plan to guide future work. Our goal is to provide you with a clear, well-structured plan that balances technical feasibility, cost-effectiveness, and long-term durability.

We are confident that RDH’s experience and commitment to excellence will ensure a successful outcome for this project, and we look forward to the opportunity to work with you. Please do not hesitate to contact me directly with any questions or for further clarification on any aspect of this proposal. We are happy to revise our services as needed.

Thank you for considering RDH Building Science Inc. We look forward to collaborating with you.

Tammy Siliznoff | MS, PE (CA), LEED AP
Principal, Specialist
[email protected]
T 510-853-4497
RDH Building Science Inc.

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 2 Project Background
The Processing Building (Machine Shop) at Shipyard Number 3, at the Point Potrero Marine Terminal was built between 1941 and 1942 and is listed in the National Register of Historic Places. It is located within the Rosie the Riveter World War II Home Front National Historic Park.

The Processing Building is owned and operated by the Port of Richmond and is currently leased to an automotive outfitter. The building enclosure systems at the Processing Building, including the metal panel exterior walls, single-pane fenestrations, and multi-ply roofing, are deteriorating and failing. The existing deterioration has been evidenced by water intrusion, failing windows and glazing, and poor ventilation. Additionally, assessment of the interior mechanical and electrical systems is necessary to determine the existing condition and immediate and future needs of these systems. We understand that the Port of Richmond is seeking services to assess the Processing Building’s condition and make recommendations for its rehabilitation and renovation.

Port of Richmond
Processing Building (South
Elevation)

Scope of Services
We consider this condition assessment to be an evaluation phase to assess the current condition of the building enclosure and to determine the extent to which subsequent repair work is necessary, or where the opportunity exists to significantly improve the overall building performance related to energy and comfort. RDH will partner with Marx Okubo to perform assessments, provide recommendations for rehabilitation needs, and provide budgets for those needs.

RDH will provide the building enclosure scope of work while Marx Okubo will provide the mechanical, electrical, plumbing, and fire protection systems condition assessment. Note that the building enclosure is directly related to the heating and

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 3 ventilation aspect of the condition assessment and will require close coordination with Marx Okubo.

Building Enclosure
Our building enclosure condition assessment will include a visual assessment and diagnostic testing, with the intent of providing the Port of Richmond information on the current condition of building enclosure systems, including the cladding, paint, roofing, and fenestrations. We will review for potential issues related to drainage, condensation risk, and overall building envelope performance. Following our site assessment, we will assess the feasibility of various repair and performance upgrades and provide the Port of Richmond with multiple options for both short and long-term rehabilitation.

Our base scope of work includes a visual inspection from the ground and flat roof areas, and a drone survey of the exterior and interior spaces. We may also use various non-destructive testing procedures, such as infrared thermography, to assess for hidden wet areas. We will also perform diagnostic water testing in targeted locations to investigate potential leak paths through the existing building enclosure. Following our initial visual inspection and testing, we may request that exploratory openings be made to verify locations of water intrusion or other deficiencies within the existing assemblies.

Heating, Ventilation, and Electrical
Marx Okubo will perform one site visit, which will include a limited walk-through survey of the mechanical, electrical, plumbing, and fire protection systems at accessible areas. The extent of review is based upon the sample size(s) for property elements as specifically defined herein, or as determined by Marx Okubo as a reasonable number of repetitive systems, components or conditions so as to reasonably perform the Services. The objective of the walk-through survey is to visually observe the subject property so as to obtain information on material systems and components for purposes of providing a brief description, identifying physical deficiencies to the extent that they are readily visible and readily accessible, identifying an opinion of costs when appropriate, and obtaining information needed to address such issues.

Note that the scope of this proposal does not include energy modeling, design, documentation, or implementation of repairs, since the extent of this potential work is still unknown. This proposal covers Phase 1 as defined below (Condition Assessment).  We will provide a separate proposal for Phases 2 and 3 after the Condition Assessment, if requested , once the team has better defined the scope for the building enclosure rehabilitation.  Accordingly, we break down the project into the following phases:
 Phase 1 – Condition Assessment  and Scope Definition
 Phase 2 – Design and Value Engineering

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 4  Phase 3 – Construction & Construction Administration
Phase 1 – Condition Assessment (CA)
We have separated our condition assessment scope into general services, and system-specific services, for clarity.

General

Review any available documentation pertaining to the original design and construction of the building enclosure, as well as any renovations related to the facade.  This documentation should ideally include full sets of architectural, structural, and mechanical drawings with specifications and, if available, any photographs of the building while under construction or renovation. These documents may be used to specifically identify, or assist in the identi fication of, physical de ficiencies, as well as any preceding or ongoing efforts, or costs to investigate or remediate the physical de ficiencies, or a combination thereof.. No commentary on the accuracy of such documents will be included.  Review any documentation relevant to the existing project conditions, including but not limited to moisture-related, mechanical, or electrical issues, and previous reports, photographs, and information related to previous repair work or renovations undertaken.
 Conduct an initial site walk with the project team to familiarize ourselves with the building, define the scope of work, obtain a better understanding of the building enclosure, mechanical, and electrical systems, and discuss the Port of Richmond’s general needs. This meeting and preliminary site walk occurred on April 18, 2025.
 Known issues of concern to the include:
 replacing outdated and hazardous electrical circuits, panels and safety switches within the building; upgrades to restrooms, including replacement of all plumbing fixtures (with some exceptions); overall condition of cast iron sanitary waste and vent lines; demolition of all abandoned compressed air and other process piping.
 Water ingress at the roofs, walls and windows, corrosion of the exterior metal wall panels and steel-framed windows, water ingress at the offices and break room areas.
 Per the Port, scope of investigation of plumbing systems limited to piping within or directly under the building.
 Spend up to two (2) days on site with staff from RDH to review the condition of the building enclosure systems, conduct diagnostic testing, and review exploratory openings (if applicable). We note that the primary focuses of our investigation and testing may evolve based on our observations and findings in the field. Staff from Marx Okubo will spend one (1) day on site in conjunction with RDH to visually review the building with respect to the heating, ventilation,

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 5 air conditioning, plumbing, electrical, and fire protection systems to the extent they are accessible and visible. During the investigation, we will require the Port of Richmond to provide us with safe access to the interior and exterior of the building and the applicable mechanical and electrical equipment. Means of safe access may include ladders and tie-off anchors at roofs (we will provide our own harnesses and lanyards, and other PPE).
 We will make reasonable efforts to interview property management and maintenance personnel during the site visit, or by telephone before or after the site visit, to the extent that persons with knowledge of the subject project are available and cooperative. The purpose of the interviews is to augment the walk-through process, further our understanding of the subject property, and assist with the identification of physical deficiencies. Questions will be asked at our discretion in an effort to discover the following information:
 Type and extent of deferred maintenance and deficiencies.  Anticipated costs to remedy known physical deficiencies .  Historical costs incurred for repairs, improvements, recurring replacements, etc.
 Programs for preventative maintenance, repairs, and budgeting for replacement reserves.
 Age of systems, components and equipment when they differ from the age of the property.
 Current and recent maintenance practices.
 Existence of outstanding citations for building, fire, and zoning code violations.

Interiors

Perform a visual walk-through review of interior conditions, to assess any impact of exterior enclosure performance issues. We request access to rooms that border exterior walls and roofs.  If any rooms are experiencing specific problems as identified by maintenance staff or the Owner, we would request that those units be part of our survey.  We will review accessible and visible areas where heating and ventilation, plumbing, electrical, and fire protection equipment are installed. This includes the offices, break rooms, and restrooms, as well as any other applicable locations.
 Perform a drone survey of the interior walls and ceilings. We will use a drone (provided and operated by RDH) to document the overall conditions of the interior walls and ceilings, and to review locations that are not readily accessible to our staff during our investigation
 Where visible on either the exterior or interior, we will document the locations of roof drains and downspouts to assist with future design phase efforts.

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 6 Exterior Walls and Roofs

Perform a visual review of the exterior walls, roofs, metal flashings, at-grade conditions, and other cladding elements to gain a broad perspective of the construction methodology and performance of the building materials. We anticipate accessing the exterior walls from the ground and low roofs, using ladders or other safe access means as necessary. Access to the exterior of the building, including ladders and lifts, is to be provided by the Port of Richmond.  Perform a drone survey of the exterior walls and roof. We will use a drone (provided and operated by RDH) to document the overall conditions of the exterior walls and roofs, and to review locations that are not readily accessible to our staff during our investigation.
 We will review for concrete base of wall performance, noting locations and degree of spalling, any coating deficiencies, reinforcing bar corrosion, and efflorescence.
 Review and comment on drainage patterns and conditions at the roof areas and compare against historic information that may be available on the original drawings or as part of other project documentation.
 Where safe access exists, perform a visual review of a representative sampling of the roof areas, including identification of material types, roof slopes, conditions of flashings and edge conditions, and overall assessment of the approximate remaining useful life. If appropriate, we may perform an infrared (IR) thermography scan to help identify areas of water intrusion.  Exploratory Openings:  In the event that our visual assessment and diagnostic testing reveals significant evidence of issues occurring in concealed locations, we may recommend that exploratory openings be made to confirm concealed conditions. This would entail engaging a local contractor to make openings through the exterior or interior assemblies to determine the concealed construction and conditions. We will direct the contractor to make openings in certain areas, carefully disassemble underlying materials to allow our observation, and then repair the openings back to their original condition. The cost of a general contractor’s assistance to make and repair openings is not included in our fee.

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 7 Example Roof IR Scan

Glazing Systems

Perform a visual assessment of wet seals, putty, and glazing gaskets at a representative sampling of each window type (including glazed doors).  Identify areas of decay at wood windows and corrosion at steel-framed windows.
 During interior review, identify evidence of window frame or glazing leakage.  Review for operable functionality, hardware, sash weights, glazing seal failure, frame deformation, and other visually identifiable conditions that may affect the assembly performance.
 Measure window components and surroundings to identify options for repairs and thermal upgrades at windows.

Diagnostic Water Testing
Diagnostic water testing is an investigative tool that may be used to assess the overall performance characteristics of windows, wall assemblies, and roof assemblies, and to track specific leakage activity to determine its cause. RDH has all the equipment and trained, skilled staff necessary to perform diagnostic water testing at the existing window, wall, and roof assemblies. We will use a calibrated AAMA nozzle and test in accordance with AAMA 501.2 Quality Assurance and Water Field Check of Installed Storefronts, Curtain Walls and Sloped Glazing Systems and ASTM E2128 Standard Guide for Evaluating Water Leakage of Building Walls .

Schedule of Activities and Key Milestones
Based on the RFP, we understand that the Port’s timeline for the condition assessment is as follows:
 Notice to Proceed issued Late March 2025

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 8  Meetings with The Port of Richmond for project kick-off and coordination, Early April, 2025confirm
 Site Investigation to be coordinated with The Port of Richmond approximately between April 15th – May 15th, 2025.
 Two Draft Condition Assessment Reports June-July 2025  2 Meetings with Port of Richmond June-July, 2025
 Complete Final Report by July 2025
 Meeting with The Port to present final report and answer questions Based on discussion with the Port of Richmond during our site walk on April 18, 2025, we understand that the site investigation may not be conducted until June- July 2025. In this case, we anticipate providing two draft condition assessment reports and attending follow-up meetings between July-August 2025, and anticipating completing the final report by the end of August 2025.

Deliverables
Once our field efforts are complete, we will:
 Prepare a written and photo-illustrated Condition Assessment Report documenting the findings from our evaluation of the building enclosure, heating, electrical, and ventilation systems. We will provide two drafts for review and one final report. Our report will include the following:
 Detailed descriptions of the deficient conditions on the building, the causes of these conditions, and the existing and future needs of the building to address these conditions. We will provide several repair options and identify the repair options as short-, mid-, or long-term.  Options for rehabilitation in consideration of the building’s historic designation. We will follow the U.S. Department of Interior guidelines for preserving the historic nature of the building. We have also budgeted up to eight (8) hours of time for correspondence and meetings with the City of Richmond related to meeting historic requirements.  Alternative repair approaches. We understand that the Port of Richmond is interested in a range of repair options, where applicable. These may include full rehabilitation of the building enclosure, targeted repairs and replacement of exterior elements, interior retrofit options, and addition of modular buildings to replace interior break rooms and offices. Our report will include MEP implications/recommendations for the addition of modular buildings interior of the building enclosure.  Results of diagnostic water testing and other testing (if any).  We will provide an Opinion of Costs document (“Costs”) to address the necessary capital expenditures identified during the performance of our Basic Services. The Costs are intended only as a preliminary budget and not the

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 9 actual estimated costs to complete repairs, as actual costs will vary depending on the design, current subcontractor market factors, and potentially unforeseen conditions associated with the components for which an opinion of cost is provided. Items to be included in the Costs will be greater than $3,000 per item, with the exception of items determined by the team to be life/safety and accessibility issues, which will be included in the Costs regardless of their value.
 Participate in up to five (5) online meetings with the Port of Richmond and/or the broader project team to review our findings and to define the scope of work for subsequent phases.
 We will provide electronic copies of the Costs and Report in Portable Document Format (PDF) format.

Exclusions

MEP Exclusions: Observations of flue connections, interiors of chimneys, flues or boiler stacks; tenant-owned or maintained equipment; process-related equipment; testing or measurements of equipment or air flow; removal of electrical panel and device covers, except if removed by building staff or unless deemed safe and appropriate to the scope of the assignment; EMF issues; electrical testing or operating of any electrical devices; determining NFPA hazard classifications; and entering of plenum or confined space areas, unless deemed safe and appropriate to the scope of the assignment.  Contractor costs to make and repair exploratory openings (if applicable).  Access provisions, including lifts and ladders.

Project + Client References

Pier 70, Building 12, San
Francisco
Pier 70 Building 12 was used as a
naval shipbuilding facility in the
1940s, but had been unoccupied
for decades.

The building has been
rehabilitated into a mixed use
commercial and office building,
which included raising the original
structure an additional story.

The historic preservation authority
required that the original steel-
framed windows and corrugated
cladding be preserved.

RDH provided building enclosure
condition assessment, design
assist services, and construction
administration and field review
services to restore and re-glaze
the historic steel-framed windows
and corrugated cladding, insulate
the exterior walls, add a

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 10

conventional SBS roof assembly
and below-grade waterproofing
system, and add curtain wall and
sliding glazing systems at grade.

Client Reference:

Ariane Fehrenkamp, AIA, LEED AP
Senior Project Manager, Senior
Associate, Perkins & Will
415-780-9707 |
Ariane.Fehrenkamp@perkinswill.
com

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 11

McClintock Building, San
Francisco
The McClintock Building in San
Francisco is a historic concrete
framed building.

Restoration and modernization of
the building included new roofing,
new skylights, and repaired
windows, repaired exterior
concrete walls, and roof deck
waterproofing.

RDH services included a condition
assessment, encompassing water
testing and infrared thermography
to examine the existing roof for
water intrusion, and design assist
services for the renovation.

Client Reference:

NAME, Perkins & Will
tel | email

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 12

American Steel Building,
Oakland, CA
RDH performed building enclosure
condition assessment services, a
water intrusion investigation and
testing of three former industrial
warehouse buildings, which make
up the American Steel property.

The buildings are steel-framed
construction, with steel-framed
windows and corrugated metal
siding.

The warehouses at American
Steel were built in 1924, 1937, and
1957, and underwent a major
renovation beginning in 2021.

American Steel is now a tech
startup hub.

Client Reference:

Gregory Scharlemann, Senior
Vice President,
ScanlanKemperBard
503-220-2600 |
[email protected]

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 13

RDH is the leader in the Building Enclosure Engineering field. The above documents are examples of our research and guideline work related to building enclosure performance. ( Building Enclosure Rehabilitation Guide: Multiunit Residential Wood-Framed Buildings ; Building Enclosure Design Guide – Wood-Frame Multi-Unit Residential Buildings ; Guide for Designing Energy-Efficient Building Enclosures for Wood -Frame Multi-Unit Residential Buildings in Marine to Cold Climate Zones in North America) Project Team
Tammy Siliznoff will lead this project as Principal-In-Charge, overseeing the overall execution of the work.

David Lattimore will act as Project Lead, leading the field review efforts, coordination, and building enclosure scope.

Sandy Blair will lead the MEP efforts for the project and will work with Brad Wolf for the condition assessment.

We will include other technical staff members to meet the needs and timeline for the condition assessment efforts.

Biographies for these staff members are enclosed for your reference. Please visit our website, www.rdh.com, for additional information regarding our firm.

Fees & Terms
Our General Terms and Conditions for this project, including our Project Rate Sheet, is attached and made part of this agreement. If you require the use of other terms, we will make good faith efforts to negotiate alternative contract terms, in which case, additional fees may apply.  However, if we are not able to mutually agree upon replacement terms or other form of contract, then the terms of this agreement will apply to the services already provided.

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 14

FEE SUMMARY TABLE
LEAK INVESTIGATION & REPORT (FIXED FEE) Base Servic es
Five (5) Online Meetings $5,500
Document Review $4,000
Preliminary Site Walk (completed) $3,500
Physical Condition Assessment – Building Enclosure (Two (2) days), includes testing equipment) $7,000
Drone Assessment (Includes equipment) $3,000
Physical Condition Assessment – Heating, Ventilation,
Electrical, Plumbing, Fire Protection Systems (One (1) day) $4,000
Report (Two (2) drafts, one (1) final), Opinion of Costs. $30,000 Estimated Expenses (site visit costs, equipment,
materials, meals, mileage expenses) $500
TOTAL $57,500
Terms
We understand the terms of agreement must follow the Attachment D with the City of Richmond, as outlined in the RFP.

rdh.com | buildingsciencelabs.com
Expertise +
Experience
Tammy's investigation work on new and existing
buildings spans a broad portfolio of types,
including city and government facilities, mixed-use
developments, residential buildings, and higher
education campuses. Particularly in her work in the
San Francisco Bay Area, she brings expertise,
construction experience, and material knowledge in
paints and coatings, corrosion, glazing assemblies,
roofing materials, and assemblies, wall claddings,
below-grade systems, expansion joints as well as
other building elements to the project dynamic.

She is highly experienced with material and
assembly testing and analysis using industry
standards or modified test methods, such of
material analysis by electron and optical
microscopy, material properties testing, water
testing, material adhesion testing, air infiltration
testing, hygrothermal monitoring, and a variety of
other tests.

In addition to leading countless investigation
projects on behalf of RDH, Tammy is also skilled in
providing litigation support services that
objectively prepare our clients for issues raised in
disputes. As a highly skilled engineer, she draws on
her expertise in materials science, climate,
architecture, construction, and risk to provide
expert witness testimony, coordination,
documentation, and other related services.

She joined the Oakland RDH office in January 2015.

Note projects listed (with SGH) are projects Tammy
worked on with his previous employer form 2007 –
2012.

Education
M.S. Materials Science and Engineering, University
of California, Davis
M.S. Civil Engineering Project Management,
University of California, Berkley
B.S. Materials Science and Engineering, University
of California, Davis
Memberships
Registered Professional Engineer, CA (80492)
LEED® Accredited Professional
Member, American Society of Civil Engineers
Member, Engineers Without Borders
Select Publications
 Siliznoff, T., Building Enclosure Design to
Accommodate Wood Shrinkage, Structure
Magazine, 2023.
 Harrell, T. Pinon, J., Shane, C . Building
Enclosure Design for Modular Construction. 3 rd
Residential Building Design & Construction
Conference, 2016.
 Harrell, T, et al. Microstructure and
Strengthening Mechanisms in an Ultrafine
Grained Al-Mg-Sc Alloy Produced by Powder
Metallurgy . Metallurgical and Materials
Transactions A, Vol. 45, December 2014.

Typical Projects

FORENSIC INVESTIGATIONS
Tammy provided investigation and condition
assessment services for the following existing
buildings:
 St. Elizabeth’s East Hospital, Washington, DC –
investigation and testing of bullet resistant
glazing with visible crazing.
 CSU Maritime Academy, Vallejo, CA – multiple
paint failure investigations of steel trellis and
remediation design.
 Hotel Nikko, San Francisco, CA – high rise
building condition assessment and adhered
tile failure investigation.
 Oakland Arena, Oakland, CA – plaza deck
waterproofing and roofing investigation and
design.
 1700 Webster, Oakland, CA – Pool enclosure
investigation, humidity and condensation
monitoring, corrosion assessment and
remediation design.
 Hayward Fire Training Center, Hayward, CA –
window and wall water intrusion investigation
and remediation design.

Tammy Siliznoff | M.S., P.E., LEED® AP
Principal, Specialist
As a Project Manager, Tammy is known to her clients as a diligent, detail- oriented, and communicative team member. Her knowledge and advanced studies in Materials Science are a reflection of her technical nature and problem-solving abilities in forensic investigations. She can be trusted to see that critical components of the project--whether it be related to identifying key factors in failure investigations, developing technical testing plans, design, schedule, budget or personnel--are thoughtfully considered and addressed. From beginning to end, Tammy is key to enabling a proactive, productive, and efficient project process.

Tammy Harrell | M.S., P.E., LEED® AP
Principal, Specialist
rdh.com | buildingsciencelabs.com
 Marin General Hospital, Greenbrae, CA –
below-grade, expansion joint, curtain wall, and
wall cladding investigations and remediation
design.
 Santa Barbara Cottage Hospital – investigation
of water intrusion at wall cladding and
corrosion within wall assembly,
recommendations for repair.
 EBMUD Orinda Water Treatment Plant Chemical
and Administration buildings – investigations
into water ingress of new roofs and provide
recommendations for repairs, identify
deficiencies associated with installation.
 Hotel Dena, Pasadena, CA – plaza and glazing
water intrusion investigation and
recommendations for repairs.
 Denver Art Museum, Denver, CA –
investigation and testing of condensation-
related water ingress at roofs (with SGH).
 Class action lawsuits of five vinyl-framed
window manufacturers throughout California.

Water and air infiltration testing (with SGH).

BUILDING ENCLOSURE CONDITION

ASSESSMENTS
 5 Third St, Hearst Building, San Francisco, CA –
Historic façade condition assessment.
 CSUS Mansion, Hillsborough, CA- full building
condition assessment and rehabilitation
recommendations for historic building.
 SJSU San Jose, CA - roof condition assessment
and recommendations for rehabilitation.
 EBMUD Orinda water treatment plan, Orinda,
CA- condition assessment of several building
roofs to determine the need for rehabilitation
and recommendations for assemblies.
 Sentinel Building, San Francisco, CA - façade
condition assessment and repair
recommendations for rehabilitation of copper
cladding and windows.

BUILDING ENCLOSURE CONSULTING
Tammy provided design and construction
document review services for the following
buildings:
 REALIZE CA, Various sites in CA – Panelized
deep energy retrofit development,
implementation and performance monitoring,
including installation of data loggers within
roof and wall assemblies, hygrothermal
monitoring and full building air infiltration
testing.
 Silvery Towers, San Jose, CA – Curtain wall and
waterproofing consultant of two high-rise
residential towers.
 Transbay Transit Center, San Francisco, CA –
Walkable fire-rated skylight system.
 San Leandro Affordable Housing, San Leandro,
CA – modular multi-family housing.
 Thunder Valley Casino Resort, Lincoln CA –
reroofing design.
 Stack Modular Projects, Belize (and other
locations) – Corrosion protection and testing
recommendations for steel structures in
contact with, and near, sea water.
 LA Metro Westside Extension, Los Angeles, CA
– below-grade material review for use in
contaminated conditions.

Figure 1. San Leandro Affordable Housing
modular construction.

Figure 2. St. Elizabeth Hospital bullet resistant
glazing failure investigation.

rdh.com
Expertise + Experience
Nicole’s typical responsibilities include providing
construction field review services as well as
contract administration, mock-up and assembly
reviews, warranty reviews, and site visit reports.

She works closely alongside Senior Project
Managers at RDH, providing building science
recommendations and consulting services.

In addition to her field duties, Nicole reviews and
analyzes design drawings, shop drawing
submittals, and assists with the development of
design details.

She also runs hygrothermal simulations using a
variety of programs including PHPP, WUFI, THERM
and HOT2000.

Prior to joining RDH in 2015, Nicole was an
Assistant Project Manager at a Canadian
construction services company, where she
managed financials, negotiations, forecasting and
account resolutions for multiple subcontractors, as
well as contract administration and design
coordination. Nicole was also previously a Utilities
and Construction Coordinator responsible for the
preparation and management of project schedules,
development of bid and contract documents, and
the design and construction coordination of major
utility work.

Nicole is an Associate and is committed to the
success of RDH projects.

Education
M.B.Sc., Building Science, Ryerson University, ON
B.A.Sc., Civil Engineering, University of Toronto,
ON
Memberships
Member, LEED AP Building Design + Construction
Typical Projects

BUILDING ENCLOSURE C ONSULTING
Nicole has assisted with a variety of new
construction projects, some of which include the
following:
→ Jewish Home of San Francisco Continuing Care
Residential Community, San Francisco, CA –
Five mid-rise buildings for senior living and
commercial space
→ Silvery Towers, San Jose, CA – Two high-rise
residential towers with a glazed window wall
and sections of metal panel
→ Lucile Packard Hospital at Stanford University,
Palo Alto, CA – Below-grade and plaza
waterproofing, unitized curtain and storefront
systems, point-supported structural glazing,
roofing systems
→ Apple Site Parking and Data Center, Cupertino,
CA – Waterproofing of below-grade data center
→ New Stanford Hospital, Palo Alto, CA – Design
and construction documents for this 800,000
sq ft hospital, primarily consisting of various
curtain wall assemblies, precast concrete
elements and plaza decks with multilayer
waterproofing system
→ 1201 Bryant Street, San Francisco, CA –
Renovation and repurposing of an existing
facility, aiming for LEED Gold certification
RESEARCH + DEVELOPMENT
Nicole’s research experience includes the analysis
of residential basement insulation at structural
footings for high efficiency and building code–
compliant homes.

Nicole Chatterton | EIT
Associate, Building Science Consultant
Nicole Chatterton is a Building Science Consultant with a background in civil engineering. Her primary focus of work is on new construction projects. Nicole has over nine years of experience working on major public infrastructure projects.

NAME

LOCATION

POSITION
Leadership
Sandy S. Blair, AIA, CASp
San Francisco, California
Vice President
Sandy, Vice President and a key part of the West region’s senior management, has been a longstanding member of the Marx|Okubo team for over two decades. She focuses on developing client relationships and business for the West region and is a client manager for national institutional clients. She is also engaged as a firm leader in design and constructability reviews, property condition assessments, owner’s representation, detailed cost analyses, and accessibility reviews. In her roles, she provides solutions to clients’ needs, maintains and strengthens existing client connections, and develops new relationships.

Sandy has been working in the fields of architecture and construction for nearly three decades, including design/build work. Her experience has included design development, construction document preparation, and construction administration for the renovation of residential properties, as well as owner’s representation of residential, retail, and office properties.

She has performed many forensic investigations focused on exterior envelope issues.

Sandy earned a bachelor’s degree in architecture from the University of California - Berkeley. She is a licensed architect in California and a member of the American Institute of Architects (AIA), as well as a Certified Access Specialist (CASp) in California.
[email protected]
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.

b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, 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.

c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:

Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804

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

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

b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.

Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Attn:

Email: ________________________________________________ Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.

The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.

b. 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 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.

d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:

a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).

b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.

The failure to obtain such permits and licenses 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.

9. TERMINATION:

a. Termination Without Default. Notwithstanding any provision herein to the contrary, the 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 transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.

b. 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 Exhibit B; 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.

10. 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 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:

a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.

b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 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.

b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

c. 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.

d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.

f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”

g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:

a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. 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.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. 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.

b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. 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 as prescribed in § 2.60.070 of the Municipal Code.

Contract No: ________ For the Contract between the City of Richmond and
_____________________________

c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or 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 sub-contractor.

d. 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.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. 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 Condition 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.

18. 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.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of Contract No: ________ For the Contract between the City of Richmond and
_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. 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.

21. INTERPRETATION:

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

22. WARRANTY:

If any product is 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.

23. 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 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.

24. 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 they are duly authorized to enter into and execute this Contract on behalf of Contractor, Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. 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 payment 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.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. 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”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.

Contract No: ________ 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, otherwise please state “NONE”):

11. HOLD HARMLESS: a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all third-party loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), to the extent caused by Contractor’s negligent performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8). 13. SAFETY: a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, and Contractor and its employees shall comply with City's safety program and any safety programs of City's contractor. Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report. c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section. 17. CONFLICTING PROVISIONS: In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto other than the General Conditions and the Special Conditions as set forth in Exhibit E, these General Conditions shall prevail; provided, however, that any Special Condition 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 other than the General Conditions and the Special Conditions as set forth in Exhibit E, those prepared by City shall prevail over those prepared by the Contractor. 20. CLAIMS: Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The time to bring claims arising from this Agreement shall be as provided in applicable law.

Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.

Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.

Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
Contract No: ________ For the Contract between the City of Richmond and
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
Contract No: ________ For the Contract between the City of Richmond and
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EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity: