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]:
KELLER BEACH SANITARY SEWER RELOCATION FEASIBILITY STUDY
A. SCOPE OF SERVICES
BKF’s methodology to successfully complete the Project is outlined in our steps below.
1. PROJECT MANAGEMENT
BKF will manage the Project as outlined in the Scop e of Work of the RFP. We have assumed that the Project will take nine (9) months to complete, and we will use regular coordination meetings, monthly progress reports, and schedule updates as well as informal continuous communication to keep the Project on track.
DELIVERABLES
▪ Monthly progress report and invoice
▪ Monthly coordination meeting agenda and minutes
▪ Progress schedule
2. DATA COLLECTION & ANALYSIS
BKF will document utility information to conduct feasibility-level analysis.
2.1 CITY DATA COLLECTION & REVIEW
BKF will request the following information from the City, which we assume will be provided in the following formats. BKF will create a SharePoint site for file-sharing purposes to facilitate the transfer of materials for the Project:
▪ GIS data on sewer, water and storm drain infrastructure ▪ Most recent Sewer Master Plan and Sewer Model
▪ As-built drawings for identified sewer lines
▪ All data and information compiled by the previous consultant ▪ Available condition assessment information
▪ Keller Beach Sewer Lift Station operating data and water quality data
2.2 UTILITY RESEARCH & OUTREACH
The purpose of this task is to adequately document utility information to conduct feasibility level analysis. BKF will coordinate with utility service providers in the study area to identify dry utiliti es (i.e., gas lines, electrical, cable, telephone, and fiber optic lines).
We will also coordinate with the City regarding nec essary street and roadway right-of-way information. The focus of our research will be in t he areas that encompass potential interim and final solutions.
2.3 UTILITY LOCATING
After reviewing utility company maps, City block maps and GIS information, BKF will perform utility locating. Utility locating using Ground Penetrating Radar (GPR) and Electromagnetic Utility Detection (EUD) is the faster and economical way to locate underground utilities, especially dry utilities (i.e., electrical, gas, and communication ). This will allow us to shortlist utilities that a re perceived to be in conflict, thereby eliminating or reducing the number of potholes needed.
BKF will work with D&M Utility Services of Californ ia (D&M) to perform utility locating of the street where alternative improvements are proposed. The scope assumes locating up to 2,000 lineal feet of street. We will identify metallic ut ilities (i.e., electric, telephone, gas, communicat ion lines, and water) and non-metallic utilities with visible tracer wire. We will document critical utilities, closely conflicting utilities, and determine the need to pothole each as needed. The documentation may include photos of utility paint marks on the street.
2.4 FIELD SURVEY
We plan on using City GIS data, USGS terrain data, CCTV data, as-builts, and utility block maps to perform alternatives analyses. After identifying feasible alternatives, BKF will perform field surveys that can be used to advance alternatives identified to prepare conceptual drawings.
Field surveys will include performing aerial, bathy metric, and, conventional ground topographic surveys to capture physical features including, but not limited to, curbs, gutters, sidewalk, ramps, driveways, median strip, edge of pavement, fences a long property line, signs, trees (including diameter), shrubs, bushes, guard/wood post rails, traffic signals, traffic loops, utility poles, pavement markings, utility structures, meter boxes, and clean-outs in the right-of-way. It is not in this scope to conduct surveys on private residential properties.
BKF will perform limited field survey to capture sewer and storm flow line elevations. Scope includes dipping up to ten (10) manholes and/or catch-basins. Bathymetric survey will collect below water ground profile up to 100-ft from the edge of water from Chevron Warf to Keller Beach.
Prior to scheduling the field survey, we will mark all dry and wet utilities as part of the Utility Locating Task for survey to capture the paint marks. Horizontal and vertical control will be based on established City benchmark datum, e.g., street monuments. The locations of potholed utilities will also be field surveyed upon completion of Potholing Task.
2.5 POTHOLING
Based on the GPR utility locating survey, BKF will develop a potholing plan for locating and profiling existing underground utilities, at up to five (5) l ocations. Once the locations are approved by the City, will be responsible for conducting the requir ed potholing and site restoration. Our subconsultant D&M will perform potholing using Hydro-vacuum.
The scope assumes that the City permit fee will be waived. BKF will submit a potholing table summary report describing all findings in Excel format electronically.
2.6 GEOTECHNICAL
Understanding geotechnical soil conditions is key t o confirming the feasibility of sewer improvement alternatives. A desktop review of publicly available geotechnical data and site specific geotechnical boring information, collected as part of previous studies or development projects, is adequate to confirm feasibility of sewer alternatives.
ENGEO will review available pertinent soils, geotec hnical, geologic, groundwater elevation data,
and seismic data previously developed for private a nd public improvement projects that are attainable from the City, Caltrans, U.S. Geological Survey, and other public agencies.
The available data will be compiled and presented i n a Preliminary Geotechnical Design Memorandum that presents the findings and recommend ations of the preliminary geotechnical study. The memorandum will include a Known Geotechn ical Conditions Map and copies of identified pertinent and reliable boring logs from the compiled data.
The memorandum will also include a work plan and pr oposed exploration map focused on providing additional soil information to fill in da ta gaps. The results of the desktop study will be used as a guide to finalize a geotechnical exploration program to focus on areas where additional information is required.
DELIVERABLES
▪ SharePoint file-sharing site
▪ Technical Memorandum documenting the data requested, compiled, and reviewed ▪ Documentation of utility research and coordination conducted ▪ Field Topographic surveys
▪ Potholing Plan and Report
▪ Preliminary Geotechnical Design Memorandum
3. ENVIRONMENTAL SERVICES / CEQA SUPPORT
For purposes of this Project, this task will be use d to evaluate the environmental and California Environmental Quality Act (CEQA) requirements assoc iated with the various interim and final solutions evaluated under Task 4. The preparation o f CEQA/NEPA documentation and environmental permits associated with selected alte rnatives is assumed to be part of future contract and is therefore not included in this scope.
3.1 AGENCY COORDINATION
Our subconsultant, Anchor QEA (Anchor), will conduc t early coordination with agency staff as needed for preliminary discussions on topics such a s jurisdiction, permitting process, environmental impact considerations, potential mitigation requirements, and potential monitoring requirements. Agencies with whom Anchor would likely coordinate include the U.S. Army Corps of Engineers, San Francisco District; San Francisco Ba y Regional Water Quality Control Board; San Francisco Bay Conservation and Development Commissi on; and California State Lands Commission. Depending on the City’s preference, Anc hor can hold these discussions and remain silent on project applicant and detailed informatio n, or consider the effort to be pre-application coordination and share project applicant and detailed information.
3.2 TECHNICAL RESEARCH
As part of this task, Anchor will obtain relevant r ecords from the California Historical Resources Information System (CHRIS) at this time, which would allow them to reference known or documented cultural and archaeological resources in the project vicinity. Anchor will request and review CHRIS records through the CSU system, incorporating the r esults into the memorandum as appropriate.
Additionally, Anchor’s biologist and planner will conduct a site visit to visually assess existing biological
conditions and incorporate their findings into the memorandum prepared as part of Task 3.3. The scope does not include conducting special-status species or habitat surveys, cultural resources surveys, impact analysis, or monitoring.
3.3 ENVIRONMENTAL SCREENING
We understand that the City is in the early phases of identifying potential design alternatives, and is currently seeking guidance on the regulatory implications (i.e., permits required, approval timelines, and potential issues) of the various alternative designs under consideration. As part of this task, Anchor staff would complete the following activities:
▪ Coordination with the City and engineers on potenti al design alternatives, including reviewing preliminary plans or alternatives descrip tions, attending up to three (3) virtual team coordination calls, and providing real-time feedback on the regulatory implications of the alternatives under consideration.
▪ Preparation of a regulatory requirements summary me morandum that identifies the federal, state, and local permits and approvals and the anticipated CEQA review requirements for each alternative under consideration. The memorandum wil l identify key regulatory review issues, anticipated mitigation requirements, anticipated mo nitoring requirements, agency points of contact, expected timeframes, and anticipated fees (consultant and agency) for the three (3) alternatives under consideration.
We will submit the draft memorandum to the City for review, address one (1) round of comments, and submit a final version of the memorandum to the City. The regulatory requirements summary memorandum will prepare the City for the future regulatory permitting and CEQA review efforts.
The City will be able to weigh design and regulator y implications in advance of initiating the engineering and permitting phases. The goal of this step is for the City to feel confident in moving forward with the selected design alternative and associated regulatory compliance process. Aswell, some of the initial agency coordination discussions that will be required for permitting will have already occurred with completion of this scope, which will result in time savings in the future.
DELIVERABLES
▪ Technical memorandum summarizing the environmental and CEQA requirements and the feasibility evaluation of meeting these requirement s for the interim and final solutions evaluated in Task 4.
4. FEASIBILITY & ESTIMATE
As discussed in detail in our Approach section, BKF will perform its feasibility evaluation work in two parts: interim solutions, designed to reduce lo ading to the existing sewer main, and final solutions, designed to address all flows to the existing sewer main.
4.1 INTERIM SOLUTION EVALUATION
BKF will work with the City (with anticipated input from community stakeholders) to develop interim solutions that will generally reduce sewer loading on the Keller Beach sewer main. We will identify what existing facilities will be utilized, what new facilities will be necessary, along with opportunities and constraints for these facilities. These may include new sewer collection mains, sewer diversion structures, lift stations, storage vessels, and private lateral improvements. BKF will
evaluate up to three (3) interim solutions. Factors that we will evaluate in the interim solutions include:
▪ Volume of sewer flow diverted
▪ Costs
▪ Constructability (e.g. site constraints, utilities, potential downstream capacity constraints, etc.) ▪ Neighborhood impacts (e.g. noise, easements)
BKF will work with Kearns and West to present interim solutions to community stakeholders as part of Task 5. We have proposed two community meetings: the first to discuss the desired scope and objectives for the interim solutions, and the second to obtain their input on interim solutions. The City will then be responsible for choosing to proceed with an interim solution or not.
4.2 FINAL SOLUTION EVALUATION
As noted in the Approach section, there appears to be more than three (3) alternatives for a final and permanent solution. BKF will work with the City to screen these alternatives to select top three (3) alternatives to initial feasibility analyses. The feasibility analyses will consider geotechnical conditions such as shallow bed rock, depth to ground water table, environmental permitting challenges, utility conflicts, temporary bypass, available right- of-wa y, temporary and permanent easements, staging/laydown areas, need for property acquisitions, traffic impacts during construction, residents access, long term maintenance and operational costs, and construction cost.
5. PUBLIC OUTREACH
BKF’s outreach support will be provided in coordination with the City’s outreach consultant, Kearns and West. At this stage, the specific outreach plan and division of responsibilities between the City, Kearns and West, and the technical team have not yet been finalized. BKF’s role will be focused on technical support and input, as described below.
BKF’s current fee for outreach support is structured as an allowance, to provide flexibility based on future direction from the City and its outreach consultant. The scope may include, but is not limited to, the following:
5.1 ENGAGEMENT PLANNING AND COORDINATION
Support early coordination efforts with City staff and Kearns and West to define outreach goals, clarify technical roles, and ensure alignment between the engineering and outreach components.
5.2 COMMUNITY EDUCATION AND INFORMATION SHARING
Contribute technical content to support the develop ment of informational materials (e.g., handouts, FAQs, or online content). This may includ e providing concise summaries, graphics, or data related to feasibility findings and alternatives analysis.
5.3 COMMUNITY MEETINGS – TECHNICAL SUPPORT
Attend up to eight (8) stakeholder or public meetin gs to support the outreach team. BKF will be available to present technical findings, respond to community questions, and prepare one to two conceptual exhibits per alternative, as needed. BKF will not be responsible for meeting facilitation, preparing mailers, or leading public engagement activities.
BKF’s public outreach efforts are capped by an esta blished allowance. After coordination with the City and their outreach consultant, BKF will prepar e a detailed Outreach Support Work Plan that aligns with this budget. The plan will confirm task priorities, clarify deliverables, and define the level of participation. If requested services exceed the available allowance, BKF will notify the City and request written authorization before proceeding with any additional scope.
DELIVERABLES
▪ Conceptual exhibits for alternatives (up to two per alternative) ▪ Responses to technical questions at stakeholder/public meetings ▪ Technical content for outreach materials (as needed and within allowance) ▪ Final deliverables to be confirmed in the Outreac h Support Work Plan developed with the City and outreach consultant
B. SCOPE QUALIFICATIONS AND ASSUMPTIONS
The following assumptions and qualifications apply to the Scope of Services for the Keller Beach Sanitary Sewer Relocation Feasibility Study. These are intended to define the basis of scope, clarify client responsibilities, and identify exclusions where applicable. The list incorporates both scope qualifications and exclusions for clarity.
A.1 General Project Assumptions
1.1 The total duration of the project is assumed to be nine (9) months. A significant extension in schedule may require a revision to scope and fee.
1.2 BKF assumes the City will provide available bac kground materials, including prior studies, GIS files, as-builts, and condition assessments prepared by others.
1.3 All deliverables and coordination will be throu gh the City’s designated project manager unless alternate direction is provided in writing.
A.2 Public Outreach
2.1 BKF’s role in public outreach is limited to tec hnical support; we will not lead public engagement or manage the outreach process.
2.2 The outreach support scope is subject to a defined allowance. A final Outreach Support Work Plan will be developed with the City and their consultant to align effort with the available budget.
2.3 BKF will attend up to eight (8) stakeholder or public meetings, and will prepare up to two (2) conceptual exhibits per alternative.
2.4 BKF is not responsible for meeting facilitation , developing or mailing outreach materials, maintaining websites, conducting surveys, or producing translated documents.
A.3 Data Collection, Utility Research, and Survey
3.1 BKF assumes the City will provide access to utility data including GIS files, as-builts, and block
maps.
3.2 Utility locating is limited to a maximum of 2,000 linear feet using GPR and electromagnetic detection methods.
3.3 Potholing is limited to five (5) locations. Any additional locations or non-standard restoration work is excluded.
3.4 Field survey is limited to public right-of-way. No private property access or permission is included.
3.5 Bathymetric survey is limited to 100 feet from shoreline between Chevron Wharf and Keller Beach.
A.4 Geotechnical Investigation
4.1 Geotechnical work is limited to desktop review of existing publicly available data and previously collected borings or logs.
4.2 No new geotechnical field work, borings, laboratory testing, or CPTs are included.
4.3 Recommendations for additional exploration will be provided as part of the Preliminary Geotechnical Design Memorandum.
A.5 Environmental Services / CEQA Support
5.1 This scope includes environmental screening and regulatory coordination only. No CEQA or NEPA documentation will be prepared under this contract.
5.2 BKF and Anchor QEA will participate in early co ordination discussions with up to four (4) agencies. Formal permitting efforts and pre-application meetings as an applicant representative are excluded.
5.3 Biological and cultural review is limited to de sktop research and site reconnaissance. No habitat assessments, delineations, or field surveys are included.
5.4 Monitoring, mitigation planning, and technical studies for permitting are not included in this scope.
A.6 Feasibility and Alternatives Evaluation
6.1 BKF will evaluate up to three (3) interim and three (3) final sewer alternatives.
6.2 Evaluation is limited to feasibility-level engi neering. Preparation of design plans, PS&E packages, or permit-level documents is excluded.
6.3 Cost estimates will be developed at a conceptua l level only, using planning-level assumptions.
ANCHOR QEA ENGEO D&M SUB-
CONSLT
Classification PIC SPM EM SPE PE DE SPC SC ODC Environmental & Coastal Eng. Geotechnical
Utility
Locating &
Potholing
Hourly Rate $317 $278 $251 $233 $205 $179 $233 $150 1 (fixed fee) (fixed fee) (fixed fee) (incl. 10% markup) TASK 1 PROJECT MANAGEMENT 38,224 $ 3,000 $ 41,524 $ QA/QC & Sub-Consultant Management 40 16 13,520 $ - $ 13,520 $ Schedule Updates & Invoicing 8 2,224 $ - $ 2,224 $ Meetings and Coordination 20 40 20 22,480 $ 3,000 $ 3,000 $ 25,780 $ TASK 2 DATA COLLECTION AND ANALYSIS 109,012 $ 36,00 0 $ 147,812 $
2.1 City Data Collection and Review 1 12 30 40 $ 1 7,440 - $ 17,440 $
2.2 Utility Outreach 4 10 30 $ 8,424 - $ 8,424 $
2.3 Utility Locating ( 2,000 LF assumed ) 8 16 12 12 $ 9,324 8,000 $ 8,000 $ 17,324 $
2.4 Field Survey 2 16 120 120 20,000 $ $ 69,326 - $ 69,326 $
2.5 Potholing ( Total 5 assumed ) 2 8 $ 1,934 12,000 $ 12,000 $ 15,134 $
2.6 Geotechnical 2 8 $ 2,564 16,000 $ 1 6,000 $ 20,164 $ TASK 3 ENVIRONMENTAL SERVICES/CEQA SUPPORT 8,624 $ 42,000 $ 54,824 $
3.1 Agency Coordination 2 12 3,568 $ 5,000 $ 5,000 $ 9,068 $
3.2 Technical Research 4 1,004 $ 10,000 $ 10,000 $ 12,004 $
3.3 Environmental Screening 4 8 4 4,052 $ 27,000 $ 27,000 $ 33,752 $ TASK 4 FEASIBILITY AND ESTIMATE 282,334 $ 20,000 $ 304,334 $
4.1 Interim Solution Evaluation ( Total 3 assumed )
Alternatives Analyses 20 30 10 78 40 30 48,934 $ - $ 48,934 $ Hydraulic Analyses 30 6,990 $ - $ 6 ,990 $ Coordination with City, Vendors & Contractors 12 16 20 4 0 18,324 $ - $ 18,324 $ Cost Estimation 2 8 12 20 8,940 $ - $ 8 ,940 $
4.2 Final Solution Evaluation ( Total 3 assumed )
Alternatives Analyses 20 80 100 140 200 120 148,780 $ 17, 000 $ 17,000.00 $ 167,480 $ Hydraulic Analyses 50 11,650 $ - $ 11 ,650 $ Coordination with City, Vendors & Contractors 20 20 40 1 8,420 $ - $ 18,420 $ Cost Estimation 8 16 12 20 40 20,296 $ 3,000 $ 3,000.00 $ 23,596 $ TASK 5 PUBLIC OUTREACH (Allowance) 98,700 $ - $ 98,700 $ Engagement Planning and Coordination with City Staff 12 12 20 16 12 17,240 $ - $ 17,240 $ Community Education and Information Sharing 20 30 60 16 31,060 $ - $ 31,060 $ Community Meetings - Technical Support 40 60 80 16 50,400 $ - $ 50,400 $ RE REIMBURSABLE EXPENSES $2,806 $0 $0 $0 $0 $2,806
Total 132 351 226 540 346 360 132 192 539,700 $ 65,000 16,000 20,000 101,000 $ 650,000 $ $2,806
BKF
SUBTOTAL SUBTOTAL
CITY OF RICHMOND
KELLER BEACH SEWER EVALUATION
ESTIMATED FEES & EXPENSES
TOTAL
\\Bkf-pl\vol4\2025\250596_Keller_Beach_Sanitary_Sewer_Relocation\DOC\02-Project_Mgmt\Scope_Fee_Schedule\Fee.xlsx Contract No: ________ For the Contract between the City of Richmond and
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
Contract No: ________ For the Contract between the City of Richmond and
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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:
Sravan Paladugu Vice President
BKF Engineers
April 18, 2025
N/A
BKF Engineers