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Attachment 3e - Proposed Agreement Smith Emery.pdf

Richmond City Council
October 6, 2026

Document
Attachment 3e - Proposed Agreement Smith Emery.pdf
Meeting
October 6, 2026
Body
Richmond City Council
Original file
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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.

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________

2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.

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

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

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

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

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

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

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

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

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

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________ I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

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

City of Richmond
Request for Qualifications
On-Call Materials Testing and
Special Inspection Services
August 28,2026
1940 Oakdale Avenue
San Francisco, CA 94124
1 9 0 4

SMITH-EMERY SAN FRANCISCO
An Independent Commercial Testing Laboratory, Established 1904 1940 Oakdale Avenue Phone (415) 642-7326
San Francisco, California 94124 www.smithemery.com
August 28, 2026
Josef Munoz, Assistant Deputy Director
City of Richmond
PublicWorksDepartment
RE: RFQ – Special Inspection and Testing Services – City of Richmond Dear Mr. Munoz:

City of Richmond Public Works Department, Engineering Division is soliciting proposals from qualified Testing and Inspection firms to provide a three (3) year materials testing, inspections, special inspection, and related professional engineering services on an on-call or as-needed basis. Smith-Emery San Francisco appreciates the opportunity to present our qualifications to be considered for a contract with the city. Smith-Emery has earned our reputation for reliability and dependable performance throughout our 122-year history. This includes familiarity with requisite forms, processes, and procedures unique to public contracts with different funding sources. Our responsibility is to come through for the city and the citizens of Richmond.

We will parlay this into our successful performance:
 Safety. Implementing best practices for safety for the entire project.  Prompt accurate reporting and test results through our proprietary, cloud-based, robust Laboratory Information Management System (SENow)
 Multi-certified inspectors and proximity to laboratory (located in San Francisco)  Vast experience with projects in California
Quality Staffing and Consistent Availability
Guaranteed to the City of Richmind! We will assign an exceptional, multi-certified special inspector for the duration of any project assignment that guarantees full-time staff. Our dedicated inspectors will work closely with the project team to fulfill the project’s special inspection requirements from project start to completion. We have a comprehensive testing roster with multi-certified inspectors in a large variety of testing methodologies. We offer the city the best inspector staffing availability and we stand behind it.

We Want to Work with the City of Richmond!
Please feel free to contact our Project Manager, Leo Paparelli at [email protected] or 415/642-7326. Our Unique Identifier Number is: FQXJKJPLP895. We have reviewed Attachment D and confirm we will comply. We have attached a signed copy of Attachment C. As the Senior Vice President of Smith-Emery San Francisco, I am authorized to bind the company.

Thank you for considering our qualifications and look forward to working with the City of Richmond.

Sincerely
SMITH-EMERY SAN FRANCISCO, INC.

Gregory Partridge
Senior Vice President
| 2

5.2 FIRM SUMMARY
Smith-Emery San Francisco has been in business since 1904 – established in San Francisco 120 years ago.

In that time, we have grown into the largest laboratory on the West Coast with a diversity of services and capabilities. In addition to our core services of materials testing and inspection, we also offer geotechnical services and geotechnical laboratory. We have a great deal of experience in municipal construction. Having a diversity of services and experience is a direct benefit to our clients as any circumstance can be covered that may arise during the execution of contract services.

Experience with Public Contracts
Understanding how to do business with government entities is essential for a successful contract. SmithEmery understands the need for public agencies to be transparent as they are entrusted with taxpayer funds.

We also know that there are processes and procedures to follow to meet regulatory requirements. We have a great deal of experience on municipal on-call contracts in the Bay Area, as well as the state of California, with cities and counties, as well as other entities such as the Port of Long Beach, Caltrans, and Los Angeles World Airport
Integrated Approach – We Will Work with You!
Smith-Emery approaches our work in the spirit of a collaborative alliance of people, systems, and practices to harness the talents and insights of all to optimize project results, increase value to the owner, reduce waste, and maximize efficiency through all phases of design, fabrication, and construction of a project. We will be a cooperative member of the team with the goal of a harmonious project culture. Key to a collaborative approach is communication. We will provide input regarding scheduling our work, communication, reporting and documentation, as well as be available for meetings or tail-gate discussions Key Personnel
Our Project Manager, Leo Paparelli has over 15 years of experience. He is the lead for Smith-Emery on several contracts including our on-call contract with Contra Costa County and Marin Water District. In any industry, the people behind a company are as important as the company itself and we have assembled a team for the contract that will cover all contingencies, making sure Smith-Emery lives up to our reputation for providing reliable, accurate and responsible performance. We will also offer you access to our in-house experts who can cover any contingency that arises on a project including geotechnical engineering, geology, structural steel experts, metallurgical experts.

Communication
Our approach begins with a deep understanding of our clients' project’s unique needs and business objectives. We prioritize active collaboration to ensure that we are fully aligned with your vision. SmithEmery prides itself on never missing a dispatch. We know that things come up on construction projects and we may have to be flexible and responsive in order to keep the project moving. Not matter what – we show up!
| 3

5.3 Firm Profile and Qualifications
Smith-Emery Laboratories has been in business since 1904 – established in San Francisco 122 years ago. In that time, we have grown into the largest laboratory on the West Coast with a diversity of services and capabilities.

Smith-Emery has a large local workforce and has over 300 inspectors in California and 200+ in Northern California.

Additionally, we have a strong management and engineering staff. Overall, the company has over 350 staff in California and worldwide. Many of our inspectors are multi-certified in a wide variety of tests to streamline field work and save our clients’ money!

CORPORATE
Smith-Emery San Francisco
FIT: 26-1583660
S-Corporation – State of California
Est. 1904

CONTACT
Leo Paparelli
Project Manager
[email protected]
415/642-7326
LOCATION:
1940 Oakdale Avenue
San Francisco, CA 94124

ACCREDIATIONS
#1000033521 – DIR
CALTRANS. AASHTO, ASTM, DSA-LEA
Inspections Engineering
Reinforced Concrete
Batch Plant
Shotcrete
Structural Masonry
Precast Fabrication
Post-tensioned Concrete Timber
Post-Installed Anchors Epoxy
Material Identification
Field Welding-Visual Inspection
High Strength Bolting
Intumescent Paint
Fireproofing
Waterproofing
Roofing
Soils
Environmental
Hot Mix Asphalt
Non-Destructive Testing (NDT)
Structural Investigations
Fiberwrap
Structural Steel Fabrication Shop
Non-Destructive Testing (NDT)
Mass Grading Inspection and Testing
Backfill Inspection
Footing Inspections
Hot Mix Asphalt Placement Inspection
Pile Driving and Caisson Inspection
Drilled Foundation Inspections
Shoring Inspections
Inspection of Tie-Back Anchors
Batch Plant Inspections
Laboratory Testing
Physical Laboratory
Geotechnical Soils Laboratory
Analytical Laboratory
Preliminary Soils / Geology Investigation
Site Evaluation
Hydrogeological Site Characterization
Foundation Recommendations
Geologic Mapping
Remedial Grading Recommendations
Liquefaction Studies / Seismic Design
Settlement Analysis
Deep Foundation Design Recommendations
Shoring Design Parameters
Pavement Design
Forensic Investigation
Foundation and Landslide Studies
Earthquake Fault Zone Investigations
Safety
40-Hour OSHA HAZWOPER
Personnel
Dedicated Project Safety Officer
COVID-19 Site Management
Litigation
Smith-Emery has no contracts terminated for convenience or default within the past five (5) years or ligitation.
| 4

5.4 RELEVANT EXPERIENCE
Smith-Emery has Resources, Experience and Capabilities. With one of the largest workforces in California of multi-certified inspectors at our disposal, Smith-Emery can handle major fluctuations in the workload and accomplish any variations of needs as presented in your RFQ. We have special inspectors with the right experience and qualifications available for all special inspection requests under this contract. We are offering an inspection staff of professionals with applicable experience involved in numerous roadway and bridge projects holding professional certifications in AASHTO, Caltrans Test Methods (CTMs), ACI, CWI, ASNT (Level II and III), ICC, AMPP (formerly NACE) (Level II and III), Firestop, and PCI (Level II and III). Our dedicated inspectors and engineers will work closely with you to fulfill all special inspection requirements from project start to completion.

Smith-Emery has years of experience working cities and counties on an on-call basis. We understand what it takes to successfully deliver for cities, counties and local agencies who are accountable to their constituents. Recent and current on calls for Smith-Emery include Cities of Redwood City, Santa Clara, San Mateo, San Bruno, South San Francisco, San Francisco (DPW), San Jose, Counties of Contra Costa, Santa Clara, Marin, Solano. Agencies include Santa Clara Valley Water District, Marin Municipal Water District, BART, Santa Clara Valley Transportation Authority. State agencies include Caltrans District 4, California Department of General Services and California Department of Corrections and Rehabilitation. Smith-Emery has extensive experience with on-call and task order contracts – including with some of the largest agencies in the state including Caltrans, CA Department of General Services, CA Department of Corrections and Rehabilitation, San Francisco Department of Public Works, and Contra Costa County. We also understand the nuances of contracting with public agencies that have procedures for responding to task orders as well as invoicing and other contractual requirements. We understand it is our job to listen and respond in the manner proscribed by the agency.

Contra Costa County On-Call Materials Testing and Inspection for Various Facilities Smith-Emery holds an on-call contract with the Capital
Projects Management (“CPM”) Division of the Public
Works Department, Contra Costa County to provide
materials testing and inspection for County facilities.

Projects we have provided services for include Martinez Detention Facilities, West County Detention Facility,
Oak Grove Center Project, Juvenile Hall Demolition and
New Communication Center and Division Office. We
provided testing and inspection for: rebar, concrete,
soils, structural steel and steel – both field and shop inspections. All projects have been delivered or
currently are on schedule and within the budget. Contact: Contra Costa County Public Works | Jeffrey K. Acuff Division Manager Capital Projects Management | Mobile - 925-595-6001 [email protected] | 5
City of Redwood City On-Call for Geotechnical Investigations and Special Inspection, Materials Testing Smith-Emery has been providing testing and inspection
for the City since 2016 for engineering and
transportation and the community development
department. We have been dispatching inspectors for
several projects under both contracts including the
Redwood City Veterans Memorial Building/Senior
Center. Recent projects we have provided services for
the engineering and transportation department include
Veterans Blvd. Sewer Repair, Sanitary Sewer
Replacement, Curb and Ramp Replacement, Watermain Replacement, Roosevelt Avenue Traffic Calming, Broadway Pavement Overlay and Curb Ramp, Pump Station 8 & 9 Improvements. Contact: Joel Evora | Associate Engineer | 650/780-7328 | [email protected]
City of San Francisco Department of Public Works On-Call for Testing and Inspection Smith-Emery has held contracts with
SFDPW for over a decade working on
projects throughout the city for various
public development and improvement
projects. Projects have included parks,
libraries, fire stations, museums, Better
Market Street improvements. Work scope
includes concrete testing, reinforced
concrete, steel, structural steel, soils and
asphalt. Contact: Roger Hay, SFDPW
Architect | 415-583-5146 | [email protected]
California Department of Transportation, District 4 On-Call for South Bay.

Smith-Emery was awarded a contract to provide materials testing and inspection services to District 4 – South Bay which includes parts of Alameda County Santa Clara, San Mateo, San Francisco counties. Work Smith-Emery and its team is performed includes material control at roadway material processing plants’ operations during the production of Asphalt Concrete, Portland Cement Concrete, and other related materials, sampling and testing rock, sand binders, cements and admixtures according to the California Test Methods and Caltrans’ Construction Manual. We were also responsible for obtaining and testing samples from source locations such as mine quarries and borrow pits and mix designs. Smith-Emery provided staff augmentation to the District 4 – South Bay laboratory.

We also provided field personnel for testing and inspection on the SR-84 project in Alameda County. Due to the volume of work generated by SB-1, we augmented Caltrans laboratory and kept the projects moving. Contact:

Caltrans District 4 | Catalino Nichols | 510/286-7188 | [email protected] Dates: 6/2019 – 7/2022 | 6
San Mateo County Clean Water Program.

The Clean Water Program is a $1 billion, 10-year capital infrastructure improvement program to repair, replace, and upgrade aging sewage conveyance and wastewater treatment infrastructure. The wastewater system serves approximately 170,000 residents in San Mateo, Foster City, Crystal Springs County Sanitation District, and portions of Hillsborough, Belmont, and San Mateo County. The goals of the program are to: replace aging infrastructure, build new sewer capacity, align with sustainability goals, and comply with current and future regulations. Smith-Emery was selected provide materials testing and inspection for the program, Work is at various sites throughout the Cities of San Mateo and Foster City. Work is in support of the goals of the program – water treatment facilities, pipeline upgrades, work to advance sustainability and to meet required regulations. Smith-Emery has been providing soils, soils compaction, concrete, reinforced concrete, steel, structural steel, and other testing, special inspection and laboratory testing. Contact: Bob DeLiso, Program Manager, Jacobs, | 415/342-2221 | [email protected].

Dates: 2021 – current. Construction Costs: $1 Billion (est) Sunnyvale Civic Center Campus, Sunnyvale, CA
The new Civic Center campus in Sunnyvale includes three new facilities: City Hall, Public Safety Emergency
Operations Center Addition and Library, as well as
constructing new public spaces. The new City Hall is a
119,874-square-foot, four-story building, a new
emergency response center, and renovations to the
existing public safety center. The site also includes acres of open space. Smith-Emery provided geotechnical
testing services for the site, as well as inspections and testing for the structural elements of the project.

Contact: Bob DeLiso Jacobs (Construction
Management | 415/342-2221 | [email protected]
City of San Mateo On-Call Materials Testing and Special Inspection, San Mateo, CA Smith-Emery is working with the City of San Mateo on an on-call basis for provide special inspection and materials testing for various civic and capital improvement projects. Projects include roadway, curbs & gutters, traffic signal modifications, water sanitation and transmissions. Jennifer Giles , City of San Mateo | 650-522-7367 | [email protected]
City of Santa Clara On-Call Materials Testing and Special Inspection, Santa Clara, CA Smith-Emery has an on-call contract with the city to provide materials testing and special inspections for street pavement reconstruction & rehabilitation; pedestrian and traffic signal improvements; building construction and renovation; storm drain and sanitary sewer pipeline and pump station rehabilitation; parks and recreation facilities construction and rehabilitation; curb ramp improvements and other capital improvement projects. Contac:

Faranak Mahdavi, PE, Senior Civil Engineer Public Works Department City of Santa Clara | [email protected] | Phone:408-615-3061
| 5

5.5 REFERENCES
California High Speed Rail Construction Package 2 and 3 Dates: 2016 – Current
Services: Geotechnical Engineering, Material Testing and Special Inspection Contract Value: $25,000,000
Robert Lester, Quality Manager
559/356-2149
[email protected]
City of Redwood City
Dates: 2015* - Current
Services: Geotechnical Engineering, Material Testing and Special Inspection Contract Value: Various per Task Order for various projects Joel Evora | Associate Engineer
650/780-7328
[email protected]
*First contract in 2015. Contracts have a 5-year term
Contra Costa County Public Works
Dates: 2021 – Current
Services: Materials Testing and Special Inspection
Contract Value: $200,000
Jeffrey K. Acuff
Division Manager
Capital Projects Management
Office - 925-957-2487
Mobile - 925-595-6001
[email protected]
| 6

5.5 ON-CALL APPROACH AND METHODOLOGY
Project Understanding
The City of Richmond is seeking to contract with professional services for special inspection and materials testing to provide services in support of Capital Improvement Program (CIP) Projects, Public Works maintenance projects, port infrastructure projects, wastewater projects, transportation projects, and other City related construction activities. Services will be provided on a task order basis ‘on-call’ or ‘as-needed.’ Services for testing and inspection will be subject to Richmond Municipal Code requirements, California Building Standards Code, Caltrans Standards and Specifications, and all other applicable local, state, and federal requirements. Scope will be, but not limited to, soils testing, asphalt, concrete, steel, structural steel, masonry,
Smith-Emery has extensive experience with on-call and task order contracts – including with some of the largest agencies in the state including Caltrans, CA Department of General Services, CA Department of Corrections and Rehabilitation, San Francisco Department of Public Works, and Contra Costa County. We understand the nuances of responding to task orders in a timely manner with responsive qualified personnel that are equipped and ready to go
Quality Control System
The ISO 17020 and 17025 accreditations earned by Smith-Emery ensures that our processes and procedures exceed the stringent requirements for providing inspection and testing services. The resulting product delivered by Smith-Emery is of the highest quality. Our processes and procedures are audited on an annual basis by an external 3rd party; in addition to this qualifying audit, our programs are audited internally and by various clients each year. The continuous improvement resulting from these audits translates into a continuously improving product for our clients. The full Quality Management System (QMS) documentation will be submitted upon being selected; the following sections are highlights from our QMS program:

To ensure that all testing and inspection reports are completed timely, accurately, and fully coordinated, Smith-Emery utilizes our proprietary system, SENow. This system is web-based for easy accessibility. The system generates a tracking number when a dispatch is assigned, or lab test requested which creates a reporting platform. The report is filled out in the system by inspector or lab tech performing the services. Once the report is completed and box checked “completed” an email alert is sent to Project Engineer and Project Manager. After the report is reviewed and approved, and all boxes checked, which can only be done by PE or PM, it is sent out to distribution. SENow is web-based and can be utilized by ALL team members, consultants and any subconsultants.

Tracking Open Items for Resolution
Smith-Emery tracks open items related by utilizing a list of non-conforming (NCR) items and maintaining it throughout the duration of the project, referred to as a rolling punch list. A rolling list is the most common approach to managing open items efficiently and proactively, thereby minimizing the likelihood of having to grapple with large number of NCR items at the end of a major project. A rolling list entails constantly verifying the work status throughout the duration of the project, with a rigid closeout schedule being assigned to each task. Finishing the project error-free requires planning, communication, and managing the punch list throughout the project. We use the list as a communication tool between the general contractor and owner’s project management representative to make clear what outstanding work or issues remain in the construction project. We review the list every day and note items in our daily and weekly inspection reports. | 7
Coordination and Communication
Smith-Emery has provided services on many high-profile, mega projects with billions of dollars of construction. We know successful outcomes depend on many factors. Each project is different, with its own personality and set of challenges. We realize when working on projects with so many elements of work being installed and several trades working almost on top of each other to meet milestones and maintain schedule without delaying the project is only half the battle. Communication will mitigate any misunderstandings. We identify areas where communication could break down and install guardrails.

Safety Management
Construction sites are dangerous places to work. There are always hazards that arise and continually change throughout the construction process. Safety management is the responsibility of everyone on the site. Smith-Emery sets out a safety plan for our staff at the beginning of each project before we step onto the site. Our driving philosophy is to send everyone home at the end of the day as safely as they arrived at the site at the beginning of their shift. Once our plan is set out, we distribute it to our staff as they are assigned to a project. The plan must be reviewed and signed. We hold tailgate safety refreshers before each shift. Company-wide we distribute safety information and topics on a bi-weekly basis.

Estimating, Scheduling and Phasing
Smith-Emery Laboratories’ approach to every project is the realization that we are a part of a much larger project team and that all stakeholders are treated fairly and with respect. Ultimately, the goal of the team is to provide the owner with a product that meets or exceeds the quality standards outlined in the project specification. Smith-Emery would ensure the project team meets the standards by deploying our highly trainedpersonneltobothfieldandmanufacturing facilitiesacross theglobetoperform a variety of tasks from materials source sampling, performing pre-construction audits, and performance of on-site Special Inspection. Smith-Emery Special Inspection teams are backed by our Laboratory Division that offer more than 1,500 unique tests from environmental to materials compliance testing. The keys to our approach are the following areas:

Develop Project Compliance Plan
The project team at Smith-Emery will develop a Project Compliance Plan (PCP) that is unique to each project and addresses the specific challenges involved with the project. Health, Safety, and Environment (HSE) risk factorsareassessedforeachtentativelocationfortheproject. The complianceplan will also involve a review of all known stakeholders, subcontractors, and vendors to evaluate potential conflicts of interest. SmithEmery Internal Audit will review contract documents and assess our firm’s ability to meet the project requirements.

Project Requirements and Specification Review
Prior to beginning each task, our Project Manager will review the project requirements and specification for every task order issued to Smith-Emery Laboratories. The Project Manager will develop a resource schedule for the duration of the task to ensure all required testing and inspection requirements are performed by our team. If there are any tests or inspections listed in the project specification that appear to be erroneous, our Project Manager will communicate with the project team to clarify the requirement so that project funds are committed to a superfluous test/inspection. The Project Manager team will also develop a comprehensive budget for each task order based on the required testing and activityduration. Control of the schedule leads to control of the budget.
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5.6 PROJECT TEAM AND STAFFING
Smith-Emery has significant personnel, multi-certified and ready to go in Northern California. We are familiar with public contracts and the requirements for various funding sources – local, state and federal.

Key Personnel
Leo Paparelli, Project Manager Leo is excellent as the
‘boots on the ground’ field supervisor for any project. He works closely with the inspectors on a daily basis, as
well as dispatch to make sure all jobs are being
covered. In addition, Leo will make sure that reports,
timecards, invoices, etc. are properly submitted and
reviewed, then distributed.

Ashley Varni, PE, GE, Geotechnical Engineer. Ashley
has several years of experience as a PE and GE. She has a background working for public works agencies prior to working for Smith-Emery. At Smith-Emery, she is a key
member of our geoservices department and works
closely with the team on the CAHSR. She has
experience with a variety of geotechnical projects
including water and transmission, as well as
foundations, transportation projects.

Carl Eklund, PE, Project Engineer. Carl has had an
adventurous career working in rough terrain or in Alaska building roads and bridges. His civil engineering career has him working in Los Angeles County on land slides in the Coastal Mountains. At Smith-Emery, he is
responsible for our project reviews but relishes the
opportunity to be in the field – as he is a ‘hands-on’ guy.

Wylie Stevenson, Laboratory Director. Wylie is a
subject matter expert in laboratory operations. He is
certified and experienced in a wide range of testing
methodologies and has taught at the college level. He is responsible for technician’s and the laboratories
certifications, as well as equipment calibration. When
needed, Wylie has set up mobile laboratories for large
projects, including calibration and certification in
record time.

Jason Arguello, Lead Inspector. In addition to working
as a field technician, Jason also works in the
geotechnical and physical lab. He is multi-certified in several ACI certifications, as well as Caltrans. He has worked on roadway, highway, and water projects for
Smith-Emery and is well qualified to work with the city. | 9
Northern California Personnel
Smith-Emery San Francisco is a AMRL/CCRL accredited laboratory, as are our Los Angeles and Anaheim laboratories. Our sister laboratory in Los Angeles is an ISO 17025 laboratory – one of the few in California. CERTIFICATIONS Professional Engineers AWS CWI Certified Welding ICC Reinforced Concrete ICC Spray Applied Fireproofing ICC Structural Steel Welding ICC Structural Masonry ICC Post-tension and Pre- stressed ICC Structural Steel Bolting ICC Commercial Building Inspec ICC Master of Special Inspectio ACI Field Technician ASNT Level II DSA
3 18 25 19 16 24 18 15 5 4 37 11 2
Dispatch and Response Time
Smith-Emery generally encourages 48-hour notice for dispatch but can accommodate 24-hour requests.

We will accommodate 23-hour and 7 day per week requests, with overtime, weekends and holidays arranged beforehand.

We understand the nature of emergency requests as often it is critical to respond to situations that imperil the public or delivery of services. Our Project Manager, Leo Paparelli, will be available to field requests via cell phone (call or text) Leo Paparelli, [cell] 510/285-7802.

Smith-Emery has staff that reside throughout the Bay Area, the Central Valley, the Sacramento Valley. We make every effort to assign certified technicians to work that closest to their home to reduce travel time.

Smith-Emery has one of largest inspector rosters in Northern California. We can accommodate multiple requests from the city. We pride ourselves on never missing a dispatch. The City of Richmond can be assured all requests will be covered – no excuses!

5.7 Fee Schedule

INSPECTION AND CONSULTING
Activity Rate
Earthwork and Paving Inspection Hour $120.00
Concrete Inspection Hour $120.00
Masonry Inspection Hour $120.00
Steel Shop/Field - Visual and Non-Destructive Testing Inspection Hour $120.00 Waterproofing Inspection Hour $120.00
Fireproofing Inspection Hour $120.00
Project Engineer, P.E., G. E. Hour $145.00
Environmental Geologist, P.G. Hour $135.00

LAB TESTING
Activity
Cylinder Pick-up
NO
CHARGE
Cylinders, Beams & Cores
Compression Test, 6" x 12" Cylinders, Including Hold, ASTM C 39 Each $45.00 Masonry Grout Compression Test (ASTM C1019) Each $45.00 Core Compression Test Each $45.00
Flexure Test, 6" x 6" Beams, ASTM C 78 Each $125.00
Slump NO
CHARGE
Unit Weight and Voids NO
CHARGE
Air Content NO
CHARGE
Shrinkage
Length Change (3 bars, 4 readings, up to 90 days), ASTM C 157 Modified Each $315.00 Activity
Soils
Sieve Analysis, Fine or Coarse, ASTM C 136, CT 202 Each $110.00 Material Finer than #200 sieve, ASTM C 117/D1140 Each $45.00 Hydrometer Analysis, ASTM D 422 Each $150.00
Specific Gravity for Soils, ASTM D 854, CT 209 Each $115.00 | 12
Atterberg Limits, ASTM D 4318, CT 204 Each $145.00
Moisture-Density relations of Soils, ASTM D 1557, CT 373/ CT 216 Each $295.00 Environmental Profile Tests VOC, SVOC, TPH, PCB, CAM 17, Asb PLM Total $1,200.00 Activity
Aggregate Base & Asphalt
Absorption, Coarse, ASTM C 127, CT 206 Each $75.00
Specific Gravity, Bulk SSD Coarse, ASTM C 127, C 117, CT 206 Each $115.00 Specific Gravity, Fine, ASTM C 128, CT 207/208 Each $115.00 Sieve Analysis, CT 202 Each $95.00
Cleanness Value, CT 227 Each $95.00
Sand equivalent (average of 3) ASTM D 2419, CT 217 Each $105.00 Durability factor, CT 229 - Coarse Each $95.00
Durability factor, CT 229 - Fine Each $95.00
Sodium or Magnesium soundness, (5 cycles) ASTM C 88, CT 214 Each $250.00 Abrasion (Los Angeles Rattler) ASTM C 131/C535, CT 211 Each $225.00 "R" ( Resistance) Value, ASTM D 2844, CT 301 Each $275.00 "R" (Resistance) Value, lime treated or requiring recombining Each $400.00 CA. Bearing Ratio, ASTM D 1833 Each $600.00
Percent Flat/Elongated C119, ASTM D 4791 Each $105.00
Activity
Asphaltic Concrete
Stability Tests: Hveem, Pre-mixed, Calif. 304/366, each Each $250.00 Moisture Susceptibility, AASHTO T 283 Each $550.00
Hamburg Wheel Track, CT 389 Each $650.00
Voids Mineral Agg/Dust Prop, SP-2 Each $110.00
Percent Air Voids, AASHTO T 269 Each $190.00
Core Density, CT 375/308 Each $45.00
Oil Content, AASHTO T 308 Each $160.00
Mix Moisture, AASHTO T 329 Each $50.00
Gyra Lab Compaction, AASHTO T 312 Each $350.00
Bulk Specific Gravity, AASHTO T 275 Each $250.00
Theo Max Density, AASHTO T 209 Each $195.00
Sieve Analysis, AASHTO T 27 Each $95.00
Sand Equivalent, AASHTO T 176 Each $105.00
Aggregate Moisture, AASHTO T 255 Each $45.00
Crushed Particles, AASHTO T 335 Each $150.00
LA Rattler, AASHTO T 96 Each $255.00
Flat and Elongated Particles, ASTM D4791 Each $120.00
Fine Aggregate Angularity, AASHTO T 304 Each $110.00
| 13

5.8 EXCEPTIONS TO THE AGREEMENT
Smith-Emery has reviewed the Professional Services Agreement and has no exceptions.

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of Smith-Emery San Francisco (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: Gregory Partridge Title: Senior Vice President Signed: Date: August 28,, 2026
Business Entity: Smith-Emery San Francisco
Vendor SCCO Compliance Statement (Augt2020)
Leo Paparelli, page 2
Leo Paparelli
Project Manager
Education
High School Diploma
Key Skills:
20+ years’ experience
Managed large teams on
complex projects
Knowledge of public
contracts and public works
including
Managed multiple projects
simultaneously
8 years at Smith-Emery
Leo Paparelli has hands-on experience managing a variety of projects for Smith-Emery. He also oversees the inspection staff, dispatch and field operations. He has experience with both private and public projects, for a variety of end uses including educational, Class A Office, bio-tech, hightech, transit, medical facilities. Mr. Paparelli also has hands-on field experience.

Relevant Project Experience
Contra Costa County On-Call for Public Facilities. Project Manager. Responsible for the testing and inspection of various projects throughout Contra Costa County for the public facilities department. Leo continues providing project management to the County for various build-outs and renovations for healthcare, detention, community center, communication and emergency facilities.

Marin County On-Call for Municipal Projects, Project Manager. Testing and Inspection on an as-needed basis for Marin County for a variety of public works projects throughout the County. Leo provides project manager , including resources, and project controls for projects in the county.

Santa Clara Valley Healthcare, Bascom Station, San Jose, CA. Project Manager. PMB and Santa Clara Valley Healthcare (SCVH) are constructing a 10-story, 230,000 square-foot medical office building at 1410 S. Bascom Ave. in San Jose. Serves as Project Manager for Smith-Emery who is providing all materials testing and inspection services for the contract.

Applied Materials Parking Structure at EPIC Campus, Sunnyvale, CA. Project Manager.

Overseeing testing and inspection for the building that s 640,222 square feet with 1,900 spaces. The building is being constructed with 24,951 cubic yards of structural concrete.

Workday Pleasanton, CA. Project Manager. Oversaw the testing and inspection for the build out of the 410,000-square-foot, six-story building. With space to accommodate 2,200 employees, as well as outdoor space and an open-air amphitheater with seating for 1,500 people.

Aggie Square, UC Davis Health, Sacramento, CA – Deputy Project Manager and Field Supervisor. Phase 1 of the project includes two buildings designed for science, technology and engineering, a classroom building dedicated to lifelong learning, and a building designated for student housing and programs that focus on food and health. As the supervisor, oversaw the special inspection and testing for excavation of spread foundations. backfill and compaction activities, reinforcing installation, placement of CIP Concrete columns, shotcrete test panel shoot, nozzlemen qualifications, shotcrete placement, drill and epoxy work, grouting under steel baseplates, structural steel – both shop and field, glulam, hot mix asphalt. Anchor bolts, concrete, rebar, pull tests for ceiling wire, fireproofing, and shotcrete.

Ashley Varni, page 2 Ashley Varni, PE, GE
Project Manager
Geotechnical Engineer
Education:

M.S. Civil Engineering
(Geotechnical
Engineering),
University of California,
Los Angeles
B.S. Civil Engineering,
University of
Alabama, Birmingham
Registrations
Registered California
Professional Civil Engineer
(PE C89576)
Registered California
Geotechnical Engineer
(GE 3268)
Key Skills:
10+ years’ experience
Managed large teams on
complex projects
Knowledge of public contracts
and public works including
Managed multiple projects
simultaneously
2 years at Smith-Emery
Ashley has 10 years of civil and geotechnical engineering experience in a wide variety of projects including: residential associations, master-planned communities, commercial developments, public works projects (cities, counties, water districts, etc.), landslide evaluation, forensic investigations, and construction management.

Relevant Project Experience
California High Speed Rail Construction Package 2 and 3, Hanford, CA – Project Manager. Smith-Emery is providing inspection services for the DFJV Design-Build team for the CP 2 and 3 segments of the High Speed Rail. The CP 2-3 construction area extends approximately 60 miles from the terminus of Construction Package 1 at East American Avenue in Fresno to one mile north of the Tulare-Kern County line. CP 2-3 will include approximately 36 grade separationsin the counties of Fresno, Tulare, and Kings, including viaducts, underpasses and overpasses. Inspections include reinforced concrete decks, grout placement and welding inspections for all structures. Currently, Smith-Emery is inspecting pile driving concrete production piles at the Hanford Viaduct, which will take high-speed rail trains over Grangeville Boulevard, the San Joaquin Valley Railroad, and State Route 198.

Madera County Jail and Behavioral Health Expansion, Madera, CA – Project Manager.

Overseeing the testing and inspection portion of the project. Facility renovation to existing kitchen to become new classroom spaces, intake/booking to be renovated with new lobby, holding cells, interview rooms, and booking work counter.

California Department of Corrections and Rehabilitation – Project Manager. Support for general construction of support facilities including Medical and Dental facilities. Scope of work included but not limited to Soils, concrete, Steel erection, CMU along with IOR services. Managing work for the Central Valley portion of the contract.

Antonio Gateway Monument Improvements (Public Works Project) – Rancho Santa Margarita, CA This project consists of relocating the City’s monument signage from the center median within Antonio Parkway in the city of Rancho Santa Margarita, California, to the adjacent natural vegetation hillside. The improvements will consist of two masonry retaining walls stacked in a tiered manner on the hillside to display the City’s monument signage. Associated improvements include extending the existing median to add a landscaped median within Antonio Parkway. Provided geotechnical design recommendations and slope stability analysis for the retaining walls. Providing project management and inspection services (geotechnical and special inspections for structural components) during ongoing construction.

Widening of Jeronimo Road at Lake Forest Drives (Public Works Project) – Lake Forest, CA. This project consisted of widening southbound Jeronimo Road near the intersection of Lake Forest Drive by removing and reconfiguring the westerly sidewalk and landscaped parkway to allow for new de-facto right turn lane onto Lake Forest Drive. Provided grading, concrete flatwork, and new asphalt pavement recommendations.

Ashley Varni, page 2
Santa Ana Gardens Channel Bikeway Extension Project (Public Works Project) – Santa Ana, CA. This project included extending a bike lane from the Santa Ana Gardens Channel and West Monta Vista Avenue intersection to its intersection with West 1st Street in the City of Santa Ana, California. The improvements along Monta Vista Avenue and from West Myrtle Street (i.e., Friendship Park) to West 1st Street will include paving two unpaved segments along the Santa Ana Gardens Channel. From West Monta Vista Avenue to West Myrtle Street, the proposed improvements included constructing a proposed bikeway on the west side of the channel using permeable asphalt pavement. In addition to westerly channel shoulder pavement, a retaining wall was proposed for the bike lane segment between West Monta Vista Avenue and West Myrtle Street. Provided geotechnical recommendationsforthe proposed retaining wall, permeable asphalt pavement, infiltration, pole foundations for signage and security lighting, and grading.

Rancho Mission Viejo Planning Area 3, Rancho Mission Viejo – Rancho Mission Viejo, Orange County, CA: Over 3,000-acre master-planned community within Rancho Mission Viejo. Geotechnical studies addressed remedial grading, slope stabilization, landslide mitigation, liquefaction remediation, settlement, and infiltration basins.

Provided project management and inspection services (geotechnical and special inspections for structural components) during construction.

Sunset Avenue Slope Failure Roadway Restoration (Public Works Project) – Laguna Beach, CA Geotechnical engineering analysis for a slope failure that occurred adjacent to Sunset Avenue between 10th and 11th Avenue in the city of Laguna Beach. The slope failure took with it a portion of the roadway and utilities below the roadway.

Numerous homes were impacted as the residential street is closed due to safety concerns. Working with South Coast Water District and City of Laguna Beach for the emergency response and repair. Provided geotechnical and civil engineering services to prepare repair plans, which included cast-in-drilled-hole (CIDH) caissons with a shotcrete wall facing. Providing project management and inspection services(geotechnical and special inspections for structural components) during ongoing construction.

Carl Eklund, PE Carl Eklund, page 2
Civil Engineer
Education
B.S. Civil Engineering,
California State
University, Long Beach
CA
Registration
Registered Civil
Engineer, State of
California, #C54797
Certifications
International Code
Council
Structural Steel and
Bolting Inspector
Commercial Building
Inspector
Key Skills
45+ years experience
Geotechnical
Engineering
Experience with Public
Agencies
Experience on DSA and
HCAI projects
10 years at SmithEmery
Mr. Eklund provides management and technical support for field inspection personnel, and ensures laboratory compliance with test standards, specifications, and codes.

Prior to joining Smith-Emery, Mr. Eklund has 24 years of professional experience in foundation design, and inspection, school construction project management and inspection (foundation inspection, PDA analysis and review), geotechnical design, testing and analysis, of foundations, retaining walls, MSE walls, and foundation settlement.

Aggie Square, UC Davis Health, Sacramento, CA – Civil Engineer Phase 1 of the project includes two buildings designed for science, technology and engineering, a classroom building dedicated to lifelong learning, and a building designated for student housing and programs that focus on food and health. As the on-site supervisor, Scope included the special inspection and testing for excavation of spread foundations. backfill and compaction activities, reinforcing installation, placement of CIP Concrete columns, shotcrete test panel shoot, nozzlemen qualifications, shotcrete placement, drill and epoxy work, grouting under steel baseplates, structural steel – both shop and field, glulam, hot mix asphalt. Anchor bolts, concrete, rebar, pull tests for ceiling wire, fireproofing, and shotcrete.

SFDPW – Zuckerberg-San Francisco General Hospital Various Projects, San Francisco, CA – Civil Engineer Smith-Emery holds an on-call contract with SFDPW since 2016. As part of the contract performed projects at the ZSFGH site. Many projects have been under the auspices of HCAI and has included both large remodels and smaller projects.

UCSF Clinical Building Block 34 Mission Bay, San Francisco, CA – Civil Engineer. UCSF is constructing a new, approximately 190,000-gross-squarefoot clinical building and a new 500-space parking garage on the East Campus Phase 2 parcel (Block 34) at the Mission Bay campus site. The new clinical building will provide an ambulatory surgery center and adult primary and secondary multi-specialty clinics. Responsible for providing the special inspection and testing services for the project. An important part of the quality control effort will be ensuring that the materials, design, and construction methods meet expectations for performance, including water tightness, seismic stability and energy requirements.

SFDPW – Traffic Company and Forensic Services Building, San Francisco, CA – Civil Engineer. Smith-Emery provided SIAT services to the three-story, 90,000-square-foot crime lab and motorcycle police facility. It features administrative, conference, and office spaces, as well as labs, a firearm testing facility, and 6,300-square-feet of motorcycle parking. Provided civil engineering services related to testing and inspection of the facility.

Castro Mission Health Center, (SFDPW) San Francisco, CA – Civil Engineer. 15,258 square foot Castro Mission Health Center. The work included accessibility improvement of a new reception space, new nurse’s stations, new patient education room, improvements on the restrooms of the first and second Floors, exam rooms and consultation rooms, paths of travel, the installation of a new elevator to serve both floors, new exterior ramp, and other related work.

Carl Eklund, page 2
CPCM Davies Behavioral Health, San Francisco, CA – Civil Engineer. Smith-Emery provided services during demolition. Other elements included full window replacement, including additional structural steel picture framing to support the 2,000-pound impact-rated glass and a 625-square-foot third floor gazebo to give patients secure access to fresh air and sunlight, and to supplement the program’s healing activities.

California High Speed Rail Construction Package 2 and 3, Hanford, CA – Civil Engineer. Smith-Emery is providing inspection services for the DFJV Design-Build team for the CP 2 and 3 segments of the High Speed Rail. The CP 2- 3 construction area extends approximately 60 miles from the terminus of Construction Package 1 at East American Avenue in Fresno to one mile north of the Tulare-Kern County line. CP 2-3 will include approximately 36 grade separations in the counties of Fresno, Tulare, and Kings, including viaducts, underpasses and overpasses.

Inspections include reinforced concrete decks, grout placement and welding inspections for all structures.

Currently, Smith-Emery is inspecting pile driving concrete production piles at the Hanford Viaduct, which will take high-speed rail trains over Grangeville Boulevard, the San Joaquin Valley Railroad, and State Route 198. Nearly 7,000 piles will provide foundation support for the structure.

New Campus – Stanford University, Redwood, City, CA – Civil Engineer. An entire new campus, the 35-acre site is five miles from the main campus. The campus will be developed in phases over time based on the ongoing needs of the university and will include nine buildings. The first phase was completed by early 2019 - four core buildings Academy Hall, Cardinal Hall, Discovery Hall and University Hall and a parking structure. Buildings are steel framed with reinforced concrete. Smith-Emery provided construction materials inspection and laboratory testing for the first phase and will continue to provide services for all nine buildings. Oversaw the testing and inspection for the project.
*All project performed with employed with Smith-Emery
Wylie Stevenson Wylie Stevenson, page 2
Laboratory Director
Education
Southern Alberta Institute of
Technology, Petroleum
Technology
Trainings and
Certifications
American Concrete Institute
Masonry Technician
Concrete Strength
# 15027701
NICET
Materials Testing/Concrete
Level 4
NICET Materials Testing/Soils
Level 2
NICET Materials
Testing/Asphalt Level 1
NICET Highway Materials
Level 1
#120984
Internation Code Council
Spray Applied Fireproofing
Reinforced Concrete
Structural Masonry
Structural Steel & Bolting
#8491182
FACE Floor Flatness
A career geotechnical and construction materials testing laboratory manager professional with 30 years of experience managing laboratory testing services for thousands of small to large-scale private and public works projects including militarygrade roadways and base structures, infrastructure, and other multi-purpose land developments. His background also includes valuable field experience in conducting on-site inspection, geotechnical observation, and testing of earthwork for various projects. Mr. Stevenson is always willing to do whatit takes to get the job done.

Relevant Project Experience
California High Speed Rail Construction Package 2 and 3, Hanford, CA – Laboratory Director. Responsible for setting up a new laboratory to accommodate the massive project. Smith-Emery is providing testing and inspection services for the DFJV DesignBuild team for the CP 2 and 3 segments of the High Speed Rail. The CP 2-3 construction area extends approximately 60 miles from the terminus of Construction Package 1 at East American Avenue in Fresno to one mile north of the Tulare-Kern County line. CP 2-3 will include approximately 36 grade separations in the counties of Fresno, Tulare, and Kings, including viaducts, underpasses and overpasses. Inspections include reinforced concrete decks, grout placement and welding inspections for all structures.

Currently, Smith-Emery is inspecting pile driving concrete production piles at the Hanford Viaduct, which will take high-speed rail trains over Grangeville Boulevard, the San Joaquin Valley Railroad, and State Route 198.

Google Bayview Campus, Mountain View, CA – Project Manager. Google Bayview Campus, Mountain View, CA. Principal-In-Charge. Google Bay View Campus, consisting of three buildings, totals 1.1 million sq ft – including 20 acres of open space, two workspace buildings, a 1,000-person event center, and 240 short-term employee accommodation units. Bay View, the first phase to be completed, features three of the most sustainable workplace buildings in the world and establishes a 17.3-acre park and wetlands reserve.

Smith-Emery provided materials testing and inspection services. Oversaw contract operations and field activities.

Sunnyvale City Hall – Phase 1, Sunnyvale, CA – Project Manager. New city administrative center for Sunnyvale. Phase 1 consisted of a new city hall building and an addition for the Emergency Operations Building, as well as parking improvements and public space.

Oversaw administration and field operations for Smith-Emery, providing materials testing and inspection services.

Genesis Marina Biotech Research and Development Center, South San Francisco, CA – Project Manager. 550,000+ SF of laboratory and Class A office space serving the science and biotech community. Three separate five to six story building overlie a two-story podium garage with a shared outdoor space overlooking the San Francisco Bay. SmithEmery provided materials testing and inspection for the project which included the site preparation and inspections for the structures.

Wylie Stevenson, page 2
Aggie Square, UC Davis Health, Sacramento, CA – Laboratory Director. Phase 1 of the project includes two buildings designed for science, technology and engineering, a classroom building dedicated to lifelong learning, and a building designated for student housing and programs that focus on food and health. Oversaw the laboratory testing for excavation of spread foundations. backfill and compaction activities, reinforcing installation, placement of CIP Concrete columns, shotcrete test panel shoot, nozzlemen qualifications, shotcrete placement.

UCSF Block 34 Clinical Building and Parking Structure – Laboratory Director. New construction on UCSF’s Mission Bay campus. Clinical building with offices, laboratories, and consulting facilities with associated parking structure.

Served as lead inspector on-site for the testing and inspection portion of the construction project. Building is under the auspices of the Fire Marshall.

Agnews School (Elementary, Middle and High Schools) Santa, Clara – Laboratory Director. Three new schools built simultaneously on the campus of the former Agnew’s Hospital in Santa Clara. Smith-Emery was responsible for the testing and inspection for all three schools. Served as on-site senior inspector for the three campuses building under the auspices of the Department of the State Architect.

San Francisco Department of Public Works - Traffic Company and Forensic Sciences Building, San Francisco, CA – Project Manager. New construction of a three-story, 90,000-square-foot crime lab and motorcycle police facility. It features administrative, conference, and office spaces, as well as labs, a firearm testing facility, and 6,300-square-feet of motorcycle parking. The building was under our SFDPW Public Safety Bonds on-call contract. Smith-Emery provided all materials testing and inspection – including shop and field.

Santa Clara Family Justice Center, San Jose, CA – Project Manager A new 233,906 SF courthouse with 20 courtrooms. The new Family Justice Center replaces six leased facilities and consolidates all family-related services, including Family Court, Juvenile Dependency, and Drug Court, into a single facility. It also includes a self-help center, family court services, and space for justice partners, as well as a secure central holding area and separate hallways for in-custody detainees. Project manager for the special inspection and materials testing portion of the project. Worked directly with the Administrative Office of the Courts.

New Campus – Stanford University, Redwood, City, CA – Project Manager. An entire new campus, the 35-acre site is five miles from the main campus. The campus will be developed in phases over time based on the ongoing needs of the university and will include nine buildings. The first phase was completed by early 2019 - four core buildings Academy Hall, Cardinal Hall, Discovery Hall and University Hall and a parking structure. Buildings are steel framed with reinforced concrete. Smith-Emery provided construction materials inspection and laboratory testing for the first phase and will continue to provide services for all nine buildings. Oversaw the testing and inspection for the project.

San Francisco Department of Public Works On-Call, San Francisco, CA – Project Manager. A variety of municipal projects under the auspices of SFDPW. The projects have ranged from playgrounds to new buildings and a cruise ship terminal. Currently, Smith-Emery has been working with SFDPW on projects for Laguna Honda Hospital for upgrades and improvements the rehabilitation facility. Smith-Emery has had the contract for 2 iterations and 2 extensions.

Jason Arguello. ACI
Lead Inspector
Education
High School Diploma
Certifications
AASHTO T11, T27, R47, R76¸
T166, T176, T209, T255, T269,
T275, T308, T329, T335
CT 105, 125 AGG 125 HMA,
201, 202, 205, 216, 217, 226,
227, 229, 306
ACI Concrete Field Testing
Technician, Grade 1 (ASTM)
ACI Masonry Field Testing
Technician
Mr. Arguello is an accomplished roadway and transportation inspector. He has experience with Caltrans processes and procedures. Trained and experienced in field safety, as well as all equipment needed to perform work on site
SFDPW Laguna Honda Water Tank Replacement, San Francisco. Field Technician. Replacement of tank to protect the water supply at the Launa Hospital location. Performed daily special inspections at the site under the SFDPW on-call contract.

Sunnyvale Civic Center, Phase I. Sunnyvale, CA. Field Technician. New civic center in Sunnyvale that included new city hall, new emergency dispatch center and new public space. Performed soils compaction tests for the project. Utilized nuclear gauge to measure density, moisture content, and wet density
University Avenue (Between West Frontage Road And Marina Boulevard) Lane Reconfiguration, Berkeley, CA Field Technician. The project will alleviate pavement undulation, improve traffic operation and efficiency at Marina Boulevard intersection while promote pedestrian and bicyclist access and safety, implement stormwater green infrastructure where applicable, and enhance entrance point to the Berkeley Marina. Testing for soils, asphalt, and concrete.

Spinnaker Way Pavement Rehabilitation And Drainage Improvements, Berkeley, CA. Field Technician The project will alleviate pavement undulation, improve on-street parking operation, enhance pavement drainage, implement stormwater green infrastructure where applicable, and provide pedestrian access to Cesar Chavez Park. Testing for soils, asphalt, and concrete.

Marina Boulevard Pavement Rehabilitation Field Technician. The project will Enhance longevity of pavement surface, and improve traffic operation.

Testing for soils, asphalt, and concrete
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request. c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

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

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

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

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

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

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

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

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

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

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City. b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

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

8. PERMITS AND LICENSES:

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

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

9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

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

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure 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 subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

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

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

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

14. INSURANCE:

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

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

2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.

Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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

EXHIBIT E

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

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

EXHIBIT F

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

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

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

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

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

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

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

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

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

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

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

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

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