Cities Index.
Agenda

Richmond City Council
January 6, 2026

Document
Agenda
Meeting
January 6, 2026
Body
Richmond City Council
Pages
90
Original file
197.0 MB
Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

PLEASE NOTE: HYBRID MEETING FORMAT

- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, January 6, 2026, 5:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:

Eduardo Martinez, Mayor at Large
Jamelia Brown, Councilmember District 1
Cesar Zepeda, Vice Mayor, District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Sue Wilson, Councilmember District 5
Claudia Jimenez, Councilmember District 6
NOTICE: MASKS ARE STRONGLY ENCOURAGED!!

***REGISTER TO VOTE HERE!!***
https://registertovote.ca.gov/
The last day to register to vote for the June 2, 2026, Primary Election is May 18, 2026 The last day to register to vote for the November 3, 2026, General Election is October 19, 2026 Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings

Register to receive notification of new agendas, etc.
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HOW TO WATCH THE MEETING FROM HOME:

KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.

Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.

HOW TO SUBMIT PUBLIC COMMENTS:

In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

Via Zoom: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must raise their hand once public comment is open. The public speakers attending in person will be called first, followed by Zoom participants. Only those public speakers that have their hand raised once the speakers are called will be recognized.

Open Session and City Council: Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09

Passcode: ccmeeting

By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592

Webinar ID: 993 1220 5643

International numbers available: https://zoom.us/u/aehrwCgISx

To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. **

To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. **

**The mayor will announce the agenda item number and open public comment when appropriate.

Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

1-6-26 - City Council Meeting
2 Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

Via email: to [email protected] by 1:00 p.m. the day of the meeting.

Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number].

Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31

The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting). The procedures for discussion do not apply to items sponsored by the mayor or councilmembers.

Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.

The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone 1-6-26 - City Council Meeting
3 number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).

Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.

Pages
1-6-26 - City Council Meeting
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 5:00 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
Claimant: Allwyn Brown
Agency Against: City of Richmond
•
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor, Jack Hughes, and Lisa Charbonneau
Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)

One case•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 1-6-26 - City Council Meeting
5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:00 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. ELECTION OF THE NEW VICE MAYOR FOR 2026
K. AGENDA REVIEW
L. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
M. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M.1 NEW EMPLOYEE REPORT - 1st Tuesday
N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
O.1 City Manager's Office
O.1.a Contract Amendment No. with Folger Graphics and Justine Page Design for Design and Printing Services
10 APPROVE contract amendment No. 1 with Justin Page Design Co. increasing the payment limit by $10,000 for a total payment of $20,000, and APPROVE contract amendment No. 1 with Folger Graphics increasing the payment limit by $100,000, for a total payment limit of $235,000, and expanding each contractor’s scope to allow for additional work on City-wide related projects and APPROPRIATE $110,000 to support these services - City Manager’s Office (Patrick Seals/Abdul Black 510-307-8016).

O.1.b Formation of the Black Resiliency Project Community Advisory Committee
62 ADOPT a resolution authorizing the creation of the Black Resiliency Project Community Advisory Committee (CAC) and approving its purpose, duties, membership and composition, terms of service, meeting procedures, conflict-of-interest requirements, and dissolution parameters – City Manager’s Office (Lashonda White 510-620- 6828/Yahna Williamson 510-650-6574).
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6 O.2 Community Development
O.2.a On-Call Financial and Economic Analyses Services 69 ADOPT a resolution authorizing contracts for on-call financial and economic analyses services, for an amount not to exceed $500,000 per vendor for a three-year term, with an option to extend the contract term for up to two, one-year extensions, to provide services for several departments, including Community Development, Economic Development, Finance, Port of Richmond, and Richmond Housing Authority – Community Development Department (Lina
Velasco/Jesus M. Morales 510-620-6706).

O.3 Economic Development
O.3.a Contract with Liftech Consultants, Inc. for Planning and Design Services for the Relocation of the SS Red Oak Victory
93 APPROVE a contract with Liftech Consultants Inc. in the amount of $299,797 for planning and preliminary design of the relocation of the Red Oak for a term ending June 30, 2027 - Economic Development Department/Port (Charles Gerard 510-620-6792). This item was continued from the December 16, 2025, meeting.

O.3.b Contracts with Hungry Ghost Productions and Debra Koppman for Public Art Mural and Mosaic Tile Project
191
APPROVE two contracts with (1) Hungry Ghost Productions for the design, fabrication, and installation of a mural in an amount not to exceed $210,000; and (2) Debra Koppman for the design, fabrication, and installation of mosaic tabletops in an amount not to exceed $40,000 for work associated with the Allen Brothers Steak and Seafood Facility Public Art Project, funded by private developer arts contributions, for terms beginning January 1, 2026, through December 31, 2026 – Economic Development Department/Arts & Culture (Nannette J. Beacham 510-621-1306/Jordon Nesbitt 510- 620-6787).
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7 O.4 Fire Department
O.4.a Contract With Jet Dock Systems, Inc. for the Repair and Maintenance of the Fire Department’s Boat Lift
296
APPROVE a sole-source contract with Jet Dock Systems, Inc. in an amount not to exceed $100,000, for a three-year contract term effective January 1, 2026, through January 1, 2029, with two one- year extension options not to exceed an additional $20,000 per year – Fire Department (Chief Aaron Osorio 510-307-8021/Deputy Fire Chief Rico Rincon 510-307-8041/Battalion Chief Michael Velazquez 510-620-6989).

O.5 Library and Community Services
O.5.a Environmental & Community Investment Agreement (ECIA) Grant Category 3 Grant Awards Fiscal Year 2025-2026
334
ADOPT a resolution approving the recommendations from the Environmental & Community Investment Agreement (ECIA) Ad Hoc Committee to award Fiscal Year 2025–2026 Category 3 grants to five (5) organizations in a total amount not to exceed $50,000; and AUTHORIZE the city manager or their designee to negotiate and execute Grant Service Agreements – City Manager’s Office (Patrick Seals/Jora Atienza Washington/Nicholas Delgado 510-620-6512).

O.5.b Contract with LCPtracker for Software Support for Labor Compliance Monitoring System
358
APPROVE a sole-source contract with LCP Tracker, a web-based labor compliance monitoring system to track compliance with City of Richmond’s Local Employment Program Ordinance and Business Opportunity Ordinance, for a payment limit of $27,999 with a term beginning March 5, 2025, and ending March 4, 2026 – Community Services Department/Employment & Training (Tamara Walker 510- 307-8006/LaShonda White 510-620-6828).

O.6 Police Department
O.6.a Contracts with Oliver’s Tow Inc., Civic Center Auto Care, Certified Towing, Checker’s Towing, and Bay Area Tow Inc. for City-wide Tow Services
401
APPROVE three-year contracts with Oliver’s Tow Inc., Civic Center Auto Care, Certified Towing, Checker’s Towing, and Bay Area Tow Inc. for City-wide rotational tow and automotive services in an amount not to exceed $50,000 per vendor per year up to $250,000 annually, with a term from January 1, 2026, to December 31, 2028, with one two-year option for each vendor to renew the contract up to $100,000 per vendor, for a total contract amount not to exceed $250,000 per vendor – Police Department (Assistant Chief Timothy Simmons 510- 621-1802/Tawfic Halaby 510-620-5482).
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8 O.7 Public Works
O.7.a Construction Agreement with Bauman Landscape and Construction Inc. for the 13th Street Complete Street Project
725
ADOPT a resolution to APPROVE a construction agreement with Bauman Landscape and Construction Inc. for the 13th Street Complete Street Project in an amount not to exceed $3,993,481.50 with an additional construction contingency in the amount of $400,000 (10%) and AUTHORIZE the director of public works to approve change orders within this contingency amount for a total not- to-exceed contract amount of $4,393,481.50 - Public Works Department (Hillal Hamdan 621-1612/Robert Armijo 620-5477).

P. NEW BUSINESS
P.1 Port of Richmond Enterprise Fund Financial Overview Report 755 RECEIVE the Port of Richmond Financial Report and presentation, which provides an overview of Port revenue sources, tariff structures, and funding mechanisms for larger infrastructure projects – Economic Development Department/Port (Charles Gerard 510-620-6792/Rita Martinez 510-621-1546).

This item was continued from the December 16, 2025, meeting.

P.2 Evaluation Report by WestEd on the Richmond Fund for Children & Youth 776 RECEIVE the WestEd evaluation report, a third-party external evaluator, assessing the impact of the Richmond Fund for Children & Youth grant programs from Fiscal Years 2021–2024 – Richmond Department of Children & Youth (Patrick Seals/LaShonda White 510-307-8016). This item was continued from the December 16, 2025, meeting.

P.3 Develop an Ordinance Requiring All Homeowners Association Located in Very High, High, or Moderate Fire Hazard Severity Zone Areas to Adopt Architectural Design Guidelines for Non-Combustible Fences and Gates 889
DIRECT staff to study California Assembly Bill 3074 and Senate Bill 504 (2024) that establishes an ember resistant "Zone Zero" and return to City Council within 60 days with a draft ordinance for the Council to review and consider for adoption - Councilmember Soheila Bana (510-672-3490)/Vice Mayor Cesar Zepeda (510-620-6593).

Q. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) R. ADJOURNMENT
________________________
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9

Page 1 of 3 ends

January 6, 2026

City Manager's Office

DATE: January 6, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
Patrick Seals, Administrative Chief
Irene Lozano, Executive Assistant to the City Manager
Abdul Black, Community Services Technician
Subject:

Contract Amendment No. with Folger Graphics and
Justine Page Design for Design and Printing Services
FINANCIAL IMPACT: The proposed $10,000 for the contract increase to Justin Page Design Co. and $100,000 contract increase to
Folger Graphics necessitate an appropriation totaling
$110,000 in the Fiscal Year 2025-26 City Manager’s
Office (Account String: 01131013 - 400201).

PREVIOUS COUNCIL
ACTION:

July 2, 2024

STATEMENT OF THE
ISSUE:

In June 2024, the City entered into a contract with Folger Graphics to provide printing services exclusively for the Recreation Department’s seasonal Activity Guides,
allocating $45,000 per fiscal year (FY 2024–25 through
FY 2026–27) for a total contract amount of $135,000. In addition, on July 1, 2025, the City executed a contract with Justin Page Design Co. for $10,000, limited solely to design services for a single project. As the City increases its commitment to strengthening community engagement
and improving accessibility of information, it has become necessary to expand the scope and funding of these
existing contracts. By increasing the contract amounts
and allowing broader use of both vendors (including
Spanish translation services and expanded design
support) the City will enable all departments to access AGENDA
REPORT
10

Page 2 of 3 ends

January 6, 2026
reliable, high-quality communication resources without
undergoing repetitive and time-consuming procurement
processes.

RECOMMENDED ACTION: APPROVE contract amendment No. 1 with Justin Page Design Co. increasing the payment limit by $10,000 for a total payment of $20,000, and APPROVE contract
amendment No. 1 with Folger Graphics increasing the
payment limit by $100,000, for a total payment limit of $235,000, and expanding each contractor’s scope to
allow for additional work on City-wide related projects and APPROPRIATE $110,000 to support these services
- City Manager’s Office (Patrick Seals/Abdul Black 510- 307-8016).

DISCUSSION:

Background
The City of Richmond continues to prioritize expanding community engagement and improving the accessibility and consistency of its public communications. Historically, City departments have contracted separately for printing, design, and translation services, which often results in duplicated administrative work, slower production timelines, and inconsistent branding across outreach materials.

On July 2, 2024, the City Council approved a contract with Folger Graphics to print the Recreation Department’s Activity Guides, allocating $45,000 annually for three fiscal years for a total contract amount of $135,000 (Attachment 1). Prior to award, staff completed a formal solicitation process, and the scope of the contract was intentionally limited to Recreation Department print materials.

Separately, on July 1, 2025, the City entered into a contract with Justin Page Design Co. for $10,000, strictly for design services on a single project (Attachment 2). The contract did not include bilingual production support, Spanish translation integration, or the ability to provide design services to other departments.

As communication needs across the City have expanded, these limited scopes no longer meet the City’s broader outreach goals.

Analysis
Expanding the scope and funding of both contracts will significantly improve the City’s ability to communicate effectively and equitably with residents. As community engagement needs continue to grow, City departments increasingly require timely production of multilingual and accessible materials for public distribution. Allowing departments to utilize vendors already under contract, rather than initiating new procurements for each project, will reduce administrative delays and streamline the delivery of public information. In addition, expanding Justin Page Design Co.’s contract 11

Page 3 of 3 ends

January 6, 2026
to include Spanish translation coordination and broader design services will enhance the City’s ability to reach its multilingual population and ensure materials are culturally and linguistically appropriate. Broadening the Folger Graphics contract will similarly allow the City to maintain consistency in print quality and branding across departments, reinforcing a cohesive public identity.

Both vendors have demonstrated reliability and a clear understanding of City standards, making them well suited to support an increased workload. These contract amendments represent an efficient, coordinated approach to improving Citywide communications, strengthening public outreach, and ensuring residents receive accurate and accessible information in a timely manner.

City staff recommend approval of contract amendment no. 1 with both Justin Page Design Co., increasing the payment limit by $10,000, and contract amendment no. 1 with Folger Graphics, increasing the payment limit by $100,000 (Attachments 3 and 4).

Both amendments will expand each contractor’s scope to allow for additional work on Citywide projects, supporting continued delivery of design and graphics services across the City.

Next Steps
Upon City Council approval of the contract amendments, staff will execute the updated agreements with Folger Graphics and Justin Page Design Co. The City Manager’s Office will then finalize the design, translation, layout, and printing schedule for the 2025 Yearly Accomplishments Pamphlet. Staff will coordinate with both contractors to ensure timely production and delivery, followed by citywide distribution through community centers, libraries, partner organizations, and other public locations. The Project is expected to be complete by the end of January 2026. Additional departmental print and design requests will be managed as needed under the expanded contract scopes.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract: Folger Graphics
Attachment 2 – Original Contract: Justine Page Design
Attachment 3 – Amendment No. 1: Folger Graphics
Attachment 4 – Amendment No. 1: Justine Page Design

12 CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: 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 $45,0 FY 25-26 total compensation shall not exceed $45,000.00 FY 26-27 total compensation shall not exceed $45,000.00

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 Exhibit A: Service Plan which is attached hereto and incorporated herein.
7073
X
40003596
135,000.00
June 30, 2027
July 1, 2024
[email protected]
(510) 887-5656
Kirk Folger
Hayward, CA. 94545
21093 Forbes Ave
FolgerGraphics, Inc
Print the Summer edition of the bilingual Activity Guide for Community Services-Recreation 383
(510) 620-6796
[email protected]
Angelica Howay
Community Services-Recreation
Docusign Envelope ID: E2B9BBD6-6DA7-4FCC-BB30-72C49C2E2BB7 13 5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.

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

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

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

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

10. 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:

Title By:

I hereby certify that this Contract Title:
has been approved by City Council
or the City Manager. Date Signed:

By:

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

By:

By: Title:

City Attorney
Date Signed:

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
FolgerGraphics, Inc
Docusign Envelope ID: E2B9BBD6-6DA7-4FCC-BB30-72C49C2E2BB7 7/10/2024
VP of Sales
General Manager
7/10/2024
Mayor
14 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]:
7073

1. The Contractor shall print enough copies of each edition of the Activity Guides to be mailed to Richmond Residents.

2. Two editions of the Activity Guides are printed each fiscal year: Winter/Fall and Spring/Summer.

3.The Activity Guides are bi-lingual (English and Spanish), with 22 inside pages in English, and 22 inside pages in Spanish.

4. The inside pages should be E-Star quality paper

5. The pages will be all color and be in CMYK format.

6. The cover will be 4 cover pages of 70# gloss.

7. The finishing includes stitch and trim.

8. The Contractor will be responsible for delivering the finished product to the Post Office located at 2100 Chanslor Avenue, Richmond, CA 94801
Pursuant to Quote attached hereto and incorporated herein by this reference, Contractor shall:

FolgerGraphics, Inc
Docusign Envelope ID: E2B9BBD6-6DA7-4FCC-BB30-72C49C2E2BB7 15 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, photo copying, meals and travel, etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
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: $QJHOLFD+RZD\
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, $QJHOLFD+RZD\Eefore payments shall be authorized.

4. 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.

5. 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.

6. 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. 7073
FolgerGraphics, Inc
Docusign Envelope ID: E2B9BBD6-6DA7-4FCC-BB30-72C49C2E2BB7 16 Contract No: For the Contract between the City of
Richmond and )ROJHU*UDSKLFV,QF

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; (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
–
Richmond, CA 94804
Email: ______________________________________________________

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

Business Name
Street Address
City, State Zip
Email: ______________________________________________________ 7073
[email protected]
Hayward, CA. 94545
21093 Forbes Ave
FolgerGraphics, Inc
Kirk Folger
[email protected]
3230 Macdonald Ave.

Community Services-Recreation
Angelica Howay
Docusign Envelope ID: E2B9BBD6-6DA7-4FCC-BB30-72C49C2E2BB7 17 Contract No: For the Contract between the City of
Richmond and

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

C o n t r a c t o r h e r e b y d e c l a r e s t h a t C o n t r a c t o r i s e n g a g e d a s a n i n d e p e n d e n t b u s i n e s s a n d C o n t r a c t o r a g r e e s t o p e r f o r m t h e s e r v i c e s a s a n i n d e p e n d e n t c o n t r a c t o r . T h e m a n n e r a n d m e a n s of c o n d u c t i n g t h e s e r v i c e s a n d t a s k s a r e u n d e r t h e c o n t r o l o f C o n t r a c t o r e x c e p t t o t h e e x t e n t t h e y a r e l i m i t e d b y s t a t u t e , r u l e o r r e g u l a t i o n a n d t h e e x p r e s s t e r m s o f t h i s C o n t r a c t . N o c i v i l s e r v i c e s t a t u s o r o t h e r r i g h t o f e m p l o y m e n t w i l l b e a c q u i r e d b y v i r t u e o f C o n t r a c t o r ’ s s e r v i c e s . N o n e o f t h e b e n e f i t s p r o v i d e d b y t h e C i t y t o i t s e m p l o y e e s , i n c l u d i n g b u t n o t l i m i t e d t o u n e m p l o y m e n t i n s u r a n c e , w o r k e r s ’ c o m p e n s a t i o n p l a n s , v a c a t i o n a n d s i c k l e a v e , a r e a v a i l a b l e f r o m t h e C i t y t o C o n t r a c t o r , i t s e m p l o y e e s o r a g e n t s . D e d u c t i o n s s h a l l n o t b e m a d e f o r a n y s t a t e o r f e d e r a l t a x e s , F I C A p a y m e n t s , P E R S p a y m e n t s , o r o t h e r p u r p o s e s n o r m a l l y a s s o c i a t e d w i t h a n e m p l o y e r - e m p l o y e e r e l a t i o n s h i p f r o m a n y c o m p e n s a t i o n d u e t o C o n t r a c t o r . P a y m e n t s o f t h e a b o v e i t e m s , i f r e q u i r e d , a r e t h e r e s p o n s i b i l i t y o f C o n t r a c t o r .

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, 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 7073
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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. 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.
7073
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Docusign Envelope ID: E2B9BBD6-6DA7-4FCC-BB30-72C49C2E2BB7 19 Contract No: For the Contract between the City of
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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 . T e r m i n a t i o n W i t h o u t D e f a u l t . 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 at torney'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 INTERES T:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

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 7073
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Richmond and
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 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 7073
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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 subcontrac tor's employees This requirement will apply continuously and not be limited to normal working hours.

In addition, Contractor will comply with all safety provisions in conformance with U.S.

Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, 7073
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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 s hall abide by the insuranc e requirements set forth in said Exhibit F.

15. COMPLIANC E WITH A L L A P P L I C A B L E 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. 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 7073
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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. 1 8 . FORCE MAJEURE:

Neither party hereto shall be considered in default in the performance of its obligations he
r eunder to the extent that the performance of such an obligation is prevented or delay ed 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 regulat ions 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 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. CLA IMS:

Any claim by Contractor against Cit y hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified suc h 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. INTERPRETATI ON:

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 foll
o ws: Co ntractor possesses good title to the product and the right to transfer the product to 7073
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City; the product shall be deliv ered to the City fr ee 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 dat e of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenan ce 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 pr omptly performed by Contractor, at Contractor's expen se, including s hipping.

23. SEVERABILI T Y :

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 provisio ns of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining pr ovis ions 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 t he City Manager) is duly authoriz ed to enter into and exec ute 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 exec ute this Contract on behalf of Contractor, and shall be personally liable to City if they are not duly author ized to enter into and exec ute 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 ac tion 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 7073
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United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 7073
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EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):

NONE
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EXHIBIT F

INSURANCE PROVISIONS
___ Check here if Risk Management has approved waiving insurance requirements for this contract.
a. 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 Sections 10.b. (1) through (5) 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 described in Section 17.f. 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.
b. COVERAGE REQUIREMENTS :

Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional 7073
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Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Professional Liability:

Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Contractor’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each occurrence
Technology professional liability errors and omissions shall include, or be endorsed to include: property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of Contractor. If not covered under Contractor’s liability policy, such “property” coverage of the City may be endorsed onto Contractor’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Contractor. (5) Cyber Liability:

Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor in this Contract and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.
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As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:

Contractor hereby agrees to waive rights of subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors. d. 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.
e. ADDITIONAL INSUREDS:

The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. Any additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

Additional Insured coverage under Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. 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. 7073
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___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type
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evised: 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
operati
ons.

2. Ins
urance 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 i
ts equivalent) with primary and non-contributory language.

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

5. Ori
ginal and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Constr
uction Insurance.

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

7. Contrac
tor’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.

Docusign Envelope ID: E2B9BBD6-6DA7-4FCC-BB30-72C49C2E2BB7 31 ___ Exhibit F
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City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
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evised: September 2011

PROJECT COST REQUIRED 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)
Incl
udes 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 Be tter. If the A.M. Best Rating falls below the required rating, CONT
RACTOR 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.

Docusign Envelope ID: E2B9BBD6-6DA7-4FCC-BB30-72C49C2E2BB7 32 ___ Exhibit F
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City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
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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.

SAMPL
E 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 Performa
nce Bond

3. A Payment
Bond
Um
brella/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.

Docusign Envelope ID: E2B9BBD6-6DA7-4FCC-BB30-72C49C2E2BB7 33 ___ Exhibit F
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City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
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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
CO
NTRACTOR 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 cancell ed, 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 insurin
g 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.

Docusign Envelope ID: E2B9BBD6-6DA7-4FCC-BB30-72C49C2E2BB7 34 Docusign Envelope ID: E2B9BBD6-6DA7-4FCC-BB30-72C49C2E2BB7 35 Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 7716
36 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.

City Managers Office
Kaitlen Burnom
[email protected]
(510) 621­1240
17121
7484
Justin Page Design Co. will design and produce the City of Richmond 2024 Annual Report.

Final deliverables include an approximate 25­page print­ready PDF and a web­optimized digital

Justin Page Design Co.
266 Mccormick Dr
Sonora, CA, 95370
Justin Page
(510) 520­5481
[email protected]
n/a
July 1, 2025
June 30, 2026
10,000.00
25­26
10,000.00
Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 771637

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

Justin Page Design Co.

Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 9/26/2025
principal
City Manager
10/9/2025
38 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]:

Justin Page Design Co.
7484
Scope of Work

In a satisfactory manner as will be determined by the City’s Management Analyst, Grantee shall execute:

Service Specification
To design the City of Richmond, 2024 annual report.

Initial key points:
• Final due date: July 31st, 2025.
• 8.5x11” orientation TBD
• approximately 25 pages.
• Content outline per section provided (Re-discuss prior to design phase). • All copy and photography to be provided by Richmond team. • Design bespoke icons and/or Infographics as they pertain to the content.

Project workflow:
• Initial project discussion.
• Discuss provided outline/content per section (art direction, word counts, photos, graphics, page counts, etc.).
• Develop a sample spread and 3 initial cover options to establish overall design style. • Initial cover and sample spread revisions per team feedback. • Compile all remaining content and design remaining pages. • Revision per team feedback (We can allow for up to 3 rounds of revisions per client) • Proofreading rounds. Focused on copy and data, fix any errors or typos. • Upon last revisions, complete report approved and prepared for delivery.

Final Deliverable:
• Print ready PDF file. (Output specs tbd)
• Digital pdf in web resolutions
• Any additional iterations of the final project would be considered new projects, billable by hourly or other agree upon fees.

Payment Provisions/Fee:
• A flat rate of $10,000.00 for services rendered, billed 100% at hand off of final deliverables. • Kill fees: if the project is canceled at any point in the process, the design fee can be prorated to the percentage of the project that we have completed, which we can agree upon at that time in good faith
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39 Contract No: ________ For the Contract between the City of Richmond and
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EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

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

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

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

2. SUBMISSION OF INVOICES:

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

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

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

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

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

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
7484
Justin Page Design Co.

Kaitlen Burnom
Kaitlen Burnom
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40 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: ________________________________________________ 7484
Justin Page Design Co.

Kaitlen Burnom
[email protected]
Justin Page Design Co.
266 Mccormick Dr
Sonora, CA, 95370
[email protected]
Justin Page
Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 7716
41 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, 7484
Justin Page Design Co.

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_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

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

b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

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

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

7. RECORDS:

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

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

7484
Justin Page Design Co.

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c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

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

The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:

a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.

b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under 7484
Justin Page Design Co.

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_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:

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

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

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for 7484
Justin Page Design Co.

Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 7716
45 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 7484
Justin Page Design Co.

Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 7716
46 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.
7484
Justin Page Design Co.

Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 7716
47 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 7484
Justin Page Design Co.

Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 7716
48 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, 7484
Justin Page Design Co.

Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 7716
49 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. 7484
Justin Page Design Co.

Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 7716
50 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”):

7484
Justin Page Design Co.

NONE
Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 7716
51 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
7484
Justin Page Design Co.

Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 52 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)
7484
Justin Page Design Co.

Docusign Envelope ID: 1C330937-6665-4DD9-A6D8-C79BEA9FE20C 7716
53 DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT

The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract A mendment are the City of Richmond, a public body corporate and politic, 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. Purpose. This Contract Amendment is being entered into t o amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

City Council Approval Date/City
Manager Execution Date: ____________________________
Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.

3. Contract Provisions. The parties hereto agr ee to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department:

City Project Manager:

City Project Manager E-mail:

City Project Manager Phone No:

Vendor No:

Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

City Manager's Office
Abdul Black
[email protected]
510-620-6629
383
7073
Provides printing and mailing services for city-made mailers / pamphlets to richmond residents 1 FolgerGraphics, Inc
21093 Forbes Ave
Hayward, CA. 94545
Kirk Folger
(510) 887-5656
[email protected]
40003596
June 18,2024
July 1, 2024
June 30, 2027
135,000
54 DocID #34720v1 Modified January 14, 2025

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Contract.

5. Cit
y of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insur
ance Coverage Updated and Maintained. Pursuant to the Contract, th e Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Author
ity; Counterparts; Signatures. Each of the signatories her eto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.

CIT

Y OF RICHMOND,
a municipal corp
oration
By: _______________________________
_
Tit
le: ______________________________
Dat
e Signed: ________________________
I he
reby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.

By: ________________
_______________
City Clerk
Appr
oved as to form:

By: _______________________________

City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
FolgerGraphics, Inc
55 DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by
City Council or executed by the City Manager on
_________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved
by City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved
by City Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by Cit
y Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to ex ceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved b
y City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
56 DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■
100,000
235,000
■
The purpose of this amendment is to expand the scope of services to include comprehensive printing and mailing support for all City departments. These services will cover projects such as the Recreation Activity Guide, the Year-End Accomplishments Pamphlet, and similar departmental publications. In addition, the amendment authorizes the contractor to provide printing and distribution services to all City residents as needed.
57 DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT

The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract A mendment are the City of Richmond, a public body corporate and politic, 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. Purpose. This Contract Amendment is being entered into t o amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

City Council Approval Date/City
Manager Execution Date: ____________________________
Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.

3. Contract Provisions. The parties hereto agr ee to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department:

City Project Manager:

City Project Manager E-mail:

City Project Manager Phone No:

Vendor No:

Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

City Manager's Office
Abdul Black
[email protected]
510-620-6629
17121
7716
Graphic Design Services for community engagment
Justin Page Design Co.
266 Mccormick Dr
Sonora, CA, 95370
Justin Page
(510) 5205481
[email protected]
N/A
July 1, 2025
July 1, 2025
June 30, 2026
10,000
58 DocID #34720v1 Modified January 14, 2025

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Contract.

5. Cit
y of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insur
ance Coverage Updated and Maintained. Pursuant to the Contract, th e Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Author
ity; Counterparts; Signatures. Each of the signatories her eto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.

CIT

Y OF RICHMOND,
a municipal corp
oration
By: _______________________________
_
Tit
le: ______________________________
Dat
e Signed: ________________________
I he
reby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.

By: ________________
_______________
City Clerk
Appr
oved as to form:

By: _______________________________

City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
Justin Page Design Co.
59 DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by
City Council or executed by the City Manager on
_________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved
by City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved
by City Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by Cit
y Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to ex ceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved b
y City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
60 DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■
10,000
20,000
■
This amendment is made to clarify and expand the scope of services to include the provision of graphic design support to all City departments.

Services under this amendment will encompass projects such as the Recreation Activity Guide, the Annual Accomplishments Pamphlet, and other materials intended to inform and engage residents about available programs and services.
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January 6, 2025

City Manager's Office

DATE: January 6, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Lashonda White, Deputy City Manager - Community
Services
Yahna Williamson - Management Analyst
Subject:

Formation of the Black Resiliency Project Community
Advisory Committee
FINANCIAL IMPACT: There is no direct fiscal impact associated with adoption of this resolution. City Council approved a total allocation of $1.5 million for (1) the development of a “State of
Black Richmond” consultant and report and (2) to support the implementation of the Black Resiliency Project and
Fund from the fiscal year 2025-26 General Fund budget.

In addition, Community Advisory Committee members
will serve without compensation. Any staff time or
administrative support will be accommodated within
existing City resources.

PREVIOUS COUNCIL
ACTION:

June 17, 2025
October 7, 2025
November 18, 2025

STATEMENT OF THE
ISSUE:

The Black Resiliency Project and Fund requires the
formation of a Community Advisory Committee (CAC) to
ensure the initiative is community-driven, transparent, and informed by the lived experiences of Black Richmond residents. The CAC is a critical component of the
implementation structure and will work alongside City
staff and the consultant to guide development of the
State of Black Richmond Report and future grant
program design. City Council authorization is needed to formally establish the CAC, including its purpose, duties, membership structure, terms of service, meeting
AGENDA
REPORT
62

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January 6, 2025
procedures, and dissolution criteria, so that recruitment and appointments can begin.

RECOMMENDED ACTION:

ADOPT a resolution authorizing the creation of the Black Resiliency Project Community Advisory Committee
(CAC) and approving its purpose, duties, membership
and composition, terms of service, meeting procedures,
conflict-of-interest requirements, and dissolution
parameters – City Manager’s Office (Lashonda White
510-620-6828/Yahna Williamson 510-650-6574).

DISCUSSION:

Background
On June 17, 2025, City Council approved the establishment of the Black Resiliency Project and Fund, directing City staff to develop a State of Black Richmond Report and a grant program to guide equitable investments and long-term strategies to improve outcomes for Black residents.

To support early planning and implementation, City Council established the Black Resiliency Project Ad Hoc Committee on October 7, 2025. On November 18, 2025, staff provided a progress update to City Council that included the development of Community Advisory Committee guidelines, a public-facing City website, and preparation of a Request for Proposals (RFP) for the State of Black Richmond Report.

The proposed resolution represents the next step in implementation by formally authorizing the creation of the Black Resiliency Project Community Advisory Committee (Attachment 1).

Formation of the Community Advisory Committee
The Community Advisory Committee will ensure that the Black Resiliency Project remains transparent, community-centered, and grounded in lived experience. The CAC will:
 Review and provide feedback on the draft Request for Proposals (RFP) for the State of Black Richmond Report
 Advise on findings and recommendations during report development  Collaborate with staff and the consultant to shape preliminary grant program guidelines
 Provide input on eligibility criteria, evaluation metrics, and accountability measures
 Support outreach and community engagement
 Review and score grant applications in collaboration with staff  Host quarterly community meetings to ensure transparency and ongoing feedback

63

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January 6, 2025

The CAC will consist of eleven (11) members appointed by the Mayor with City Council approval through an open application process. Membership will reflect Richmond’s geographic, socio-economic, generational, and lived-experience diversity and will include at least two (2) youth members ages 15–24. Members will serve one-year terms, without compensation, and must comply with all City ethics, Brown Act, and conflict-of-interest requirements.

The CAC will continue until the Black Resiliency Fund sunsets and the project evaluation is complete.

Next Steps
Adoption of the resolution establishes a transparent, community-centered advisory body that will play a critical role in guiding the State of Black Richmond Report and the Black Resiliency Fund.

The CAC announcement and the City’s Board and Commission application are on the Black Resiliency Project webpage at https://www.ci.richmond.ca.us/4921/Black- Resiliency-Project. Eligible individuals are invited to submit an application for consideration starting January 7, 2026 (Attachment 2). City staff will also promote the opportunity to participate in the CAC through the City website, social media, and community partners.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution authorizing the creation of the Black Resiliency Project Community Advisory Committee
Attachment 2 – Draft CAC Announcement

64 Reso. No. _____

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DocID #61361v1
RESOLUTION NO. ______

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

CALIFORNIA AUTHORIZING THE CREATION OF THE BLACK RESILIENCY

PROJECT COMMUNITY ADVISORY COMMITTEE (CAC) AND ESTABLISHING ITS

PURPOSE, DUTIES, MEMBERSHIP, TERMS, PROCEDURES, AND DISSOLUTION

WHEREAS, on June 17, 2025, the Richmond City Council approved the establishment of the Black Resiliency Project and Fund to address persistent and disproportionate inequities impacting Black residents in Richmond; and
WHEREAS, the City Council directed City staff to develop a State of Black Richmond Report and a community-informed grant program to guide equitable investments and long-term strategies for improving outcomes for Black residents; and WHEREAS, on October 7, 2025, the City Council established a Black Resiliency Project Ad Hoc Committee to provide early guidance and support the initial planning phases of the Project; and
WHEREAS, on November 18, 2025, City staff provided a progress update to the City Council on the Black Resiliency Project and Fund, which indicated that staff would work with City Council to establish the Black Resiliency Project Community Advisory Committee (CAC) , the development of a public-facing City website, and the preparation of a Request for Proposals (RFP) to produce the State of Black Richmond Report; and WHEREAS, the CAC will coordinate closely with the Black Resiliency Project Ad Hoc Committee and the consultant developing the State of Black Richmond Report, and once the report is complete, the CAC will assist City staff in translating findings into actionable grant funding guidelines; and
WHEREAS, the CAC’s input will inform future City Council actions on program design and implementation.

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

1. Purpose
The Community Advisory Committee (CAC) is hereby established for the purpose of advising the City of Richmond and its consultant team in shaping the State of Black Richmond Report and developing the Black Resiliency Fund grant program and ensuring that community voices and lived experiences directly inform the design of equitable programs, policies, and funding strategies aimed at improving outcomes for Richmond’s Black residents; and

2. Duties
The duties of the CAC shall be as follows:
a. Review and provide input on the draft Request for Proposals (RFP) for the State of Black Richmond Report prior to release.
b. Advise on the findings and recommendations of the State of Black Richmond Report to ensure accuracy, representation, and alignment with community needs. c. Collaborate with City staff and its consultant team to shape the initial structure of the Black Resiliency Fund, including eligibility criteria, evaluation methods, and accountability measures.
d. Support community engagement and promote transparency by serving as a conduit between the City and its residents.
e. Review and rank grant applications in consultation with staff. f. Participate in structuring the project evaluation.
65 Reso. No. _____

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DocID #61361v1
g. Host quarterly community meetings on the project process to ensure transparency and create a venue for any concerns.

3. Membership
a. The CAC shall be comprised of eleven (11) members selected to reflect Richmond’s geographic, socio-economic, generational, and lived-experience diversity, appointed by the Mayor with approval from the City Council following an open and transparent application process, and shall consist of the following:
 Seven (7) of eleven (11) members: each of the six (6) City Councilmember and the Mayor shall recommend one (1) Richmond resident each for appointment to ensure geographic, lived-experience, socio-economic and ethnic/racial diversity, and if no residents from within a given Council district apply to serve on the CAC, the Councilmember from that district may appoint a Richmond resident that resides outside of their district.
 Two (2) of eleven (11) members: City staff, in collaboration with the Council- appointed Black Resiliency Project Ad Hoc Committee, will recommend two (2) individuals having relevant expertise for appointment by the Mayor and approval by the City Council. These two (2) members must live or work in the City or display deep connections within the Richmond community.  Two (2) of eleven (11) members: the CAC will recommend two individuals for appointment by the Mayor and approval by the City Council. These two (2) members must live or work in the City or display deep connections within the Richmond community.
b. Two (2) of eleven (11) members shall be youth between the ages of 15 to 24. c. Individuals currently serving on the Black Resiliency Project Ad Hoc Committee or CAC are not eligible to receive grant funding resulting from this project. d. Appointed CAC members may not serve on other City Council-appointment boards or commissions during their CAC term.
e. Members of the CAC shall serve without compensation. f. Members shall serve one-year terms, and may be reappointed consistent with City policy.
g. A Chair and Vice-Chair shall be elected annually by a majority of members to facilitate meetings and ensure equitable participation, and both positions shall serve in such capacities for one year or until the successors are duly elected. h. Members will adhere to the rules regarding attendance and absences outlined in City of Richmond Boards and Commission Handbook.
i. In the event of any departure from the CAC, the vacancy shall be filled by appointment for the unexpired portion of the term of the appointee's predecessor. j. Members must disclose any potential conflicts of interest consistent with the City’s ethics policies.
k. Members must comply with all applicable laws including specific state-mandated training requirements regarding ethics laws, filing Form 700 Statements of Economic Interests, and adhering to the California Public Records Act.

4. Meetings
a. The CAC may meet monthly, or more frequently as needed, particularly during the RFP development and report review phases.
b. All decisions will be made in accordance with City of Richmond Boards and Commission Handbook, Rosenberg’s Rules of Order, and any other applicable City, State or Federal policies.
c. A quorum shall consist of a simple majority of seated members. d. Meetings will be open to the public in accordance with the Brown Act, with agendas and materials for regular meetings posted at least 72 hours in advance and for special meetings posted at least 24 hours in advance. e. The CAC may form temporary subcommittees, which are established for specific, limited-duration tasks and whose membership should not include more than quorum, to focus on specific topics such as data, outreach, and grant development. 66 Reso. No. _____

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DocID #61361v1

5. Dissolution
The CAC shall continue until the Black Resiliency Fund sunsets and evaluation is complete.

BE IT FURTHER RESOLVED that City staff are authorized to take all actions necessary to implement this Resolution in accordance with City policy and applicable law. ******************

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 Mmmm dd, yyyy, by the following vote:

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. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.

_______________________________________
Pamela Christian, Clerk of the City of Richmond
67 W E ’ R E L O O K I N G F O R :

R i c h m o n d r e s i d e n t s
Y o u t h ( a g e s 1 5 – 2 4 )
C o m m u n i t y l e a d e r s , o r g a n i z e r s , c a r e g i v e r s P e o p l e w i t h l i v e d e x p e r i e n c e a c r o s s h o u s i n g , e d u c a t i o n , h e a l t h , c u l t u r e , o r c o m m u n i t y s e r v i c e s

COMMUNITY ADVISORY COMMITTEE (CAC)
J O I N T H E B L A C K R E S I L I E N C Y P R O J E C T ’ S Help shape Richmond’s first Black Resiliency Fund.

The City of Richmond is seeking residents to serve on the Community Advisory Committee, a group that will guide the State of Black Richmond Report and help design the Black Resiliency Fund A P P L I C A T I O N S O P E N J A N U A R Y 7 , 2 0 2 6 For more information or to apply visit:
https://www.ci.richmond.ca.us/4921/Black-Resiliency-Project or scan the QR Code.

Questions? Contact Yahna Williamson at
[email protected]
W H A T T H E C A C D O E S :

Review and advise on the State of Black Richmond Report Help shape grant guidelines and priorities
Ensure community voice leads this work
Promote transparency and accountability
Host community meetings and provide feedback to City Council 68

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December 16, 2025

Community Development

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

Lina Velasco, Director of Community Development Dept.

Jesus M. Morales, Housing Manager

Subject:

On-Call Financial and Economic Analyses Services
FINANCIAL IMPACT: The payment limit for each contract shall not exceed $500,000 per firm for one year. The cost associated with preparing financial and economic analyses related to real property negotiations will be charged to developers to
facilitate and fast track applicant pro forma review and evaluation, and or to specific grants, and Department
budgets based on services contracted

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

City staff is requesting authorization to enter into standing contracts for as-needed financial and economic analyses related to real property negotiations and proposed
residential and commercial developments.

RECOMMENDED ACTION:

ADOPT a resolution authorizing contracts for on-call
financial and economic analyses services, for an amount not to exceed $500,000 per vendor for a three-year term, with an option to extend the contract term for up to two, one-year extensions, to provide services for several
departments, including Community Development,
Economic Development, Finance, Port of Richmond, and
Richmond Housing Authority – Community Development
Department (Lina Velasco/Jesus M. Morales 510-620-
6706).

DISCUSSION:

AGENDA
REPORT
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December 16, 2025
On August 25, 2025, the Community Development in collaboration with several other City Departments issued a Request for Qualifications (RFQ) for On-Call Financial and Economic Analyses consultants. The RFQ was posted on the City's BidsOnline System, and 648 vendors were notified (Attachment 1). Of the firms notified, 40 downloaded the RFQ, and 13 responded. The responses were reviewed by a panel comprising staff from Community Development, Finance, Economic Development, and the Port.

The RFQ was downloaded, and responses were submitted by 13 financial services firms that have provided similar services to the City of Richmond or other local and regional cities. The firms are experienced around market feasibility and analysis specific to commercial and residential scenarios and redevelopment, including pro forma analysis of various redevelopments (such as housing), feasibility analyses based on specific market conditions and likely opportunities, and other miscellaneous economic and financial analyses. Several firms are currently providing financial consulting services to the City on a variety of major developments: Terminal One, 12th and Macdonald, and Miraflores. Prior contracts are exceeding the initial contract amounts and it is essential to keep the proposed developments on track by ensuring the financial services consultants are readily available to assist City staff with the marketing feasibility and/or financial analysis including pro forma analysis related to commercial and residential development scenarios and redevelopment, and on-going real property negotiations. Having these highly experienced firms on call will allow for timely and well vetted financial and economic analysis on complex development proposals to inform the City’s real property negotiations.

The thirteen responding firms are recommended for approval of on-call contract services (Attachment 2). The firms are:

1. RSG, Inc.

2. ECOnorthwest

3. BAE Urban Economics, Inc.

4. The Concourse Group LLC

5. PFM Financial Advisors LLC

6. Economic & Planning System, Inc. (EPS)

7. Jones Lang LaSalle Americas, Inc.

8. Land Econ Group

9. Infrastructure Advisors LLC

10. Century Urban, LC

11. LeSar Development Consultants

12. NELB Consultants, LLC

13. Hoffman Strategy Group

Each service contract will be for an amount not-to-exceed $500,000 over a three-year term, from January 1, 2026, through December 31, 2028, with an option to extend the contracts for up to two, one-year extensions (Attachment 3). On-call financial services contracts will assist the Housing Division in completing timely review of complex financial development proformas. Other Departments will be able to contract for financial services as needed without having to issue individual RFQs which can be time- 70

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December 16, 2025
consuming. In addition, having on-call contracts will save City staff time needed to bid work on a project-by-project basis. This is critical in completing timely real property negotiations.

DOCUMENTS ATTACHED:

Attachment 1 – BidsOnLine Report
Attachment 2 – Matrix
Attachment 3 – Resolution for On-Call Financial and Economic Analyses Services

71 City of Richmond
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89 Vendor Name Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4 Reviewer 5 TOTAL RANKING 1 RSG, Inc. 94 100 96 93 97 480 1
2 ECOnorthwest 96 100 91 84 97 468 2
3 BAE Urban Economics, Inc 94 93 94 88 93 462 3
4 The Concourse Group LLC 94 100 88 90 88 460 4
5 PFM Financial Advisors LLC 90 100 89 90 90 459 5
6 Economic & Planning System, Inc.
(EPS) 90 92 94 88 94 458 6
7 Jones Lang LaSalle Americas, Inc. 90 100 90 89 88 457 7 8 Land Econ Group 87 85 92 93 96 453 8
9 Infrastructure Advisors LLC 87 100 87 88 84 446 9
10 Century Urban, LC 90 90 81 90 94 445 10
11 LeSar Development Consultants 93 75 89 88 93 438 11
12 NELB Consultants, LLC 82 90.5 85 78 97 432.5 12
13 Hoffman Strategy Group 75 100 83 75 84 417 13
On-Call Financial and Economic Analyses
Request for Qualifications (RFQ)
October 14, 2025
90 Reso. No. _____

Page 1 of 2 ends

RESOLUTION NO. ______

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

CALIFORNIA, AUTHORIZING ON-CALL FINANCIAL AND ECONOMIC

ANALYSES SERVICES CONTRACTS FOR AN AMOUNT NOT TO EXCEED $500,000 PER VENDOR OVER A THREE-YEAR PERIOD WITH AN OPTIONAL

TWO, ONE YEAR EXTENSIONS

WHEREAS, the Community Development Department and other City Departments anticipates services for Financial and Economic Analysis Services; and

WHEREAS, the project-by-project bidding process for these services can take up to four months and involves significant per-project staff time and costs; and

WHEREAS, the Community Development Department and other City Departments have demonstrated that the use of professionals drawn from a list of service firms that have undergone a competitive process, eliminates much of the delay and costs associated with project -by-project bidding; and

WHEREAS, on August 25 , 2025 , the Community Development Department in collaboration with other C ity Departments issued a Request for Qualifications (RFQ) for on-call Financial and Economic Analyses through the City’s BidsOnLine system; and

WHEREAS, 648 firms were notified, and 40 firms downloaded the RFQ; and

WHEREAS, 13 firms responded to the RFQ , and all were reviewed by a panel consisting of the Community Development Department, Finance, Economic Development, and the Port staff; and

WHEREAS, in evaluating the qualifications, the panel evaluated the responses on the firm’s general experience and past performance, qualifications information, and the cost & hourly rate for all key personnel; and

WHEREAS, the firms recommended for Financial and Economic Analyses on-call list are;

1 RSG, Inc.
2 ECOnorthwest
3 BAE Urban Economics, Inc.
4 The Concourse Group LLC
5 PFM Financial Advisors LLC
6 Economic and Planning System, Inc.
(EPS)
7 Jones Lang LaSalle Americas, Inc.
8 Land Econ Group
9 Infrastructure Advisors LLC
10 Century Urban, LC
11 LeSar Development Consultants
12 NELB Consultants, LLC
13 Hoffman Strategy Group

WHEREAS, each on-call service contract would be for an amount not to exceed $500,000, over a three-year period, with an option to extend for two, one-year extensions; and

WHEREAS, firms will be selected to provide On-Call Financial and Economic Analyses for development project review and evaluation, and advanced planning projects as needed; and

WHEREAS, firms on the on -call list will be selected to perform specific project -related work based on their project-related experience and availability to complete the work; and

91 Reso. No. _____

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WHEREAS, the Community Development and other City Departments will manage their contracts, and the costs of each contract will be paid by the applicant, as well as grants, and/or comprehensive planning fees, and or department budgets based on services contracted.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond hereby authorizes the Community Development and other City Departments to enter into Service Contracts for on-call Financial and Economic Analyses with the above-mentioned firms for an amount not to exceed $500,000 per vendor over three years, with an option to extend for two, one-year extensions.

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

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 December 16, 2025, by the following vote:

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. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on_________.

_______________________________________
Pamela Christian, Clerk of the City of Richmond
92

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January 6, 2026

Economic Development
PORT

DATE: January 6, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Charles Gerard, Port Director
Lizeht Zepeda, Senior Business Assistance Officer
Kyle Lam, Management Analyst
Subject:

Contract with Liftech Consultants, Inc. for Planning and Design Services for the Relocation of the SS Red Oak
Victory
FINANCIAL IMPACT: The proposed $299,797 expenditure is included within the approved Fiscal Year 2025-2026 Port of Richmond
budget (Account String: 40163080 – 400733 – 36038).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

As an enterprise fund, the Port of Richmond aims to
maximize revenue generated from its maritime assets.

The stakeholders of the SS Red Oak Victory are seeking
to relocate the vessel closer to the Rosie the
Riveter/WWII Home Front National Historical Park to
increase public visitation and visibility. To confirm
relocation costs and advance project planning, the Port proposes awarding an agreement to Liftech Consultants,
Inc. in the amount of $299,797 to complete preliminary
planning and design of a new dock structure.

RECOMMENDED ACTION: APPROVE a contract with Liftech Consultants Inc. in the amount of $299,797 for planning and preliminary design
of the relocation of the Red Oak for a term ending June 30, 2027 - Economic Development/Port (Charles Gerard
510-620-6792). This item was continued from the
December 16, 2025, meeting.

AGENDA
REPORT
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January 6, 2026
DISCUSSION:

On August 15, 1944, construction of the SS Red Oak Victory began at Kaiser-Richmond Shipyard No. 1. The vessel was built in just 87 days. The SS Red Oak Victory is a Boulder-Class ship, built to serve as a cargo vessel during World War II. In early 1945, it transported munitions from Port Chicago to vessels operating in the Pacific Theater.

The SS Red Oak Victory Red Oak Victory is the last surviving vessel of the 747 ships of all types constructed at the Richmond Kaiser Shipyards during World War II.

In 1996, the U.S. Maritime Administration transferred ownership of the SS Red Oak Victory to the Richmond Museum Association. In 1998, the vessel was brought to the City of Richmond for use as a museum ship and as a monument to the thousands of men and women who worked diligently to build ships during a time of national crisis.

The SS Red Oak Victory is currently berthed at Basin No. 5 at the Point Potrero Marine Terminal. Following discussions between the Port of Richmond, the Richmond Museum Association, and Congressman John Garamendi, stakeholders are seeking to relocate the vessel to the east side of the Inner Harbor, near the Water Emergency Transportation Authority (WETA) Ferry Terminal. This relocation would place the SS Red Oak Victory in a more publicly accessible location, close to both the ferry terminal and the Rosie the Riveter/WWII Home Front National Historical Park Visitor Center.

Additionally, this move would allow the Port to lease Basin No. 5 to commercial maritime users, generating additional revenue.

The new berth must be designed to accommodate the vessel’s specifications, mooring requirements, site access, utility services, environmental protection, and necessary public amenities. The Port’s initial estimate to design, permit, and construct the relocation of the SS Red Oak Victory is $16 million to $20 million (2027 dollars).

However, the cost of constructing a new dock to support the vessel remains the principal unknown. As a result, the Port issued a Request for Proposals (RFP) for maritime engineers to complete the following tasks (Attachment 1):

1. Existing conditions assessment

2. Cost analysis and value engineering to identify the most cost-effective relocation option

3. Permitting pathway analysis

4. Preliminary engineering to the 15 percent (%) design level to support preparation of a Project Description for California Environmental Quality Act (CEQA) compliance

The Port issued the RFP through the City BidsOnline system received two proposals, listed alphabetically:

1. Liftech Consultants, Inc., Oakland, CA

2. Moffatt & Nichol, Oakland, CA

94

Page 3 of 3 ends

January 6, 2026
Port staff reviewed the proposals and ranked Liftech Consultants, Inc. as the most qualified firm (Attachment 2). The Liftech proposal demonstrated their understanding of scaling the project to meet the base requirements while also designing the wharf infrastructure that could be expanded in the future to meet additional needs. With the alternative proposal, the Port was concerned about their design in relation to the size of the SS Red Oak Victory as compared to other wharf infrastructure projects.

The Port recommends awarding the contract and full scope of work to Liftech, as their proposal best aligns with the Port’s need to finalize planning for the relocation of the SS Red Oak Victory (Attachment 3).

ENVIRONMENTAL REVIEW:

This is a planning effort to develop a project description for review under CEQA.

SYNERGISTIC POLICIES:

City Council Goals and Priorities – Strategic Goal Area 2.5: Revitalization of the Port.

This contract will advance the Port’s planning to move the Red Oak Victory ship that will open Basin 5 at the Point Potrero Marine Terminal for commercial marine businesses as well as locate the Red Oak Victory ship in a more accessible and visible location.

DOCUMENTS ATTACHED:

Attachment 1 – RFP – Relocation of Red Oak Victory
Attachment 2 – Bid Rating Matrix
Attachment 3 – Contract with Liftech Consultants
95 1

REQUEST FOR PROPOSAL

RELOCATION OF THE SS RED OAK VICTORY

PORT OF RICHMOND

1322 Canal Boulevard
Richmond, CA 94804
96 RFP – Relocation of the Red Oak Victory

2 REQUEST FOR PROPOSALS
Preliminary Engineering for the SS Red Oak Victory Relocation

I. INTRODUCTION
The City of Richmond , acting through the Port of Richmond , is requesting proposals from qualified engineering and environmental consultants to provide services in support of relocating the SS Red Oak Victory from its current berth at the Point Potrero Marine Terminal to a site near the Richmond WETA Ferry Terminal. This effort is in collaboration with the non-profit Red Oak Victory organization.

This RFP solicits professional services to complete:

1. An existing conditions assessment,

2. Cost analysis and value engineering to determine the least costly option to relocate the vessel,

3. A permitting pathway analysis, and

4. Preliminary engineering to the 15% level of design , to support the development of a Project Description for CEQA compliance. The City will serve as the CEQA lead agency and is responsible for completing the CEQA review. The consultant will provide technical support to the City as needed during this process.

The City reserves the right to amend the scope of work through a contract amendment to include additional services, including preparation of bridging documents and permit submittals, should the Port proceed with a design-build procurement following CEQA.

II. PROJECT BACKGROUND
The SS Red Oak Victory is currently berthed at Basin N umber 5 at the Point Potrero Marine Terminal. The Port of Richmond intends to relocate the vessel to the east side of the Inner Harbor near the WETA ferry terminal.

The new berth must be designed to accommodate the vessel’s specifications, mooring requirements, site access, utility services, environmental protection, and necessary public amenities. A design -build delivery method is preferred to accelerate the project and reduce costs.

Attachment A illustrates a concept of the berthing requirements for the Red Oak Victory. There are two options shown. The first is the ideal condition for the Red Oak, which neither the Port nor Red Oak expect to have funding to construct. The alternative option illustrates the minimum requirements for the Red Oak.

Ideally, funding would be available to construct the alternative option initially but could expand to the ideal marine structure if future funding permits.

The consultant’s analysis and design must address the following key project elements:
• Dredging to -20 feet NAVD88
• Construction of a marine structure to berth the SS Red Oak Victory • Compliance with BCDC, USACE, SWRCB, and other permit requirements

The Port will provide design support for the landside elements including the following elements:
• Shoreline access, parking, Bay Trail realignment, and stormwater treatment • Water, sewer, and 480V electrical service
• Security fencing, lighting, and Red Oak visitor amenities

The Port has an allowance of up to $300,000 for this initial task. 97 RFP – Relocation of the Red Oak Victory

3 III. SCOPE OF SERVICES
The selected consultant shall provide the following services:

1. Existing Conditions Analysis
a. Soil conditions and bank stability
b. Environmental constraints

2. Value Engineering
a. There are no identified funds to finalize the design and construct the project. Comp lete a value engineering exercise to establish an approach to construct a berth that meets the Red Oak’s needs at the lowest cost. See the attached drawings that illustrate the optimum and minimized needs.

3. Permitting Pathway Assessment
b. Identify required federal, state, regional, and local permits c. Prepare a permitting matrix and timeline
d. Coordinate with regulatory agencies to clarify submittal needs

4. Preliminary Engineering (15% Design)
a. Prepare concept-level wharf layout, mooring plan, and structure b. Provide utility connections from on the wharf to the ship c. Develop preliminary dredging volumes
d. Provide engineering basis of design and Class 5 cost estimate. The Port will support the consultant with site and utility costs.
e. Identify geotechnical and bathymetric data needs for final design

5. CEQA Support
a. Prepare a project description and figures for use by the City’s CEQA consultant b. Respond to technical inquiries during CEQA analysis and public review

6. Optional Services (to be scoped and negotiated at the Port’s discretion) a. Preparation of bridging documents for design-build procurement b. Preparation of permit application packages and regulatory coordination c. Additional design support post-CEQA

III. PORT PROVIDED SUPPORT
The Port will support the consultant with the following:

1. Existing bathymetric data.

2. Shoreline and site topography.

3. Previous berthing calculations for the Red Oak.

4. Landside layout and utility design support including plan preparation.

IV. PROPOSAL REQUIREMENTS
Proposals shall not exceed 25 single -sided pages , excluding resumes, cover letter, and required attachments. Each proposal must include:

98 RFP – Relocation of the Red Oak Victory

4 A. Cover letter acknowledging the scope and Richmond c ontracting ordinances B. Understanding of the project goals and site context C. Proposed approach and methodology by task
D. Detailed schedule and deliverables
E. Team qualifications and roles of key personnel
F. Summary of up to three similar waterfront/marine in frastructure projects G. Three references with contact information
H. Fee proposal (submitted as a separate document)

V. COMPLIANCE REQUIREMENTS
The selected consultant shall:

1. City of Richmond Ordinance No. 16-12 N.S. Richmond Business Opportunity Ordinance.

2. City of Richmond Ordnance Number 15-10 N.S. Local E mployment Ordinance.

3. Compensation shall be consistent with Prevailing Wa ge Requirements as required by the Department of Industrial Relations.

4. Execute an agreement with the City of Richmond; a c opy of which is included in Attachment C. No changes to this agreement will be made.

5. The City of Richmond requires consultants doing bus iness with it to obtain insurance, as shown in the Attachment C Standard Contract’s Exhibit F. 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 pr ior to the commencement of any work on the Project .

6. The successful Contractor and all subcontractors us ed in the work will be required to hold or to obtain a City of Richmond business license for whic h the fee will not be waived.

7. The Richmond Sanctuary City Contracting Ordinance N o. 12-18 (Attachment D) prohibits the City from granting and or retaining contracts with any p erson or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration an d Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Pro posers must submit the attached Sanctuary City Compliance Statement with their Proposal. (Att achment D)

8. Resolution No. 86-21 (Attachment E), approved by Ci ty Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owner s of Limited Liability Corporations (LLC).

Proposers must submit the attached Disclosure State ment of Limited Liability Companies Form with their Proposal (Attachment E)

VI. SCHEDULE
The City anticipates this effort will be completed as follows:

Task Date
Release RFP Early July 2025
Response Due August 5, 2025
Interviews (if required) August 2 025
City Council Approves Agreement October 2025
Notice to Proceed November 2025

99 RFP – Relocation of the Red Oak Victory

5 VII. SUBMITTAL PROCESS
All proposals shall be submitted electronically via the City’s BidsOnline platform no later than 2:00 PM on August 5, 2025. Late proposals will not be considered. Questions must be submitted through BidsOnline by July 22, 2025.

VIII. EVALUATION CRITERIA
The table below describes the criteria that will be used to review proposals and interview performance, if deemed necessary. The City offers a total of 100 points, weighted as follows:

Criteria Total Points Available
Relevant experience with marine facilities 20
Qualifications of project team and proposed
methodology 20
Value engineering expertise 20
Commitment to local business standards 10
Experience in delivery of design-build bridging
documents 20
Adherence to the parameters contained in this RFP. 10

IX. CITY RIGHTS AND DISCLAIMERS
The City reserves the right to:

• Reject any or all proposals
• Waive technicalities or informalities
• Request additional information
• Cancel or revise the RFP at any time

All materials submitted in response to this RFP become the property of the City and public record. The City is not responsible for pre-contractual costs.

X. BIDS ONLINE CODES
This RFP is advertised to the vendors with the following codes on the BidsOnline system.

91842
92500
92588

100

ATTACHMENT A

FEASIBLITY REPORT AND PROJECT BASIS

101

PORT OF RICHMOND

RELOCATION OF THE SS RED OAK VICTORY

FEASIBLITY ASSESSMENT AND PROJECT BASIS
July 2024
Prepared by:

Updated May 2025
by R Stevens
102
1 PORT OF RICHMOND
RED OAK VICTORY RELOCATION – PROJECT BASIS
Th
e Port of Richmond in collaboration w ith the Red Oak Victory (non-profit organization) intend to relocate the SS Red Oak Victory from Basin Number 5 at the Point Potrero Marine Terminal to a new berth on the east side of the Inner Harbor as shown in the attached plans. This project includes the following elements:

1. S
S Red Oak Victory specifications:
a. Length Between Perpendiculars 444 feet.
b. Beam 62 feet.
c. Average Draft 11 feet.
d. Longitudinal windage area 1092 square feet (SF)
e. Transverse windage area 5,496 SF

2. Moring requirements:
a. Design wind load shall be 85 mph.
b. Maximum allowable hull pressure 58 psi.
c. Provide new foam or pneumatic fenders, steel single bit bollards, and lines with at least 135 kip minimum breaking limit (MBL)
Existing SS Red Oak Victory Moring Plan
103
SS Red Oak Victory Relocation
2 3. Re quirements to move the SS Red Oak Victory:
a. R eplace steel plates on the Red Oak Vic tory as required by the US Coast G uard to move the vessel.
b. T
he Red Oak Victory received a cost pr oposal from Marine and Industrial Services Inc. to complete the work.
c. Ship must have Coast Guard Certificate of Inspection before relocation. d. The vessel’s starboard side must be alongside the wharf. e. Coast Guard to confirm berth location is not a navigational hazard.

4. Berth Requirements:
a. Structure to be at least 3 40 feet long and 40 feet wide. Exte nd concrete paving at least 10 feet along the center of wharf to improve access.
b. Dredge to (-)20 NAVD88
c. Access to vessel does not need to comply with the Americans with Disabilities Act. d. Berth elevation be 16 feet NAVD88 to accommodate 2100 Sea Level Rise. e. Berth structure to have sheet pile wall. A concrete deck to be pile supported depending upon soil conditions.
f. Conc rete deck to support a uniform live load of 500 PSF.

5. Site Requirements:
a. Provide storm water quality treatment consistent with the Contra Costa County Muni cipal Permit.
b. Provide 6 feet tall chain link security fending, two vehicle gates, and one person gate. c. Relocate the Bay Trail and provide amenities such as benches and waste receptables. d. Provide five parking spaces including two accessible stalls. e. Provide an area paved with asphalt for Red Oak amenities. f. Relocated Red Oak storage and ticket office to site.

6. Utility Requirements:
a. Apply to East Bay Municipal Utility District (EBMUD) for fire and potable water services.

Provide all necessary hardware.
b. Provide sanitary sewer lateral.
c. Apply for 480 V at 400 Ampere electrical service from PGE. Provide transformer and panels as necessary.
d. Provide joint communications and electrical trench.
e. Provide area lighting.

7. Approval Process Requirements:
a. Planning approval and California Environmental Quality Act review b. City of Richmond Building Permit
c. Bay Conservation and Development Commission Major Permit d. United States Army Corps of Engineers Sections 404 and 10 e. California State Water Resources Control Board 401 Certification f. California Fish and Wildlife Lake and Streambed Alteration Section 1602 permit g. United States Fish and Wildlife?
h. State of California Lands Commission?
104
SS Red Oak Victory Relocation
3 8. Development Cost and Budget:
a. The approximate cost to plan, design, permit, and construct the project is about $18 million as shown in the attached cost estimate.
b. Currently there is no funding for the project.

9. Procurement and Schedule
a. The Port recommends developing this project through a design-build process to expedite the process and provide the lowest cost.
105
106
107
HYD
SD
SITE PLAN1"=40'
Prepared Under the Direction of:CALIFORNIACONTRA COSTARICHMOND Sheet
Plan File:Project Number:Scale:Date: RevDateDescriptionDesignedDrawnChecked 121 PARK PLACERICHMOND, CA 94801SURVEYINGURBAN PLANNINGWWW.CSWST2.COMRELOCATION OF THE RED OAK VICTOR A-2
108
109
110

RED OAK RELOCATION
Concept Level Cost Estimate

06.15.2025
UNIT
ITEM DESCRIPTION QTY. UNIT COST CONT AMOUNT
101 General Conditions 1 LS $400,000 $400,000
Demolition
102 Clear and Grub 40,000 SF 1.00$ 15% $40,000 103 Rip Rap Removal 1,500 TONS 100.00$ 15% $150,000 104 Tree Removal 10 EA 12,000.00$ 20% $144,000
Dredging
200 Mobilization 1 LS 175,000.00$ 15% $201,250
201 Surveys 1 LS 15,000.00$ 15% $17,250
202 Environmental Protection 1 LS 15,000.00$ 15% $17,250 203 Sediment Dr edging and Transport 8,000 CY 35.00$ 30% $364,000 204 Sediment Disposal Cost 8,000 CY 30.00$ 30% $312,000 Wharf Construction
300 Sheet Pile Wall with Tie Backs 30,000 SF 65.00$ 50% $2,925,000 301 Pile 20 EA 25,000.00$ 50% $750,000
302 Cutoff Wall 1,700 SF 350.00$ 30% $773,500 303 Backfill 4,500 CY 150.00$ 30% $877,500
304 Concrete Deck 14,000 SF 75.00$ 35% $1,417,500 305 Fall Hazard Railing 450 LF 110.00$ 30% $64,350 306 Bollard 9 EA 15,000.00$ 30% $175,500
307 Fender 6 EA 25,000.00$ 30% $195,000
Site Work
400 Concrete Paving 4,000 SF 30.00$ 30% $156,000 401 Asphalt Paving 3,000 SF 15.00$ 30% $58,500 402 Concrete Curbs 200 LF 45.00$ 30% $11,700 403 Fencing 600 LF 40.00$ 25% $30,000
404 Vehicle Gate 2 EA 15,000.00$ 25% $37,500
405 Person Gate 1 EA 2,500.00$ 25% $3,125
406 Striping and Signs 1 LS 15,000.00$ 25% $18,750 407 Bay Trail Amenities 1 LS 35,000.00$ 25% $43,750 408 Water Quality Features 840 SF 250.00$ 25% $262,500 Utilities
400 Fire Water Line 400 LF 200.00$ 30% $104,000 401 Fire Water Backflow 1 EA 20,000.00$ 30% $26,000 402 Fire Hydrant 1 EA 15,000.00$ 30% $19,500
403 PIV/ FDC 1 EA 10,000.00$ 30% $13,000
404 Ship to Shore Firewater Connection 1 EA 3,000.00$ 30% $3,900 400 Potable Water Line 400 LF 180.00$ 30% $93,600 401 Potable Water Line Backflow 1 EA 2,500.00$ 30% $3,250 402 Ship to Shore Potable Water Connection 1 EA 1,500.00$ 30% $1,950 403 Sanitary Sewer Pipe 400 LF 250.00$ 30% $130,000 404 Ship to Shore Sewer Connection 1 EA 1,500.00$ 30% $1,950 405 Culvert Extension 10 LF 800.00$ 30% $10,400 406 12" Storm Drain Pipe 200 LF 190.00$ 30% $49,400 407 Storm Drain Inlet 2 EA 4,500.00$ 30% $11,700 408 Storm Drain Manhole 1 EA 10,000.00$ 30% $13,000 409 Joint Trench 400 LF 350.00$ 30% $182,000 410 Electric Pull Box 2 EA 8,000.00$ 30% $20,800 111
UNIT
ITEM DESCRIPTION QTY. UNIT COST CONT AMOUNT
411 Communications Pull Box 2 EA 5,000.00$ 30% $13,000 412 Ship to Shore Power/ Com Connection 1 EA 8,000.00$ 30% $10,400 413 Transformer 1 EA 25,000.00$ 30% $32,500
414 Main Panel 1 EA 35,000.00$ 30% $45,500
415 Sub Panel 1 EA 15,000.00$ 30% $19,500
416 120/240 V Conduit and Conductors 400 LF 150.00$ 30% $78,000 417 Area Lights 5 EA 10,000.00$ 30% $65,000
Other Costs
500 Red Oak Tow 1 LS 35,000.00$ 15% $40,250
501 Red Oak Side Shell Steel 1 LS 261,000.00$ 20% $313,200 502 Red Oak Equipment and Shelter Move 1 LS 5,000.00$ 20% $6,000 503 PGE Fee 1 EA 35,000.00$ 20% $42,000
504 EBMUD Fee 1 EA 65,000.00$ 20% $78,000
505 Sewer Connection Fee 1 EA 8,000.00$ 20% $9,600 $10,753,725
Notes

1. Prevailing Wage Rates $645, 224

2. Hu
ll Repair Cost (#501) Per Red Oak Victory $1,075,373
$2,150,745
$75,000
$14,700,000
$15,600,000
$16,400,000
Prepared by: R Stevens
Checked by : None CLASS 5 ESTIMATE
CEQA and Env. Permitting
Total Construction Cost:

Recommended Budget $18 million to $22 million
Final Design
Construction Management
Total Cost (2025 Dollars)
Total Cost (2025 Dollars)
Total Cost (2026 Dollars)
Building/ Regulatory Permits
112
ID Task Name Duration Start Finish
1 SS Red Oak Victory Relocation 912 days Thu 5/15/25 Fri 11/10/28 2 Task 1 Procure Vendor 104 days Thu 5/15/25 Tue 10/7/25 3 Prepare RFP 30 days Thu 5/15/25 Wed 6/25/25
4 Advertise on Bids On Line 30 days Thu 6/26/25 Wed 8/6/25 5 Shortlist Vendors 10 days Thu 8/7/25 Wed 8/20/25
6 Interview 5 days Thu 8/21/25 Wed 8/27/25
7 Select Preferred Vendor 5 days Thu 8/28/25 Wed 9/3/25 8 City Council Approval 0 days Tue 10/7/25 Tue 10/7/25
9 Task 2 Planning and Environmetnal
Assessment
495 days Tue 11/18/25 Tue 10/12/27
10 NTP 0 days Tue 11/18/25 Tue 11/18/25
11 Existing Conditions Assessment 45 days Wed 11/19/25 Tue 1/20/26 12 Design 180 days Wed 1/21/26 Tue 9/29/26
13 Prepare 10% Design 45 days Wed 1/21/26 Tue 3/24/26
14 Consultant, Red Oak, and Port
Coordination
30 days Wed 3/25/26 Tue 5/5/26
15 Revise 10% Design 15 days Wed 9/9/26 Tue 9/29/26
16 Planning 255 days Wed 5/6/26 Tue 4/27/27
17 Planning Review 30 days Wed 5/6/26 Tue 6/16/26
18 City and BCDC DRB and Hearings 60 days Wed 6/17/26 Tue 9/8/26 19 Prepare for Planning Commission 20 days Wed 9/30/26 Tue 10/27/26 20 Planning Commission hearing 0 days Tue 4/27/27 Tue 4/27/27 21 CEQA 130 days Wed 10/28/26Tue 4/27/27
22 Prepare Project Description 15 days Wed 10/28/26 Tue 11/17/26 23 Complete Initial Study 45 days Wed 11/18/26 Tue 1/19/27 24 Prepare Draft MND 20 days Wed 1/20/27 Tue 2/16/27
25 Public Review 30 days Wed 2/17/27 Tue 3/30/27
26 Prepare Final ISMND 20 days Wed 3/31/27 Tue 4/27/27
27 CEQA Certification 0 days Tue 4/27/27 Tue 4/27/27
28 Permitting 120 days Wed 4/28/27 Tue 10/12/27
36 Task 3 Design-Build Procurement 133 days Tue 4/27/27 Fri 10/29/27 43 Task 4 Final Design 145 days Mon 11/1/27 Fri 5/19/28 49 Task 5 Construction 125 days Mon 5/22/28 Fri 11/10/28 10/7
11/18
4/27
4/27
May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov 2026 2027 2028
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Deadline
Progress
Manual Progress

Page 1 ends

Project: msproj11
Date: Wed 6/18/25
113
RFP – Relocation of the Red Oak Victory

ATTACHMENT B

BATHYMETRIC DATA

114

ENGINEERSSURVEYORS
3100 Dutton Avenue, Suite 120
Santa Rosa, CA 95407
Phone (707) 595-3492
GAHAGAN & BRYANT ASSOCIATES, INC.

SHADING LEGEND
ABOVE 5'
5' TO 10'
10' TO 15'
15' TO 20'
20' TO 25'
25' TO 30'
30' TO 35'
35' TO 40'
40' TO 45'
BELOW 45'
115
RFP – Relocation of the Red Oak Victory

ATTACHMENT C

STANDARD CONTRACT

116

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: 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:

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 Exhibit A:

Service Plan which is attached hereto and incorporated herein. [ ] A California corporation , [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]______________________________ [ ] other [specify:]__________________________________ 117

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

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

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

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

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

10. 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:

Title By:

I hereby certify that this Contract Title:
has been approved by City Council
or the City Manager. Date Signed:

By:

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

By:

By: Title:

City Attorney
Date Signed:

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
118
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]:

119
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, photo copying, meals and travel, etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
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.

4. 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.

5. 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.

6. 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. 120
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; (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 –
Richmond, CA 94804
Email: ______________________________________________________

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

Business Name
Street Address
City, State Zip
Email: ______________________________________________________ 121
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 exce pt 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 t o 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, disability (both mental and physical) including HIV and AIDS, medi cal condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political 122
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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 t o 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. 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.
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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 circumst ances 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 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 124
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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 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 125
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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 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, 126
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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. 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 127
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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 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 128
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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, 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 129
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United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 130
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EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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EXHIBIT F

INSURANCE PROVISIONS
___ Check here if Risk Management has approved waiving insurance requirements for this contract.
a. 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 Sections 10.b. (1) through (5) 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 described in Section 17.f. prior t o 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.
b. COVERAGE REQUIREMENTS:

Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional 132
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Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Professional Liability:

Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Contractor’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology -based, in the following minimum limits:
$2,000,000 each occurrence
Technology professional liability errors and omissions shall include, or be endorsed to include: property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of Contractor. If not covered under Contractor’s liability policy, such “property” coverage of the City may be endorsed onto Contractor’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Contractor. (5) Cyber Liability:

Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor in this Contract and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.
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As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:

Contractor hereby agrees to waive rights of subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors. d. 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.
e. ADDITIONAL INSUREDS:

The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additi onal insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An y additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

Additional Insured coverage under Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self -insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. 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. 134

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

The undersigned, an authorized agent of (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. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

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ATTACHMENT D

RICHMOND SANCTUARY CITY CONTRACTING ORDINANCE NO. 12-18

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CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, an authorized agent of (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. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

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ATTACHMENT E

RESOLUTION NO. 86-21 - DISCLOSURE STATEMENT OF LIMITED LIABILITY COMPANIES FORM

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Disclosure Statement for Limited Liability Companies
This Statement Shall be included with all Bid and Proposal Submissions Is your Business a Limited Liability Company (LLC)? YES NO If you answered YES, please provide the City with the names and business addresses of any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and “Beneficial Owners” of the applying LLC. A Beneficial Owner is any person or entity who: (1) exercises substantial control over the applying LLC; (2) owns 25% or more of the interest in the applying LLC; or (3) receives substantial economic benefits from the assets of the applying LLC. If any LLC shareholder, director, officer, member, manager, other authorized person, partner, or Beneficial Owner is itself an LLC or other business entity, the names and business addresses must also be provided for any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and Beneficial Owners of that LLC or other business entity all the way up through each entity in the organizational chart until ultimate ownership by individual people is disclosed.

Name: _____________________
Title: _____________________
Address:__________________________________________

Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
☐ Check this box if additional ownership information is attached to this Disclosure Statement.

In signing this Disclosure Statement, I represent that the information submitted in this Disclosure Statement, and any attachments, is true and correct.

Signature: _____________________
Printed Name: _____________________
Title: _____________________
Date: _____________________

144

RELOCATION OF THE SS RED OAK VICTORY
Submittal date 8/15/2025
Contacts
Liftech Erik Soderberg [email protected] 510.285.0121 Moffat and Nichol Matt Trowbridge [email protected] 510.788.8959

SUMMARY OF SCORING
Criteria Total Points
Available Liftech
Moffat and
Nichol
Relevant experience with marine
facilities 20 19 18
Qualifications of project team and
proposed methodology 20 20 19
Value engineering expertise 20 19 18
Commitment to local business
standards 10 8 7
Experience in delivery of design-
build bridging documents 20 19 18
Adherence to the parameters
contained in this RFP. 10 9 9
100 94 89
Assembed by R Stevens
145

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.

Economic Development/Port
Charles Gerard
[email protected]
(510) 620-6792
Red Oak Victory Relocation Design and Study
Liftech Consultants Inc.
1901 Harrison Street, Suite 1200
Oakland, CA 94612-3574
Sugi Loni
(510) 832-5606
[email protected]
December 2, 2025
June 30, 2027
299,797.00
146

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

Liftech Consultants Inc.
147
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]:

Liftech Consultants Inc.

Scope of work, fee proposal, and RFP attached.
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A. Proposed Approach and Methodology by Task
Liftech’s team approach to the scope of work outlined in the RFP follows:

1. Existing Condition Analysis
The Liftech team will review existing documents and perform a site visit with the Port’s staff and stakeholders to understand the site conditions and constraints.

ENGEO will rely on existing subsurface data to characterize the subsurface condition near the proposed berthing location and provide geotechnical recommendations to support preliminary engineering, seismic design, and CEQA documentation. ENGEO has previously drilled borings in support of the Richmond Ferry Terminal to the south of the location. We also have borings north of the site in our subsurface database from work by other consultants at Terminals 2 and

3. We will request from the Port any geotechnical investigation performed in the surrounding areas, if available. The findings will be summarized in a geotechnical recommendation report to support preliminary engineering, seismic design, and CEQA documentation.

WRA will conduct a desktop review to assess sensitive environmental resources within the vicinity of the proposed project area (final mooring site). The review will include queries of environmental databases such as the National Marine and Fisheries Service (NMFS) Critical Fish Habitat Maps, United States Fish and Wildlife (USFWS) List of Federal Endangered and Threatened Species List, USFWS National Wetlands Inventory, California Natural Diversity Database (CNDDB), and California Consortium of Herbaria (CCH). Potential sensitive resources will be spatially framed within the context of the proposed project location using publicly available historic and contemporary satellite aerial photographs. The findings will be summarized in a memorandum report.

Ellen Johnck will provide advice on strategies and approach to permitting assessment.

Because of Ellen’s academic and project experience in cultural resources management (CRM) planning and permitting, her advisory role will cover the state and federal historic preservation laws and regulations involved in permitting the relocation of the SS Red Oak Victory (Victory Ship), a CA Historical Resource/National Register Landmark #N2117 from Richmond Shipyard Number Three (a CA and National Register Landmark #N2095) to the new site.

Argonautics will analyze the moored vessel for design storm conditions and provide design loads.

2. Value Engineering
The purpose of value engineering is to identify viable methods to reduce the costs to moor the vessel while providing proper access and utilities. To accomplish this objective, the Liftech team will conduct a Planning and Analysis (P&A) study and discussion with the Port and stakeholders up to three iterations. Of critical importance, we will vet our design ideas with marine contractors.

Kick-off Meeting
The Liftech team will meet with the Port and stakeholders to confirm the project data and goals as outlined in the document titled: “Feasibility Assessment and Project Basis, Relocation of the SS Red Oak Victory, Port of Richmond, updated May 2025.” Our team will clarify additional project goals that need to be addressed. We will summarize our understanding in a memorandum format and distribute it to the project team as the basis for P&A studies.

Planning and Analysis – First Iteration
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Based on information collected at the kick-off meeting, the Liftech team will develop three conceptual plans with a pro and con discussion for each concept. We will consider future modifications for development into a more comprehensive facility to serve various marine uses.

We will consider one concept as a float concept. The pro and con discussions will focus on the marine structural plan, geotechnical considerations, and permitting challenges. We will have qualitative discussion of relative cost for each option.

We will prepare a PowerPoint presentation to facilitate a working discussion with the Port’s staff and stakeholders, solicit input, and identify viable design concepts.

Planning and Analysis – Second Iteration
Based on input obtained, the Liftech team will refine concepts to two viable concepts. We will prepare conceptual cost estimates for each and prepare a pro and con comparison.

We will prepare a PowerPoint presentation to facilitate a working discussion with the Port’s staff and stakeholders, soliciting input for a preferred concept.

Planning and Analysis - Third Iteration
The Liftech team will finalize the preferred concept that will be used as a basis for project scoping for environmental permitting assessment and preliminary engineering development.

We will summarize the project basis for the preferred concept plan in a submittal to the Port and stakeholders.

3. Permitting Pathway Assessment
Following the identification of environmental constraints and potentially feasible alternatives, WRA will provide a detailed environmental permitting pathway for the proposed project. A permitting matrix will be produced detailing a proposed schedule of necessary permitting and consultation items as required by each associated agency. Agencies likely to be considered within the matrix include USACE, RWQCB, CDFW, USFWS, NMFS, and BCDC. The matrix will include proposed schedule dates for required agency coordination items such as interagency meetings (USACE pre-file notifications (RWQCB), and other necessary consultations.

Estimated timelines for the permit review and approval process will be provided within the context of each relevant agency, referencing applicable statutory deadlines where available.

Additionally, WRA will provide estimated permit application fees for each agency where applicable. Based on the most current fee schedules available, WRA will briefly consult agencies to ensure proper permit application processes are followed.

Ellen Johnck and WRA will strategize the permit application process and address the historical aspects of the vessel relocation.

4. Preliminary Engineering
We will perform conceptual engineering to size major marine structural components, such as piling, wharf deck, fenders, bollards that are required to moor the SS Red Oak Victory ship, and access from the landside to the ship. We will prepare engineering drawings with project notes outlining the design criteria and general notes. We will use the preliminary engineering drawings to prepare Class 5 rough order of magnitude (ROM) cost estimate for the marine components. The Port will furnish the cost estimates for landside improvements.

We will estimate the dredging volume and identify additional geotechnical data needed to support the bridging documents for the final design.
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We will develop a preliminary project description which includes proposed timing, location, equipment, minimizing measures, and best management practices for compliant implementation of the project.

5. CEQA Support
Due to the preliminary nature of the project, the preliminary project description will not be prepared with the intent of satisfying practitioner-level standards for California Environmental Quality Act (CEQA) review but may be used for reference for the CEQA application.

We include a nominal time for responding to initial inquiries during the CEQA analysis. We exclude any time for public review. The public review effort will be performed as an optional service.

6. Project Management and Coordination
Liftech will manage subconsultant work and coordinate the work with the Port. Sugi Loni will be the lead project manager supported by Derrick Lind providing the Port two points of contact throughout the project. We will support Port staff at two virtual meetings with representatives of the Red Oak to review the concepts and one neighborhood Council meeting. The Port will prepare and lead the presentation. Liftech team will support by providing and presenting technical aspects.

7. Assumptions and Exclusions
The landside work, e.g., interface with roads and utilities, will be provided by the Port.

We believe that discussion with the State Historic Preservation Officer (SHPO) will be required.

This work is excluded and assumed to be performed in the next phase of design.

CEQA application and public comments are an exhausting process. Our scope in this proposal is limited to identify a pathway. Task 6b is assumed to be performed in the next phase of design. WRA is willing and qualified to prepare permit application packages for environmental compliance with each of the regulatory agencies identified in the Permitting Pathway Assessment. WRA would coordinate with agencies, attend required pre-file agenda items, and prepare all materials for submission of permit applications on behalf of the Port through online portals or by mail as appropriate.

Soil exploration including CPT tests and soil borings will be performed in the next phase of design.

Exclude D/B bridging documents.

Exclude CEQA and SHPO applications.

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152
Fee Estimate for Berth Layout Concepts and Permitting Assessment for SS Red Oak Victory Ship Relocation
Date: 8/5/2025
By: SL Chk'd: EGS
Sr. Struct Sr. Struct Struc Project Design Struct Subtotal Subtotal Subs & 10% Subtotal Engr Engr/PM Engr Engr/PM Engr Drft Admin Hours Labor Cost Expenses Markup Cost Task Descriptions 2025 Billing Rates $315 $265 $260 $230 $190 $180 $145 (hrs) ($) ($) ($) ($) Task 1 - Existing Condition Analysis

1.1 Document Review and Site Visit
a Review available documents and reports to
understand the site conditions
2 8 8 18 $4,830 $10,036 $1,004 $15,870
b Site visits 4 4 8 $2,320 $0 $2,320
c ENGEO geotechnical reports review/site visit 2 2 4 $1,050 $27,000 $2,700 $30,750 d WRA - Desktop review/site visit 2 2 $530 $6,300 $630 $7,460 e Ellen Johnck site visit/document review 2 2 $530 $2,500 $250 $3,280 Subtotal 34 $9,260 $45,836 $4,584 $59,680
Task 2 - Value Engineering

2.1 Kick-off Meeting
a Meeting with Port and stakeholders and preparation 2 8 2 12 $3,270 $3,176 $318 $6,764 b
Memo summarizing project data 2 8 2 2 14 $3,560 $5,594 $559 $9,713

2.2 P&A - First Iteration
a Develop up to three concepts 8 8 24 40 $10,880 $4,000 $400 $15,280 b Prepare PowerPoint presentation 2 4 8 4 18 $4,350 $0 $4,350 c Discussion meeting with project team 4 4 4 12 $3,360 $0 $3,360 d ENGEO input and meeting participation 0 $0 $2,500 $250 $2,750 e
WRA input and meeting participation 0 $0 $2,500 $250 $2,750 f Ellen Johnck input and meeting participation 0 $0 $2,500 $250 $2,750

2.3 P&A - Second Iteration
a Refine initial concepts to two 8 8 24 40 $10,880 $0 $10,880 b Prepare Conceptual Cost Estimates 4 8 12 $2,580 $0 $2,580 c Prepare PowerPoint presentation 2 4 8 4 18 $4,350 $0 $4,350 d ENGEO input and meeting participation 0 $0 $2,500 $250 $2,750 e WRA input and meeting participation 0 $0 $2,500 $250 $2,750 f Ellen Johnck input and meeting participation 0 $0 $2,500 $250 $2,750

2.4 P&A - Third Iteration
a Finalize preferred concept 8 8 16 32 $8,800 $0 $8,800 b Update Conceptual Cost Estimates 4 8 12 $2,580 $0 $2,580 c Prepare PowerPoint presentation 2 4 8 4 18 $4,350 $0 $4,350 d ENGEO: finalize recommendation 0 $0 $2,500 $250 $2,750 Subtotal 228 $58,960 $30,270 $3,027 $92,257
Task 3 - Permitting Pathway Assessment

3.1 Permitting Assessment/CEQA Support
WRA - Permitting pathway research and report 0 $0 $12,200 $1,220 $13,420 Ellen Johnck - Permitting advisor and SHPO $0 $10,000 $1,000 $11,000 WRA - Additional Community Meeting $3,850 $385 $4,235
Subtotal 0 $0 $26,050 $2,605 $28,655
Task 4 - Preliminary Engineering

4.1 Mooring analysis and loading by Argonautics 1 1 $315 $6,000 $600 $6,915

4.2 Structural analysis of berthing deck 8 16 32 80 136 $29,240 $0 $29,240

4.3 Prepare conceptual drawings
Title Sheet 2 2 $360 $0 $360
Project Notes and Criteria 1 2 8 2 13 $3,035 $0 $3,035
General Notes 1 1 4 2 8 $1,855 $0 $1,855
Overall site plan and enlarged plan 4 8 16 32 60 $12,780 $0 $12,780 Public and vessel access 2 8 16 32 58 $12,150 $0 $12,150 Cross sections 4 8 16 32 60 $12,780 $0 $12,780

4.4 QA/QC drawings 4 8 4 8 8 16 48 $10,660 $0 $10,660

4.5 Prepare submittal package for Port's review 2 8 8 18 $3,490 $0 $3,490

4.6 Incorporate Port's comments 2 4 4 16 26 $5,490 $0 $5,490

4.7 Finalize deliverables 2 8 8 18 $3,490 $0 $3,490
Subtotal $95,645 $6,000 $600 $102,245
Task 5 Project Management

5.1 Project management and coordination. 1.6 hr/wk x
40 weeks = 64
64 64 $16,960 $0 $16,960
Subtotal 64 $16,960 $0 $0 $16,960
$180,825 $108,156 $10,816 $299,797
Port of Richmond
SS Red Oak Victory Ship Relocation
Total
153
1 REQUEST FOR PROPOSALRELOCATION OF THE SS RED OAK VICTORY PORT OF RICHMOND1322 Canal BoulevardRichmond, CA 94804 154
RFP – Relocation of the Red Oak Victory
2 REQUEST FOR PROPOSALS Preliminary Engineering for the SS Red Oak Victory Relocation I. INTRODUCTION The City of Richmond, acting through the Port of Richmond, is requesting proposals from qualified engineering and environmental consultants to provide services in support of relocating the SS Red Oak Victory from its current berth at the Point Potrero Marine Terminal to a site near the Richmond WETA Ferry Terminal. This effort is in collaboration with the non-profit Red Oak Victory organization. This RFP solicits professional services to complete: 1. An existing conditions assessment, 2. Cost analysis and value engineering to determine the least costly option to relocate the vessel, 3. A permitting pathway analysis, and 4. Preliminary engineering to the 15% level of design, to support the development of a Project Description for CEQA compliance. The City will serve as the CEQA lead agency and is responsible for completing the CEQA review. The consultant will provide technical support to the City as needed during this process. The City reserves the right to amend the scope of work through a contract amendment to include additional services, including preparation of bridging documents and permit submittals, should the Port proceed with a design-build procurement following CEQA. II. PROJECT BACKGROUND The SS Red Oak Victory is currently berthed at Basin Number 5 at the Point Potrero Marine Terminal. The Port of Richmond intends to relocate the vessel to the east side of the Inner Harbor near the WETA ferry terminal. The new berth must be designed to accommodate the vessel’s specifications, mooring requirements, site access, utility services, environmental protection, and necessary public amenities. A design-build delivery method is preferred to accelerate the project and reduce costs. Attachment A illustrates a concept of the berthing requirements for the Red Oak Victory. There are two options shown. The first is the ideal condition for the Red Oak, which neither the Port nor Red Oak expect to have funding to construct. The alternative option illustrates the minimum requirements for the Red Oak. Ideally, funding would be available to construct the alternative option initially but could expand to the ideal marine structure if future funding permits. The consultant’s analysis and design must address the following key project elements: Dredging to -20 feet NAVD88 Construction of a marine structure to berth the SS Red Oak Victory Compliance with BCDC, USACE, SWRCB, and other permit requirements The Port will provide design support for the landside elements including the following elements: Shoreline access, parking, Bay Trail realignment, and stormwater treatment Water, sewer, and 480V electrical service Security fencing, lighting, and Red Oak visitor amenities The Port has an allowance of up to $300,000 for this initial task. 155
RFP – Relocation of the Red Oak Victory
3 III. SCOPE OF SERVICES The selected consultant shall provide the following services: 1. Existing Conditions Analysis a. Soil conditions and bank stability b. Environmental constraints 2. Value Engineering a. There are no identified funds to finalize the design and construct the project. Complete a value engineering exercise to establish an approach to construct a berth that meets the Red Oak’s needs at the lowest cost. See the attached drawings that illustrate the optimum and minimized needs. 3. Permitting Pathway Assessment b. Identify required federal, state, regional, and local permits c. Prepare a permitting matrix and timeline d. Coordinate with regulatory agencies to clarify submittal needs 4. Preliminary Engineering (15% Design) a. Prepare concept-level wharf layout, mooring plan, and structure b. Provide utility connections from on the wharf to the ship c. Develop preliminary dredging volumes d. Provide engineering basis of design and Class 5 cost estimate. The Port will support the consultant with site and utility costs. e. Identify geotechnical and bathymetric data needs for final design 5. CEQA Support a. Prepare a project description and figures for use by the City’s CEQA consultant b. Respond to technical inquiries during CEQA analysis and public review 6. Optional Services (to be scoped and negotiated at the Port’s discretion) a. Preparation of bridging documents for design-build procurement b. Preparation of permit application packages and regulatory coordination c. Additional design support post-CEQA III. PORT PROVIDED SUPPORT The Port will support the consultant with the following: 1. Existing bathymetric data. 2. Shoreline and site topography. 3. Previous berthing calculations for the Red Oak. 4. Landside layout and utility design support including plan preparation. IV. PROPOSAL REQUIREMENTS Proposals shall not exceed 25 single-sided pages, excluding resumes, cover letter, and required attachments. Each proposal must include:
156
157
RFP – Relocation of the Red Oak Victory
5 VII. SUBMITTAL PROCESS All proposals shall be submitted electronically via the City’s BidsOnline platform no later than 2:00 PM on August 5, 2025. Late proposals will not be considered. Questions must be submitted through BidsOnline by July 22, 2025. VIII. EVALUATION CRITERIA The table below describes the criteria that will be used to review proposals and interview performance, if deemed necessary. The City offers a total of 100 points, weighted as follows: CriteriaTotal Points AvailableRelevant experience with marine facilities 20 Qualifications of project team and proposed methodology 20 Value engineering expertise20 Commitment to local business standards 10 Experience in delivery of design-build bridging documents 20 Adherence to the parameters contained in this RFP. 10 IX. CITY RIGHTS AND DISCLAIMERS The City reserves the right to: Reject any or all proposals Waive technicalities or informalities Request additional information Cancel or revise the RFP at any time All materials submitted in response to this RFP become the property of the City and public record. The City is not responsible for pre-contractual costs. X. BIDS ONLINE CODES This RFP is advertised to the vendors with the following codes on the BidsOnline system.91842 92500 92588 158

ATTACHMENT A FEASIBLITY REPORT AND PROJECT BASIS
159

PORT OF RICHMONDRELOCATION OF THE SS RED OAK VICTORYFEASIBLITY ASSESSMENT AND PROJECT BASIS July 2024Prepared by:

Updated
160
1 PORT OF RICHMONDRED OAK VICTORY RELOCATION – PROJECT BASISThe Port of Richmond in collaboration with the Red Oak Victory (non-profit organization) intend to relocate the SS Red Oak Victory from Basin Number 5 at the Point Potrero Marine Terminal to a new berth on the east side of the Inner Harbor as shown in the attached plans. This project includes the following elements:1. SS Red Oak Victory specifications:a. Length Between Perpendiculars 444 feet.b. Beam 62 feet.c. Average Draft 11 feet.d. Longitudinal windage area 1092 square feet (SF)e. Transverse windage area 5,496 SF2. Moring requirements:a. Design wind load shall be 85 mph.b. Maximum allowable hull pressure 58 psi.c. Provide new foam or pneumatic fenders, steel single bit bollards, and lines with at least135 kip minimum breaking limit (MBL) Existing SS Red Oak Victory Moring Plan
161
SS Red Oak Victory Relocation
2 3. Requirements to move the SS Red Oak Victory:a. Replace steel plates on the Red Oak Victory as required by the US Coast Guard to movethe vessel.b. The Red Oak Victory received a cost proposal from Marine and Industrial Services Inc. tocomplete the work.c. Ship must have Coast Guard Certificate of Inspection before relocation.d. The vessel’s starboard side must be alongside the wharf.e. Coast Guard to confirm berth location is not a navigational hazard.4. Berth Requirements:a. Structure to be at least 340 feet long and 40 feet wide. Extend concrete paving at least10 feet along the center of wharf to improve access.b. Dredge to (-)20 NAVD88c. Access to vessel does not need to comply with the Americans with Disabilities Act.d. Berth elevation be 16 feet NAVD88 to accommodate 2100 Sea Level Rise.e. Berth structure to have sheet pile wall. A concrete deck to be pile supported dependingupon soil conditions.f. Concrete deck to support a uniform live load of 500 PSF.5. Site Requirements:a. Provide storm water quality treatment consistent with the Contra Costa County MunicipalPermit.b. Provide 6 feet tall chain link security fending, two vehicle gates, and one person gate.c. Relocate the Bay Trail and provide amenities such as benches and waste receptables.d. Provide five parking spaces including two accessible stalls.e. Provide an area paved with asphalt for Red Oak amenities.f. Relocated Red Oak storage and ticket office to site.6. Utility Requirements:a. Apply to East Bay Municipal Utility District (EBMUD) for fire and potable water services.Provide all necessary hardware.b. Provide sanitary sewer lateral.c. Apply for 480 V at 400 Ampere electrical service from PGE. Provide transformer andpanels as necessary.d. Provide joint communications and electrical trench.e. Provide area lighting.7. Approval Process Requirements:a. Planning approval and California Environmental Quality Act reviewb. City of Richmond Building Permitc. Bay Conservation and Development Commission Major Permitd. United States Army Corps of Engineers Sections 404 and 10e. California State Water Resources Control Board 401 Certificationf. California Fish and Wildlife Lake and Streambed Alteration Section 1602 permitg. United States Fish and Wildlife?h. State of California Lands Commission? 162
SS Red Oak Victory Relocation
3 Development Cost and Budget:The approximate cost to plan, design, permit, and construct the project is about $1million as shown in the attached cost estimate.Currently there is no funding for the project.Procurement and ScheduleThe Port recommends developing this project through a design-build process to expeditethe process and provide the lowest cost. 163
164
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RED OAK RELOCATIONConcept Level Cost Estimate06.15.2025UNITITEM DESCRIPTION QTY. UNIT COST CONT AMOUNT101 General Conditions1LS $400,000 $400,000Demolition102 Clear and Grub40,000SF 1.00$ 15% $40,000103 Rip Rap Removal1,500TONS 100.00$ 15% $150,000104 Tree Removal10EA 12,000.00$ 20% $144,000Dredging200 Mobilization1LS 175,000.00$ 15% $201,250201 Surveys1LS 15,000.00$ 15% $17,250202 Environmental Protection1LS 15,000.00$ 15% $17,250203 Sediment Dredging and Transport8,000CY 35.00$ 30% $364,000204 Sediment Disposal Cost8,000CY 30.00$ 30% $312,000Wharf Construction300 Sheet Pile Wall with Tie Backs30,000SF 65.00$ 50% $2,925,000301 Pile20EA 25,000.00$ 50% $750,000302 Cutoff Wall1,700SF 350.00$ 30% $773,500303 Backfill4,500CY 150.00$ 30% $877,500304 Concrete Deck14,000SF 75.00$ 35% $1,417,500305 Fall Hazard Railing450LF 110.00$ 30% $64,350306 Bollard9EA 15,000.00$ 30% $175,500307 Fender6EA 25,000.00$ 30% $195,000Site Work400 Concrete Paving4,000SF 30.00$ 30% $156,000401 Asphalt Paving3,000SF 15.00$ 30% $58,500402 Concrete Curbs200LF 45.00$ 30% $11,700403 Fencing600LF 40.00$ 25% $30,000404 Vehicle Gate2EA 15,000.00$ 25% $37,500405 Person Gate1EA 2,500.00$ 25% $3,125406 Striping and Signs1LS 15,000.00$ 25% $18,750407 Bay Trail Amenities1LS 35,000.00$ 25% $43,750408 Water Quality Features840SF 250.00$ 25% $262,500Utilities400 Fire Water Line400LF 200.00$ 30% $104,000401 Fire Water Backflow1EA 20,000.00$ 30% $26,000402 Fire Hydrant1EA 15,000.00$ 30% $19,500403 PIV/ FDC1EA 10,000.00$ 30% $13,000404 Ship to Shore Firewater Connection1EA 3,000.00$ 30% $3,900400 Potable Water Line400LF 180.00$ 30% $93,600401 Potable Water Line Backflow1EA 2,500.00$ 30% $3,250402 Ship to Shore Potable Water Connection1EA 1,500.00$ 30% $1,950403 Sanitary Sewer Pipe400LF 250.00$ 30% $130,000404 Ship to Shore Sewer Connection1EA 1,500.00$ 30% $1,950405 Culvert Extension10LF 800.00$ 30% $10,400406 12" Storm Drain Pipe200LF 190.00$ 30% $49,400407 Storm Drain Inlet2EA 4,500.00$ 30% $11,700408 Storm Drain Manhole1EA 10,000.00$ 30% $13,000409 Joint Trench400LF 350.00$ 30% $182,000410 Electric Pull Box2EA 8,000.00$ 30% $20,800 169
UNITITEM DESCRIPTION QTY. UNIT COST CONT AMOUNT411 Communications Pull Box2EA 5,000.00$ 30% $13,000412 Ship to Shore Power/ Com Connection1EA 8,000.00$ 30% $10,400413 Transformer1EA 25,000.00$ 30% $32,500414 Main Panel1EA 35,000.00$ 30% $45,500415 Sub Panel1EA 15,000.00$ 30% $19,500416 120/240 V Conduit and Conductors400LF 150.00$ 30% $78,000417 Area Lights5EA 10,000.00$ 30% $65,000Other Costs500 Red Oak Tow 1LS 35,000.00$ 15% $40,250501 Red Oak Side Shell Steel1LS 261,000.00$ 20% $313,200502 Red Oak Equipment and Shelter Move1LS 5,000.00$ 20% $6,000503 PGE Fee1EA 35,000.00$ 20% $42,000504 EBMUD Fee1EA 65,000.00$ 20% $78,000505 Sewer Connection Fee1EA 8,000.00$ 20% $9,600$10,753,725Notes1. Prevailing Wage Rates$645,2242. Hull Repair Cost (#501) Per Red Oak Victory$1,075,373$2,150,745$75,000$14,700,000$15,600,000$16,400,000Prepared by: R StevensChecked by : NoneCLASS 5 ESTIMATECEQA and Env. PermittingTotal Construction Cost:Recommended Budget $18 million to $22 millionFinal DesignConstruction ManagementTotal Cost (2025 Dollars)Total Cost (2025 Dollars)Total Cost (2026 Dollars)Building/ Regulatory Permits 170
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EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

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

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

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

2. SUBMISSION OF INVOICES:

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

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

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

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

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

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

Charles Gerard
Charles Gerard
Liftech Consultants Inc.
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Charles Gerard
[email protected]
Liftech Consultants Inc.

Liftech Consultants Inc.
1901 Harrison Street, Suite 1200
Oakland, CA 94612-3574
[email protected]
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, Liftech Consultants Inc.
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disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

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

b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

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

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

7. RECORDS:

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

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

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c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

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

The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:

a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.

b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under Liftech Consultants Inc.
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this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:

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

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

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

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

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

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

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

13. SAFETY:

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

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Liftech Consultants Inc.
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

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

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

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

14. INSURANCE:

Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,

2.52, 2.56, and 2.60, if applicable.

b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.

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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.

d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of Liftech Consultants Inc.
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, Liftech Consultants Inc.
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.

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EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):

Liftech Consultants Inc.

Section of 11 of the General Conditions is revised to read as follows:

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, because 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) and the duty defend shall not apply.

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EXHIBIT F

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

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

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

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

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

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

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
Liftech Consultants Inc.
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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)
Liftech Consultants Inc.
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___ 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.
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___ 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.

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___ 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.

189
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:

Liftech Consultants Inc.
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January 6, 2026 Page 1 of 4

Economic Development

DATE: January 6, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Nannette J. Beacham, Director, Economic Development
Department
Jordon Nesbitt, Administrative Assistant Arts & Culture SUBJECT:

Contracts with Hungry Ghost Productions and Debra
Koppman for Public Art Mural and Mosaic Tile Project
FINANCIAL IMPACT: The total project cost is $250,000, funded entirely by Arts & Culture private developer public art funds associated with the Allen Brothers Steak and Seafood Facility project (Account String: 13564165-400201-36041). The total
appropriation for the project is $250,000; the mosaic
tabletops are budgeted at $40,000 within that total. There is no impact to the General Fund.

PREVIOUS COUNCIL
ACTION:

July 2, 2024

STATEMENT OF THE
ISSUE:

In 2024, the City issued an Request for Proposals for the art installation at Allen Brothers Steak and Seafood
Facility (211 West Cutting Boulevard) to create mural and mosaic tabletops as part of its public art program. One of the initial artist approved by City Council on July 2, 2025, later withdrew after being unable to secure a C-54
license (California specialty license required for ceramic and mosaic tile installation) and meet City insurance
requirements. The City then selected project runner-up
Debra Koppman, who holds the required C-54 license.

City staff seeks City Council approval of two developer- funded contracts: $210,000 with Hungry Ghost
Productions (artist David Burke) for a large-scale mural and $40,000 with Debra Koppman for the mosaic
tabletops.

AGENDA
REPORT
191
January 6, 2026 Page 2 of 4
RECOMMENDED ACTION:

APPROVE two contracts with (1) Hungry Ghost
Productions for the design, fabrication, and installation of a mural in an amount not to exceed $210,000; and (2)
Debra Koppman for the design, fabrication, and
installation of mosaic tabletops in an amount not to
exceed $40,000 for work associated with the Allen
Brothers Steak and Seafood Facility Public Art Project, funded by private developer arts contributions, for terms beginning January 1, 2026, through December 31, 2026
– Economic Development Department/Arts & Culture
(Nannette J. Beacham 510-621-1306/Jordon Nesbitt 510-
620-6787).

BACKGROUND

Per the City’s Public Art Program Ordinance (RMC §6.50.030), private development must either install public art equal to one percent (1%) of building valuation or pay an in-lieu fee.

The Allen Brothers development satisfied this requirement via an in-lieu contribution and delegated on-site public art project management to City Arts & Culture staff.

The City issued an Request for Proposals (RFP) on December 22, 2023 for a 250-linear- foot mural and eight mosaic tabletops (located in a staff seating/patio area) with a proposal deadline in February 2024 (Attachment 1). A five-member selection panel including representatives from Prologis, Allen Brothers, an East Bay arts administrator, and two commissioners from the Richmond Arts and Culture Commission (RACC) reviewed 15 applications and advanced semi-finalists for presentation. (Attachment 2).

The total public art budget was set at $250,000, funded entirely by private developer public art funds. On July 2, 2024, City Council appropriated $250,000 in Arts & Culture private developer funds and approved two artist contracts: Hungry Ghost Productions – $210,000 mural and Wilma Wyss – $40,000 mosaic tabletops (Attachment 3).

Prior to contract execution, artists were required to meet City contracting standards, including State contractor licensing, City vendor registration, and full Type 1 insurance compliance (General Liability, required endorsement language, and Contractors Pollution Liability for murals). While mural projects have historically required a C-33 Painting and Decorating contractor license, California Senate Bill 456 eliminates this requirement for muralists effective January 1, 2026, reflecting a statewide shift in how mural work is classified and regulated.

This regulatory change supports City Council’s prior approval of David Burke (Hungry Ghost Productions) for the Allen Brothers mural. Mr. Burke is an experienced Bay Area muralist with more than two decades of professional practice and a demonstrated record of delivering large-scale civic artworks in compliance with municipal standards. His studio oversees the full scope of mural production—design, fabrication, and installation—using 192
January 6, 2026 Page 3 of 4
durable materials and safety-conscious practices. His work is known for site-specific design that reflects local history and community identity, ensuring both artistic quality and responsible project execution.

PROJECT DETAILS

1. Mural Contract — Hungry Ghost Productions ($210,000) The proposed contract with Hungry Ghost Productions (artist: David Burke) covers the design, fabrication, and installation of a site-specific mural that reflects Richmond’s industrial shoreline, cultural diversity, and historic ties to commerce and transportation.

The RACC recommended this artist following review and public panel scoring.

The mural component aligns with City public art goals to: activate the facility’s public- facing frontage and strengthen the West Cutting Blvd. corridor within the Arts & Culture Strategic Plan.

2. Mosaic Tabletop Contract —Debra Koppman ($40,000)
The mosaic tabletop component was originally awarded to artist Wilma Wyss, with artist Debra Koppman ranked as the runner-up. During contracting, the following occurred:

Date Action
Feb 24, 2025
Staff issued final notice to Ms. Wyss summarizing all missing insurance items, CLSB contractors requirements and directions to share them with her broker or whom ever manages her insurance needs, as they have continued to submit noncompliant material.

March 10, 2025 Ms. Wyss informed staff she will withdraw from the project (Attachment 4).

To maintain schedule and procurement integrity, staff contacted runner-up artist Debra Koppman, who immediately submitted a valid C-54 license, a requirement for permanent mosaic tile installation, which involves setting, bonding, and grouting tile materials, and all required insurance endorsements, fully compliant with City contracting thresholds.

Koppman is an accomplished Bay Area artist and licensed C-33 and C-54 Mural and mosaic specialist with extensive experience in public art design, fabrication, and installation. Her work blends contemporary artistic expression with durable, site- responsive craftsmanship, and her mosaic practice is recognized for its vibrant color, intricate patterning, and strong storytelling elements.

Koppman has completed multiple public and private commissions across the region and is fully versed in municipal contracting, safety standards, and long-term maintenance considerations. Her practice emphasizes community relevance and high-quality, enduring artwork tailored to each project site.

Debra Koppman will design, fabricate, and install eight mosaic tabletops, coordinated with the mural team for stylistic alignment. Her concept integrates themes of: Ohlone heritage, 193
January 6, 2026 Page 4 of 4
Commercial fishing & shipyards, Japanese-American nursery history, Richmond water/nature, and local culture.

3. Project Schedule & Term
Both contracts are structured for the term: January 1, 2026 – June 30, 2026 This allows sufficient time for final design review, fabrication, coordination with developer’s operational schedule, on-site installation, and RACC acceptance.

Approval of these contracts will allow the City, developer, and Richmond Arts and Culture Commission to deliver a cohesive, high-quality public art project that complies with Richmond Municipal Code §6.50.030 and reflects community values through site-specific artistic interpretation (Attachments 5 and 6). Upon City Council approval, staff will execute the agreements, verify insurance and business licensing, finalize designs, coordinate fabrication and installation, conduct required inspections, and return to the Richmond Arts and Culture Commission for acceptance of the completed artworks into the City’s Public Art Inventory.

SYNERGYISTICE POLICIES

 Supports the City’s Arts and Culture General Plan 2030 GOAL AC1: Celebrate diversity and raise social and cultural awareness of Richmond’s citizens and visitors through a variety of artistic programs and forms of expression.  Supports the City’s Arts and Culture General Plan 2030 GOAL AC2: Weave arts and culture into all aspects of community life to build civic pride and identity, improve quality of life for residents and visitors

DOCUMENTS ATTACHED:

Attachment 1 - RFQ/P
Attachment 2 - Allen Brother Mural and Mosaic Tile Scoring Matrix Attachment 3 - July 2, 2024 Council Approval of Allen Brothers Public Art Contracts Attachment 4 - Wilma Wyss Withdraw Statement
Attachment 5 - Drafted Contract for Hungry Ghost Productions Attachment 6 - Drafted Contract for Debbie Koppman

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