Richmond City Council
September 16, 2025

Overtime Report for July 2025 (Attachment 2)
8% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE

BUDGET PCT

OFFICE OF NEIGHBORHOOD SAFETY
Administration 40,000 - 40,000 - 40,00 0 0% 40,000 - 40,000 - 40,00 0 0%

PUBLIC WORKS & ENGINEERING SVCS
Administration - - - 366 (366) 100% Engineering Services 2,800 - 2,800 - 2,800 0% Stationary Engineers 15,000 - 15,000 1,380 13,620 9% Building Services 5,000 - 5,000 150 4,850 3% Utility Sections 100,000 - 100,000 4,336 95,664 4% Electric 25,000 - 25,000 3,776 2 1,224 15% Parks & Landscape Admin 200,000 - 200,000 23,395 176,605 12% Street Sweeping 1,100 - 1,100 - 1,100 0% Pavement Maintenance 56,447 - 56,447 7,821 48,626 14% Traffic Signs & Lines 15,000 - 15,000 2,355 12,645 16% Equipment Services 20,000 - 20,000 215 19,785 1% Abatement Services 50,000 - 50,000 3,946 46,054 8% TOTAL PUBLIC WORKS 490,347 - 490,347 47,741 442,606 10%

LIBRARY
Library Administration 25,000 - 25,000 874 24,126 3%

COMMUNITY SERVICES
Recreation Administration 400 - 400 2,0 41 (1,641) 510% Booker T Center 100 - 100 - 100 0% Nevin Center 200 - 200 - 200 0% Shields Reid 200 - 200 451 (251) 226% Recreation Complex 2,000 - 2,000 215 1,785 11% Parchester Center 700 - 700 - 700 0% May Valley Center 700 - 700 134 566 19% Recreation DPRC 750 - 750 - 750 0% Senior Center 200 - 200 - 200 0% Senior Center Annex 300 - 300 - 300 0% Aquatics 5,000 - 5,000 435 4,565 9% Convention Center 4,512 - 4,512 346 4,166 8% Plunge 3,500 - 3,500 - 3,500 0% TOTAL COMMUNITY SERVICES 18,562 - 18,562 3,622 14,940 20%

Overtime Report for July 2025 (Attachment 2)
8% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE

BUDGET PCT

ECONOMIC DEVELOPMENT PROGRAM
Administration 1,000 - 1,000 - 1,000 0% Public Art 2,000 - 2,000 150 1,850 8% TOTAL ECONOMIC DEVELOPMENT 3,000 - 3,000 150 2,85 0 5% Community Crisis Response Program
Administration 40,000 - 40,000 - 40,000 0% TOTAL GENERAL FUND 13,811,661 - 13,811,661 1,411,493 12,400, 168 10%

NON-GENERAL FUND
Overtime By Fund
1012 HILLTOP LANDSCAPE MAINT DIST 20,000 - 20,000 289 19,711 1% 1015 MARINA BAY LNDSCP & LIGHT DIST 26,312 - 26,312 1,150 25,162 4% 1018 RENT PROGRAM 3,750 - 3,750 - 3,750 0% 1050 CR-PLANNING & BUILDING 9,500 - 9,500 - 9,500 0% 1050 CR-PLANNING & BUILDING 15,000 - 15,000 24 14,976 0% 1055 ENCROACHMENT SVCS 50,000 - 50,000 - 50,000 0% 1303 KIDS FIRST INITIATIVE 5,000 - 5,000 397 4,603 8% 4001 PORT OF RICHMOND 1,000 - 1,000 - 1,000 0% 4003 WASTEWATER ADMINISTRATION 30,000 - 30,000 1,337 28,663 4% 4003 WASTEWATER PRE-TREATMENT 25,000 - 25,000 5,533 19,467 22% 4006 STORMWATER 2,500 - 2,500 615 1,88 5 25% 4405 RHA-NYSTROM VILLAGE 12,000 - 12,000 160 11,840 1% TOTAL NON-GENERAL FUNDS 200,062 - 200,062 9,504 190,558 5%

Overtime Public Safety Report for July 2025 (Attachment 3) City of Richmond
Public Safety Sworn Overtime
Fund: 0001 - General Fund
P e r i o d 123456789 1 0 1 1 1 2 Average
Month July August September October November December January February March April May June YTD YTD Remaining Monthly Target % 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100% Total $ Total % Budget Expense

ORIGINAL
BUDGET

REVISED
BUDGET
FY2018-19 Overtime - Sworn 3,433,019 3,433,019 482,143 537,369 655,866 437,794 524,577 430,398 367,322 512,595 422,587 497,767 536,209 505,966 5,910,592 172.2% (2,477,573) 492,549.37 FY2019-20 Overtime - Sworn 5,000,000 4,800,000 473,963 469,392 491,205 509,931 449,751 473,935 390,897 498,501 501,383 479,696 560,031 439,159 5,737,844 119.5% (937,844) 478,153.64 FY2020-21 Overtime - Sworn 2,497,290 3,533,043 275,202 246,822 296,775 382,618 306,787 278,293 205,529 303,631 307,092 357,284 323,537 368,366 3,651,935 103.4% (118,892) 304,327.96 FY2021-22 Overtime - Sworn 5,165,434 5,165,434 379,016 408,253 487,481 423,830 333,006 307,152 255,420 330,788 314,524 336,044 304,989 366,419 4,246,922 82.2% 918,512 353,910.14 POLICEFY2022-23 Overtime - Sworn 5,165,435 4,800,000 373,491 355,649 399,628 355,866 377,889 401,964 396,783 474,403 463,499 416,775 496,542 449,394 4,961,883 103.4% (161,883) 413,490.26 FY2023-24 Overtime - Sworn 4,800,000 6,708,965 487,105 925,716 477,693 462,417 470,347 531,204 424,452 626,680 478,293 593,735 568,535 588,097 6,634,274 98.9% 74,691 552,856.16 FY2024-25 Overtime - Sworn 6,708,965 6,708,965 560,788 543,814 584,028 590,943 580,286 631,961 492,367 662,199 566,326 603,150 720,953 680,661 7,217,477 107.6% (508,512) 601,456.40 FY2025-26 Overtime - Sworn 6,983,641 6,983,641 614,222 614,222 8.8% 6,369,419 614,221.72 FY2018-19 Overtime - Sworn 2,509,914 2,509,914 257,785 245,946 179,272 171,370 219,937 204,997 261,780 216,596 196,343 310,702 220,368 275,166 2,760,261 110.0% (250,347) 230,021.77 FY2019-20 Overtime - Sworn 4,305,402 2,509,914 295,166 277,886 286,016 300,083 332,654 382,084 347,492 328,467 350,709 302,505 264,571 325,335 3,792,969 151.1% (1,283,055) 316,080.74 FY2020-21 Overtime - Sworn 1,993,165 3,193,165 398,678 380,282 417,982 393,922 267,819 345,928 341,403 305,081 172,961 261,923 263,518 286,039 3,835,537 120.1% (642,372) 319,628.09 FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 448,493 410,429 297,215 355,475 725,409 438,807 4,842,489 111.7% (507,990) 403,540.77 FIREFY2022-23 Overtime - Sworn 4,334,499 4,334,499 444,959 444,457 414,638 401,115 402,116 379,882 443,531 475,560 339,814 398,079 369,477 435,057 4,948,685 114.2% (614,186) 412,390.41 FY2023-24 Overtime - Sworn 4,482,969 5,135,869 524,969 473,094 348,296 346,854 363,759 315,266 363,100 382,930 381,442 417,762 431,523 357,820 4,706,814 91.6% 429,055 392,234.47 FY2024-25 Overtime - Sworn 4,481,969 4,481,969 367,801 375,737 425,984 419,101 462,309 358,764 366,579 356,872 395,710 496,072 499,221 510,985 5,035,136 112.3% (553,167) 419,594.68 FY2025-26 Overtime - Sworn 4,481,969 4,481,969 597,372 597,372 13.3% 3,884,597 597,371.89 FY2025-26 TOTAL 11,465,610 11,465,610 1,211,594 - - - - - - - - - - - 1,211,594 10.6% 10,254,016 605,796.81

BUDGET ACTUALS TOTAL

355
Attachment 4 - Documentary Transfer Tax for July 2025
Documentary Transfer Tax
The City of Richmond receives Documentary Transfer Tax from the County for the sale of properties in Richmond. As one of the most volatile revenue stream s for the City, the amounts received can vary month-t o-month from the low $300 thousand to the highs of $7 million. A few large sales can widely swing the revenues.

In FY2023-24, the City budgeted $13.3 million for the Transfer Tax category and received $8.6 million, equating to a difference of $4.7 million.

In FY2024 -25, the City budgeted $7.4 million. The difference between the budgeted amounts in these two years is that in the FY2024-25 budget, staff did not include property sales of over $10 million in the formula. These few and unpredictable transactions skew the monthly sales figures.

For FY 2025-26, t he City bu dgeted $ 13.6 m illion following the G uiding Fiscal Policy formula.

As a reminder, Measure H, approved by Richmond voters in November 2018, went into effect at the end of December 2018. M easure H increased the real estate transfer tax from 0.7 percent to 1.25 percent for properties with a sale price of over $1 million but below $3 million, 2.5 percent for properties with a sale price between $3 - $10 million, and

3.0 percent for properties with a sale price over $10 million.

The table below shows each monthly payment going back to FY2018- 19 and highlights the volatility of this revenue stream. Of note are the very high payments received in certain months which are shown as significant peaks.

356
KRISTIN B. CONNELLY, CLERK-RECORDER
County of Contra Costa
555 Escobar Street * Martinez, CA 94553
Recorder (925) 335-7900 * Fax (925) 335-7926
Transfer Tax Monthly Detail by City
Report Date & Time
08/06/2025 11:50
For Month: July 2025
Document No. Recording Date/Time Transaction Date/Time Action City Split County Split Transfer Tax Total Location
For Richmond
2025-0065749 07/01/2025 08:22 07/01/2025 08:22:00 $5,530.00 $869.00 $6,399.00 Main Office 2025-0066269 07/01/2025 16:03 07/01/2025 16:03:00 $4,235.00 $665.50 $4,900.50 Main Office 2025-0066701 07/02/2025 10:09 07/02/2025 10:09:00 $4,200.00 $660.00 $4,860.00 Main Office 2025-0066810 07/02/2025 12:50 07/02/2025 12:50:00 $5,320.00 $836.00 $6,156.00 Main Office 2025-0066939 07/02/2025 15:17 07/02/2025 15:17:00 $2,982.00 $468.60 $3,450.60 Main Office 2025-0066999 07/02/2025 16:31 07/02/2025 16:31:00 $5,215.00 $819.50 $6,034.50 Main Office 2025-0067003 07/02/2025 16:33 07/02/2025 16:33:00 $4,480.00 $704.00 $5,184.00 Main Office 2025-0067392 07/03/2025 13:55 07/03/2025 13:55:00 $3,115.00 $489.50 $3,604.50 Main Office 2025-0067857 07/07/2025 12:24 07/07/2025 12:24:00 $6,750,000.0 $247,500.00 $6,997,500.00 Main Office 2025-0068223 07/08/2025 10:26 07/08/2025 10:26:00 $3,976.00 $624.25 $4,600.25 Main Office 2025-0068250 07/08/2025 10:36 07/08/2025 10:36:00 $3,850.00 $605.00 $4,455.00 Main Office 2025-0068260 07/08/2025 10:42 07/08/2025 10:42:00 $6,993.00 $1,098.90 $8,091.90 Main Office 2025-0068907 07/09/2025 12:52 07/09/2025 12:52:00 $4,795.00 $753.50 $5,548.50 Main Office 2025-0069015 07/09/2025 15:17 07/09/2025 15:17:00 $2,485.00 $390.50 $2,875.50 Main Office 2025-0069188 07/10/2025 09:28 07/10/2025 09:28:00 $4,375.00 $687.50 $5,062.50 Main Office 2025-0069415 07/10/2025 12:58 07/10/2025 12:58:00 $2,730.00 $429.00 $3,159.00 Main Office 2025-0069442 07/10/2025 13:39 07/10/2025 13:39:00 $3,885.00 $610.50 $4,495.50 Main Office 2025-0069459 07/10/2025 14:05 07/10/2025 14:05:00 $18,187.50 $1,600.50 $19,788.00 Main Office 2025-0069471 07/10/2025 14:16 07/10/2025 14:16:00 $5,250.00 $825.00 $6,075.00 Main Office 2025-0069562 07/10/2025 14:34 07/10/2025 14:34:00 $3,535.00 $555.50 $4,090.50 Main Office 2025-0069810 07/11/2025 09:48 07/11/2025 09:48:00 $4,550.00 $715.00 $5,265.00 Main Office 2025-0069868 07/11/2025 10:52 07/11/2025 10:52:00 $4,200.00 $660.00 $4,860.00 Main Office 2025-0070082 07/11/2025 15:00 07/11/2025 15:00:00 $4,886.00 $767.80 $5,653.80 Main Office 2025-0070463 07/14/2025 12:21 07/14/2025 12:21:00 $3,605.00 $566.50 $4,171.50 Main Office Attachment 4 - Documentary Transfer Tax for July 2025

357
KRISTIN B. CONNELLY, CLERK-RECORDER
County of Contra Costa
555 Escobar Street * Martinez, CA 94553
Recorder (925) 335-7900 * Fax (925) 335-7926
Transfer Tax Monthly Detail by City
Report Date & Time
08/06/2025 11:50
For Month: July 2025
Document No. Recording Date/Time Transaction Date/Time Action City Split County Split Transfer Tax Total Location
2025-0070471 07/14/2025 12:36 07/14/2025 12:36:00 $4,200.00 $660.00 $4,860.00 Main Office 2025-0070499 07/14/2025 13:27 07/14/2025 13:27:00 $3,220.00 $506.00 $3,726.00 Main Office 2025-0070656 07/15/2025 08:07 07/15/2025 08:07:00 $17,500.00 $1,540.00 $19,040.00 Main Office 2025-0070933 07/15/2025 12:11 07/15/2025 12:11:00 $1,925.00 $302.50 $2,227.50 Main Office 2025-0070937 07/15/2025 12:14 07/15/2025 12:14:00 $4,648.00 $730.40 $5,378.40 Main Office 2025-0070939 07/15/2025 12:17 07/15/2025 12:17:00 $6,993.00 $1,098.90 $8,091.90 Main Office 2025-0070970 07/15/2025 13:57 07/15/2025 13:57:00 $4,585.00 $720.50 $5,305.50 Main Office 2025-0070975 07/15/2025 14:01 07/15/2025 14:01:00 $4,004.00 $629.20 $4,633.20 Main Office 2025-0071242 07/16/2025 07:58 07/16/2025 07:58:00 $5,670.00 $891.00 $6,561.00 Main Office 2025-0071373 07/16/2025 09:22 07/16/2025 09:22:00 $5,005.00 $786.50 $5,791.50 Main Office 2025-0071424 07/16/2025 09:48 07/16/2025 09:48:00 $4,340.00 $682.00 $5,022.00 Main Office 2025-0072032 07/17/2025 14:16 07/17/2025 14:16:00 $4,550.00 $715.00 $5,265.00 Main Office 2025-0072218 07/18/2025 08:13 07/18/2025 08:13:00 $5,495.00 $863.50 $6,358.50 Main Office 2025-0072234 07/18/2025 08:20 07/18/2025 08:20:00 $13,750.00 $1,210.00 $14,960.00 Main Office 2025-0072313 07/18/2025 09:41 07/18/2025 09:41:00 $5,145.00 $808.50 $5,953.50 Main Office 2025-0072413 07/18/2025 11:25 07/18/2025 11:25:00 $2,450.00 $385.00 $2,835.00 Main Office 2025-0072425 07/18/2025 11:34 07/18/2025 11:34:00 $4,690.00 $737.00 $5,427.00 Main Office 2025-0072494 07/18/2025 13:26 07/18/2025 13:26:00 $24,462.50 $2,152.70 $26,615.20 Main Office 2025-0072548 07/18/2025 14:26 07/18/2025 14:26:00 $3,199.00 $502.70 $3,701.70 Main Office 2025-0072870 07/21/2025 11:14 07/21/2025 11:14:00 $3,920.00 $616.00 $4,536.00 Main Office 2025-0072877 07/21/2025 11:21 07/21/2025 11:21:00 $5,796.00 $910.80 $6,706.80 Main Office 2025-0072909 07/21/2025 11:43 07/21/2025 11:43:00 $4,095.00 $643.50 $4,738.50 Main Office 2025-0072950 07/21/2025 12:43 07/21/2025 12:43:00 $3,045.00 $478.50 $3,523.50 Main Office 2025-0073155 07/21/2025 15:32 07/21/2025 15:32:00 $5,320.00 $836.00 $6,156.00 Main Office 2025-0073222 07/22/2025 08:49 07/22/2025 08:49:00 $4,165.00 $654.50 $4,819.50 Main Office 2025-0073271 07/22/2025 09:16 07/22/2025 09:16:00 $2,100.00 $330.00 $2,430.00 Main Office Attachment 4 - Documentary Transfer Tax for July 2025

358
KRISTIN B. CONNELLY, CLERK-RECORDER
County of Contra Costa
555 Escobar Street * Martinez, CA 94553
Recorder (925) 335-7900 * Fax (925) 335-7926
Transfer Tax Monthly Detail by City
Report Date & Time
08/06/2025 11:50
For Month: July 2025
Document No. Recording Date/Time Transaction Date/Time Action City Split County Split Transfer Tax Total Location
2025-0073288 07/22/2025 09:23 07/22/2025 09:23:00 $3,640.00 $572.00 $4,212.00 Main Office 2025-0073816 07/23/2025 08:46 07/23/2025 08:46:00 $3,500.00 $550.00 $4,050.00 Main Office 2025-0073828 07/23/2025 09:11 07/23/2025 09:11:00 $5,180.00 $814.00 $5,994.00 Main Office 2025-0073840 07/23/2025 09:27 07/23/2025 09:27:00 $117,500.00 $5,170.00 $122,670.00 Main Office 2025-0073969 07/23/2025 12:17 07/23/2025 12:17:00 $2,205.00 $346.50 $2,551.50 Main Office 2025-0074088 07/23/2025 14:50 07/23/2025 14:50:00 $6,300.00 $990.00 $7,290.00 Main Office 2025-0074383 07/24/2025 11:28 07/24/2025 11:28:00 $2,905.00 $456.50 $3,361.50 Main Office 2025-0074449 07/24/2025 12:36 07/24/2025 12:36:00 $714.00 $111.65 $825.65 Main Office 2025-0074480 07/24/2025 13:16 07/24/2025 13:16:00 $3,752.00 $589.05 $4,341.05 Main Office 2025-0074590 07/24/2025 16:03 07/24/2025 16:03:00 $3,500.00 $550.00 $4,050.00 Main Office 2025-0074635 07/25/2025 08:07 07/25/2025 08:07:00 $2,800.00 $440.00 $3,240.00 Main Office 2025-0074864 07/25/2025 11:15 07/25/2025 11:15:00 $4,900.00 $770.00 $5,670.00 Main Office 2025-0074986 07/25/2025 13:38 07/25/2025 13:38:00 $13,125.00 $1,155.00 $14,280.00 Main Office 2025-0075017 07/25/2025 14:23 07/25/2025 14:23:00 $2,660.00 $418.00 $3,078.00 Main Office 2025-0075052 07/25/2025 15:43 07/25/2025 15:43:00 $3,668.00 $576.40 $4,244.40 Main Office 2025-0075303 07/28/2025 11:04 07/28/2025 11:04:00 $5,243.00 $823.90 $6,066.90 Main Office 2025-0075459 07/28/2025 13:32 07/28/2025 13:32:00 $3,052.00 $479.60 $3,531.60 Main Office 2025-0075713 07/29/2025 09:05 07/29/2025 09:05:00 $12,500.00 $1,100.00 $13,600.00 Main Office 2025-0075731 07/29/2025 09:16 07/29/2025 09:16:00 $3,535.00 $555.50 $4,090.50 Main Office 2025-0075881 07/29/2025 11:31 07/29/2025 11:31:00 $3,500.00 $550.00 $4,050.00 Main Office 2025-0076213 07/29/2025 15:29 07/29/2025 15:29:00 $4,410.00 $693.00 $5,103.00 Main Office 2025-0076217 07/29/2025 15:33 07/29/2025 15:33:00 $3,640.00 $572.00 $4,212.00 Main Office 2025-0076500 07/30/2025 10:22 07/30/2025 10:22:00 $6,405.00 $1,006.50 $7,411.50 Main Office 2025-0076712 07/30/2025 14:51 07/30/2025 14:51:00 $3,850.00 $605.00 $4,455.00 Main Office 2025-0076788 07/31/2025 08:05 07/31/2025 08:05:00 $5,705.00 $896.50 $6,601.50 Main Office 2025-0076905 07/31/2025 09:49 07/31/2025 09:49:00 $2,450.00 $385.00 $2,835.00 Main Office Attachment 4 - Documentary Transfer Tax for July 2025

359
KRISTIN B. CONNELLY, CLERK-RECORDER
County of Contra Costa
555 Escobar Street * Martinez, CA 94553
Recorder (925) 335-7900 * Fax (925) 335-7926
Transfer Tax Monthly Detail by City
Report Date & Time
08/06/2025 11:50
For Month: July 2025
Document No. Recording Date/Time Transaction Date/Time Action City Split County Split Transfer Tax Total Location
2025-0077045 07/31/2025 12:31 07/31/2025 12:31:00 $3,850.00 $605.00 $4,455.00 Main Office 2025-0077176 07/31/2025 15:07 07/31/2025 15:07:00 $3,780.00 $594.00 $4,374.00 Main Office 2025-0077256 07/31/2025 16:33 07/31/2025 16:33:00 $3,710.00 $583.00 $4,293.00 Main Office Total For Richmond $7,258,631.00 $307,250.35 $7,565,881.35 Attachment 4 - Documentary Transfer Tax for July 2025

360
OPEB and Pension Returns for July 2025 (Attachment 5)
Account Frequency Beg. Balance Contributions Interest Gain(Loss) Fees End Balance Rate PARS-OPEB Monthly 54,625,036.01 206,375.00 1,734,850.77 (15,200.91) 56,551,060.87 3.17% FY 2018 6.60%
FY 2019 6.77%
FY 2020 3.62%
FY 2021 26.76%
FY 2022 -13.72%
FY 2023 9.49%
FY 2024 13.37%
FY 2025 10.49%
Annualized Returns
City of Richmond
City of Richmond Finance Department
PARS-OPEB Summary 450 Civic Center Plaza
Period Ending June 30, 2025 Richmond, CA 94804
(510) 620-6740

2.29%

1.79%

1.41%
-1.91%

3.40%
-2.63%

2.07%

0.41%
-2.83%

0.31%

2.81%

3.17%

7.23%

5.59%

5.59%

1.25%

2.86%
-1.24%

2.76%
-0.21%
-0.41%
-2.13%

0.21%

6.40%
-4.00%
-2.00%

0.00%

2.00%

4.00%

6.00%

8.00%
Jul-24
FY2025
Aug-24
FY2025
Sep-24
FY2025
Oct-24
FY2025
Nov-24
FY2025
Dec-24
FY2025
Jan-25
FY2025
Feb-25
FY2025
Mar-25
FY2025
Apr-25
FY2025
May-25
FY2025
Jun-25
FY2025
PARS-OPEB Return Rates
1-Month Return
3-Month Return

OPEB and Pension Returns for July 2025 (Attachment 5)
Account Frequency Beg. Balance Contributions Interest Gain(Loss) Fees End Balance Rate PARS-Pension Monthly 4,178,543.88 0.00 100,093.58 (1,164.07) 4,277,473.39 2.40% FY 2025 7.68%
City of Richmond
City of Richmond Finance Department
PARS-Pension Summary 450 Civic Center Plaza
Period Ending June 30, 2025 Richmond, CA 94804
(510) 620-6740
Annualized Returns

0.45%

2.79%

1.34%
-2.17%

2.21%
-2.11%

1.36% 1.29%
-1.42%

0.31%

1.13%

2.40%

1.13%

3.70%

4.64%

1.91% 1.33%
-2.12%

1.41%

0.50%

1.21%

0.16% 0.29%

3.88%
-3.00%
-2.00%
-1.00%

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 PARS-Pension Return Rates
1-Month Return
3-month

OPEB and Pension Returns for July 2025 (Attachment 5)
Account Frequency Beg. Balance Contributions Interest Gain(Loss) Fees End Balance Rate CalPERS-CERBT Quarterly 12,488,955.89 196,149.75 170,517.48 (2,211.64) 12,853,411.48 1.37% FY 2020 5.97%
FY 2021 20.47%
FY 2022 -12.60%
FY 2023 3.81%
FY 2024 8.69%
FY 2025* 4.99%
*Current Year Annualized Return is based on 3 quarters of activity.

Annualized Returns
City of Richmond
City of Richmond Finance Department
CalPERS-CERBT Summary 450 Civic Center Plaza
Quarter Ending March 31, 2025 Richmond, CA 94804
(510) 620-6740
-11.49%
-7.36%

5.44%

4.63%

1.58%
-4.39%

10.60%

2.31%

0.47%

7.83%
-3.94%

1.37%
-15.00%
-10.00%
-5.00%

0.00%

5.00%

10.00%

15.00%
Apr-Jun
2022
FY2022
Jul-Sep 2022
FY2023
Oct-Dec
2022
FY2023
Jan-Mar
2023
FY2023
Apr-Jun
2023
FY2023
Jul-Sep 2023
FY2024
Oct-Dec
2023
FY2024
Jan-Mar
2024
FY2024
Apr-Jun
2024
FY2024
Jul-Sep 2024
FY2025
Oct-Dec
2024
FY2025
Jan-Mar
2025
FY2025
CalPERS-CERBT Return Rates
3-Month Return

September 16, 2025

Mayor's Office

DATE: September 16, 2025
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez
Subject:

Correction to Term Expiration Date for Historic
Preservation Commissioner Caitlin Hibma
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

August 19, 2025

STATEMENT OF THE
ISSUE:

Caitlin Hibma’s current term expiration date on the
Historic Preservation Commission is November 31, 2029,
but it needs to be amended to July 31, 2029.

RECOMMENDED ACTION: AMEND the expiration date for Caitlin Hibma’s current term to the Historic Preservation Commission, from
November 31, 2029, to the correct date of July 31, 2029 – Mayor’s Office (Mayor Eduardo Martinez 510-620-
6503).

DISCUSSION:

Caitlin Hibma’s term expiration date for the Historic Preservation Commission was incorrectly listed on the agenda and approved as November 31, 2029, at the August 19, 2025, City Council meeting. After reviewing the commission's bylaws, it was requested that the mayor’s office amend the current term expiration to the correct date of July 31, 2029.

DOCUMENTS ATTACHED: None.

AGENDA
REPORT
364

September 16, 2025

Mayor's Office

DATE: September 16, 2025
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez
Subject:

Appointment of David Robinson to the Economic
Development Commission
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

David Robinson is applying to serve on the Economic
Development Commission
RECOMMENDED ACTION: APPOINT David Robinson to the Economic Development Commission with a term that expires on March 30, 2028
– Mayor’s Office (Mayor Eduardo Martinez 510-620-
6503).

DISCUSSION:

David Robinson, a Richmond resident for 43 years, brings valuable experience in real estate and community outreach to the Economic Development Commission. His commitment to balanced development, revitalizing underused areas, supporting entrepreneurship, and protecting neighborhoods from displacement aligns with Richmond’s goals for inclusive growth. His passion for economic justice and deep local knowledge make him a strong addition to the Commission.

DOCUMENTS ATTACHED:

Attachment 1 – David Robinson’s redacted application
AGENDA
REPORT
365

BOARD OR COMMISSION APPLICATION FORM
'$7(

BBBBBBBBBBBBBBBBBBBBB
&KHFN RQH
New Appointment

Re-Appointment

1$0( 2) %2$5' 25 &200,66,21

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBB 1$0(

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB +20( $''5(66

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB =,3 &2'(
BBBBBBBBBBBB+20( 3+21(
BBBBBB :25. 3+21(

BBBB BBBBBBBBBBBBBBBBBBB
2&&83$7,21
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB (0$,/
+2: /21* +$9( <28 %((1 $ 5(6,'(17 2) 7+( &,7< 2) 5,&+021'

BBBBBBBBBBBBBBBB BBBBBBBBBBBBB
3/$&( 2) (03/2<0(17

BBBBBBBBBBBBBBBBBBBBBBBBBBBBB
5($6216 )25 ,17(5(67 ,1 $332,170(17

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB )5$7(51$/ $1'25 &,9,& 25*$1,=$7,216

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB ('8&$7,21

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 5()(5(1&(6
0LQLPXP  ± /LVW 1DPH $GGUHVV 3KRQH 1XPEHU DQG(PDLO$GGUHVV

BBBBBBBBBBBBBBB BBBBBBBB
BBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBB
BBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
BBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBB
BBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBB
7R WKH EHVW RI P\ NQRZOHGJH WKH LQIRUPDWLRQ SURYLGHG LV WUXH DQG FRUUHFW

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBB 6LJQDWXUH 'DWH
'HOLYHU RU 0DLO WR
&LW \ &OHUN2U(PDLO WR
&LW\&OHUN'HSW#FLULFKPRQGFDXV
 &LYLF &HQWHU 3OD]D
5LFKPRQG &$

)RU 2IILFH 8VH 2QO\
1HZ $SSRLQWPHQW

5HDSSRLQWPHQW

VW
QG
UG
Clear Form
Print and Sign
7/29/2025
X
Economic development Commission
David Robinson
94804
Real Estate & Athletic Director
43 years
100 Black Men of the Bay Ar
ea
Associate Degree in Business Administration
Bachelor Degree in progress
Shabana Dean
Nancy Flocchini
Sean Gwi BB
Albert Gardner
Reymon LaChaux
7/29/2025
Through my experience in real estate and community outreach, I’ve seen firsthand the potential for revitalizing underutilized areas and supporting entrepreneurship in ways that uplift neighborhoods without displacing residents. I believe in balanced development that creates jobs, fosters innovation, and enhances the quality of life for Richmond residents. Serving on this commission would allow me to contribute my skills, local knowledge, and passion for economic justice to help move Richmond forward By Sabrina Lundy at 9:24 am, Jul 30, 2025
366

September 16, 2025

Public Works

DATE: September 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Darcie DeLashmutt, Capital Project Manager
Subject:

Approval of License Agreement with the East Bay
Regional Park District for the Point Molate Bay Trail
Project
FINANCIAL IMPACT: There is no fiscal impact associated with this item.

PREVIOUS COUNCIL
ACTION:

July 22, 2021

STATEMENT OF THE
ISSUE:

On August 27, 2021, the City executed a Cooperative
Agreement to implement the Point Molate Bay Trail
Project. The 2.5-mile project consists of two segments
equal in length of 1.25 miles, and one segment will be
owned and maintained by East Bay Regional Park
District (EBRPD). The EBRPD Board of Directors
awarded a construction contract and require access for
the construction, reconstruction, operation,
maintenance, and use of the future public trail along a segment owned by the City.

RECOMMENDED ACTION:

ADOPT a resolution and AUTHORIZE the city manager
or their designee to execute a 25-Year License
Agreement with the East Bay Regional Park District
(EBRPD) granting permission to use a twenty-foot-wide
portion of the surface of the property for multi-use trail purposes – Public Works Department (Darcie
DeLashmutt 510-672-3944/Robert Armijo 510-620-5477).

DISCUSSION:

AGENDA
REPORT
367

September 16, 2025

The City and East Bay Regional Park District (EBRPD) have been working cooperatively for years to implement the Point Molate Bay Trail Project. The 2.5-mile project consists of two segments equal in length of 1.25 miles. Segment A, which extends from the Richmond-San Rafael Bridge to Point Molate Beach Park, will be owned and maintained by EBRPD. A portion of Segment B, will be constructed at the Beach Park which is currently owned by the City of Richmond. Both entities have successfully applied for grants to fund the construction of each of their respective segments. On August 27, 2021, a Cooperative Agreement between the two entities was executed (Attachment 1).

The EBRPD Board of Directors awarded a construction contract to Carone and Company Inc. on June 17, 2025. The EBRPD and their contractor require access for the construction, reconstruction, operation, maintenance, and use of the future public trail. The proposed license agreement is for EBRPD to secure City’s permission to use a twenty-foot- wide portion of the land along the path of the trail. EBRPD may also use a portion of the Point Molate Beach Park paved parking area for staging. The area covered by the license agreement only consists of a portion of the Beach Park as identified in Exhibits A and B of the License Agreement (Attachment 2).

The term of the proposed License Agreement is twenty- five (25) years, beginning September 17, 2025, and ending September 16, 2050.

DOCUMENTS ATTACHED:

Attachment 1 – Cooperative Agreement
Attachment 2 – License Agreement
Attachment 3 – Resolution

368
369
370
371
372
373
374
1 LICENSE AGREEMENT
This license agreement (“Agreement”) is dated ____________ , 2025, and is entered into by and between THE CITY OF RICHMOND, a municipal corporation (the “City”) and EAST BAY REGIONAL PARK DISTRICT, a California special district ("Licensee").

RECITALS

A. The City owns an area west of Stenmark Drive at Point Molate commonly referred to as the Point Molate Beach Park and indicated as Assessor’s Parcel Number 561-100-057-0 in the City of Richmond, Contra Costa County, California; referred to herein as the “Property.” B. Licensee desires to obtain the City’s permission to use a twenty-foot-wide portion of the surface of the Property for multi-use trail purposes, as described in this Agreement. The City is willing to grant a license to use that portion of the Property shown on Exhibits A and B (such route or location, the “Licensed Premises”) upon the terms and conditions set forth in this Agreement.

The parties therefore agree as follows:

AGREEMENT

1. Grant of License. Subject to the terms and conditions of this Agreement, the City hereby grants to Licensee, a nonexclusive revocable license to enter the Licensed Premises for the purposes described in Section 2 below and for no other purpose without City’s prior written consent.

2. Use of Premises. Licensee may use the Licensed Premises identified as the “Trail License” as shown in Exhibit A for the construction, reconstruction, operation, maintenance, and use of a public trail for multi-use, together with the necessary appurtenances thereto (the “Trail”). The Licensed Premises may also be used by Licensee and its authorized representatives, including use of motorized vehicles, for the improvement, repair, maintenance, patrol or emergency response of the Licensed Premises, subject to section 8 below. The Trail will be open and in operation during the hours of operation of the San Francisco Bay Trail as established under Licensee’s Ordinance No. 38, as may be amended from time to time.

a. During initial construction of the Trail, Licensee may also use a portion of the Point Molate Beach Park paved parking area adjacent to the Licensed Premises, as shown on Exhibit B and designated as the “Construction Staging Area.” After construction of the Trail is complete, Licensee shall return the Construction Staging Area to its original condition and shall have no further responsibility for the Construction Staging Area.

3. Term. The term of this Agreement is twenty- five (25) years, beginning August 1, 2025 and ending July 31, 2050. The City and Licensee each have the right to terminate this Agreement at any time, for any reason, or for no reason, with thirty (30) days advance written notice. By mutual written consent of the parties hereto, it may be extended for an additional twenty-five (25) year term.
375
2 4. Improvements to the Premises.
b. Licensee may not construct any permanent improvements on the Licensed Premises without prior written consent from the City. For the purposes of this Agreement, any equipment Licensee is permitted to install on the Licensed Premises is not considered to be an improvement to the Property or the Licensed Premises.

c. Any improvements to the Licensed Premises by Licensee (with or without the consent of the City) must be removed by Licensee, at its sole cost, except those improvements that the City and Licensee agree are not required to be removed upon the termination of this Agreement. Licensee shall repair, at its sole cost, any damage caused by the removal of its improvements or equipment.

d. If Licensee fails to remove any improvements or equipment it is required to remove, the City may remove them at Licensee’s expense, and Licensee shall immediately reimburse the City upon Licensee’s receipt of an invoice from the City. Licensee’s obligations under this Section shall survive the termination or expiration of this Agreement.

5. Permits and Approvals. Licensee is responsible for obtaining any permits or approvals for improvements it installs from any agency having jurisdiction.

6. Nonexclusive Right of Use. This Agreement is nonexclusive. The City reserves the right to issue licenses, easements and permits to others that could affect the Property or the Licensed Premises so long as these issuances do not interfere with the full enjoyment by Licensee or the general public of the rights granted herein. If the City issues licenses, easements, and permits to others for the Property, the City will provide Licensee two weeks’ notice of such other agreements to coordinate safe use of the Licensed Premises. Licensee shall have the right to issue encroachment permits and other Park District permits that pertains to Trail use across the Licensed Premises. Additionally, any work to be conducted by a permittee, which may require access on or across the Licensed Premises, or may affect the Licensed Premises, will require a permittee to obtain an encroachment permit from Licensee in addition to an encroachment permit from City, so that Licensee’s public access concerns may be addressed.

7. Existing Facilities. It is understood and agreed that the City has leases, licenses, and/or easements with others for all or a portion of the Property. The holders of the leases, licenses, and/or easements (“Other Users”) granted by the City have the right to enter on the Property and maintain their facilities. Licensee will not be compensated by the City for damage resulting from such maintenance.

8. Damage. It is the responsibility of Licensee to contact the City and Other Users to determine if any real property over which Licensee wishes to use a vehicle is able to support the vehicle without damage to subsurface or surface facilities. If Licensee’s use of the Licensed Premises pursuant to this Agreement causes damage to the Licensed Premises, or their vegetation, Licensee shall repair the damage and return the affected property to a neat and safe condition satisfactory to the City and the Other Users that may be affected. If the City or Other Users damage the Licensed Premises, the City or Other Users are responsible for repairing and restoring the damaged area to its former condition. 376
3 9. Maintenance. During the term of this Agreement, Licensee, at its sole cost, shall maintain the Licensed Premises in a clean, safe and presentable condition, free from waste, litter and other items incidental to the use of the Licensed Premises. As used in this section, the term “litter” shall include, but is not limited to, paper, garbage, refuse, trimmings, and other items, including graffiti, that detract from the neat and tidy appearance of the Licensed Premises.

Licensee’s accepts responsibility for the repair of the Trail surface as it relates to the Licensee’s utilization of the Licensed Premises. Licensee shall not be responsible for the repair of any damage resulting from City activities, subsurface natural conditions or subsurface improvements, such as drains or culverts located under the Trail surface (unless installed by Licensee).

Licensee, at its sole cost, shall promptly repair all damage to the Licensed Premises caused or resulting from the use of the Trail or the Licensed Premises by the Licensee, its officers, employees, or agents, or by members of the public. Licensee, at its sole cost, shall install and maintain the Trail’s pavement surface, detectable warning surfaces, trail signage, delineators, and fencing if desired by Licensee, within the Licensed Premises. Licensee shall maintain signing in such a manner as to be clearly visible to road and trail users, be retro- reflective and comply with Licensee’s signage standards.

10. Pollution. Licensee, at its expense, shall comply with all applicable laws, regulations, and rules with respect to the use of the Licensed Premises, regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and shall furnish satisfactory evidence of such compliance upon request by the City.

Licensee may not permit hazardous materials to be handled at any time on the Property.

Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the Property due to Licensee's use and occupancy of the Licensed Premises, Licensee, at its expense, shall clean all the property affected thereby, whether owned or controlled by the City or any third person, to the satisfaction of the City (insofar as the property owned or controlled by the City is concerned) and any governmental body having jurisdiction.

To the extent permitted by law, Licensee shall indemnify, hold harmless, and defend the City and the holders of rights to use the License Premises (each, an “Indemnitee”) against all liability, cost, and expense (including, without limitation, any fines, penalties, judgments, litigation costs, and attorneys' fees) incurred by any Indemnitee as a result of any discharge, leakage, spillage, emission or pollution, regardless of whether the liability, cost or expense arises during or after the term of this Agreement, unless such liability, cost or expense is proximately caused solely by the active negligence of the City or Other Users.

Licensee shall pay all amounts due to the City under this section within ten (10) days after any demand therefor. Licensee’s obligations under this section shall survive the termination or expiration of this Agreement.

11. Hold Harmless. Licensee shall indemnify, save, protect, defend and hold harmless City, its boards, officers, employees, agents and contractors from and against any and all loss, liability, expense, claims, costs, suits and damages, including reasonable attorney’s fees 377
4 (collectively “Claims”), arising out of or connected with the Licensed Premises or its use by any person other than City and their officers, employees, agents or contractors. Licensee’s obligations under this section shall not apply for Claims which are the result of the gross negligence and/or willful misconduct of City, its officers, agents, or employees.

City shall indemnify, save, protect, defend and hold harmless Licensee, its boards, officers, employees, agents and contractors from and against any and all loss, liability, expense, claims, costs, suits and damages, including reasonable attorney’s fees, arising out of or connected with use of the Licensed Premises by Licensor or Licensor’s officers, employees, agents or contractors. Licensor’s obligations under this section shall not apply for Claims which are the result of the gross negligence and/or willful misconduct of Licensee, its officers, agents, or employees.

12. Insurance. Licensee agrees, at no cost to the City, to obtain and maintain during term of this Agreement, commercial general liability insurance with a minimum limit coverage of $1,000,000 for each occurrence and $2,000,000 aggregate for all claims or loses due to bodily injury, including death, or damage to property, including loss of use, and to name the City of Richmond, its officers, agents, and employees as additional insured thereunder.

The coverage must provide for a thirty-day written notice to the City of cancellation or lapse.

Licensee shall provide evidence of the coverage to the City prior to execution of this Agreement. Any required endorsement shall either be attached to the Certificate or certified as issued on the Certificate.

Licensee further agrees, at no costs to the City, to obtain and maintain during the term of this Agreement Automobile Liability Insurance with respect to any vehicles owned, non-owned, leased or hired by or on behalf of the Licensee with a combined single limit of not less than $1,000,000 for bodily injury or death to any person and damages to the property, including the loss of use thereof arising out of each accident or occurrence and as above to name the City, its officers, agents, and employees as additional insured thereunder.

Licensee further agrees, at no cost to the City, to obtain and maintain during the term of this Agreement Worker’s Compensation and Employer’s Liability Insurance for all of its employees. Licensee shall require any subcontractor to provide it with evidence of Worker’s Compensation and Employer’s Liability Insurance, all in strict compliance pursuant to California State Law.

13. Assignment. Licensee may not assign its rights under this Agreement.

14. City’s Title. Licensee hereby acknowledges City’s fee title in and to the Property and agrees never to assail or to resist the City’s title. Licensee agrees that it has not, and never will, acquire any rights or interest in the Property as a result of this Agreement, and that Licensee has not, and will not, obtain any right or claim to the use of the Property beyond that specifically granted in this Agreement. Construction of any improvements by Licensee on or about the Property does not give rise to an agreement coupled with an interest. The foregoing does not preclude Licensee from purchasing the Property under a separate agreement with the City.
378
5 15. Notices. Notices under this Agreement must be in writing and will be effective either when delivered in person or deposited as certified mail, postage prepaid, return receipt requested, or sent by a recognized overnight courier service, and directed to the other party at its address as stated below, or to such other address as the party may designate by written notice.

LICENSEE: East Bay Regional Park District
Attn: Land Acquisition
2950 Peralta Oaks Court
Oakland, CA 94605

CITY: City of Richmond
Public Works Department
450 Civic Center Plaza
Richmond, CA 94804

16. Governing Law. This Agreement is governed by the laws of the State of California.

17. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter of this Agreement. No alteration or variation of this Agreement is valid or binding unless made in writing and signed by both parties.

The parties are signing this Agreement as of the date set forth in the introductory paragraph.

CITY OF RICHMOND LICENSEE

EAST BAY REGIONAL PARK
DISTRICT, a California special
district
By ______________________________ By ______________________________ Sabrina Landreth
General Manager

By______________________________
Jason Rosenberg
Assistant General Counsel
379
Exhibit A: Licensed Premises
380
381
Reso. No. xx-23

RESOLUTION NO. xx-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE

AGREEMENT WITH THE EAST BAY REGIONAL PARKS DISTRICT FOR THE

POINT MOLATE BAY TRAIL PROJECT

WHEREAS, the City and East Bay Regional Park District (EBRPD) desire to construct a trail and approved the Point Molate Bay Trail project; and

WHEREAS, the City and EBRPD entered into a Cooperative Agreement for the Point Molate Bay Trail project on August 27, 2021; and

WHEREAS, the EBRPD awarded a construction contract at its June 17, 2025 Board of Directors Meeting and intents to move forward with the project; and

WHEREAS, the EBRPD and its contractor require access to City of Richmond Property to construct, maintain, and use the trail; and

WHEREAS, a License Agreement was prepared to provide the needed access to construct, maintain, and use the trail; and

WHEREAS, execution of this agreement will allow the City to finalize the construction and facilitate timely delivery of the Point Molate Bay Trail Project.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond, as follows:

Section 1. The foregoing recitals are true and correct, and this City Council hereby so finds and determines:

Section 2. The City Manager is authorized to execute a License Agreement and any associated necessary actions with the East Bay Regional Park District (EBRPD) for the Point Molate Bay Trail project to ensure project completion in accordance with this resolution.

Section 3. This resolution shall take effect immediately upon its passage.

*************************

I hereby certify that the foregoing Resolution of the City Council of the City of Richmond was duly passed and adopted at a me eting thereof held September 16, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:
382
Reso. No. xx-23

Mayor

Approved as to form:

City Attorney
383

September 16, 2025

Public Works

DATE: September 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, Director of Public Works
Darin Fitzpatrick, Assistant Deputy Director of Public
Works for Operations and Maintenance
Subject:

Contract with R&S Doors and Gates for Commercial Roll
Up Door and Automatic Gate Repair Services
FINANCIAL IMPACT: The proposed expenditure of $225,000, with the option for two one-year extensions of $75,000 per year is
included within the approved fiscal year 2025-2026
Public Works – Facilities budget and will be budgeted
accordingly in subsequent fiscal year (Account String:
01232331 – 400524).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City of Richmond operates multiple commercial roll
up doors and automatic gates at municipal facilities,
including Corporation Yard, Fire Stations, and other
secured public works sites. These systems require
regular preventive maintenance, timely repairs, and
replacement services to maintain operational reliability, public safety, and secure facility access. The existing agreement for these services is expiring, and City staff has completed a competitive procurement process to
select a qualified contractor for ongoing support.

AGENDA
REPORT
384

September 16, 2025
RECOMMENDED ACTION:

ADOPT a resolution and APPROVE a contract with R&S
Doors and Gates of Richmond, Inc., for commercial roll
up door and automatic gate repair services, for a three- year term in a not-to-exceed amount of $225,000, with
two one-year extension options in a not-to-exceed
amount of $75,000 per year; and AUTHORIZE the city
manager or their designee to execute the contract and
any necessary amendments – Public Works Department
(Daniel Chavarria 510-620-5478/Darin Fitzpatrick 510-
231-3044).

DISCUSSION:

The City of Richmond operates multiple commercial roll up doors and automatic gates at municipal facilities, including Corporation Yard, Fire Stations, and other secured public works sites. These systems require regular preventive maintenance, timely repairs, and replacement services to maintain operational reliability, public safety, and secure facility access. The existing agreement for these services is expiring, and the City needed to select a qualified contractor for ongoing support.

On April 17, 2025, the Public Works Department issued a Request for Proposals (RFP) for commercial roll up door and automatic gate repair services through the City’s BidsOnline System. The RFP was distributed to 352 vendors, and four proposals were received by the submission deadline.

The scope of work included:
 Preventive maintenance and inspection of commercial roll up doors and automatic gates.
 Emergency repair services with rapid response times to restore operations.  Compliance with manufacturer specifications, safety standards, and applicable building codes.
 Provision of all labor, tools, equipment, and materials necessary to complete repairs and installations.
 Capability to service multiple City sites, including high-security and public safety facilities.

Proposals were evaluated by three Public Works subject matter experts using the published criteria: Experience, References, Licensing & Compliance, RFP Response & Approach, and Cost (100 points possible), plus a 5-point Richmond Business Enterprise (RBE) incentive.

EVALUATION RESULTS:

VENDOR AVERAGE SCORE
R & S Richmond Inc. 88
Nor Cal Overhead, Inc. 75
385

September 16, 2025
Electronic Innovations, Inc. 74
D.W. Nicholson Corporation 65

RECOMMENDATION:

Based on the evaluation results, R & S Richmond Inc., received the highest overall score and demonstrated superior qualifications, technical expertise, and value. The firm’s proposal reflects extensive experience with municipal clients, strong references, competitive pricing, and the capacity to meet the City’s service requirements, including rapid emergency response. Awarding the contract to R & S Richmond, Inc., will ensure the City receives timely, high-quality repairs and maintenance, improved operational reliability, and a consistent service provider for the duration of the agreement (Attachment 2).

City staff recommend that the City Council adopt a resolution awarding a contract to R & S Richmond, Inc. for commercial roll up door and automatic gate repair services for a three-year term, with a payment limit of $225,000, with the option two one-year extension options with a payment limit of $75,000 per option year (Attachment 3).

DOCUMENTS ATTACHED:

Attachment 1 – Evaluation Forms
Attachment 2 – Proposed Contract
Attachment 3 – Resolution

386
387
388
389
390
391
392
393
394
395
396
397
398
399
400

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.

Public Works
Darin Fitzpatrick
[email protected]
(510) 231-3044
Commercial Roll Up Door & Automatic Gate Repair
R & S Erection of Richmond, Inc.
1826 Seventh St.

Richmond, CA, 94081
Paul Jones
(510) 232-2062
[email protected]
September 1, 2025
August 31, 2028
225,000.00
401

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

R & S Erection of Richmond, Inc.
402
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]:

R & S Erection of Richmond, Inc.

See attached pages.
403
404
405
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.

Darin Fitzpatrick
Darin Fitzpatrick
R & S Erection of Richmond, Inc.
406
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: ________________________________________________ Darin Fitzpatrick
[email protected]
R & S Erection of Richmond, Inc.

R & S Erection of Richmond, Inc.
1826 Seventh St.

Richmond, CA, 94081
[email protected]
407
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, R & S Erection of Richmond, Inc.
408
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.

R & S Erection of Richmond, Inc.
409
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 R & S Erection of Richmond, Inc.
410
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 R & S Erection of Richmond, Inc.
411
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 R & S Erection of Richmond, Inc.
412
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.

R & S Erection of Richmond, Inc.
413
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 R & S Erection of Richmond, Inc.
414
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, R & S Erection of Richmond, Inc.
415
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.

R & S Erection of Richmond, Inc.
416
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”):

R & S Erection of Richmond, Inc.

NONE
417
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
R & S Erection of Richmond, Inc.
418
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, 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, 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) including coverage for bodily and personal injury, property damage, and products and completed operations.

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

3. Original and Separate Additional Insured Endorsements 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 and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

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.

419
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

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.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
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.

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 but not limited to 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. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 420
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

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 and Builder’s Risk/ Course of Construction coverage 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.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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 coverages and cover those insured in the underlying policies.

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.
421
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

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 Manager. 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.

422
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)
R & S Erection of Richmond, Inc.
423
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:

R & S Erection of Richmond, Inc.
424

Reso. No. _____

RESOLUTION NO. ______-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, AWARDING A CONTRACT TO R & S ERECTION OF
RICHMOND, INC., FOR COMMERCIAL ROLL UP DOOR AND AUTOMATIC

GATE REPAIR SERVICES, FOR A THREE-YEAR TERM IN A NOT-TO-EXCEED AMOUNT OF $225,000, WITH THE OPTION TO EXTEND FOR TWO
ADDITIONAL ONE-YEAR TERMS IN A NOT-TO-EXCEED AMOUNT OF $75,000

PER YEAR

WHEREAS, the City of Richmond operates multiple commercial roll up doors and automatic gates at municipal facilities, including Corporation Yard, Fire Stations, and other secured public works sites; and

WHEREAS, these systems require routine preventive maintenance, timely repairs, and code-compliant replacements to ensure operational reliability, public safety, and secure facility access; and

WHEREAS, the Public Works Department issued a Request for Proposals (RFP) for Commercial Roll Up Door and Automatic Gate Repair Services on April 17, 2025, through the City’s BidsOnline System, notifying 352 vendors and receiving four complete proposals by the submission deadline; and

WHEREAS, proposals were evaluated by three Public Works subject matter experts using the published criteria —Experience, References, Licensing & Compliance, RFP Response & Approach, and Cost—plus a Richmond Business Enterprise incentiv e, resulting in the following average scores:
 R & S Erection of Richmond, Inc. – 88
 Nor Cal Overhead, Inc. – 75
 Electronic Innovations, Inc. – 74
 D.W. Nicholson Corporation – 65; and

WHEREAS, based on these results, R & S Erection of Richmond, Inc. , was determined to be the most qualified and responsive bidder, demonstrating superior technical expertise, competitive pricing, and the ability to meet the City’s operational requirements; and

WHEREAS, staff recommends awarding the contract to R & S Erection of Richmond, Inc., for a three -year term in a not -to-exceed amount of $225,000, with the option to extend for two additional one-year terms in a not -to-exceed amount of $75,000 per year, subject to Department Head approval;

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond, California, that it hereby awards a contract to R & S Erection of Richmond, Inc., for Commercial Roll Up Door and Automatic Gate Repair Services for a three-year term in a total not-to-exceed amount of $225,000, with the option to extend for up to two additional one-year terms in a total not-to-exceed amount of $75,000 per year, and authorizes the City Manager or their designee to execute the contract and any necessary amendments.

******************

***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on September 2, 2025 by the following vote:

AYES: AYES:
425

Reso. No. _____

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____-25, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on September 2, 2025.

_______________________________________
Pamela Christian, Clerk of the City of Richmond
426

September 2, 2025

Public Works

DATE: September 2, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, Director of Public Works
Darin Fitzpatrick, Assistant Deputy Director of Public
Works, Operations and Maintenance
Will Santana, Stationary Engineer Supervisor
Subject:

Contract with San Francisco Elevator Services, LLC for
As-Needed Elevator Maintenance, Service, and Repairs.

FINANCIAL IMPACT: The proposed total three-year term not to exceed cost of $225,000, with the option to extend for two one-year
terms not to exceed $150,000 is included within the
approved fiscal year 2025-2026 Public Works – Facilities budget and will be budgeted accordingly in subsequent
fiscal year budgets (Account String: 01232431 –
400383).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City of Richmond operates multiple elevators in Civic Center Plaza and other municipal facilities that require regular preventive maintenance, timely repairs, and
code-compliant inspections to ensure safety,
accessibility, and uninterrupted service for staff and the public. With the current service agreements nearing
expiration, it is necessary to award a new contract to a qualified vendor to continue these essential services
without interruption.

AGENDA
REPORT
427

September 2, 2025
RECOMMENDED ACTION:

ADOPT a resolution approving a contract with San
Francisco Elevator Services, LLC, for elevator
maintenance, service, and repairs for a three-year term, in a total not-to-exceed amount of $225,000, with the
option to extend for up to two additional one-year terms in a total not-to-exceed amount of $150,000, and
AUTHORIZE the city manager or their designee to
execute the contract and any necessary amendments –
Public Works Department (Daniel Chavarria/Darin
Fitzpatrick/Will Santana 510-231-3008).

DISCUSSION:

The Public Works Department issued a Request for Proposals (RFP) on April 17, 2025, through the City’s BidsOnline System for qualified elevator maintenance contractors.

The RFP was publicly posted, with 352 vendors notified, and three complete proposals were received by the June 5, 2025, deadline.

The scope of work includes:
 Routine preventive maintenance and inspections for passenger and freight elevators  Compliance with all applicable building codes, safety regulations, and manufacturer guidelines
 Emergency repair response within two hours of notification  Detailed annual reporting of inspections, repairs, and maintenance activities  Provision of all labor, materials, and equipment needed to perform services to industry standards

Elevators covered under this agreement are located at:
 333 12th Street (Parking Garage)
 330 25th Street (Employment & Training)
 325 Civic Center Plaza (Main Library)
 403 Civic Center Plaza (Auditorium)
 440 Civic Center Plaza (Council Chambers)
 450 Civic Center Plaza (City Hall)
 400 Nevin Street (Nevin Plaza)

Bid Evaluation and Selection Process:

Proposals were evaluated by a panel of three Public Works subject matter experts using the criteria published in the RFP, totaling 100 points plus a potential 5-point Richmond Business Enterprise (RBE) incentive. The criteria included:

1. Experience – 20 points

2. Qualifications – 20 points

3. Organization – 20 points

4. Approach – 20 points
428

September 2, 2025

5. Cost – 20 points

6. Local RBE Incentive – 5 points bonus

Evaluation Results (:

VENDOR AVERAGE SCORE

SAN FRANCISO ELEVATOR

SERVICES, LLC
88 METRO ELEVATOR 75
SHINDLER ELEVATOR 75

San Francisco Elevator Services, LLC received the highest average score of 88 from the evaluation panel, demonstrating superior qualifications, technical expertise, and competitive pricing compared to the other respondents (Attachment 1). The company has a proven record of reliable service delivery, the ability to respond promptly to emergency calls, and experience with municipal elevator systems of similar scale and complexity.

Based on these findings, the Public Works Department recommends City Council adopt a resolution awarding a contract to San Francisco Elevator Services, LLC for elevator maintenance, service, and repairs for a three-year term, in a total not-to-exceed amount of $225,000, with the option to extend for up to two additional one-year terms in a total not-to-exceed amount of $150,000 (Attachment 2 and 3).

DOCUMENTS ATTACHED:

ATTACHMENT 1 – BID SCORING SUMMARY
ATTACHMENT 2 – RESOLUTION
ATTACHMENT 3 – PROPOSED CONTRACT

429
430
431
432
433
434
435
436
437
438
439
440

Reso. No. _____

DocID #52253v1
RESOLUTION NO. _____-25_

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, AWARDING A CONTRACT TO SAN FRANCISCO ELEVATOR

SERVICES, LLC FOR ELEVATOR MAINTENANCE, SERVICE, AND REPAIRS

FOR A THREE-YEAR TERM, IN A TOTAL NOT-TO-EXCEED AMOUNT OF $225,000, WITH THE OPTION TO EXTEND FOR UP TO TWO ADDITIONAL ONE-YEAR TERMS FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $150,000

WHEREAS, the City of Richmond operates multiple elevators in Civic Center Plaza and other municipal facilities that require regular preventive maintenance, timely repairs, and code - compliant inspections to ensure safety, accessibility, and uninterrupted service for sta ff and the public; and

WHEREAS, the current service agreements for elevator maintenance are nearing expiration, requiring the award of a new contract to ensure continuity of these essential services; and

WHEREAS, the Public Works Department issued a Request for Proposals (RFP) on April 17, 2025, through the City’s BidsOnline System, notifying 352 vendors and receiving three complete proposals by the June 5, 2025 deadline; and

WHEREAS, the scope of work includes r outine preventive maintenance and inspections, compliance with all applicable codes and safety regulations, emergency repair response within two hours, annual reporting, and provision of all labor, materials, and equipment needed to perform services to industry standards; and

WHEREAS, proposals were evaluated by a panel of three Public Works subject matter experts using the criteria published in the RFP —Experience, Qualifications, Organization, Approach, and Cost—totaling 100 points, plus a potential 5-point Richmond Business Enterprise (RBE) incentive; and

WHEREAS, San Francisco Elevator Services, LLC, received the highest average score of 88 from the City evaluators , demonstrating superior qualifications, technical expertise, competitive pricing, a proven record of reliable service, and experience with municipal elevator systems of similar scope and complexity; and

WHEREAS, staff recommends awarding the contract to San Francisco Elevator Services, LLC for a three-year term in a total not-to-exceed amount of $225,000, with the option to extend for up to two additional one-year terms in a total not-to-exceed amount of $150,000, funded from the approved Fiscal Years 2025/26 through 2029/30 Public Works – Facilities budget (Fund:
01232431 – Account: 400383).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond that it hereby awards a contract to San Francisco Elevator Services, LLC for as -needed elevator maintenance, service, and repairs for a three-year term in a total not-to-exceed amount of $225,000, with the option to extend for up to two additional one-year terms in a total not-to-exceed amount of $150,000, and authorizes the City Manager or designee to execute the contract and any necessary amendments.

******************

***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on September 2, 2025, by the following vote:

441

Reso. No. _____

DocID #52253v1
AYES: AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____-25, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on September 2, 2025.

_______________________________________
Pamela Christian, Clerk of the City of Richmond
442

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.

Public Works
Darin Fitzpatrick
[email protected]
(510) 231-3044
Award of Contract for As-Needed Elevator Maintenance, Service, and Repairs San Francisco Elevator Services, LLC
1555 Yosemite Ave Ste 13
San Francisco, CA, 94124
Brian Beckmeyer
(415) 672-9230
[email protected]
September 1, 2025
August 31, 2028
225,000.00
2028/29
75,000.00
2029/30
75,000.00
443

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

San Francisco Elevator Services, LLC
444
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]:

San Francisco Elevator Services, LLC
See attached pages.
445

Minimum Service Call and Mobilization Rate $_657.00 per hour regular time

What is your company’s non-emergency response time? 4 hours or less

What is your company’s Emergency Call and Mobilization Rate? _859.00 per hour What is your company’s emergency response time?_2 hours or less Define “Straight Time” business days and hours:

SUN MON TUES WED THUR FRI SAT
NA 7:30 AM 7:30 AM 7:30 AM 7:30 AM 7:30 AM NA
NA 4 PM 4 PM 4 PM 4 PM 4 PM NA

Define Overtime business days and hours:

SUN MON TUES WED THUR FRI SAT
12 a.m. 12 a.m.-
7:30 AM
12 a.m.-
7:30 AM
12 a.m.-
7:30 AM
12 a.m.-
7:30 AM
12 a.m.-
7:30 AM 12 a.m.
11:59 p.m. 4 p.m.-
11:59 PM
4 p.m.-
11:59 PM
4 p.m.-
11:59 PM
4 p.m.-
11:59 PM
4 p.m.-
11:59 PM 11:59 p.m.

Labor Rates Field
Straight Time
Field
Overtime
Supervision $ 657.00 /Hour $ 859.00 /Hour
Journeyman $ 657.00 /Hour $ 859.00 /Hour
Helper / Utility Worker $ NA /Hour $ NA /Hour

**Repairs outside of normal service calls will require a repair crew of Mechanic and Apprentice. The cost for repair crew is $1002.00 per hour**

Proposal Section
(This page is required to be submitted with Proposal)

Any additional costing (indicate the Cost and Justification):

San Francisco Elevator will perform quarterly maintenance visits at the cost of $2,990.00 per quarter.

Any call backs for trouble calls, repairs, or additional work will be performed at the hourly rates noted in this bid, authorization or approval for that work must come from the City of Richmond representative verbally or in the form of an email. Any annual or load testing required by the State of CA or work resulting from State of CA preliminary orders will be submitted for approval to the authorized City of Richmond representative in the form of a proposal based on what is required.

Please indicate the mark up added to vendor’s wholesale price on materials, as well as a brief overview of the services your company can provide.

446

20% plus any applicable taxes San Francisco Elevator is a full-service elevator company offering
maintenance, repair services, modernization and new elevator installation. We provide 24 hour a day phone monitoring with an on-call San Francisco Elevator answering service for after hours for emergency calls. We are licensed for all facets of elevator work in the State of CA. We provide efficient
and professional service to our customers and often exceed the industry standards of workmanship.

447
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.

Darin Fitzpatrick
Darin Fitzpatrick
San Francisco Elevator Services, LLC
448
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: ________________________________________________ Darin Fitzpatrick
[email protected]
San Francisco Elevator Services, LLC
San Francisco Elevator Services, LLC
1555 Yosemite Ave Ste 13
San Francisco, CA, 94124
[email protected]
449
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, San Francisco Elevator Services, LLC
450
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.

San Francisco Elevator Services, LLC
451
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 San Francisco Elevator Services, LLC
452
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 San Francisco Elevator Services, LLC
453
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 San Francisco Elevator Services, LLC
454
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.

San Francisco Elevator Services, LLC
455
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 San Francisco Elevator Services, LLC
456
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, San Francisco Elevator Services, LLC
457
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.

San Francisco Elevator Services, LLC
458
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”):

San Francisco Elevator Services, LLC
NONE
459
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
San Francisco Elevator Services, LLC
460
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, 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, 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) including coverage for bodily and personal injury, property damage, and products and completed operations.

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

3. Original and Separate Additional Insured Endorsements 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 and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

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.

461
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

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.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
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.

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 but not limited to 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. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 462
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

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 and Builder’s Risk/ Course of Construction coverage 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.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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 coverages and cover those insured in the underlying policies.

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.
463
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

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 Manager. 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.

464
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)
San Francisco Elevator Services, LLC
465
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:

San Francisco Elevator Services, LLC
466

September 16, 2025

Public Works

DATE: September 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works/City Engineer
Janney Lockman, AICP, Associate Transportation
Planner
Subject:

Accept Grant Funds and Contract with CSW-ST2 for
Engineering and Design Services for the Downtown Point
Richmond Bicycle and Pedestrian Connectivity Project
FINANCIAL IMPACT: The proposed total cost of $254,665 with a 15 percent contingency of $38,335 will be funded by Transportation Development Act Article 3 (TDA) and Housing Incentive
Pool (HIP) grants and matching funds. Matching funds of $139,667 are included within the fiscal year 2025-2026
budget, Measure J Fund. There are no anticipated
financial impacts to the General Fund (Account Strings:
15436431 - 400733 - 23060 and 20236031 – 400733 -
23060).

PREVIOUS COUNCIL
ACTION:

March 25, 2025

STATEMENT OF THE
ISSUE:

City staff recommends that the City Council adopt a
resolution to accept and appropriate a grant and
authorize the City to enter into a contract with CSW-ST2 for engineering services for the Downtown Point
Richmond Bicycle and Pedestrian Connectivity Project.

RECOMMENDED ACTION: ADOPT a resolution to: (1) ACCEPT and APPROPRIATE Housing Incentive Pool (HIP) grant funding in the amount of $1,078,000 for the Downtown Point Richmond Bicycle
and Pedestrian Connectivity Project; and (2) to
APPROVE a contract with CSW-ST2 for engineering and
design services for the Downtown Point Richmond
AGENDA
REPORT
467

September 16, 2025
Bicycle and Pedestrian Connectivity Project in a not-to- exceed amount of $254,665; and (3) AUTHORIZE the
director of Public Works, or their designee, to approve any change orders or amendments, if necessary, in an
amount not-to-exceed $38,335, with a term beginning
upon execution and ending December 31, 2027 – Public
Works Department (Janney Lockman 510-307-
8097/Robert Armijo 510-620-5477).

DISCUSSION:

The Downtown Point Richmond Bicycle and Pedestrian Connectivity Project will improve bicycle and pedestrian access and safety throughout downtown Point Richmond, implementing high-priority recommendations from the 2021 Richmond Ferry to Bridge to Greenway Complete Streets Plan and the 2023 Bicycle and Pedestrian Action Plan.

This project has previously been awarded $178,400 through the Metropolitan Transportation Commission’s Transportation Development Act Article 3 (TDA) grant, and $241,000 through the West Contra Costa Transportation Commission’s Subregional Transportation Mitigation Program (STMP) for design and construction.

On March 25, 2025, Richmond City Council adopted Resolution 28-25 to apply for the Housing Incentive Pool Grant (HIP) for the remaining funding needed for this project and was subsequently awarded a grant in the amount of $1,078,000.

On March 26, 2025, Public Works issued a Request for Proposals (RFP) seeking qualified engineering firms to provide professional engineering & design services to prepare plans, specifications, and estimates for the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project (Attachment 1).

City staff received two proposals from qualified engineering firms. A panel of staff members reviewed the proposals and interviewed both firms. Selection criteria included approach to the project, related projects that the firm has worked on, firm qualifications, and the skillset of the project team.

The panel identified CSW-ST2 as the best fit for engineering and design services for this project, based on the firm’s approach to community engagement, familiarity with the project and the Point Richmond neighborhood, and technical expertise.

The evaluation results are summarized below:

Consultant Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4
BKF 87 89 88 85
CSW-ST2 92 96 88 95

468

September 16, 2025
This resolution will allow the City to enter into a contract with CSW-ST2 to complete the design services, for an amount not to exceed $254,665. This resolution would also allow the Public Works Director or their designee to approve, if necessary, any change orders or amendments in an amount not-to-exceed $38,335 for contingency (approximately 15% of the $254,665 contract amount) (Attachment 2).

If the City Council adopts this resolution, a contract with the selected firm can be executed, and work can begin shortly after. Public Works staff will work with the selected consultant to begin data collection, utility investigations, and community outreach to inform project design. The project budget includes three (3) community workshops to receive input from community members throughout the design process.

Anticipated Project Timeline:
 October 2025 – Project Kick-off
 November 2025 – February 2026 – Data Collection & Analysis; Outreach begins
 January 2026 – December 2026 – Engineering and Design, Construction Plans  December 2026-February 2027 – Bid for Construction
 March 2027 – March 2028 – Construction

City staff recommends that the City Council adopt a resolution to accept and appropriate the HIP grant, and to authorize execution of a contract with CSW-ST2 in an amount not-to-exceed $254,665, and authorize the Public Works Director to approve a contingency amount up to $38,335 (Attachment 3). This will allow the project’s design phase to begin, including data collection, stakeholder engagement, utility coordination, and preparation of plans, specifications, and estimates.

DOCUMENTS ATTACHED:

Attachment 1 – RFP
Attachment 2 – Standard Contract
Attachment 3 – Resolution

469

Request for Proposals
Engineering & Design Services

Downtown Point Richmond Bicycle and Pedestrian
Connectivity Project

Release Date:

March 26, 2025
Deadline for Submittal:

April 23, 2025

Contact: Janney Lockman, Associate Planner
Email: [email protected]
Phone Number: 510-307-8097

City of Richmond
Public Works – Engineering Department

470

Table of Contents

1. INTRODUCTION ...............................................................................................................3

2. SCOPE OF SERVICES ...................................................................................................4

3. PROJECT GENERAL INFORMATION..........................................................................9

4. PROCESS FOR SUBMITTING PROPOSALS ............................................................13

5. PROPOSAL EVALUATION AND SELECTION PROCESS ......................................15

471

1. INTRODUCTION

The City of Richmond is requesting proposals from qualified firms to provide professional engineering & design services to prepare plans, specifications, and estimates for the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project. The services required shall include, but are not limited to , project team coordination, conducting traffic and pedestrian studies, generating detailed plans, specifications, and estimates (PS&E) for the roadway improvements, and coordination with the City, BNSF, the California Public Utilities Corporation . This Request for Proposal (RFP) describes the project, the required scope of services, the consultant selection process, and the required information that must be included in the proposal.

Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification. The anticipated term of this contract will be for a period of two (2) years.

PROJECT BACKGROUND / DESCRIPTION
The Downtown Point Richmond Bicycle and Pedestrian Connectivity Project will improve bicycle and pedestrian access and safety through Downtown Point Richmond, completing the bicycle network connection from the Richmond-San Rafael Bridge to the Richmond Ferry Terminal by installing protected bicycle lanes on Tewksbury Avenue from Santa Fe Avenue to Washington Avenue, making pedestrian crossing improvements, including installing new crosswalks and installing ADA-compliant curb ramps, installing bus stop improvements, wayfinding signs and pavement markings.

The project concept includes pedestrian and bicycle improvements at the rail crossing at W. Richmond Ave., therefore, this project will require coordination with the California Public Utilities Commission (CPUC) and Burlington Northern Santa Fe (BNSF) railroad.

Concept plans (approximately 30% design) were developed as part of the 2021 Richmond Ferry to Bridge to Greenway Complete Streets Plan, which identified opportunities to provide connections for walking and bicycling to and between the Richmond Ferry, the Richmond-San Rafael Bridge Trail, and the Richmond Greenway (See Exhibit 1.1 Downtown Point Richmond Bicycle and Pedestrian Connectivity Project - Conceptual Illustration of Proposed Improvements).

This project is currently funded for design- only by the Metropolitan Transportation Commission Transportation Development Act Article 3 and the Western Contra Costa County Transportation Commission Subregional Transportation Mitigation Program (STMP). The City of Richmond is currently seeking additional funding for construction.

The selected consultant will assist the City in determining options for project phasing in order to deliver improvements and identifying opportunities for further grant funding for construction.

472

2. SCOPE OF SERVICES

Scope of Work
The Scope of Work required includes the preparation of engineering studies and construction documents including detailed plans, specifications, and cost estimate (PS&E). The design must conform to all laws, ordinances, and codes, including the latest ADA r egulations, City of Richmond’s Standard Specifications and Details (if applicable) and the latest CA -MUTCD Manual. All work products shall become the property of the City and be submitted to the City for review. The Consultant shall submit at a minimum the following design submittals: Conceptual Design, 30% Preliminary Design, 60% PS&E, 90% PS&E, and 100% Final PS&E.

2.1 Project Management

• Consultant shall manage and coordinate a kick-off meeting with City Staff within 10 days after contract execution to discuss the project goals, scope, schedule, introduction of the project team, and request any required existing conditions information that the City may have.
• Consultant shall manage, coordinate monthly meetings with City Staff.

Consultant shall set monthly ongoing meetings and distribute agendas, lead monthly meetings, prepare, and distribute meeting minutes, and responsibility matrix after each meeting to all project team members.
• In addition to monthly coordination meetings, consultant shall schedule, attend, and conduct at a minimum, four additional meetings to review design submittals as follows through the duration of the project: Conceptual design, 30% preliminary design report, 60% PSE & 90% PSE.
• Consultant shall coordinate with City staff, Caltrans, other applicable regulatory agencies, and other entities as required to complete the scope of work described herein.
• Consultant shall prepare and update a project schedule with tasks and milestones. Project schedule should be updated with each milestone, or any changes that would result in a change of schedule of more than two weeks.

Consultant shall break down the schedule by logistical tasks consistent with the scope of work and with enough detail to track project progress. The schedule must reflect realistic estimates of review periods by City staff for tasks, such as reports, plans, and coordination.
• Consultant shall prepare monthly progress reports that shall provide current information regarding the project schedule complete/ upcoming deliverables, problems encountered that may affect the schedule, budget of work products and anticipated work items, and identify activities for the following month. • Consultant shall ensure compliance with current with applicable state and federal laws and regulations, and with any requirements from funding agencies.

2.2 - Data Collection and Analysis
• The Consultant shall research and review existing topographic mapping, 473

right-of- way maps, “as-built” plans, record maps, surveys, assessor maps, improvement plans, and other characteristics for the project. • Consultant shall conduct field reconnaissance within the project limits. • Consultant shall conduct field surveys that include collecting topographic information and locating and referencing existing City survey monumentation and adopting City basis of horizontal and vertical control. • Consultant shall identify required permits, prepare all permit applications, and assist the City with negotiations relative to permit conditions, if required.

Permit fees will be paid by the City.
• Consultant shall review and comply with existing City’s documents, including but not limited to: General Plan, Bicycle and Pedestrian Action Plan, Ferry to Bridge to Greenway Plan, Bicycle Master Plan, and Pedestrian Plan ADA Transition Plan.
• Consultant shall conduct a traffic study and obtain existing traffic, bicycle, pedestrian, and parking data for the area as necessary for design. • City staff will facilitate coordination between the consultant and the Richmond Fire Department, Police Department, and Emergency Services Manager to gather information and any existing policies or plans to understand current emergency and evacuation routes in the Point Richmond neighborhood. • Consultant shall pothole existing utilities to verify their locations/elevations working in coordination with the City. The plans shall illustrate existing structures, as well as rim and invert elevations for all underground utilities and facilities, poles, and wire heights for above ground utilities. • Consultant shall be responsible for obtaining utility as-built plans from various agencies and as identified in the plans. Consultant will prepare and transmit project notification to utilities with a request to identify existing and proposed facilities.

2.3 Public Outreach and Stakeholder Engagement
This project will include a robust public outreach and stakeholder engagement phase to accompany Data Collection and Analysis in order to ensure that the final design meets the goals of the Ferry to Bridge to Greenway Plan, while considering the diverse needs of project stakeholders. Stakeholders for this project include ( but are not limited to): Point Richmond residents , cyclists, transit riders, Downtown Point Richmond businesses, BNSF, the Richmond Fire and Police Departments, visitors to Point Richmond, AC Transit, and the Richmond Bicycle and Pedestrian Advisory Committee.

The goals of the outreach and engagement phase are as follows:
• Effectively inform and gather feedback from diverse stakeholders regarding proposed bicycle, pedestrian, and transit facilities. • Ensure that historically marginalized and vulnerable populations are prioritized for outreach and for project benefit.
• Maintain ongoing communication with stakeholders throughout the project to ensure continuous engagement and
responsiveness to emerging concerns or suggestions.
474

• Increase stakeholder understanding that the proposed
improvements build on the ongoing efforts of the City of Richmond and complement existing goals and policies.

The selected consultant team will partner with the City of Richmond to conduct outreac h. Outreach will include in -person and virtual community meetings, an online survey, and development of any collateral materials (flyers, emails) for spreading the word about the meetings, survey, and project. An anticipated 3 community meetings are expected for this project phase; however the proposer may include additional services suggesting additional components that may or may not include attending community events, corridor site walks or virtual workshops to engage community members in potential changes.

All outreach materials should be available in Spanish and English.

2.4 Permitting/ Environmental Services / CEQA & NEPA Support The consultant will provide environmental support and provide all necessary services to obtain any required CEQA/NEPA documentation. The consultant will provide all services necessary to obtain any permitting necessary from the California Public Utilities Commission and BNSF for any work within BNSF right of way.

2.5 Utility Coordination
The Consultant shall coordinate with City staff and utility agencies. Utility information (overhead and underground) must be included in the project base mapping. The consultant shall work with the City Staff, BNSF, and CPUC, and any other utilities located in the project area for design requirements for the Right-of-Way Phase (New Railroad Easement, Local Agency ROW Certification, Railroad ROW Certification, and GO-88 forms ) and C&M agreements.

2.6 Phasing and Funding
The consultant shall assist the City in determining options for construction phasing in order to deliver improvements and identify potential funding opportunities to complete construction.

2.7 Plans, Specifications, and Estimates
a. Design Criteria and Conceptual Design Plan
To support the project kick -off, Consultant shall prepare a project information package including a summary of Design Criteria, Conceptual Design plan, project photos. Consultant shall plan to participate in at least 2 field diagnostics/site reconnaissance meetings and provide team support by documenting and coordinating the agreed upon results and recommendations. The Consultant shall provide one set of full size, 24”x36”, plans in .pdf and CAD format. Conduct all analysis needed to complete the preliminary design recommendations for the project as reviewed and approved by the City staff. The analysis shall include, 475

but not be limited to, existing facilities condition and structure, analysis of traffic and pedestrian studies, underground/ aerial utility investigations, pavement investigation, geometric design, right-of-way analysis, curb ramp infrastructures, road signs. This will build off of previous concepts developed in the Richmond Ferry to Bridge to Greenway Plan.

b. 30% Preliminary Design Report and 30% Preliminary Design Submittal After the Diagnostic Meeting process concludes, the Consultant shall prepare a preliminary layout of the project limits. At a minimum, t he preliminary layout shall show pavement layout, right -of- way/easements, private properties, utilities, trees, sidewalk/pedestrian curb ramps, pavement striping, edge of pavement as applicable.

At this stage, the selected consultant should prepare options and recommendations for phasing implementation of certain scope elements or construction items to assist stakeholders and City leadership in decision-making if full construction funding is not awarded.

c. Project Plans, Specifications & Cost Estimate (60%, 90%, 100%) The Consultant shall provide one set of full size , 24”x36”, plans (in .pdf and CAD format), one set of specifications (in .pdf and .docx format) and the engineer’s estimate (in .pdf. and .xlsx format) at each design stage.

Consultant shall prepare detailed plans, technical specifications, and construction cost estimate (PS&E) for the Downtown Point Richmond Bicycle and Pedestrian Connectivity project. Consultant shall prepare plans that shall include but are not limited to Cover Sheet, Demolition Plans, Horizontal Control Plans, Grading and Drainage Plans, Improvement Plans, Signing and Striping Plans, Utility Plans, Civil Details Plans.

• Cover Sheet shall include , but are not limited to, location map, vicinity map, general notes, sheet index, City disclaimer and City Engineer signage block, submittal percentage, title block, Project title, and abbreviations.
• Demolition Plans shall include, but are not limited to, project limit of work, property limits, addresses, City and BNSF ROW, existing underground and aerial utilities, monuments, clear limit of removal, detailed notes, scale, north arrow, USA sign, legend, clear distinction of material removal.
• Horizontal Control Plans shall include , but are not limited to, property limits, addresses, City ROW and BNSF ROW , control points table, station lines, offsets, table of curves, survey notes, scale, north arrow, datum notes, survey statement, survey signature and stamp, abbreviations, and legend.
• Grading and Drainage Plans shall include, but are not limited to, project limit of work, existing underground utilities, property limits, addresses, 476

City ROW and BNSF ROW, proposed/ existing top of curb (TC) grades/ linework, proposed/ existing flow line (FL) grades/ linework, proposed/ existing gutter lip of gutter (GLIP) grades/ linework, proposed/ existing back of walk (BW) grades/ linework, match existing grades/ linework, conform grades/linework, difference between proposed GLIP to existing grade (cut/fill), slope arrows, cross slopes, layer type to differentiate existing and proposed grades, legend, scale, north arrow, USA sign, legend, and annotated dimensions.
• Improvement Plans shall include, but are not limited to, project limit of work, property limits, addresses, City ROW and BNSF right -of-way, proposed/existing linework (TC, FL, GLIP, BW, etc.), existing underground and aerial utilities, layer type to differentiate existing and proposed linework, legend, scale, north arrow, USA sign, legend, call outs (e.g. install, protect in place, adjust to grade, reference to detail number/sheet number, etc.), clear distinction of proposed improvements, and general notes.
• Signing and Striping Plans shall include, but are not limited to, project limit of work, existing underground and aerial utilities, property limits, addresses, City and BNSF ROW, proposed/ existing linework (TC, FL, GLIP, BW, etc .), layer type to differentiate existing and proposed line work, pavement striping for crosswalks, bicycles, and vehicles, legend, scale, north arrow, USA sign, legend, call outs, clear distinction of proposed improvements, and general notes.
• Utility Plans shall include , but are not limited to, project limit of work, existing underground utilities, pipe sizes, depths and pipe materials, utility boxes and appurtenances with elevation call outs as applicable, with clear distinction of proposed improvements, and general notes. • Civil Details Plans shall include but not limited to City standard detail s, Caltrans details, street cross sections, sign installation, pole foundations, and each curb ramp with grades.
• Cost estimate shall include but not limited to the bid items from the design plans, revised and adjusted after each submittal, and contingencies.
• Specifications shall include but not limited to technical specifications provided by the consultant in Word format and consultant shall compile City standard boil plate, standard contract, and other related City standard documents provided by the City in Word Format. • 60% PS&E – Consultant shall prepare the 60% PS&E based on 30% preliminary design with the coordinate of the City staff. Consultant shall be responsible for all Project Submittals, responses to City comments, and obtaining approvals.
• 90% PS&E – Consultant shall prepare the 90% PS&E based on comments made on 60% PS&E by the City and other Agencies.

Consultant shall be responsible for all Project Submittals, responses to City comments, and obtaining approvals.
• 100%/Final PS&E - Consultant shall prepare the 100% PS&E based on comments made on 90% PS&E by the City and other agencies. 477

2.8 General Order (GO 88-B)
This project includes crossing improvements in the Burlington Northern and Santa Fe Railway right-of-way, therefore, the selected consultant will need to support the City in getting permission for proposed improvements and to work in BNSF right of way. The Consultant will prepare and submit the GO 88- B Authorization Request to the CPUC following the GO 88-B authorization process. The Consultant will provide support to the City to obtain CPUC and BNSF approval of the project.

3. PROJECT GENERAL INFORMATION

RFP SCHEDULE
Date Activity

March 26, 2025 Release RFP
April 9, 2025 Final Day to Submit Questions (5:00 PM)
April 11, 2025 Responses to Questions posted on
BidsOnline
April 23, 2025 Proposal Due Date
May 2, 2025 Final Selection and Contract
Negotiations
June 17, 2025 Anticipated Award of Contract at City
Council
June 20, 2025 Anticipated Notice to Proceed

3.1 Proposal format guidelines

The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project. The proposal shall be limited to 20 - sided pages (8.5 inches x 11 inches), inclusive of graphics, forms, pictures, photographs, dividers, etcetera, but not of cost proposal, resumes, required forms, certifications, front and back covers, or letters of commitment from sub- consultants.

The required font size is 12 point, with minimum left and right margins of one inch, and top and bottom margins of 0.7 inches.

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

478

A. Consultant Cover Letter
A cover letter, not to exceed two pages in length, should summarize key elements of the proposal and shall:
• Confirm that all elements of this RFP have been reviewed and understood;
• Include a statement of intent to perform the services as outlined; • Express company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, and insurance requirements
• Include a description and brief history of the company’s experiences, qualifications, and successes in providing Engineering & Design services described herein. Please indicate the number of employees, client base and location of offices.
• Indicate the address and telephone number of the Consultant’s office located nearest to Richmond, California, and the office from which the project will be managed.
• Confirm that Consultant has a minimum of three (3) years Engineering and Design experience.
• Stipulate that the proposal price will be valid for a period of at least 180 days.
• Identify a single person for contact during the RFP review process; and • Cover letter shall be signed by an authorized official of the company.

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

C. Methodology Section
Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services of this RFP. The Methodology Section should include:
1) An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.
2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Services" section.
3) Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion. 4) Detailed description of specific tasks you will require from City staff.

Explain what the respective roles of City staff and your staff would be to 479

complete the tasks specified in the Scope of Services.

D. Staffing
Describe proposed Project team organization, including identification and responsibilities of key personnel. Indicate role and responsibility of prime consultants and all sub-consultants. If applicable, indicate how local firms are being utilized to ensure a strong understanding of state and local laws, ordinances, regulations, policies, requirements, and permitting. Indicate the extent of the commitment of key personnel for the duration of the Project and furnish resumes of key personnel. Provide an indication of the staffing level for the Project. The City of Richmond’s evaluation of the proposal will consider the proposer’s entire team; therefore, no changes in the team c omposition will be allowed without prior written approval of the City of Richmond. Sub -consultant letters of commitment are required and must be submitted with the proposal.

Describe the experience of the proposer’s Project team in detail, including the team’s Project Manager, and other key staff members, on projects of similar size, capacity, and dollar value. For each similar project, include the client’s name and correct telephone number. It is the City of Richmond ’s policy to interview proposers’ references as well as references identified by the City of Richmond.

E. Qualifications
The information requested in this section should describe the qualifications of the firm, key staff and sub‐contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:
1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of service. 2) A summary of your firm’s demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal.
3) Provide at least three (3) references that received similar services from your firm. The City of Richmond reserves the right to contact any of the organizations or individuals listed. Information provided shall include:

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

F. Cost Information
Provide the total direct and indirect costs to complete all tasks identified in the scope of services. Even if the method of payment to proposer will be fixed fee, a detailed cost breakdown shall be provided identifying: (1) the number of staff hours and hourly rates for each professional and administrative staff person who will be committed to this Project; (2) all other direct costs, such as materials 480

and reproduction costs; and (3) sub-consultant services, if needed. These rates will also be used to negotiate rates for other projects (including optional tasks) that may be assigned. No additional funds will be paid above and beyond the original quote given by the selected Vendor.

Proposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the City of Richmond.

G. Value Added Services
Please provide any additional services of benefit not specifically required herein, which the Proposer offers to provide.

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

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

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

Exceptions will be considered during the proposal evaluation process.

K. Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased approach on the part of the proposer’s team. This proposal shall include a statement declaring that the proposer’s and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, proposer is required to disclose any 481

pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.

4. PROCESS FOR SUBMITTING PROPOSALS
Questions Concerning Request for Proposals
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST, on April 9, 2025. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by April 11, 2025. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.

Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.

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

Submission of Proposals
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.

Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website.

Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e- bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

The proposal must be received no later than 5:00 p.m., local time, on April 23, 2025.

The City of Richmond reserves the right to waive inconsequential irregularities.

GENERAL GUIDELINES
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to 482

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

The City reserves the right to:

1. Reject any or all proposals.

2. Issue subsequent Requests for Proposal.

3. Postpone opening for its own convenience.

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

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

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

7. Select one or more Respondents.

8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in proposals.

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

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

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

Compliance with City Ordinances
The Contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance ( Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance, Local 483

Employment Program Ordinance, Living Wage Ordinance and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”), which are incorporated into the Contract Documents by this reference.

Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance N o. 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”). Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal.

Limited Liability Company Disclosure Statement (LLCS)
Resolution No. 86- 21, approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal

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

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

Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights, or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.

5. PROPOSAL EVALUATION AND SELECTION PROCESS

484

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

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

Proposal/Methodology and Approach to Work 25%
Experience/Past Performance/References 25%
Project Team 25%
Proposer Qualifications 25%

Proposal/Methodology and Approach to Work – 25%

The proposer’s responsiveness to the RFP including completeness and thoroughness of proposal; all required information must be provided in the format specified. This category will also evaluate:

• Ability to provide services as outlined in the RFP.
• Approach and proposed methodology to project scope.
• Demonstrated knowledge of the work required.
• Explanation of the Project or services required.
• Innovative approaches and internal measures for timely completion of Project.

Experience/Past Performance/References – 25%
Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFP; number of years of experience in performing similar work.

Project Team – 25%
485

Respondent should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude. This category will evaluate the firm’s:

• Qualifications and relevant individual experience
• Unique qualification of key personnel
• Staff Availability / Time commitment of key members
• Organization chart

Proposer Qualifications – 25%
This category will evaluate the respondent ’s ability to take upon itself the responsibilities set forth in the Scope of Services and produce the required outcome in a timely manner. Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpose, scope and objective of the services to be performed. It is the intention of th e City of Richmond to award a contract to the Respondent who furnishes satisfactory evidence that the Respondent has the requisite experience and ability to enable the Respondent to execute the work successfully and properly, and to complete servic es in a timely manner. To determine the degree of responsibility to be credited to the Respondent, the City of Richmond will weigh the evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.

Pre-Award Negotiations
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondent for purposes of:

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

If the City cannot successfully negotiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent.

Selection may be made without further discussion, negotiations or presentations; therefore, respondent shall offer the most favorable terms in response to this RFP.

Respondent must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Respondent shall include information that will enable the City to determine the Respondent’ s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.

486

Award - When the evaluation committee has completed its work, City staff will then make a recommendation to City Council to award a contract for Engineering & Design Services for the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project. The services provided by the successful Proposer shall be governed by a Standard Services Agreement (Attachment A).

Exhibits and Attachments

• Exhibit 1.1 Downtown Point Richmond Bicycle and Pedestrian Connectivity Project - Conceptual Illustration of Proposed Improvements • Attachment A: City of Richmond Standard Services Agreement • Attachment B: City of Richmond Insurance Requirements • Attachment C: Sanctuary City Compliance Statement
• Attachment D: Sanctuary City Contracting Ordinance 12-18 • Attachment E: Approved Resolution 86-21-LLC Compliance • Attachment F: Disclosure Statement for LLC

487

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.

Public Works
Janney Lockman
[email protected]
(510) 307-8097
14077
Engineering & Design Services for the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project
CSW-ST2
121 Park Place
Richmond, CA 94801
Robert Stevens
(415) 533-1864
[email protected]
4005-9351
August 26, 2025
December 31, 2027
254,665.00
488

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

CSW-ST2
489
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]:

CSW-ST2
490
Scope of Work
The Scope of Work required includes the preparation of engineering studies and construction documents including detailed plans, specifications, and cost estimate (PS&E). The design must conform to all laws, ordinances, and codes, including the latest ADA regulations, City of Richmond’s Standard Specifications and Details (if applicable) and the latest CA -MUTCD Manual. All work products shall become the property of the City and be submitted to the City for review. The Consultant shall submit at a minimum the following design submittals: Conceptual Design, 30% Preliminary Design, 60% PS&E, 90% PS&E, and 100% Final PS&E.

2.1 Project Management

• Consultant shall manage and coordinate a kick-off meeting with City Staff within 10 days after contract execution to discuss the project goals, scope, schedule, introduction of the project team, and request any required existing conditions information that the City may have.
• Consultant shall manage, coordinate monthly meetings with City Staff.

Consultant shall set monthly ongoing meetings and distribute agendas, lead monthly meetings, prepare, and distribute meeting minutes, and responsibility matrix after each meeting to all project team members.
• In addition to monthly coordination meetings, consultant shall schedule, attend, and conduct at a minimum, four additional meetings to review design submittals as follows through the duration of the project: Conceptual design, 30% preliminary design report, 60% PSE & 90% PSE.
• Consultant shall coordinate with City staff, Caltrans, other applicable regulatory agencies, and other entities as required to complete the scope of work described herein.
• Consultant shall prepare and update a project schedule with tasks and milestones. Project schedule should be updated with each milestone, or any changes that would result in a change of schedule of more than two weeks.

Consultant shall break down the schedule by logistical tasks consistent with the scope of work and with enough detail to track project progress. The schedule must reflect realistic estimates of review periods by City staff for tasks, such as reports, plans, and coordination.
• Consultant shall prepare monthly progress reports that shall provide current information regarding the project schedule complete/ upcoming deliverables, problems encountered that may affect the schedule, budget of work products and anticipated work items, and identify activities for the following month. • Consultant shall ensure compliance with current with applicable state and federal laws and regulations, and with any requirements from funding agencies.

2.2 - Data Collection and Analysis
• The Consultant shall research and review existing topographic mapping, right-of- way maps, “as-built” plans, record maps, surveys, assessor maps, improvement plans, and other characteristics for the project.
491
• Consultant shall conduct field reconnaissance within the project limits. • Consultant shall conduct field surveys that include collecting topographic information and locating and referencing existing City survey monumentation and adopting City basis of horizontal and vertical control. • Consultant shall identify required permits, prepare all permit applications, and assist the City with negotiations relative to permit conditions, if required. Permit fees will be paid by the City.
• Consultant shall review and comply with existing City’s documents, including but not limited to: General Plan, Bicycle and Pedestrian Action Plan, Ferry to Bridge to Greenway Plan, Bicycle Master Plan, and Pedestrian Plan ADA Transition Plan.
• Consultant shall conduct a traffic study and obtain existing traffic, bicycle, pedestrian, and parking data for the area as necessary for design. • City staff will facilitate coordination between the consultant and the Richmond Fire Department, Police Department, and Emergency Services Manager to gather information and any existing policies or plans to understand current emergency and evacuation routes in the Point Richmond neighborhood. • Consultant shall pothole existing utilities to verify their locations/elevations working in coordination with the City. The plans shall illustrate existing structures, as well as rim and invert elevations for all underground utilities and facilities, poles, and wire heights for above ground utilities.
• Consultant shall be responsible for obtaining utility as-built plans from various agencies and as identified in the plans. Consultant will prepare and transmit project notification to utilities with a request to identify existing and proposed facilities.

2.3 Public Outreach and Stakeholder Engagement
This project will include a robust public outreach and stakeholder engagement phase to accompany Data Collection and Analysis in order to ensure that the final design meets the goals of the Ferry to Bridge to Greenway Plan, while considering the diverse needs of project stakeholders. Stakeholders for this project include (but are not limited to) :

Point Richmond residents , cyclists, transit riders, Downtown Point Richmond businesses, BNSF, the Richmond Fire and Police Departments, visitors to Point Richmond, AC Transit, and the Richmond Bicycle and Pedestrian Advisory Committee.

The goals of the outreach and engagement phase are as follows:
• Effectively inform and gather feedback from diverse stakeholders regarding proposed bicycle, pedestrian, and transit facilities. • Ensure that historically marginalized and vulnerable populations are prioritized for outreach and for project benefit.
• Maintain ongoing communication with stakeholders throughout the project to ensure continuous engagement and responsiveness to emerging concerns or suggestions.
492
• Increase stakeholder understanding that the proposed
improvements build on the ongoing efforts of the City of Richmond and complement existing goals and policies.

The selected consultant team will partner with the City of Richmond to conduct outreach. Outreach will include in- person and virtual community meetings, an online survey, and development of any collateral materials (flyers, emails) for spreading the word about the meetings, survey, and project. An anticipated 3 community meetings are expected for this project phase; however the proposer may include additional services suggesting additional components that may or may not include attending community events, corridor site walks or virtual workshops to engage community members in potential changes.

All outreach materials should be available in Spanish and English.

2.4 Permitting/ Environmental Services / CEQA & NEPA Support The consultant will provide environmental support and provide all necessary services to obtain any required CEQA/ NEPA documentation. The consultant will provide all services necessary to obtain any permitting necessary from the California Public Utilities Commission and BNSF for any work within BNSF right of way.

2.5 Utility Coordination
The Consultant shall coordinate with City staff and utility agencies. Utility information (overhead and underground) must be included in the project base mapping. The consultant shall work with the City Staff, BNSF, and CPUC, and any other utilities located in the project area for design requirements for the Right-of- Way Phase (New Railroad Easement, Local Agency ROW Certification, Railroad ROW Certification, and GO-88 forms) and C&M agreements.

2.6 Phasing and Funding
The consultant shall assist the City in determining options for construction phasing in order to deliver improvements and identify potential funding opportunities to complete construction.

2.7 Plans, Specifications, and Estimates
a. Design Criteria and Conceptual Design Plan
To support the project kick -off, Consultant shall prepare a project information package including a summary of Design Criteria, Conceptual Design plan, project photos. Consultant shall plan to participate in at least 2 field diagnostics/site reconnaissance meetings and provide team support by documenting and coordinating the agreed upon results and recommendations. The Consultant shall provide one set of full size, 24”x36”, plans in .pdf and CAD format . Conduct all analysis needed to complete the preliminary design recommendations for the project as reviewed and approved by the City staff. The analysis shall include, but 493
not be limited to, existing facilities condition and structure, analysis of traffic and pedestrian studies, underground/ aerial utility investigations, pavement investigation, geometric design, right-of-way analysis, curb ramp infrastructures, road signs. This will build off of previous concepts developed in the Richmond Ferry to Bridge to Greenway Plan.

b. 30% Preliminary Design Report and 30% Preliminary Design Submittal After the Diagnostic Meeting process concludes, the Consultant shall prepare a preliminary layout of the project limits. At a minimum, the preliminary layout shall show pavement layout, right -of- way/easements, private properties, utilities, trees, sidewalk/pedestrian curb ramps, pavement striping, edge of pavement as applicable.

At this stage, the selected consultant should prepare options and recommendations for phasing implementation of certain scope elements or construction items to assist stakeholders and City leadership in decision- making if full construction funding is not awarded.

c. Project Plans, Specifications & Cost Estimate (60%, 90%, 100%) The Consultant shall provide one set of full size, 24”x36”, plans (in .pdf and CAD format), one set of specifications (in .pdf and .docx format ) and the engineer’s estimate (in .pdf. and .xlsx format ) at each design stage.

Consultant shall prepare detailed plans, technical specifications, and construction cost estimate (PS&E) for the Downtown Point Richmond Bicycle and Pedestrian Connectivity project. Consultant shall prepare plans that shall include but are not limited to Cover Sheet, Demolition Plans, Horizontal Control Plans, Grading and Drainage Plans, Improvement Plans, Signing and Striping Plans, Utility Plans, Civil Details Plans.

• Cover Sheet shall include, but are not limited to, location map, vicinity map, general notes, sheet index, City disclaimer and City Engineer signage block, submittal percentage, title block, Project title, and abbreviations. • Demolition Plans shall include, but are not limited to, project limit of work, property limits, addresses, City and BNSF ROW, existing underground and aerial utilities, monuments, clear limit of removal, detailed notes, scale, north arrow, USA sign, legend, clear distinction of material removal. • Horizontal Control Plans shall include, but are not limited to, property limits, addresses, City ROW and BNSF ROW , control points table, station lines, offsets, table of curves, survey notes, scale, north arrow, datum notes, survey statement, survey signature and stamp, abbreviations, and legend. • Grading and Drainage Plans shall include, but are not limited to, project limit of work, existing underground utilities, property limits, addresses, City ROW and BNSF ROW , proposed/ existing top of curb (TC) grades/ linework, proposed/ existing flow line (FL) grades/ linework, proposed/ existing gutter lip of gutter (GLIP) grades/ linework, proposed/ existing back of walk (BW) 494
grades/ linework, match existing grades/ linework, conform grades/linework, difference between proposed GLIP to existing grade (cut/fill), slope arrows, cross slopes, layer type to differentiate existing and proposed grades, legend, scale, north arrow, USA sign, legend, and annotated dimensions. • Improvement Plans shall include, but are not limited to, project limit of work, property limits, addresses, City ROW and BNSF right -of-way, proposed/existing linework (TC, FL, GLIP, BW, etc.), existing underground and aerial utilities, layer type to differentiate existing and proposed linework, legend, scale, north arrow, USA sign, legend, call outs (e.g. install, protect in place, adjust to grade, reference to detail number/sheet number, etc.), clear distinction of proposed improvements, and general notes. • Signing and Striping Plans shall include, but are not limited to, project limit of work, existing underground and aerial utilities, property limits, addresses, City and BNSF ROW, proposed/ existing linework (TC, FL, GLIP, BW, etc.), layer type to differentiate existing and proposed line work, pavement striping for crosswalks, bicycles, and vehicles, legend, scale, north arrow, USA sign, legend, call outs, clear distinction of proposed improvements, and general notes.
• Utility Plans shall include, but are not limited to, project limit of work, existing underground utilities, pipe sizes, depths and pipe materials, utility boxes and appurtenances with elevation call outs as applicable, with clear distinction of proposed improvements, and general notes.
• Civil Details Plans shall include but not limited to City standard detail s, Caltrans details, street cross sections, sign installation, pole foundations, and each curb ramp with grades.
• Cost estimate shall include but not limited to the bid items from the design plans, revised and adjusted after each submittal, and contingencies. • Specifications shall include but not limited to technical specifications provided by the consultant in Word format and consultant shall compile City standard boil plate, standard contract, and other related City standard documents provided by the City in Word Format.
• 60% PS&E – Consultant shall prepare the 60% PS&E based on 30% preliminary design with the coordinate of the City staff. Consultant shall be responsible for all Project Submittals, responses to City comments, and obtaining approvals.
• 90% PS&E – Consultant shall prepare the 90% PS&E based on comments made on 60% PS&E by the City and other Agencies.

Consultant shall be responsible for all Project Submittals, responses to City comments, and obtaining approvals.
• 100%/Final PS&E - Consultant shall prepare the 100% PS&E based on comments made on 90% PS&E by the City and other agencies.

2.8 General Order (GO 88-B)
This project includes crossing improvements in the Burlington Northern and Santa Fe Railway right-of-way, therefore, the selected consultant will need to support the City in 495
getting permission for proposed improvements and to work in BNSF right of way. The Consultant will prepare and submit the GO 88- B Authorization Request to the CPUC following the GO 88-B authorization process. The Consultant will provide support to the City to obtain CPUC and BNSF approval of the project.

496
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.

Janney Lockman
Janney Lockman
CSW-ST2
497
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: ________________________________________________ Janney Lockman
[email protected]
CSW-ST2
CSW-ST2
121 Park Place
Richmond, CA 94801
[email protected]
Robert Stevens
498
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, CSW-ST2
499
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.

CSW-ST2
500
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 CSW-ST2
501
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 CSW-ST2
502
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 CSW-ST2
503
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.

CSW-ST2
504
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 CSW-ST2
505
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, CSW-ST2
506
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.

CSW-ST2
507
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”):

CSW-ST2
NONE
508
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
CSW-ST2
509
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)
CSW-ST2
510
___ 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.
511
___ 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.

512
___ 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.

513
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:

CSW-ST2
514

Reso. No. XX-25