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]:
Headquarters North Bay Office East Bay Office South Bay Office 150 Executive Park Blvd, Ste 4200 505 San Marin Dr, Ste A220 1101 Marina Village Pkwy, Ste 104 20863 Stevens Creek Blvd, Ste 400 San Francisco, CA 94134 Novato, CA 94945 Alameda, CA 94501 Cupertino, CA 95014 (415) 534-7070 (415) 534-7070 (510) 937-2310 (408) 516-1090 July 25, 2025
Janney Lockman, Associate Planner
City of Richmond, Public Works – Engineering Division
450 Civic Center Plaza
Richmond, CA 94804
RE: Engineering and Design Services for the Parchester Village – Giant Highway Infrastructure Master Plan Dear Ms. Lockman,
Thank you again for the opportunity to support the City of Richmond (City) on this important initiative. We appreciated the thoughtful feedback during our recent discussions and are glad that our proposal and interview clearly demonstrated a strong understanding of Council, staff, and community priorities in Parchester Village.
Following our recent conversations, we have refined our scope of work and adjusted the associated budget to align with updated priorities and anticipated contract structure. Select tasks have been removed and we have incorporated refinements to reflect near-term needs better while supporting long-term project goals. Our proposed Scope of Services and Fee is presented in this letter for the City’s review and comment.
Scope of Services
Our team will deliver a comprehensive, community-centered infrastructure plan that addresses flood prevention, multimodal transportation safety and access, and utility coordination, while also incorporating thoughtful landscape strategies that enhance neighborhood aesthetics, functionality, and resilience. Through close collaboration with City staff, community members, and stakeholders, we will integrate green infrastructure, tree preservation, and landscape-based placemaking strategies into the planning and conceptual design process—supporting a safer, more connected, and resilient Parchester Village.
Task 0: Project Management
Freyer & Laureta, Inc. (F&L) will provide overall project management services, including coordination with our project partners. Project management effort includes correspondence, coordination, schedule tracking, budget tracking, scope tracking, and any other miscellaneous work that does not directly fall under other tasks. Our monthly invoices will include a brief cover memorandum identifying work completed during the billing period, work anticipated during the following billing period, and any potential risks to schedule and/or budget, including potential mitigation measures. We have included three general coordination meetings in our project management task to review progress, discuss upcoming activities, and coordinate with City staff.
F&L will develop an overall baseline schedule for the study, including identifying key tasks for community engagement, City staff review, and City Council presentations. Our schedule will be updated monthly with key progress and challenges, including corrective measures and validated key engagement milestones. We will prepare for and facilitate a project kickoff meeting with key technical team members and City staff. The meeting will be held in person and include a site walk - with goal of reviewing the overall project scope, confirm goals, and establish project communication. F&L will prepare the meeting agenda, presentation materials, and meeting minutes.
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 2 Task 0 Deliverables
1. Kickoff meeting agenda, presentation materials, and minutes
2. Monthly invoices, including brief progress reports
3. Baseline Schedule and Monthly Updates
4. Three general coordination meetings agendas and minutes Task 1: Data Collection and Site Analysis
A critical first step in our team’s approach is to conduct a comprehensive, coordinated assessment of existing conditions throughout the Parchester Village study area. Working closely with City staff, we will compile and analyze relevant data from previous studies, including technical documentation from the Richmond Country Club (RCC), Meritage Homes development, Veolia, and others—and supplement this with new field assessments, pavement evaluations, and multimodal traffic data collection. Publicly available LiDAR data will be used where applicable to support early surface analysis and modeling.
This effort will establish a shared technical foundation for identifying deficiencies, coordinating with stakeholders, and developing phased, resilient infrastructure solutions. Findings from this task will be summarized in an Existing Conditions Summary Memorandum, which will guide subsequent analysis, planning, design, and community engagement activities.
Existing Conditions Analysis
As part of this effort, the team will assess drainage, stormwater, utility, flooding, and traffic systems to identify key deficiencies and technical constraints. Specific subtasks include:
•Hydrologic Assessment: Confirm upstream drainage areas using LiDAR and technical studies from RCC and Meritage.
•Peer Review: Review drainage and stormwater design for RCC and Meritage to confirm compliance with regulatory requirements.
•Sea Level Rise Coordination: Review risks using SFEI’s North Richmond Shoreline Vision Project and WCWD’s Living Levee Project.
•Utility Mapping: Coordinate with utility owners to request as-builts and develop an exhibit of existing mapped infrastructure.
•Flooding Identification: Estimate limits of ponding/flooding using staff input, site visits, and document review.
•Pavement Condition (NCE): Review StreetSaver database and perform field review to confirm/update pavement conditions.
•Traffic Data (Fehr & Peers): Include counts, speed data, and operational observations to support a more complete site profile.
After City review, the team will respond to comments and finalize the memorandum for project records.
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 3
1.1 Records Review and Utility Research
The team will collect and review a variety of existing data sources, including:
•Topographic and right-of-way maps
•City-maintained utility records and “as-built” plans
•FEMA floodplain and watershed maps
•RCC and Meritage development plans and drainage studies •As-built documentation for nearby private and public improvements •Publicly available LiDAR datasets
This information will be used to identify off-site infrastructure influences, drainage patterns, and potential coordination needs. LiDAR data will support terrain modeling and supplement topographic survey results.
1.2 Field Reconnaissance and Surveying
A coordinated field reconnaissance effort will be conducted to document visible infrastructure conditions throughout the project area. Field observations will include:
•Sidewalk conditions and ADA compliance
•Lighting, crosswalks, signage, and wayfinding elements •Surface drainage and low-lying areas prone to ponding
•Exposed utility features and suspected conflict areas
This work will be supplemented with a full topographic survey tied to City monumentation and control, capturing surface elevations and utility locations. Where needed, potholing will be performed to verify depths of critical infrastructure. Survey and field data will be compiled in CAD and GIS-compatible formats for team- wide use.
1.3 Pavement Condition Assessment
The project area exhibits a wide range of pavement conditions, from recently resurfaced residential streets to deteriorated arterials affected by poor subgrade soils and heavy vehicle loading. The team will:
•Validate Pavement Condition Index (PCI) ratings using StreetSaver and field observations •Identify distresses such as rutting, cracking, and fatigue in both residential and arterial corridors •Assess the performance of recent overlays and note early signs of subgrade failure •Recommend treatment strategies ranging from surface seals to Full Depth Reclamation (FDR), tailored to site-specific soil and traffic conditions
•Develop preliminary cost estimates and phasing guidance to support later plan development FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 4
1.4 Traffic and Multimodal Data Collection
To support future transportation recommendations, the team will conduct a multimodal data collection effort, including:
•PM peak turning movement counts at: Collins Ave at Morton Ave; Collins Ave at Williams Dr; Collins Ave at Giant Hwy / Griffin Dr; Collins Ave at Phanor Dr •Multimodal counts at the at-grade railroad crossing at Giant Hwy / Griffin Dr •24-hour tube counts at two locations for speed and volume data •Field observations to document traffic flow, pedestrian activity, and geometric constraints •Review of 5-year collision data via the TIMS database
The team will also review the City’s General Plan, Bicycle and Pedestrian Action Plan, Local Roadway Safety Plan, and other relevant studies to ensure alignment with adopted policy frameworks.
We can perform the same data collection and traffic operations analysis for additional time periods (such as the weekday AM peak period) for an additional budget to be determined if requested.
1.5 Traffic Operations Analysis
Using Synchro modeling software, the team will evaluate peak-hour operations at the four study intersections.
Analysis outputs will include:
•Level of Service (LOS)
•Delay by movement and approach
•Queue lengths and signal phasing observations
•Identification of performance bottlenecks or safety issues This analysis will inform future design recommendations in subsequent phases.
1.6 Data Integration and Summary
All findings from this task will be compiled into a Data Collection and Site Analysis Technical Memorandum.
The memo will include:
•Annotated utility and stormwater system maps
•Pavement condition graphics and treatment recommendations •Multimodal traffic data and Synchro model outputs
•Summary of coordination needs with private developments and utility owners •Observational notes and LiDAR integration highlights
•Identification of deficiencies and technical gaps to be addressed in later tasks FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 5 The draft memorandum will be submitted to the City for review and comment. The team will prepare written responses and provide a final version for project documentation.
Task 1 Deliverables
1. Utility coordination letters and as-built data requests
2. Annotated utility maps and infrastructure summary exhibit
3. Topographic survey files (PDF and CAD) tied to City control
4. LiDAR integration summary and application notes
5. Field reconnaissance photo log and summary of observations
6. Pavement condition map with recommended treatment zones
7. Summary of pavement treatment strategies and phasing considerations
8. PM turning movement counts at four key intersections
9. 24-hour tube count data and travel speed profiles
10. Multimodal count summaries for vehicles, bicycles, and pedestrians
11. Collision history summary based on TIMS data
12. Synchro operational analysis models and Level of Service (LOS) results
13. Draft Data Collection and Site Analysis Memorandum
14. Final Data Collection and Site Analysis Memorandum, including written response to comments TASK 2: STAKEHOLDER AND COMMUNITY ENGAGEMENT
D&A Communications will lead all outreach efforts using a data-driven, equity-focused approach tailored to the Parchester Village’s community context. With nearly 30 years of experience, including prior work with the City, D&A will coordinate stakeholder input, facilitate meetings, and support inclusive participation through targeted outreach strategies. Engagement tools will include multilingual surveys, stakeholder interviews, hybrid community meetings, and culturally responsive collateral. Activities will be aligned with project milestones to ensure timely, actionable input informs technical analysis, prioritization, and plan development.
Task 2.1 Project Kickoff Support
The project team will initiate Phase I by working closely with City staff to define engagement goals, confirm key milestones, and establish communication protocols. Drawing on prior experience with the City, including the General Plan Update and ESA Hilltop Visioning Project, the team will ensure the outreach approach is aligned with Richmond’s expectations and community priorities from the outset.
An engagement lead will oversee coordination of early deliverables, manage the outreach timeline and budget, and support the integration of performance metrics. This kickoff phase will set the foundation for a unified schedule and collaborative workflow across technical and engagement activities.
Task 2.1 Deliverables
1. Participation in kickoff meeting with City staff
2. Input on engagement strategy and integrated project schedule FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 6 Task 2.2 Outreach Strategy Development
The project team will develop a comprehensive Public Engagement Plan that defines goals, audiences, methods, and a schedule aligned with the broader infrastructure planning effort. The strategy will apply equity-focused principles to ensure inclusive participation, with a focus on reaching historically underrepresented communities in Parchester Village.
The plan will include SMART goals, an equity-informed messaging framework, and engagement tools such as in-person meetings, surveys, and print and digital collateral. The team will also maintain a stakeholder and community partner database to support coordinated outreach efforts throughout the project.
Task 2.2 Deliverables
1. Public Engagement Plan with schedule tied to project phases
2. Stakeholder and community partner contact database
Task 2.3 Community Meeting Coordination
The project team will coordinate, facilitate, and document three (3), one hour, ADA-accessible community meetings aligned with key milestones. These meetings will serve as structured engagement points to gather resident input on infrastructure challenges, review preliminary concepts, and support community-driven prioritization of improvements.
Each meeting will be designed to ensure equitable access and clear communication. The team will manage logistics and support participation through stipends, local venues, and refreshments. Meeting content— including agendas, slide decks, and visual materials—will be developed collaboratively to support plain- language understanding of technical information. Meeting promotion will leverage trusted community-based organizations, digital channels, and print collateral to maximize turnout. Following each meeting, the team will document participation metrics, summarize key feedback, and track how input informs project recommendations.
Meeting Schedule:
•Meeting 1 – Project Kickoff and Listening Session
•Meeting 2 – Draft Concept Review
•Meeting 3 – Prioritization and Design Input
Task 2.3 Deliverables
1. Three (3), one-hour community meetings (hybrid or in-person)
2. Full meeting logistics, facilitation, interpretation, and accessibility support
3. Agendas, slide decks, and outreach materials
4. Post-meeting summaries with participation metrics and community insights
5. Attendance tracking and feedback documentation
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 7 Task 2.4 Survey and Stakeholder Interviews
To support a community-informed infrastructure plan, the project team will design and administer community survey and conduct stakeholder interviews to collect both quantitative and qualitative input.
Survey content will focus on infrastructure priorities such as drainage, pedestrian safety, and transit access, and will be developed in coordination with City staff and local partners. The survey will be available in both digital and printable formats to ensure broad accessibility. A targeted distribution and promotion plan will combine digital outreach, event-based promotion, and door-to-door canvassing in areas with limited internet access. Participation will be incentivized through giveaways to improve response rates.
In parallel, the team will conduct five semi-structured interviews with a cross-section of residents, business owners, community leaders, and agency representatives. These interviews will explore infrastructure challenges, equity considerations, and community priorities in greater depth. Survey and interview findings will be synthesized to identify key themes and inform subsequent engagement and design phases.
Task 2.4 Deliverables
1. Survey instrument (digital and printable)
2. Survey distribution and promotion plan
3. Stakeholder interview guide and list of interviewees
4. Summary memo of survey and interview findings, including visualized insights and key themes Task 2.5 Collateral Materials
The project team will produce a suite of clear outreach materials to support public participation and promote key engagement milestones. Materials will include printed and digital formats such as flyers, postcards, email and newsletter content, social media graphics, and a digital toolkit for use by the City and community partners. All materials will be designed to reflect the cultural diversity of Parchester Village, with an emphasis on accessibility, mobile readability, and plain-language communication.
Drawing on prior experience with Richmond’s General Plan Update, ESA Hilltop Visioning Project, and WETA’s Ferry There campaign, the team will develop visually engaging content that builds awareness and supports turnout across multiple channels and audiences.
Task 2.5 Deliverables
1. Up to three (3) outreach materials (print and digital)
2. Social media graphics and captions
3. Web and newsletter content for City distribution
4. Digital toolkit for community partner use
Task 2.6 Engagement Documentation
The project team will document all community engagement activities conducted during Phase I and produce a comprehensive Engagement Summary Report. This report will serve as both a record of public participation and a decision-support tool, demonstrating how community input shaped technical recommendations.
A centralized tracking system will be used to monitor participation across meetings, surveys, and interviews.
The team will collect voluntary demographic data, code qualitative feedback by infrastructure topic, and map FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 8 community comments to final recommendations. Visual tools—such as infographics, charts, and dashboards— will be used to communicate findings clearly to both technical and public audiences. The final report will be formatted for internal briefings, community distribution, and use in City Council presentations. A PowerPoint summary deck will also be provided to support project communications moving into Phase II.
Task 2.6 Deliverables
1. Final Engagement Summary Report (PDF)
2. Dashboard of participation and demographic metrics
3. Summary of community feedback with visuals and representative quotes
4. Presentation-ready PowerPoint deck for internal or City Council use Task 2.7 Prioritization Results
The project team will analyze input collected during the final community meeting to identify priority infrastructure improvements based on resident feedback. This analysis serves as a critical bridge between community engagement and technical implementation, ensuring that public input informs early design direction and funding priorities.
The team will compile and validate data from in-person and virtual prioritization exercises, including dot voting, worksheets, comment boards, and digital tools. Using a mixed-methods approach, feedback will be assessed both quantitatively (e.g., frequency of votes or comments per improvement type) and qualitatively (e.g., themes, rationale, and representative quotes). Results will be segmented by geography and demographics to identify trends and highlight equity considerations. Findings will be summarized in a visually accessible memo, designed for use by City staff, project partners, and the public. This deliverable will support transparency, demonstrate how input shaped next steps, and inform future design and implementation decisions.
Task 2.7 Deliverables
1. Prioritization Summary Memo (PDF)
2. Visual summary of top-ranked community priorities (e.g., charts, infographics, or scorecards)
3. Narrative analysis with representative quotes and rationale
4. Quantitative vote/comment tallies by topic
5. Annotated input materials (e.g., comment maps, dot-voting results), as applicable TASK 3: TRANSPORTATION INFRASTRUCTURE ASSESSMENT & RECOMMENDATIONS The project team will assess existing multimodal transportation infrastructure within the Parchester Village study area and develop concept-level recommendations to enhance pedestrian, bicycle, transit, and overall multimodal access and safety. Building on data collected in Task 1, this task will focus on identifying infrastructure deficiencies, evaluating corridor and intersection performance, and producing conceptual improvements aligned with City plans and community priorities.
All findings and recommendations will be documented in a Transportation Infrastructure Assessment Memorandum, including supporting exhibits and cost estimates to assist the City in prioritizing and advancing improvements.
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 9
3.1 Field Audit and Inventory
The team will conduct a targeted field audit along Giant Highway and adjacent corridors to verify existing conditions and identify gaps in:
•Pedestrian facilities (e.g., sidewalks, crossings, curb ramps) •Bicycle infrastructure and bikeway continuity
•Transit stop access and amenities
•Roadway lighting and visibility
•Emergency vehicle access and evacuation routes
•Railroad crossing design and multimodal conflicts
This field audit will be informed by traffic data, observed safety concerns, and past collision data reviewed in Task 1.
3.2 Pedestrian Infrastructure Recommendations
The team will identify areas where pedestrian facilities are lacking or underperforming, and propose upgrades such as:
•New sidewalk segments and gap closures
•Curb ramp upgrades to meet current ADA standards
•Enhanced crosswalk treatments at key locations
•Visibility improvements at intersections and midblock crossings •Intersection visibility improvements, including bulb-outs and protected corners Existing lighting along Giant Highway will be inventoried. We will perform nighttime lighting level measurements of the existing conditions in the field and provide roadway and pedestrian lighting recommendations along the corridor.
3.3 Bicycle Infrastructure Recommendations
Based on recommendations from the City’s 2023 Bicycle and Pedestrian Action Plan, the team will evaluate alignment, width, and separation treatments for a Class IV separated bikeway along Giant Highway. The bikeway concept will account for:
•Conflict zones at driveways and intersections
•Raised vs. at-grade options
•Landscaping or buffer treatments
•Maintenance and access needs
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 10 Designs will be informed by best practices in safety and comfort for people biking and walking, with attention to feasibility and constructability.
3.4 Transit Access Improvements
Existing AC Transit stops at Griffin Drive/McGlothen Way and Phanor Drive/McGlothen Way will be evaluated for:
•ADA access and boarding areas
•Passenger comfort and amenities
•Potential relocation or redesign for improved access and visibility Recommendations will align with AC Transit design standards and integrate with sidewalk and lighting improvements.
3.5 Multimodal Intersection and Corridor Improvements
The team will assess the existing geometry, traffic control, and multimodal safety at:
•Giant Highway / Collins Avenue / Griffin Drive intersection •Giant Highway / Phanor Drive
•At-grade railroad crossing at Giant Highway
Conceptual recommendations may include:
•Geometric redesigns or reconfigurations
•Traffic control modifications (e.g., signalization, stop-control changes) •Protected intersection treatments
•Improved sightlines and traffic calming measures
•Consideration of emergency access and evacuation needs
3.6 Integration with Streetscape and Green Infrastructure Opportunities In coordination with the broader team, transportation recommendations will be designed to integrate with potential green infrastructure and placemaking elements. These may include:
•Median islands or stormwater planters
•Street tree zones
•Opportunities for public art or neighborhood identity signage FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 11 Task 3 Deliverables
1. Field audit summary and infrastructure inventory maps
2. Conceptual layout of pedestrian, bicycle, transit, and intersection improvements
3. Transportation Infrastructure Assessment Memorandum (draft and final)
4. Opinion of Probable Project Cost estimates for all recommended improvements
5. GIS files and annotated exhibits for use in Task 6: Infrastructure Master Plan TASK 4: UTILITY AND STORM DRAINAGE SYSTEM ASSESSMENT & RECOMMENDATIONS The F&L team’s efforts will include:
•Develop project stormwater runoff calculations for up to three storm events, including the 100-year storm, to inform assessment of existing drainage vulnerabilities and potential sea level rise scenarios; •Develop utility exhibits based on information collected under Task 1 to inform studies for new stormwater infrastructure;
•Correspond with Pacific Gas and Electric Company (PG&E) to review potential feasibility of a Rule 20 undergrounding project
•Identify green infrastructure opportunities in collaboration with Task 3 and Task 5 studies to leverage potential complete streets opportunities.
•Create potential stormwater infrastructure improvements, including but not limited to:
oRoadside bioretention basins to provide both stormwater detention and treatment; oBelow-grade stormwater infrastructure to capture and convey stormwater in a manner that addresses the current risk of both flooding along Giant Highway and erosion impacts to the Parchester Village properties due to uncontrolled drainage releases through the community; oStudy feasibility and effectiveness of integration of below-grade stormwater detention basin, including pumps, within the Parchester Park Baseball Field; and oIdentify additional utility infrastructure resilience improvements that may allow for more effective stormwater infrastructure improvements.
We will develop a Utility Assessment and Recommendations Memorandum to present potential stormwater and joint trench utility improvements. An overview of the proposed improvements, feasibility of Rule 20 undergrounding for PG&E and other dry utilities, potential alternatives for the stormwater infrastructure, other utility resilience improvements (if any), sea level rise risk assessment, potential project costs, and suggested phasing that integrates with other improvements identified by the Study.
Task 4 Deliverables
1. Existing storm drainage exhibits, including drainage areas and infrastructure deficiencies
2. Conceptual green infrastructure improvements (integrated with Task 3 studies)
3. Conceptual storm drain improvement alternatives, including Opinions of Probable Project Costs
4. Utility and Storm Drainage Assessment Memorandum (draft and final) FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 12 TASK 5: PAVEMENT CONDITION ASSESSMENT & RECOMMENDATIONS The project team will evaluate the condition of pavement infrastructure throughout the Parchester Village study area and develop tailored, cost-effective maintenance and rehabilitation recommendations. This effort will focus on balancing near-term safety and mobility needs with long-term durability, sustainability, and cost efficiency. The assessment will consider roadway classification, historical treatment data, subgrade conditions, traffic loading, and recent resurfacing efforts.
5.1 Pavement Condition Evaluation
Using a combination of StreetSaver database information and supplemental field verification, the team will validate the existing Pavement Condition Index (PCI) ratings across arterials, collectors, and residential streets within the study area. The field review will include:
•Identification of surface distresses such as alligator cracking, rutting, and block cracking •Observations of patching, utility cuts, and signs of base failure •Validation of subgrade conditions, particularly in areas known to experience pumping or settlement due to poor clay soils or shallow groundwater
Special attention will be given to high-priority corridors such as Giant Highway, Morton Avenue, and McGlothen Way, which experience heavy bus and truck loading.
5.2 Rehabilitation Strategy Development
Based on field observations and performance expectations, the team will prepare preliminary treatment recommendations for each roadway segment. These may include:
•Surface seals (slurry, cape seal, microsurfacing) for fair to good condition streets •Mill and overlay or rubberized hot mix asphalt (RHMA) for aging pavements! •Full-depth reconstruction/reclamation (FDR) for segments with structural subgrade failure Where appropriate, in-place recycling strategies will be considered to reduce cost and environmental impacts.
FDR, in particular, offers benefits for stabilizing weak subgrades, extending service life, and minimizing future base repair needs. Stabilization options may include lime or cement additives to improve soil performance and longevity.
5.3 Phasing and Cost Guidance
To support future capital planning, the team will develop a phasing strategy based on PCI, functional classification, traffic load, and coordination with other infrastructure improvements. Preliminary cost estimates will be developed using StreetSaver decision-tree unit costs, modified as needed to reflect alternate treatment types.
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 13 Task 5 Deliverables
1. Pavement condition map with PCI and observed distresses
2. Summary table of recommended treatments by segment
3. Preliminary phasing strategy and prioritization approach
4. Draft and final Pavement Technical Memorandum, including Condition survey results; Treatment strategies and rationale; Opinion of Probable Project Cost; Environmental and performance benefits of proposed approaches
5. Annotated exhibits for integration into the Infrastructure Master Plan (Task 6) TASK 6: INFRASTRUCTURE MASTER PLAN DEVELOPMENT
The F&L team will integrate information developed in Task 3 through Task 5 to create the Draft Infrastructure Master Plan (Draft Plan). The Draft Plan will include an implementation recommendation discussion to:
•Identify comprehensive capital projects that integrate recommendations from previous tasks; •Develop potential phasing plan, including costs, to identify:
oNear-term (next five years) feasible projects that may address the most immediate drainage and safety concerns in a manner that leverages developer offsite improvement obligations that can be integrated (not be replaced by) future, larger-scale future projects; oMid-term (between 5 - 10 years) projects that integrate potential complete streets improvements addressing utility improvements, flooding risks, and accessibility enhancements.
oLong-term (greater than 10 years) projects that complete the overall stormwater management strategies, including addressing sea level rise vulnerabilities. •Identify potential regional projects, such as the North Richmond Living Shoreline Adaptation, which could serve as partnerships for long-term improvements. •Identify potential funding programs that the City and Parchester Village community could leverage to fund midterm and long-term improvements.
An Administrative Draft Plan will be provided to City staff for review and comment. We will prepare for and facilitate a workshop with City staff to review the Administrative Draft Plan. Following the workshop, the F&L Team will update the Draft Plan to be used for soliciting public review and comment. Following public review, the F&L Team will prepare written response to public comments and submit to the City for review. We will then meet with City staff to review the written response to comments and proposed revisions to the Draft Plan. Following the meeting, the F&L Team will prepare a Revised Draft Plan for presentation to the City Council. Following the City Council meeting described in Task 7, the F&L Team will prepare a Final Plan incorporating City Council comments.
Task 6 Deliverables
1. Administrative Draft Plan
2. Workshop agenda and minutes for Administrative Draft Plan
3. Public Draft Plan
4. Written Response to Public Comments
5. Revised Draft Plan
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 14
6. Final Plan
TASK 7: CITY COUNCIL SUPPORT
The project team will assist City staff with one presentations to the Richmond City Council during Phase I.
Support will include the peer review of City staff prepared draft staff reports, and slide presentations utilizing materials created in Task 3 through Task 5. The team will also attend and participate in the Council meeting anticipated to be for review and adoption of the final Infrastructure Plan.
Task 7 Deliverables
1. One City Council presentation slide decks
2. Attendance and presentation support at One City Council Meetings
3. Final Adopted Infrastructure Plan
Schedule
All work will be completed on a mutually agreeable schedule with Council adoption of the Infrastructure Plan anticipated in early 2026.
Fee
We propose to provide the Scope of Services on a time and materials basis for a not-to-exceed fee of $399,500 in accordance with our Charge Rate Schedule dated January 1, 2025. Table 1 attached to this proposal presents our proposed level of effort by person and by task. We will not exceed the proposed fee without written City approval.
We appreciate the opportunity to continue supporting this effort and welcome any questions or feedback as you review the updated materials.
Very truly yours,
Jeffrey J. Tarantino, P.E., Executive Vice President
FREYER & LAURETA, INC.
Attachments
•Table 1: Budget Estimate for Giant Highway Infrastructure Master Plan •Freyer & Laureta, Inc. Charge Rate Schedule dated January 1, 2025
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”):
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
_____________________________
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)
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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: