March 11, 2025
Public Works
DATE: March 11, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, Director of Public Works
Tawfic Halaby, Deputy Director of Public Works –
Operations & Maintenance
Carl Capistrano, Facilities Maintenance Superintendent
Subject:
Resolution to Approve a Contract with Pablo Restorations Roofing and Waterproof Fire Station 68 Roof Repair
FINANCIAL IMPACT: The proposed expenditure will be funded from the approved 2024-2025 Fiscal Year Public Works operating
budget for Facilities Maintenance. The expenditure will be charged to Account String: 01232331-400524.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
City staff is requesting approval from City Council to
approve a contract with Pablo Restoration Roofing and
Waterproof to perform roof repair and waterproofing at
Fire Station 68.
RECOMMENDED ACTION:
ADOPT a resolution approving a contract with Pablo
Restoration Roofing and Waterproof to repair the roof of Fire Station 68 in an amount not to exceed $92,419.63 - Public Works Department (Tawfic Halaby 620-5482 /
Daniel Chavarria 620-5478).
AGENDA
REPORT
645
March 11, 2025
DISCUSSION:
The roof of Fire Station 68 has been subject to significant water intrusion, causing damage to the kitchen, restroom, and hallway ceiling areas and compromising the integrity of the structure. Public Works staff had initially performed stop-gap repairs to mitigate the immediate effects of the water damage and temporarily reduce the extent of the intrusion upon being notified by the Richmond Fire Department. However, these repairs were not designed for long-term effectiveness, and the inclement weather and storms experienced in late fall 2024 have led to further water infiltration into the building.
Public Works staff has determined that extensive, permanent repairs are necessary to prevent further damage and to restore the building's integrity. Without timely intervention, the continued water intrusion poses a significant risk, including the potential growth of mold, mildew, and other fungi. These organisms are hazardous to health, particularly in residential environments where prolonged exposure can lead to respiratory issues and other health concerns.
Given the scale of the required repairs, the Public Works department does not have the necessary resources or capacity to undertake the large-scale roof waterproofing and extensive repairs. Consequently, City staff reached out to Pablo Restoration Roofing and Waterproof, a local vendor, to obtain a cost proposal for the required work. The vendor’s proposal for waterproofing and minor roof repairs is valued at $92,419.63.
To safeguard the health and well-being of the Fire Department personnel residing at Fire Station 68, which serves as a year-round residential facility, immediate action is needed. Public Works staff have requested that Pablo Restoration Roofing and Waterproof begin work as soon as possible to address the water intrusion and prevent any further damage or health risks. Due to the urgent nature of this situation, staff is seeking City Council approval for an emergency contract to authorize and expedite these essential repairs (Attachment 3).
By approving this contract, the City will take a crucial step in ensuring the safety and health of those who depend on Fire Station 68, while also protecting the facility from further deterioration and costly long-term damage.
City Staff are requesting adoption of a resolution approval of an emergency contract with Pablo Restoration Roofing and Waterproof for $92,419.63 for this work (Attachment 1 and 2).
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Proposed Contract
Attachment 3 – Approved Emergency Justification Form
646
Reso. No. XX-24
RESOLUTION NO. XX-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA , AUTHORIZING THE AWARD OF AN EMERGENCY CONTRACT
FOR ROOF WATERPROOFING AND MINOR ROOF REPAIRS FOR
FIRE STATION 68 IN AN AMOUNT NOT TO EXCEED $92,419.63
WHEREAS, the roof of Fire Station 68 has experienced water intrusion that caused damage to ceiling areas and Public Works staff performed stop-gap repairs to reduce, minimize, or temporarily stop the water intrusion; and
WHEREAS, the stop-gap repairs were of a temporary nature and late fall 2024 inclement weather and storms have caused additional water intrusion into Fire Station 68; and
WHEREAS, Fire Station 68 serves as a year -round residential facility for Fire Department personnel and Public Works staff has determined that extensive work is needed in order to permanently address the water intrusion; and
WHEREAS, inaction will result in additional water intrusion which may encourage the growth of mold and other fungi, mildews, or other spore -producing organisms that are detrimental to health when present in residential facilities and inhaled for long periods of time; and
WHEREAS, Public Works staff does not have the capacity to perf orm large - scale roof waterproofing and minor roof repairs and contacted Pablo Restoration Roofing and Waterproof, a local vendor, to request a cost proposal for waterproofing and minor repairs on the roof of Fire Station 68, and the cost proposal came in a t $92,419.63; and
WHEREAS, in order to protect the health and well -being of Fire Department residents of Fire Station 68, due to the urgent nature of this work staff asked Pablo Restoration Roofing and Waterproof to commence work as soon as possible and r equests City Council approval of the emergency contract;
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute an emergency contract with Pablo Restorations Roofing and Waterproof in the amount of $92,419.63, and also to make amendments to the contract as needed to facilitate the completion of the Project.
BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza , Richmond, California 94804.
*********************
647
Reso. No. XX-24
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held February 4March 11, 2025, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
EDUARDO MARTINEZ
Mayor
Approved as to form:
DAVE ALESHIRE
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX-25, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on February 4, 2025.
Pamela Christian, Clerk of the City of Richmond
648
CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________
4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.
5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.
Public Works
Carl Capistrano
[email protected]
(510) 620-6896
16472
7270
Emergency roof repair to stop moisture intrusion to prevent mold growth at Fire Station 68.
Pablo Restorations Roofing And Waterproof
2124 Hellings Avenue
Richmond, CA 94801
Leo Pablo
(510) 866-9288
[email protected]
40058626
Pablo Restoration Roofing & Waterproof
February 5, 2025
June 30, 2025
92,419.63
649
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
Pablo Restorations Roofing And Waterproof
650
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]:
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Pablo Restorations Roofing And Waterproof
Contractor shall provide emergency roof repair to stop moisture intrusion to prevent mold growth at Fire Station 68, in accordance with quote dated November 26, 2024, attached hereto, and incorporated herein by this reference.
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652
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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.
Carl Capistrano
Carl Capistrano
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_____________________________
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ Carl Capistrano
[email protected]
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Pablo Restorations Roofing And Waterproof
2124 Hellings Avenue
Richmond, CA 94801
[email protected]
Leo Pablo
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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, 7270
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_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.
6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.
d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.
7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.
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_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
8. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.
The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
10. CONFLICT OF INTEREST:
Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under 7270
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_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.
b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).
12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.
The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for 7270
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_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.
Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable 7270
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_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.
Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. INSURANCE:
Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,
2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.
Contractor agrees to abide by the terms and conditions of said policies.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. CONFLICTING PROVISIONS:
In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
18. FORCE MAJEURE:
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
19. CONFLICT OF LAW:
This Contract shall be interpreted under, and enforced by the laws of the State of 7270
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_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. CLAIMS:
Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. AUTHORITY:
City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, 7270
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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. 7270
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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”):
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None
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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
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_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 669
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
670
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).
Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity:
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March 25, 2025
Public Works
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, Director of Public Works
Hugo Mendoza, Abatement Superintendent
Subject:
Contract Amendment No. 1 with Sharjo, LLC dba
ServiceMaster Restoration Services
FINANCIAL IMPACT: The proposed expenditure is included within the approved Public Works Abatement Division Fiscal Year
(FY) 2024-25 $20,000 (01237031-400538). FY 2025-26
$25,000 (01237031-400538). FY 2026-27 $25,000
(01237031-400538). Two one-year extensions total
$50,000 (01237031-400538).
PREVIOUS COUNCIL
ACTION:
November 19, 2024
STATEMENT OF THE
ISSUE:
Public Works is seeking a contract amendment with
ServiceMaster Restoration Services to provide biohazard clean-up removal services across the City ensuring the
health and safety of both city staff members and the
community.
RECOMMENDED ACTION:
APPROVE a first contract amendment with Sharjo, LLC
dba ServiceMaster Restoration, to include on-call
biohazard and unknown substance removal and disposal
services in the amount of $70,000, for a new total
contract amount not-to-exceed $115,000, and amending
the two one-year extension amount not-to-exceed
$50,000, for a new extension total amount not to exceed $80,000 – Public Works Department (Hugo Mendoza
510-231-3030/Daniel Chavarria 510-620-5478).
AGENDA
REPORT
676
March 25, 2025
DISCUSSION:
The Public Works Abatement Division requests that the City Council approve the first contract amendment with Sharjo, LLC dba ServiceMaster Restoration (Attachment 1).
The Abatement Division continues to receive multiple requests to remove and properly dispose of biohazardous waste throughout the city, including human waste, animal waste in buckets, waste on clothing and city sidewalks, needles, 55-gallon drums of unknown substances, and other contaminated materials. Sharjo, LLC dba ServiceMaster Restoration, is equipped to provide timely and safe removal of these hazardous materials, ensuring the health and safety of city staff members and the community, as city staff members are not trained or equipped to handle such waste.
ServiceMaster has extensive knowledge of regulatory guidelines for biohazard cleanup.
Their expertise ensures that all cleaning procedures comply with local, state, and federal laws, protecting the city from potential legal liabilities.
ServiceMaster offers a broad array of services beyond crime scene cleaning, including trauma abatement and hazardous waste disposal. This versatility allows the Public Works Department to depend on a single provider for multiple needs, thereby streamlining operations and improving efficiency.
Biohazardous Management Services that Public Works most likely utilize will include:
Abatement Cleaning and Restoration
Blood Removal
Drug Paraphernalia Removal
Hoarding Cleanup Deodorization Services
Biohazard Cleaning (human and animal waste)
Contracting with ServiceMaster Restoration, a company with 38 years of experience and a robust infrastructure, will provide dedicated resources to handle these sensitive situations effectively.
ServiceMaster will allocate at least two crew members specifically for Public Works, with over 20 additional staff available as needed. Their Benicia and Concord branches are equipped with the tools, supplies, and expertise to respond promptly to requests, ensuring a professional and timely cleanup.
Furthermore, if additional resources are needed, ServiceMaster can draw from their multiple branches across the Bay Area, ensuring comprehensive support. By securing this contract, the Public Works Department will enhance its operational efficiency and commitment to creating a safe environment for our community.
In July 2024, the Richmond Police Department issued a Request for Proposal (RFP) for Cleaning and Biohazardous Waste Cleanup Services. During the evaluations of the 677
March 25, 2025
proposals, Sharjo, LLC dba ServiceMaster Restoration Services emerged as the top scorer due to their demonstrated competence spread over several RFP benchmarks (Attachment 2).
DOCUMENTS ATTACHED:
Attachment 1 – Amendment to the Contract
Attachment 2 – Original Contract
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CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail: Project Ma nager Phone No:
P.R. No: Vendor No: Contract No32:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Pa yment Limit and Service Plan
Pay ment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a
municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business L
icense No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which
was approved by the City Council of the City of Richmond or executed by the City Manager on ,
which original term commenced
on
and terminates w
ith an original
contract payment limit of $
. Said contract shall hereinafter be referred
to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditio
ns of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Public Works
Hugo Mendoza
[email protected]
(510) 231-3030
13465
7232
Cleaning services and biohazardous waste cleanup service ✔
1 Sharjo, LLC dba ServiceMaster Restoration Services
5451 Industrial Way
Benicia, CA, 94510
Andy Dobbs
(415) 336-6258
[email protected]
4004-9388
December 31, 2025
✔
November 19, 2024
November 20, 2024
November 19, 2027
45,000.00
679
Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained.
Pursuant to the Original Contract,
the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures
. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City
Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or
nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and
the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
Sharjo, LLC dba ServiceMaster Restoration Services
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Contract Amendment between the City of Richmond and
Amendment No. Contract No.32
AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the
payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the f
ollowing tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
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1 Sharjo, LLC dba ServiceMaster Restoration Services
70,000.00
115,000.00
Requested by Public Works which may include removal and properly dispose of Biohazardous waste throughout the city, including human waste, animal waste in buckets, waste on clothing and city sidewalks, needles, asbestos materials, 55-gallon drums of unknown substances, and other contaminated materials.
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Contract Amendment between the City of Richmond and
Amendme
nt No. Contract No.32
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The
second Contract Amendment was approved by City Council of the City of Richmond or executed by the City
Manager on for one or more
of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The
third Contract Amendment was approved by City Council of the Cit y of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
7232
1 Sharjo, LLC dba ServiceMaster Restoration Services
70,000.00
115,000.00
✔
115,000.00
115,000.00
115,000.00
115,000.00
682
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
683
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 684
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
685
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
686
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.
Police
Captain John Lopez
[email protected]
(510) 620-6940
13465
7232
Cleaning services and biohazardous waste cleanup service Sharjo, LLC dba ServiceMaster Restoration Services
5451 Industrial Way
Benicia, CA, 94510
Andy Dobbs
(415) 336-6258
[email protected]
4004-9388
November 20, 2024
November 19, 2027
45,000.00
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F687
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: _________________________
Title: ________________________
Date Signed: _________________
By: ___________________________
Title: Chief Operating Officer______
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
Sharjo, LLC dba ServiceMaster Restoration Services
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 12/19/2024
COO
Mayor
12/20/2024
688
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]:
Sharjo, LLC dba ServiceMaster Restoration Services
7232
Sharjo, LLC dba ServiceMaster Restoration Services shall provide the City of Richmond's Police Department and other city departments with comprehensive cleaning services, including specialized biohazardous waste cleanup and removal, and marijuana destruction (with a court order), ensuring a clean, safe, and sanitary environment in police facilities, city buildings, public spaces/dwellings, and private residences/businesses.
In addition to the services outlined above, ServiceMaster, a full-service 24/7/365 emergency restoration company, will respond to any service request within four hours. ServiceMaster is also equipped to offer additional services as needed by the City of Richmond's Police Department or any other city departments, including fire, smoke, water, and flood damage remediation; sewer overflow cleanup; mold removal; homeless encampment abatement; viral/infectious disease disinfection; and natural disaster recovery.
The City's total payments shall not exceed $45,000 for a three-year service term, with two one-year extensions available upon mutual agreement, up to an additional $30,000.
Detailed terms, conditions, and service requirements will be outlined in the attached Request for Proposal (RFP) and Bid Submission documents, which include the full scope of services, responsibilities, and associated terms, attached hereto as Exhibit H and Exhibit I, respectively.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 689
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.
7232
Sharjo, LLC dba ServiceMaster Restoration Services
Captain John Lopez
Captain John Lopez
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 690
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: ________________________________________________ 7232
Sharjo, LLC dba ServiceMaster Restoration Services
Captain John Lopez
[email protected]
Sharjo, LLC dba ServiceMaster Restoration Services
5451 Industrial Way
Benicia, CA, 94510
[email protected]
Andy Dobbs
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 691
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, 7232
Sharjo, LLC dba ServiceMaster Restoration Services
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 692
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.
7232
Sharjo, LLC dba ServiceMaster Restoration Services
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 693
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 7232
Sharjo, LLC dba ServiceMaster Restoration Services
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 694
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 7232
Sharjo, LLC dba ServiceMaster Restoration Services
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 695
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.
Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable 7232
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.
Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. INSURANCE:
Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,
2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.
Contractor agrees to abide by the terms and conditions of said policies.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. CONFLICTING PROVISIONS:
In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
18. FORCE MAJEURE:
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
19. CONFLICT OF LAW:
This Contract shall be interpreted under, and enforced by the laws of the State of 7232
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. CLAIMS:
Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. AUTHORITY:
City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, 7232
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.
25. WAIVER:
The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
26. COUNTERPARTS:
This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 7232
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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NONE.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 701
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EXHIBIT F
INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.
1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.
Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.
Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or
maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials
Type 3 – Page 1 of 5
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services that involve environmental risks and/or the transportation of hazardous materials including asbestos, hazardous chemicals or waste, and nuclear risks, 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), including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation Insurance.
6. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions.
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
General Liability
(primary and excess limits
combined)
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 704
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials
Type 3 – Page 2 of 5
Revised: September 2011
General Liability (continued)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Automobile Liability
$1,000,000 per occurrence for bodily injury and property damage.
If the Contractor is subject to the Motor Carrier Act of 1980, Automobile Liability Policy must be endorsed to include MCS-90 Endorsement for transportation of hazardous
materials/waste/substances. If not, the policy shall be endorsed to include Transportation Pollution Liability Coverage to cover the materials transported by Contractor.
For additional information regarding the Motor Carrier Act and limits of liability see Page 5.
Contractors Pollution Liability
and/or Pollution Liability
Protects against environmental and
pollution risks and
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Policy shall be endorsed to name the City of Richmond as an additional insured.
Environmental coverage must remain in force for a period of five years after completion of the project. Contractor must provide updated certificates indicating that the required coverage, terms and conditions are still in place.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability, Contractors Pollution Liability and/or Asbestos Pollution policies.
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. 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.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 705
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials
Type 3 – Page 3 of 5
Revised: September 2011
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 excess of the Contractor’s insurance and shall not contribute with it 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 Endorsement 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.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Lead-Based Paint/Asbestos/Mold
If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR,
and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 706 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials
Type 3 – Page 4 of 5
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease
until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR
must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 707
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials
Type 3 – Page 5 of 5
Revised: September 2011
ADDITIONAL INFORMATION REGARDING THE MOTOR CARRIER ACT OF 1980
The Motor Carrier Act of 1980 imposed higher levels of financial responsibility on motor carriers operating under federal permit and intrastate carriers operating under state authority. The chart below shows the minimum required financial responsibility as determined by the type of cargo hauled.
The Act requires the MCS-90 endorsement in the amount of $750,000 to be attached to any automobile liability policy issued to motor carriers operating commercial motor vehicles with a gross vehicle weight rating of 10,000 or more pounds that are transporting any non-hazardous property in interstate or foreign commerce. The MCS-90 endorsement is also required when interstate, intrastate and foreign commerce is transporting hazardous material/waste/substances. The liability limit depends upon the type of truck and method of transportation. Its purpose is to ensure that funds are available for damages arising from a trucking accident that involves hazardous materials subject to the Act.
DEPARTMENT OF TRANSPORTATION SCHEDULE OF LIMITS-PUBLIC LIABILITY Type of Carriage Commodity Transported Financial Responsibility (1) For-hire in interstate or foreign
commerce, with a gross vehicle
weight rating of 10,000 or more
pounds).
Any Property (non-hazardous) $750,000
(2) For-hire and Private (in interstate,
foreign, or intrastate commerce,
with a gross vehicle weight rating of
10,000 or more pounds).
Hazardous substances transported in
cargo tanks, portable tanks, or
hopper-type vehicles with capacities in
excess of 3500 water gallons.
Hazardous Substances does not
include petroleum, including crude oil
or any fraction thereof which is not
otherwise specifically listed or
designated as a hazardous substance
in appendix A to §172.101 and the
term does not include natural gas,
natural gas liquids, liquefied natural
gas, or synthetic gas usable for fuel
(or mixtures of natural gas and such
synthetic gas).
49 CFR 171.8
$5,000,000
(3) For-hire and Private (in interstate
or foreign commerce: in any
quantity; or in intrastate commerce,
in bulk only; with a gross vehicle
weight rating of less than 10,000
pounds).
Compressed Oil Gas (listed in 49 CFR
172.101) hazardous waste, hazardous
materials, and hazardous substances
such as lead, asbestos, mold, dry
cleaning chemicals, benzene, etc.
(as defined in 49 CFR 171.8 and listed
in 49 CFR 172.101, but not mentioned
in (2) above or (4) below.)
$1,000,000
(4) For-hire and Private (in interstate
or foreign commerce, with a gross
vehicle weight rating of less than
10,000 pounds).
Any quantity of explosives that have
mass explosion hazard, projection
hazard, or fire hazard (Division 1.2,
1.2, or 1.3); poisonous gas (Division
2.3); poisonous materials (Division
6.1); materials poisonous by inhalation
(Hazard Zone A); or radioactive
material (Class 7 material).
$5,000,000
CONTACT RISK MANAGEMENT IF YOU HAVE ANY QUESTIONS REGARDING THE MCS-90 ENDORSEMENT AND/OR THE MOTOR CARRIER ACT OF 1980
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 708
Contract No: ________ For the Contract between the City of Richmond and
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EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).
Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity: Sharjo, LLC dba ServiceMaster Restoration Services 7232
Sharjo, LLC dba ServiceMaster Restoration Services
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F COO
12/19/2024
Derek Suech
709
R
equest for Proposal (RFP)
C
leaning Services and
Biohazardous Waste Cleanup
R
elease Date:
July 01, 2024
D
eadline for Submittal:
July 22, 2024
C
ity of Richmond
Police Department
EXHIBIT H
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 710
INTRODUCTION
The City of Richmond’s Police Department is soliciting proposals from qualified cleaning vendors to provide comprehensive cleaning services, specialized biohazardous waste cleanup and removal services, and perform marijuana destruction (with a court order ).
The objective of this RFP is to ensure a clean, safe, and sanitary environment in the Police Department facility and public spaces, adhering to the highest standards of public health and safety.
This request for proposal (RFP) outlines the requirements and expectations for the services needed. Proposers are required to read and understand all the information contained within this entire Proposal package.
PROJECT BACKGROUND / DESCRIPTION
The City of Richmond Police Department is maintaining its facility in pristine condition to enhance the quality of life for its residents, employees, and visitors. This includes routine cleaning, maintenance, and the proper handling and disposal of biohazardous materials, which require specialized expertise and procedures. The scope of service through this RFP includes regular cleaning operations, deep cleaning tasks, and the safe removal and disposal of biohazardous waste in compliance with local, state, and federal laws and regulations.
The term of this service contract will be for one (1) year with an anticipated amount for this contract of $10,000 and an option to renew for two (2) additional years by means of a mutual agreement of both parties.
PROPOSAL REQUIREMENTS
The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project. It should be straightforward and provide “layman” explanations of the technical and legal terms used.
All proposals will be scored as follows and the criteria upon which the evaluation of the proposals will be based include but are not limited to the following.
All contractors will be required to be Livescan and/or participate in a background check to be conducted by the Police Department. Any contractor that does not meet or clear the background check will be forbidden from participating in the scope of work.
Contractors shall be required to be on call 24/7/365 and must be able to respond within 4 hours of the call out.
A. Qualifications and Experience (35 points)
a) Provide a brief description and overview of the company. b) Description of experience with similar projects.
c) Description of cleaning processes and techniques and how regulatory compliance and safety standards are met
d) List of at least three references from clients with similar needs.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 711
e) Provide relevant licenses, permits, endorsements, certifications, and insurance details.
f) Detailed approach to delivering the services outlined in the Scope of Work. g) Quality control measures and reporting mechanisms.
Compliance with safety and regulatory requirements
h) Follow all precautions and safety regulations as outlined by the Department of Industrial Relations (DIR) and Occupational Safety & Health Administration (OSHA).
i) Cannot use any banned chemicals or cleaning agents as defined by the Food and Drug Administration (FDA).
j) All biohazard waste handling, clean-up, and disposal work by Contractor shall be done according to the California Department of Public Health protocol and procedures, OSHA Standards, City of Richmond standards and laws, and any other applicable local, state, and federal laws and regulations.
B. Cost (30 points)
Provide a detailed breakdown of costs, including but not limited to:
a) Cleaning and Biohazard Cleaning Services:
• Hourly rate or fixed price per square foot
• Cost of supplies, equipment, and protective gear
• Specific tasks included in cleaning
• Procedures for handling and disposing of biohazard materials • Any additional fees or charges
b) Emergency Response Services:
• Hourly rate or fixed price per incident
• Response time guarantees
• Any additional fees or charges
C. Scope of Services (35 Points)
This scope of work establishes the minimum requirements for providing regular cleaning and disinfecting services and biohazardous material clean-up and removal services.
a) Clean and disinfect the Police Department gym , bunk house, and temporary holding facilities.
b) Clean and disinfect Police Department vehicles.
c) May be required to clean and disinfect other facilities in the Police Department on an as -needed basis, such as the Crime Scene Tech Room, Property Room, etc.
d) Follow protocol for properly cleaning, disinfecting, and sanitizing crime scenes, including bodily fluids and controlled substances. Crime scenes may include residential areas, commercial areas, vehicles, and open- air public and private areas within the City of Richmond.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 712
e) Remove and properly dispose of biohazardous waste. Biohazard waste cleanup must include, but not limited to, the removal of feces, urine, drug paraphernalia, sharps, clothing, sewage discharge, vomit, and blood. f) Respond to crime scenes, traffic collisions, jails, City buildings, City property, and City vehicles to completely remove all biohazards , erase all stains, disinfect the scene and properly dispose of solid waste or solid biohazards. g) Marijuana destruction (with a court order).
h) Contractor must keep a Record of Destruction log to include (but not limited to) the date, time, substance, name, signature, and location of destruction or disposal/quantity, etc. that will be submitted to the Police Department monthly.
i) Contractor must photograph each site before and after cleaning and provide an electronic copy [e.g. .pdf or .jpg] of each photograph and location to the City of Richmond Police Department.
EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Proposer has met the minimum requirements. Proposals that have not complied with requirements do not meet minimum content and quality standards or make unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
A. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the Police Department. If Offerors intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the Department.
B. Exceptions to this Request for Proposals
The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 1) .
If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of the City of Richmond’s Standard Services Agreement must be made by requesting deletion of specific words and/or by providing the newly requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.
C. Statement of Impartiality and Disclosure
This proposal shall include a statement declaring that the proposer and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third party with interests currently in conflict or likely to conflict with the City of Richmond’s interests. Additionally, the proposer is required to Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 713
disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
PROCESS FOR SUBMITTING PROPOSALS
Questions Concerning Request for Proposals
Please do not contact staff directly regarding this Proposal as they will not be answered.
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 pm PST, on July 15 , 2024. If the City finds it necessary to issue an addendum, prospective Offerors will receive an e-mail notification of the addendum.
Otherwise, answers to questions received will be provided on the Q&A tab as soon as practical. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/ bids for any possible Addenda to the RFP that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact), or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
Interested parties may download copies of the above-mentioned proposal by visiting the City's website, to download the RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.
Submission of Proposals
Please submit your proposal via the City of Richmond's BidsOnline system. Proposals submitted by facsimile or e-mail are not acceptable and will not be considered.
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
Proposer is responsible for submitting its entire proposal package with all required submittal documents and any modifications or revisions to the Bidsonline system before the deadline. Any proposal, modification, or revision received by the City of Richmond after the exact time specified for receipt of proposals is “late” and will may be considered.
The City of Richmond reserves the right to waive inconsequential irregularities.
GENERAL GUIDELINES
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond.
The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 714
under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.
The City reserves the right to:
1. Reject any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience.
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Proposer.
6. Solicit best and final offers from all or some of the Proposer.
7. Select one or more Proposer.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
P
ublic Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
I
nsurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance.
The Proposer will also be required to maintain the necessary insurance, including general liability and automotive insurance with all necessary endorsements/exclusions and provide an updated COI insurance once expired.
Business Licenses
The successful Contractor and all subcontractors used in the work will be required to hold and obtain a City of Richmond business license that is renewed annually. Please check the City of Richmond website for business license fees and requirements.
C
ompliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance ( Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance ( RMC Chapter 2.50), Local Employment Program Ordinance ( RMC Chapter 2.56), Living Wage Ordinance ( R MC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) ( RMC Chapter
2.65), which are incorporated into the Contract Documents by this reference.
C
ollusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 715
submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
Withdrawal of Proposals
A Proposer may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights, or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright, or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
PROPOSAL EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Proposer has met the minimum requirements. Proposals that have not complied with requirements do not meet minimum content and quality standards, or make unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration.
Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow ‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon an improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after the award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process.
Selection may be made without further discussion, negotiations, or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. The offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications.
The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
Award
When the Review Panel has completed its work, Police Department personnel will then work with the Proposer to complete the administrative paperwork.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 716
PROPOSAL
C
PROPOSAL
2 , 202
Submitted to:
Submitted by:
Sharjo, LLC dba ServiceMaster Restoration Services
5451 Industrial Way
Benicia, CA
EIN# 94-3102452
DIR #1000017351
CA Contractors License #1101519
Business License #
Submission Contact:
@smrestore.net
EXHIBIT I
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 717
LETTER
RE:
Dear :
Sharjo, LLC dba ServiceMaster Restoration Services commits to deliver the C with a professional staff, a deep understanding of all regulatory agency guidelines, and service expertise. As the conservator of the C, we understand the importance of creating a safe environment for your community.
Professional and Dedicated Team – ServiceMaster Restoration Services will partner with the in determining priority, scope of work, workflow, and will communicate the project projections, progress, and any other relevant information.
Regulatory Guidelines –ServiceMaster Restoration Services is well versed and aligned with the established guidelines of the following agencies:
o Centers for Diseases Control and Prevention (CDC)
o Occupational Safety and Health Administration (OSHA)
o U.S. Environmental Protection Agency (EPA)
Depth of Emergency Services Experience – In addition to biohazard cleanup, ServiceMaster Restoration Services can handle any emergency need including but not limited to: water, flood, sewage, fire and smoke damage, mold, asbestos, lead, homeless encampment abatement, viral/infectious diseases disinfection/cleaning services, biohazard , natural disaster damage recovery, complete content restoration, pack out & storage of personal contents, structure cleaning, electronic cleaning, building stabilization and complete building reconstruction services. In addition, we provide commercial cleaning, janitorial services, carpet and upholstery cleaning.
ServiceMaster Restoration Services’ credentials to serve you include the following:
Member of the nationally acclaimed ServiceMaster family of brands; one of the world’s largest and most versatile disaster restoration networks specializing in commercial properties.
Single point of contact for the .
Over $1M in public entity revenue last year
We thank you for your consideration and look forward to the services partner. Should
you have any questions, feel free to call me at .
Respectfully,
Chief Operations Officer
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TABLE OF CONTENTS
A. P . 4-48
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Q & -
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TABLE OF CONTENTS
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Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F724 Name Title Years at SharjoOffice Cell number Role in Service
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F725 Andy Dobbs
National Account Manager
Cell:
Fax:
Email:
Areas of Expertise:
Industries Served:
RecentCatastrophicEvents:
Education:
Awards:
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F726 John Testa
Cell:
Fax:
Email:
Areas of Expertise:
Industries Served:
RecentCatastrophicEvents:
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F727 Diego Gamarra
Project Manager
Cell:
Email:
Areas of Expertise:
Industries Served:
Recent Catastrophic Events:
Professional Certifications:
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F728 Tim Whicker
Branch Manager
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Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F736 c) Cleaning Processes and Techniques
Purpose: The Biohazardous Cleaning Protocol is designed to help employees understand the hazards and follow the safety rules associated with biohazards. This program contains the following:
Hazard Identification
Establishing the Scope of Loss
The company will follow our Bloodborne Pathogen Exposure Plan and treat all blood and other potentially infectious materials (OPIM) as infectious waste and will use universal precautions while remediating trauma losses. As a result, all human blood and body fluids are treated as if they are known to be infectious for HBV, HIV and other bloodborne pathogens. In circumstances where it is difficult or impossible to differentiate between body fluid types, all bodily fluids are assumed to be potentially infectious.
Identifying Hazards:
Hazard Description
Bloodborne PathogensBloodborne pathogens include but are not limited to Hepatitis B and C, AIDs and HIV. These are found in infected blood or bodily fluids
This operation uses "Universal Precautions." As a result, all human blood and body fluids are treated as if they are known to be infectious for HBV, HIV and other bloodborne
pathogens
Needles or other sharp
material
Needles or other sharp material have been commonplace for these encampments
May be contaminated with Bloodborne Pathogens or other
OPIM
Weapons Guns
Knives
Any object fashioned in a manner that would cause harm to another
Hazardous Material Four Characteristics of Hazardous Waste:
Ignitability: Flash point less than 60°C/140°F Ex - Used solvents, propane
Corrosivity: Strong acids or bases, or that produce acid or alkaline solutions. A liquid waste may be corrosive if it is able to corrode metal containers. Ex- Acid from a lead acid battery
Reactivity: Are unstable under normal conditions. Can
cause explosions or release toxic fumes, gases, or vapors when heated, compressed or mixed with water. Ex - Lithium - Sulfur Batteries, unused explosives
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F737 Toxicity: Toxic wastes are harmful or fatal if ingested or absorbed EX - material containing lead or asbestos
Drug or Drug
Paraphernalia
Would include medically prescribed or illicit drugs
In most cases, proper authorities should be called
o Exception: Marijuana destruction will be handled by the company when presented with court order to do so
Establish the Scope:
To create the scope of loss the following considerations will reviewed at the loss site to determine scope of work:
Prepare and Protect Personnel
1. Full PPE will be worn:
a. Full face respirator (safety glass rated face shield) with organic filter; must be decontaminated after use
b. Double glove
i. Inside layer: nitrile
ii. Outer layer: rubber gloves
1. If sharps are suspected on site, the outer glove layer will be replaced with puncture resistant gloves to protect from exposure. Must be decontaminated after use.
2. Demo gloves may replace the outer rubber glove layer if building materials need to be removed. Must be decontaminated after use. c. Disposal coveralls with hood and boots rated to work with bloodborne pathogen
2. If building material will be removed in the process of remediation:
a. Knee pads. If worn outside of coveralls, must be decontaminated after use
3. The following Engineering Controls are used throughout the company:
a. Hand washing facilities (or antiseptic hand cleansers and towels or antiseptic towelettes), which are readily accessible to all employees who have the potential for exposure.
Prepare and
Protect
Personnel
Isolate & Protect
Contaminated
Zone
Inspect from
Source Out Test Surfaces
Clean, Bag, and
Disinfect
Deodorize Quality Control
Decontaminate
Equipment &
Self
Contact
Disposal
Company
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F738 i. Employees will wash hands or any other skin with soap and water, or flush mucous membranes with water immediately or as soon as feasible following contact of such body areas with blood or other potentially infectious materials.
ii. Employees will wash their hands immediately or as soon as feasible after removal of gloves or other personal protective equipment. When antiseptic hand cleaners or towelettes are used, hands will be washed with soap and running water as soon as feasible. Do not reuse gloves. b. Containers for contaminated materials including sharps having the following characteristics:
i. Puncture resistant.
ii. Color-coded or labeled with a Biohazard Warning Label. iii. Leak proof on the sides and bottom.
iv. Secondary containers which are:
1. Leak proof.
2. Color-coded or labeled with a Biohazard Warning Label.
3. Puncture resistant.
4. The company has adopted the following Work Practice Controls as part of our Bloodborne Pathogens Compliance Program:
a. Employees wash their hands with soap and water immediately or as soon as possible, after removal of potentially contaminated gloves or personal protective equipment.
b. Following any contact of body areas with blood or any other infectious materials, employees wash their hands and any other exposed skin with soap and water immediately or as soon as possible. They also flush exposed mucous membranes with water.
c. Eating, drinking, smoking, applying cosmetics or lip balm and handling contact lenses is prohibited in work areas where there is potential exposure to bloodborne pathogens.
d. Materials containing blood or other materials are placed in designated leak-proof containers, appropriately labeled, for handling and storage. e. If outside contamination of a primary container occurs, that container is placed within a second leak-proof container, appropriately labeled, for handling and storage. (If the specimen can puncture the primary container, the secondary container must be puncture resistant as well).
f. Equipment which becomes contaminated, is examined prior to servicing or shipping, and decontaminated as necessary (unless it can be demonstrated that decontamination is not feasible).
i. An appropriate Biohazard Warning Label is attached to any contaminated equipment, identifying the contaminated portions.
g. When a new employee is hired or an employee’s job changes, the following process takes place to ensure that they are trained in the appropriate Work Practice Controls:
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F739 i. The employee's tasks and procedures are checked against Task Lists, identified in the Exposure Control Plan as those in which occupational exposure occurs.
ii. If the employee is transferring from one job to another within our operation, the job tasks/procedures pertaining to their previous position are also checked against these lists.
Isolate & Protect Contaminated Zone
1. Place “BioHazard” signs to warn others of the contamination
2. Set containment to provide:
a. Protection from Contaminated Zone
i. PPE required
b. Clean Staging Area
i. PPE donning and doffing
ii. Equipment decontamination
c. Support Zone
i. PPE not required, but anything in this zone must be decontaminated first if travelling from Contaminated Zone.
Inspect from Source Out
1. Start where the victim or deceased was
2. Main body removal must be completed prior to work beginning a. Does not include brain matter
b. Proper handling agencies should have already been on site to remove
3. Review all building materials and contents for damage
4. Create scope for crew following the Remediation Protocol Remediation Protocol
1. Clean, Bag, and Disinfect
a. Anything salvageable, pack and take out for cleaning b. Non-salvageable items:
i. Containers that meet Bloodborne Pathogen Exposure Plan ii. Containers should not to exceed 40lbs
iii. Containers are closed, sealed with red biomed tape and labeled c. The following procedures are used with all of types of Blood or OPIM wastes:
i. They are discarded or "bagged" in containers that are:
1. Closeable.
2. Puncture resistant if the discarded materials have the potential to penetrate the container.
3. Leak proof if the potential for fluid spill or leakage exists.
4. Red in color or labeled with the appropriate Biohazard Warning Label. ii. Waste will be:
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F740
1. Waste containers are maintained upright, routinely replaced and not allowed to overfill.
2. Whenever our employees move containers of regulated waste from one area to another the containers are immediately closed and placed inside an appropriate secondary container if leakage is possible from the first container.
General Cleaning Process- In most cases non-porous materials can be cleaned and sanitized.
Porous materials cannot be cleaned and sanitized to a standard which does not create a health hazard. Below outlines the cleaning process for the overall jobsite and specific materials.
2. Disinfect contaminated surfaces before starting, allow for dwell time
3. Remove gross material
a. Start with largest areas first
b. Soak up blood or other OPIM
c. Place in appropriate biohazard container
4. Wash completely
a. Vertical surfaces start from top and finish at the bottom b. Horizontal surfaces start from source and work outward
5. Rinse thoroughly
6. Disinfect and allow for dwell time
7. Dispose of materials
a. In proper bins in accordance with the company’s Bloodborne Pathogen exposure plan
8. Building Materials
a. Drywall
i. Ceiling
1. Work top to bottom while cleaning
2. Removal may be necessary if penetrated
ii. Walls
1. Salvageability depends on paint type used
a. Some may be scrubbed with soft bristles or sponge pads b. Spray with disinfectant and wiped until contamination removed
c. Work from top to bottom
i. If floor is unaffected, use floor protection to reduce cross-contamination
d. Rinse
e. Disinfect with proper dwell time
b. Ceramic Tile
i. Asbestos concerns
ii. Most cases can be cleaned due to non-porous
iii. Clean grout
c. Acoustic Tile
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F741 i. Asbestos concerns
ii. Remove
iii. Clean grid
d. Wood
i. Floors
1. If floors are sealed, they generally can be cleaned and sanitized
2. If floors are unsealed or has a poor seal most likely it will be unsalvageable
a. If blood or OPIM has travelled into the seams, floor must be removed
3. Check boards, seams and under molding or baseboards
4. Clean and disinfect sealed floors
a. Start at source, clean outward
b. Spray with disinfectant
c. Remove gross material
d. Clean area
e. Rinse area
f. Disinfectant area allowing for dwell time
ii. Cabinets
1. If cabinets are sealed or painted, they generally can be cleaned and sanitized
2. If cabinets are unsealed or have a poor seal most likely it will be unsalvageable
a. If blood or OPIM has travelled into the seams, floor must be removed
3. Check boards, seams and under molding or baseboards
4. Clean and disinfect sealed wood
a. Clean starting from the top to the bottom
b. Spray with disinfectant
c. Remove gross material
d. Clean area
e. Rinse area
f. Disinfectant area allowing for dwell time
iii. Painted wood
1. Spray with cleaner
2. Scrape off big pieces (plastic scrapers will reduce scratches) iv. Open joists
1. Spray with cleaner
2. Scrape
3. Spray with disinfectant
e. Glass
i. Start at source, clean outward
ii. Spray with disinfectant
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F742 iii. Remove gross material
iv. Clean area
v. Rinse area
vi. Disinfectant area allowing for dwell time
f. Carpet & Pad
i. Fibers will usually wick quickly so generally unsalvageable once stained ii. Cut out affected area and dispose
1. Blood and OPIM can travel therefore check the underside of the carpet to estimate the size of the stain
2. Stain will usually be larger on the underside of the carpet
3. Cut into small pieces then put into biohazard bins
g. Concrete
i. Disinfect, allow for dwell time
ii. Remove gross contaminates
1. May need run-off barriers to protect outside area or storm drains iii. Apply cleaner and scrub
iv. Catch all run off-do not drain in storm drains
1. Absorb with towel then dispose with other biohazard material
2. Absorbent material that can be swept up or HEPA vac then dispose with other biohazard material
v. Hydrogen peroxide or bleach for remaining stains
vi. May need to be repainted or sealed
vii. Same process for indoor (like garages) or outdoor (parking lots) h. Vinyl
i. Asbestos concerns
ii. If in good condition, may be cleaned and sanitized
iii. If in poor condition (cracked, cuts, anything that would make blood or OPIM leak to subfloor) most likely it will be unsalvageable
1. If blood or OPIM has travelled into the seams, vinyl must be removed iv. Check boards, seams and under molding or baseboards v. Clean and disinfect sealed floors
1. Start at source, clean outward
2. Spray with disinfectant
3. Remove gross material
4. Clean area
5. Rinse area
6. Disinfectant area allowing for dwell time
i. Other
i. Fixtures (lights, light switches, outlets, plugs, air conditioner, etc)
1. Use general cleaning process
2. If stained, dispose of with other biohazardous material ii. Bathtubs
1. Sometimes the source
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F743
2. Generally ok to dispose of blood down the drain
a. Need to check if septic tanks are involved
3. Gross material should not go down drains
a. Catch then dispose of with other biohazard waste
4. Depending on the condition of the tub prior to damage, may be stained and not salvageable
5. Follow general cleaning process
9. Contents
a. Appliances
i. Use general cleaning process
1. Open all lids and compartments
ii. If stained, dispose of with other biohazardous material b. Computers
i. Mostly can be saved but may be needed if investigation is in progress c. Soft Goods
i. Cannot be certified as disinfected
ii. Non-salvageable
iii. If jobsite contact, family or others insist on keeping, sign release d. Upholstery
i. Generally unsalvageable once stained
ii. Cut out contamination
1. Contaminated pieces in proper biohazard bins
2. Non-contaminated pieces in regular trash
e. Mattress and Box Springs
i. Generally unsalvageable once stained
ii. Cut out contamination
1. Contaminated pieces in proper biohazard bins
2. Non-contaminated pieces in regular trash
f. Wood furniture
i. Sealed variety can usually be cleaned
ii. Open all doors and cabinets, blood and OPIM can travel iii. Clean from top to the bottom
iv. Rinse and disinfect
Deodorize- After following the general cleaning guidelines (removing the source of the odor)
1. Counteract with masking agent
2. Ventilate the area
3. Absorb the odor through the use of hydroxyl
4. Encapsulate the odor with sealer which will block odor from returning Decontaminate- Once complete, tools, equipment and workers need to be decontaminated.
Tools and Equipment:
1. Before exiting the Clean Staging Area all tools will be cleaned and disinfected
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F744
2. Decontaminated equipment may be passed through to support zone Decontaminate Self:
1. Doff disposal PPE into appropriate biohazardous bins
2. Decontaminate re-usable PPE (respirator, work gloves, knee pads, etc.) Personal Protection Equipment (PPE)
Used to prevent exposure to blood borne pathogens, West Nile Virus, histoplasmosis, hanta virus, heat stroke and poison oak. Include, but not limited to:
Tyvek suit with hood and booties
Proper footwear under the Tyvek suits
Full face respirator
o Exception: If the work is conducted outside, N95 and safety glasses may be worn instead of full-face. The employee may choose this option due to heat consideration, otherwise they can still wear a full face.
Nitrile gloves (first layer)
Cut resistant leather gloves (second layer)
Needle grabbers
Sharps containers
At hire: Each employee is issued a PPE bag. This includes work gloves, nitrile gloves, hard hat, respirator mask, ear plugs, eye protection (safety glasses and goggles), N95 masks and 3 different types of Tyvek suits.
Daily, employees are expected to bring their PPE bag with them every day on every job.
The PPE bag does not limit the employees in taking additional PPE with them as the work scope requires. The PPE bag is a backup, all employees may get as much PPE as necessary to complete the work scope in the safest manner possible.
Steal toe boots- if a jobsite requires the use of heavy equipment.
Hard hats- if a jobsite requires the use of heavy equipment, or if work is happening above them where there is the possibility of something falling on them.
Safety vest
Fall arrest system- when working near a drop off or on a steep embankment Confined Space Entry
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F745 Company Name:
Address:
City, State, Zip:
Contact Person: Laur
Phone Number: - -0000
Email:
Services Provided:
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Company Name: t
Address:
City, State, Zip:
Contact Person:
Phone Number: -688-
Email:
Services Provided:
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Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F746 Company Name:
Address:
City, State, Zip:
Contact Person:
Phone Number: - -
Email:
Services Provided: s a
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Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F747 Name of Business:Contra Costa County Public Works - Maintenance Division Address:2475 Waterbird Way, Martinez, CA 94553
Contact person & Title: Jason Quinones, Field Operations Manager Phone number:925-723-2295
E-mail address: [email protected]
Description of Services: Cap of $3,000,00 for Homeless Encampment Abatement Services andEmergency Biohazard and Restoration Services.
Name of Business:City of Pittsburg
Address:357 E. 12th St., Pittsburg, CA 94565
Contact person:Bryan Ballardo, Public Works Superintendent Phone number:925-252-4908
E-mail address: [email protected]
Description of Services: Homeless Encampment Abatement Services. We have done a full decontamination cleaning and removal of all the drug paraphernalia from an abandoned structure that was being used as a ‘shoot house’. We also have removed biohazards from the City’s Courthouse, Library and City Hall. We removed 16 tons in one job in a ¾ mile long canal tunnel.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F748 Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:
Entity Name: SHARJO, LLC
Entity No.: 1509470
Registration Date: 07/10/1989
Entity Type: Limited Liability Company - CA
Formed In: CALIFORNIA
Status: Active
The above referenced entity is active on the Secretary of State's records and is authorized to exercise all its powers, rights and privileges in California.
This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status.
No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.
IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of June 07, 202.
SHIRLEY N. WEBER, PH.D.
Secretary of State
Certificate No.:
To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 117290730
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F749
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F750
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F751
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F752
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F753
APPLICATION FOR
PUBLIC WORKS CONTRACTOR REGISTRATION
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F754 Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 755
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F756 Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 757
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F758
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F759 ServiceMaster is properly licensed, trained, and qualified to safely handle and remove any biohazardous waste. ServiceMaster crews understand the importance of handling and disposing of biohazardous and/ or hazardous waste following all appropriate laws and regulations. It is extremely important to separate out any combustible liquid/container such as gasoline and propane tanks, motor oil, paint, lead and asbestos materials, chemicals, and corrosive materials, etc. to ensure they are not disposed of with other nonhazardous waste. Regulatory Guidelines- ServiceMaster is well versed and aligned with the established guidelines of the following agencies:
Centers for Diseases Control and Prevention (CDC)
Occupational Safety and Health Administration (OSHA)
U.S. Environmental Protection Agency (EPA)
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F760 g) Quality Control Measures
ServiceMaster understands the importance of ensuring we will provide the City of Richmond’s Police Department with the high quality of services required to successfully conduct these types of cleaning services on a routine as well as an emergency basis. Biohazardous and crime scene cleaning services, by nature, are dangerous. We fully understand the importance of selecting a vendor that not only can do the work but will do so without issues throughout the life of the agreement. ServiceMaster will implement quality control measures that protect our own people, the public and the City of Richmond’s Police Department.
Quality control measures start at the company level: ServiceMaster is an equal opportunity employer that does not discriminate on the basis of race, color, religion, gender, gender expression, age, national origin, disability, or sexual orientation. We hire a diverse workforce at all levels and take pride in our ability to train and promote from within our company.
On the management side, we go out of our way to recognize employees that truly embody this mentality and display it at work. Including, but not limited to formal recognitions/awards all the way up to promotions and bonuses. By doing everything we can from a managerial side to provide trainings and foster a safe and respectful company culture for our own employees, it also empowers our employees to bring this same mentality with them to the job sites when interacting with the public and city representatives.
If any team member finds this type of work beyond what they can emotionally sustain, they will not be asked or required to perform such work. If team members experience any psychological issues after performing this type of work, the company will offer them professional help in understanding and dealing with their experiences.
ServiceMaster will never make our employees perform job tasks and/or work in situations that they are not fully comfortable and capable of working in. We fully understand that sometimes these trauma and biohazardous cleaning situations are not the right fit for some people. We will never discipline individuals that feel this way. Instead, we empower our staff to voice any/all concerns. That way, we can find the right type of work for them. This also helps us ensure that each person we put on these types of cleaning is the right fit for the job.
Quality control measures on the public interactions level: When performing trauma scene cleanups, team members might meet or interact with surviving family member(s). The sudden loss of a family member is one of the most traumatic events that a person can experience.
Then, at such a disturbing and stressful moment, to have a total stranger come onto the scene to perform cleanup work before the family’s real grieving process has begun makes for a difficult situation. Our team members may need to discuss business matters with an appropriate family member before work can commence. The following are best practices to follow when interacting with grieving family members:
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F761 Have one person be the point of contact who handles all communication with anyone outside the working team.
Help those affected regain a sense of control of their situation.
Explain in as much detail as needed the cleanup steps to be taken and how long the process will take. Do not be graphic when providing details of the clean-up process.
Leave the customer with contact phone numbers as well as other pertinent documentation.
The following are practices to avoid while interacting with grieving family members:
Do not ask questions about what happened that do not pertain to getting the info necessary to assess and remediate the loss site
o Should the client wish to recount the story, use active listening skills and have empathy to the situation
Do not engage in any inappropriate conversation
Do not make any definitive statements concerning the event Empathy and understanding of the situation and the emotions that are being felt is mandatory, and this requires a level of compassion and real sensitivity. The lead technician should receive training from a professional in the field of psychology who can explain what the family members are experiencing and how to work with them both to get the cleanup job completed and to be minimally intrusive into their lives during this time of distress.
It should go without saying, but everything that occurs at a trauma scene site is confidential.
Nothing should ever appear on social media in any form about what was seen, said or performed as work. Furthermore, all photographs of the scene taken before, during and after cleanup must remain strictly confidential. All photos and documentation must be on company issued devices and not on personal phones.
Quality control measures at the jobsite: Post cleaning testing is conducted utilizing ATP (adenosine triphosphate) – A substance present in all living cells that provides energy for many metabolic processes. Swab testing results in a reading or RLU, Relative Light Units. This refractive measurement indicates the presence or absence of biological matter. As a post cleaning test RLU of 0 is desired.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F762 Completion of the BiohazardCleaning Project & Invoicing Packet:
At the end of every biohazard cleaning project, ServiceMaster will notify the of its completion and provide an invoicing packet as early as one week of job completion, but never longer than 30 days. Whichever the preferred delivery time frame of the , we can easily accommodate. The invoice packets will include the projects type of debris removed, labor, materials and equipment used, before and after high- definition pictures, biohazard/hazmat encountered, disposal costs, summary of agencies involved, and any other information that should be related to the city. The invoice packets will be supplied as per contract requirements and in the client’s preferred delivery method.
Quarterly reports will be tracked and presented by Andy Dobbs, National Account Manager.
These reports a running spreadsheet. Each report will include all the specific and important information for each category. Including, but not limited to number of sites cleaned during that quarter,
total amount of waste
removed, specific types ofremoved (routine trash, biohazardous waste, etc.) and total costs per quarter
.
These reports can be easily customized to meet any specific requirements of the .
Follow up
We understand the importance of our clients and maintaining strong, long-term partnerships. To achieve this, we listen to what is important to them both in the overall partnership and within each project. We clearly communicate the scope of work needed on each project, update them as work is being done, let them know if there are uncovered challenges, do everything we stated we would do, and follow up after completion to make sure they are satisfied. At the completion of every job, we have a Certificate of Satisfaction document sent to the client. Additionally, every client is asked to complete an NPS survey and track the results so we can modify our training and processes if needed.
If at any time a client feels we did not meet their expectations, we discuss the issues, determine a resolution, and correct the issue.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F763
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F764 a) Cleaning and Biohazard Cleaning Services
Over the years ServiceMaster has seen most of the biohazardous waste and crime scene cleanup can be properly conducted with a crew of two to three. While a skilled set of a couple technicians with one vehicle with all the needed materials, tools, PPE, etc. should be able to accommodate a large number of these requests for services, ServiceMaster wanted to include our full prevailing wage price sheet (see. p. 54-59) in addition, for your review.
Labor Rates: The below labor rates include all health, dental, vision, paid vacations, and 401K
options,
overhead and profit and will be the total labor costs the City of Richmond's Police Department.
Restoration Technician= $125 an hour, per Tech or $187.50 an hour, per Tech (OT/Weekend) o The Restoration Technicians will be responsible for doing any cleaning requests of us.
Project Manager= $135 an hour, per Project Manager
o Responsible for supporting the Technicians in the fie ld with everything needed to safely and efficiently conduct the cleanings. Would be brought in on any larger, or challenging cleaning projects.
Admin. Asst./Clerical= $47 an hour, per Admin. Asst./Clerical o An average of one hour total needed per cleaning project.
National Account Manager= $0 charge to the City of Richmond's Police Department. Andy Dobbs will serve as the main point of contact for the City of Richmond's Police Department. Even though there is not going to be a charge for his time, he will al so commit to managing the contract, be available to receive new job requests, provide updates on job progress, communicate any issues, and ensure accurate billing invoice packets are sent to the client.
Andy will also be available to attend any monthly/quarterly meetings needed. At these monthly/ quarterly meetings he will present a report on all request for services from the previous term, the cost, and any other information the client would like. These reports are easily customized to meet any contract and client preferences.
Branch Manager, Regional Manager, or Chief Operating Officer= $0. the City of Richmond's Police Department will not incur a charge for any time spent on a project from these roles.
Administrative Costs: We provided the cost for any possible charge that is separate from the labor rates. Further explanation is needed because not all of these will be charged each day and will vary based on the size and severity of a specific job. If there is a large biohazardous cleaning job that would require a large labor force/more labor hours and would as well require more materials,
equipment and amount of disposal charges in comparison to smaller jobs, so we hope this explanation helps add further clarification.
B. Cost
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 765
Materials & Equipment
Bags, 6 mil, Black= $109 for a roll of 75 bags. These are used to bag/transport non- hazardous waste. The City of Richmond's Police Department would only be charged the amount used for the day and would be reflected in the invoice packet.
Tyvek suits with hood and boot= $14 per pair, per technician. The City of Richmond's Poli ce Department would only be charged the amount used for the day and would be reflected in the invoice packet.
Full Face Respirator Ma sk= $22.50 each. One per technician per day, in general.
Respirator P-100 Pancake Filter= $25 each.
Gloves, Latex Disposal= $37.50 for a box of 100. The City of Richmond's Police Department would
only be charged the amount used for the day and would be reflected in the invoice packet.
Gloves, Leather= $13 per pair. Our technicians are instructed to treat these as the ir own and attempt to use them as long as possible, if they are able to be safely cleaned.
Duct
Tape= $8 per roll. The City of Richmond's Police De partment would only be char ged the amount used for the day and would be reflected in the invoice packet.
Vehicles (Box Truck, Hydraulic Demo Truck, Van- Cargo/Passenger and Field/Supervisor ½ Ton Truck) The City of Richmond's Police Department would only be charged t
he rate pe r hour used per vehicle and that charge would be reflected in the invoice packet.
To add a little more clarity on the vehicles, here are the most common ways they are used for this type of work: Smaller jobs that only need two technicians would only need one vehicle. As the jobs increase in size and severity, where more labor force is required so would the need for additional vehicles. We will perform best practices and use only the required vehicles for the day/specific job.
Hazard
ous Material Disposal= $250 for a 55-Gallon Drum.
Disposal Charge (Non-Hazardous)= Disposal cost plus 20%. The City of Richmond's Poli ce Department would only be charged the daily disposal used for the day and our invoice packet would also include the actual dump receipt as proof of accurate charge to the client.
Small
Tools Charge= 3% of the total labor charge each day.
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 766
b) Emergency Response Services
The hourly rate of all services, including routine/planned, deep cleaning, biohazardous cleanings and any emergency response services will be the same as above. The only variable being the time of day/night.
Restoration Technician= $125 an hour (Monday- Friday 7am-5pm) Restoration Technician= $187.50 an hour (5pm-7am and weekends) Project Manager= $135 an hour (Monday- Friday 7am-5pm)
Project Manager= $202.50 an hour (5pm-7am and weekends) • All material, eq
uipment, tools and/or any additional fees will not be impacted by the time/day of the requested services.
• ServiceMaster is an emergency response restoration vendor. We fully understand the importance of being able to respond to requests for services immediately. Our general response time upon first notification of a loss/request for services is 1-3 hours. We can 100% guarantee our response times will be within, or sooner than the City of Richmond Police Department’s 4-hour maximum response time.
While our Concord branch will be mainly responding to any new, or emergency cleaning services request and will have no issues being on-site within the 4-hour maximum response time but should there be a reason this branch cannot get there in time, we can deploy from multiple other branches (Benicia, Santa Rosa or Milpitas). No matter what ServiceMaster will be able to respond 24/4/365 and be on-site within 4-hours. • ServiceMaster will not be charging an additional fee for emergency response services.
ServiceMast
er has provided these services for many public entities in the Bay Area, and we are committed to the long-term type of partnership as well. We are more than happy to customize our labor force, materials, and equipment to fit your exact needs. If our rates and how we provided the additional explanation does not conform to your already existing model, we would greatly appreciate the opportunity to discuss with the City of Richmond's Police Department representative so we can get a better understanding what you are exactly looking for and come back to you with any alterations you would like.
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 767
C. Scope of Services
The detailed description of ServiceMaster’s cleaning processes, techniques and how regulatory
compliance and safety standards on p. 21-29 provides evidence that ServiceMaster can me
et or exceed all the requirements of the Scope of Services.
ServiceMaster will follow all protocols for cleaning and disinfecting the Police Department gym, bunk house, temporary holding facilities, other facilities of the Police Department and Police Department vehicles. As well as cleaning disinfecting, and sanitizing crime scenes in residential areas, commercial areas, vehi cles, and open-air public and private areas withing the City of R
ichmond.
ServiceMaster is fully capable and willing to respond to crime scenes, traffic collisions, jails, City buildings, City property, City vehicles and will fully remove and dispose of ALL biohazardous waste. Including, but not limited to , bodily flui ds, drug paraphernalia, sharps, clothing, sewage discharge, vomit, blood, marijuana destruction and/or any other waste the City of Richmond and the City of Richmond’s Police Department needs us to take care of.
Declarations
Livescan Background Checks: ALL ServiceMaster employees must go through a background check. Including, but not limited to a Livescan background check. So, we will have no issues participating in this, or any other background checks required by the Police Department.
Assignment of Sub-Contractor: Hazardous Disposal- ServiceMaster will utilize a vendor only t o complete the actual disposal of hazardous waste:
• Blood and OP
IM will be disposed of through approved vendor, Easy Waste Management.
• Marijuana destruction will be handled through approved vender, Easy Waste Management . Vendor will supply a Record of Destruction log to include (but not limited to) the date, time, substance, name, signature, and location of destruction or disposal/quantity of biohazardous waste.
• We have worked with this vendor on a routine basis for years and have never had an issue with their response time, quality of work and ability to maintain and/or produce any Record of Destruction logs that abide by all federal, state and local laws and regulations. We are fully confident there will be no issue obtaining these logs to be submitted to the City of Richmond’s Police Department on a monthly basis.
Exceptions
to this Request for Proposals: ServiceMaster has reviewed the RFP and the City of Richmond’s Standard Contract Agreement (Attachment 1), and state we have NO exceptions to either. Additionally, we state we have fully reviewed the C. Scope of Services and declare we meet or exceed all the requirements within and would be fully able to provide all these services throughout the life of the potential three-year term.
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 768
Statement of Impartiality and Disclosure: ServiceMaster as the prime vendor and Easy Waste Management as the sub-vendor declare we are not currently, and will not, during the performance of these services, part icipate in any similar work involving a third party with interests currently in conflict or likely to conflict with the City of Richmond’s interests.
Pending or Active Investigations or Litigations: ServiceMaster affirmatively states we have no pending
investigations or litigations and have had no contract failures, no c ivil or criminal investigations or litigations pending within the last five years.
Insurance R
equirements: ServiceMaster has current insurance that meets the City of Richmond’s standards. See p. 69.
Business Licenses: ServiceMaster currently has a City of Richmond Business License and will ensure to
renew it annually throughout the term of the agreement. See p. 34.
Compliance w
ith City Ordinances: ServiceMaster has reviewed and will comply with the City of Richmond’s City Ordinances.
Collusion: ServiceMaster declares our proposal is genuine and o n behalf of ours alone. We have not directly or indirectly induced or solicited any other person to submit a false proposal, or any o
ther person to refrain from submitting a proposal. We have not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 769
Time & Material Rate Sheet
Prevailing Wage Rate Sheet - California
Prices good through December 31, 2026
RESTORATION LABOR CLASSIFICATION RATES
Project Coordinator (PC)* $ 175.00
Account Coordinator - National Accounts (AC)* $ 175.00 Project Manager (PM) $ 135.00
Assistant Project Manager (APM)/Superintendent $ 145.00 Restoration Supervisor (RS) $ 135.00
Resource/Supply Coordinator (RC) $ 125.00
Restoration Tech (RT) $ 125.00
Project Auditor (PA) $ 145.00
Certified Mold Remediation Technician (CRT) $ 135.00
Health & Safety Officer (HSO) $ 150.00
Admin Assistant / Clerical (CL) $ 47.00
Restoration Labor (RL) $ 112.50
1. The company shall be compensated for Per Diem for out of town workers at the rate of $60 per person, per day for each day personnel (excluding casual labor, unless otherwise negotiated) work on the project plus twenty one percent.
Labor Considerations
1. The above rates apply to personnel engaged to fulfill the terms of the contract, whether regular full time employees of ServiceMaster Recovery Management (SRM), employees of ServiceMaster franchisees, temporary hires employed directly by SRM or personnel secured through a labor service or vendor source.
2. Standard rates will apply to the first 8 hours worked per day. Overtime (1.5 x the standard rate) will be charged for hours worked over 8 hours per day .
3. Work on Saturdays and Sundays will be charged at 1.5 x the standard rate for all hours worked.
4. In the event SRM personnel are dispatched to perform emergency services between the hours of 5 p.m. and 8 a.m., those hours will be charged at 1.5 times the standard rate.
5. All hours worked on SRM recognized holidays (New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day) will be charged at 2 times the regular rate.
6. In the event that SRM is required to pay time and a half for any work performed, pursuant to State or Federal law, the rates charged will be 1.5 times the standard hourly rate.
8. Prevailing Rate: (Davis Bacon Act) Prevailing rates will be paid on all applicable jobs that fall under the (Davis Bacon Act) Prevailing Rate Wage. Rates will be obtained from State where work is being performed. THE CUSTOMER will be responsible for notifying SRM if Prevailing rates apply. SRM will adjust rates as necessary.
7. In the event that SRM is required to pay double time for any work performed, pursuant to State or Federal law, the rates charged will be 2 times the standard hourly rate.
Labor Considerations: Continued
9. To the extent the work under a particular contract is subject to Federal and State minimum wage or hour laws or collective bargaining agreements which modify SRM standard rates and practices, adjustments shall be made to the hourly rate and other labor provisions as necessary.
10. When circumstances beyond our control require Personnel or casual labor under contract to be delayed from beginning work, the Standard Rate/Hour will be charged per labor category, per person delayed.
11. Travel Time shall be billed at the applicable labor rate for personnel traveling to and from a job.
12. Management of Customer Labor force line is utilized when SRM is managing the customer's labor force. The customer is responsible for paying the wages, associated taxes, benefits and insurance for their own employees.
13. SRM Reserves the right to add additional labor classifications with rates determined by SRM.
14. 4.**** Labor Rates listed exclude environmental, hazardous materials, bio-hazard, and trauma cleanup services.
Travel and Subsistence Considerations
Labor ServiceMaster Recovery Management Initials _______ Page 1
FULL PREVAILING WAGE PRICE SHEET
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 770
Taxes and Fees
1. The rates contained in this Schedule are exclusive of any associated permits or fees. Those Permit costs and Fees shall be billed by the company to the customer, and shall be compensated for all such costs on the basis of actual costs incurred for such items plus 20%.
2. Federal, state, and local taxes will be charged at cost as required by laws where services are provided. If the customer is Tax Exempt, it must make the company aware of this exemption, and provide the company with copies of all such supporting Tax Exempt status. Any Tax incurred by the company prior to such notification of a Tax Exempt status, shall be reimbursed to the company by the customer. All taxes are not included in any "Not to Exceed" or "Lump Sum" Contract, and shall be treated as additional billing above and beyond these amounts.
Catastrophe Considerations
1. A Catastrophe Surcharge of 5% of the total billing will be added to all billing to capture the significant costs required in the coordinated response to a catastrophic event which are not specifically addressed elsewhere in the rate schedule. Examples of these charges would be management, administrative support, warehousing, procurement and logistics.
2. In the event of a large scale regional event which prevents the use of traditional hotel accommodations, an allowance may be calculated to reflect the necessary alternatives such as travel trailers, mobile housing units, or man camps.
General Considerations
1. A small tools charge of 3% will be assessed on labor charges, with the exception of Project Manager, Assistant Project Manager, Project Accountant, and Clerk.
Subcontracted Services
3. SRM shall be compensated for Lodging at the rate of cost plus 20%.
2.Travel and related expense charges will be invoiced at cost plus 21%
1. Subcontracted services will be invoiced at cost plus 20%.
Labor ServiceMaster Recovery Management Initials _______ Page 2 Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 771
Company Supplied Materials
*Note that chemicals marked with an “*” are concentrated chemicals.
Prices Good through December 31, 2026
Cleaner, Carpet & Upholstery UNIT UNIT COST Cleaner, Hard Surface UNIT UNIT COST FF Liquid Ultra Clean P (23464)* Gallon $ 44.46 All Purpose Cleaner 2 (32994)* Concentrate Gallon $ 37.58 FiberFresh Allclean (23214)* Gallon $ 29.33 Cleaner, HVAC Coil (Can) (16294) Each $ 24.59 FiberFresh Release 3 (23375) Lb $ 361.17 Floorstar Cleaner - Terrazzo, Marble & Wood Gallon $ 22.00 Foam Control (23034) Gallon $ 72.88 FloorStar DuoClene (32154)* Concentrate Gallon $ 14.67 Green for Carpets (23704)* Gallon $ 31.76 Floor Star Grout Piranha Gallon $ 31.13 Rust Remover (37052) Pint $ 9.17 FloorStar Heavy Duty Floor & Equipment Degreaser II (32584)* Concentrate
Gallon $ 27.54
Solvent Upholstery Cleaner (23004) Gallon $ 47.21 Floor Star Light Duty Cleaner * Concentrate Gallon $ 17.88 SolvOil Advanced(27914) Gallon $ 70.58 GlassClene Pro (23424)* Concentrate Gallon $ 23.83 Lubricant, Electrical UNIT UNIT COST GlideRinse 4 (33204)* Concentrate Gallon $ 29.33 LPS 1 - Lubricant - or equivalent Gallon $ 125.73 Green for Degreasing (33404)* Concentrate Gallon $ 38.02 LPS 2 - Lubricant - or equivalent Gallon $ 91.65 Green for Floors (33504)* Concentrate Gallon $ 38.02 LPS 3 - Rust Inhibitor or equivalent Gallon $ 185.90 Green for restrooms (23944)* Concentrate Gallon $ 32.25 General Consumables UNIT UNIT COST Scrub N' Shine Plus (23249) Quart $ 7.33 Bags, (6 mil 33"x 50"), black Roll / 75 $ 109.00 SM Lemon Furniture Polish (23919) Can $ 8.56 Bags, Contractor (3 mil) 33' x 48" A81834 Box / 50 $ 54.03 Stainless Steel Polish (23889) Can $ 11.62 Blue Block Carpet Protectors (40035) Case/1008 $ 85.51 Wallglide BioLift 25315 5 Gallon $ 229.17 Bottled Water (case 24) Case $ 12.10 Wallglide BioSeal 25325 5 Gallon $ 504.17 Builder's Board, 48" x 100' Roll (RamBoard) Roll $ 216.33 WallGlide DeepClene (23534)* Concentrate Gallon $ 32.14 Builder's Board, 38" x 100' Roll (Ramboard) Roll $ 141.68 WallGlide Plus - ER (23274)*(Green) Concentrate Gallon $ 42.17 Carpet Protector Foil Tabs (3" x 3") [SM600182] Case/5000 $ 146.67 WallGlide Plus (23244)* Concentrate Gallon $ 43.47 Carpet Shield, 200' Roll 56188 Roll $ 104.50 Mitigation UNIT UNIT COST Clothing, Dust Coveralls Each $ 10.50 Benefect 20475 Botanical Broad Spectrum Disinfectant Gallon $ 89.83 Clothing, Tyvek coverall with hood and boot Each $ 14.00 Benefect Atomic Degreaser Gallon $ 73.33 DEF Fluid 2.5 Gallon $ 27.50 Benefect Decon 30 Gallon $ 80.48 Disposable Rubber Boot covers pair $ 11.40 Bioesque Degreaser Gallon $ 53.99 Duct, Lay Flat (500') - 20" LF $ 1.30 Bioesque Disinfectant Gallon $ 61.45 Duct, Lay Flat (500') - 12" LF $ 1.00 Bio Spray Solution Gallon $ 64.17 Dust Mask, HEPA (N95) Box / 10 $ 40.00 Chemical Sponges , Dry Cleaning Sponge (42082) Each $ 4.00 Duster, 51" Handle Hand Each $ 91.12 DP #1 Poly Sheeting Hangers (Case) Case/100 $ 412.89 Filter f/ portable dehu Each $ 47.81 DP #3 BLUE Plastic Poly Hangers (Case) Case/100 $ 663.69 Filter, Air Scrubber - Carbon Treated 16 x 16 x 2 Each $ 31.59 Fosters 40-20 Fungicidal Protective Coating (white pigmented) 5 Gallon $ 763.36 Filter, Air Scrubber - Charcoal 16 x 16 x 2 Each $ 207.08 Painters Plastic (12'X400') .31 mil Roll $ 45.00 Filter, Air Scrubber - Carbon Treated 24 x 24 x 2 Each $ 33.61 Plastic Sheeting (20'X100') 4-Mil Roll $ 148.70 Filter, Air Scrubber - Charcoal 24 x 24 x 2 Each $ 302.56 Plastic Sheeting (20'X100') 6-Mil Roll $ 196.00 Filter, Air Scrubber - HEPA block Each $ 320.25 Plastic Sheeting 6-mil Fire Retardant 12' x 100' Roll $ 331.00 Filter, Air Scrubber - Pleated Secondary Each $ 16.46 Plastic Sheeting 6-mil Fire Retardant, Anti Static 20 x 100 Roll $ 1,340.61 Filter, Air Scrubber - Primary media Each $ 4.50 Prokure V 0.84 oz liquid Each $ 65.91 Filter, OdorKlenz Odor Elimination Filter, 16" x 16" (NANO) Each $ 151.25 Prokure V 4.2 Oz liquid Each $ 183.24 Filter, OdorKlenz Odor Elimination Filter, 24" x 24" (NANO) Each $ 275.00 SaniMaster, disinfectant * Concentrate 23794 Gallon $ 61.88 Filter, Vacuum - HEPA Dust Bags Each $ 11.00 Serum 1000 5 Gallon $ 304.57 Filter, Vacuum - HEPA Large Each $ 406.00 Bio Planet Multi purpose Disinfectant Gallon $ 42.50 Filter, Vacuum - Medium Each $ 213.23 Vinyl Oxide Hospital Disinfectant Gallon $ 72.00 Filter, Vacuum Bags Each $ 2.60
Floor Adhesive Remover 5 Gallon $ 149.01 Roto Pads UNIT UNIT COST Floor protection - Sticky Mats 33" x 38" 30 per pad Each $ 89.00 Various Scrub Pad, 15-20" for Floor machine Each $ 10.56 Furniture Blanket - 72" x 80" - 1 time charge Each $ 27.65 Deodorization UNIT UNIT COST Gloves, Latex / Nitrile Disposable Large (41508) Box/100 $ 37.50 Odor Neutralizer (23398)* Concentrate Quart $ 43.54 Gloves, Leather palm work Pair $ 13.00 Unsmoke Unsoot #1 (114807) Gallon $ 93.84 Gloves, Cut Resistant Pair $ 22.50 OdorGo Fresh Wave Natural Odor Eliminator Gel (25512) 24 oz jar Quart $ 100.83 Gloves, Work Cotton (41070) Pair $ 3.00 OdorGo Room Deodorant Pro (23259)* Concentrate Pint $ 9.93 Hand Pad, Medium duty, Green 6" x 9" (44501) Pack/10 $ 10.08 OdorGo Smoke Odor Concentrate * (24204) Gallon $ 134.27 Hand Pad, Scouring Sponge, White/ Yellow A87318 Pack/10 $ 18.46 OdorGo Thermal Fog (23184) Gallon $ 110.70 Hand Pad, Octopus , Scrub pad for handle (44503, 44504, 44505) Pack/5 $ 22.28 OdorX Bad Odor Blocks Each $ 7.08 Hog Rings Box $ 17.38 OdorX Thermo 55 (solvent based) Gallon $ 161.13 Mop Head Each $ 18.06 Prokure D Gas 50 grams Each $ 89.38 Respirator P-100 Pancake Filter (Pair) Pair $ 25.00 Prokure G Gas 25 Grams Each $ 73.24 Respirator P-100 Vapor filter (Pair) Pair $ 46.22 Packing / Moving UNIT UNIT COST Restorator Cartridge, Vaportek (15474) Each $ 163.33 Box, File, Book /Freeze Dry 15" x 12" x 10" Each $ 7.15 Sealer, soot, white pigmented, oil based 5 Gallon $ 453.13 Box, Dish Pack Each $ 12.56 Shoecovers,Poly,X-Large 1651-2612 150 Pair $ 83.73 Box, Small 1.5 - 2 Cu. Ft. Each $ 3.45 Silver Armour Encapsulant 2600-0632 5 Gallon $ 429.00 Box, Medium, 18" x 18" x 16" Each $ 5.94 Spray Adhesive, M77 or equivalent Can $ 15.99 Box, Large 18" x 18" x 24" Each $ 7.50 Spray bottle w/trigger Each $ 4.95 Bubble Wrap 12" x 750' Roll $ 82.50 Tape, Blue Painters - 2" wide or greater, 60 yards long Roll $ 19.30 Bubble Wrap 12" x 250' Roll $ 40.33 Tape, Caution, (1000 FT) Roll $ 36.61 Corrugated Paper 24" x 250' roll Roll $ 67.83 Tape, Double sided 2" x 36 yards Roll $ 22.65 Inventory Tags Box / 1000 $ 45.83 Tape, Duct Roll $ 8.00 Packing Paper (50 lb) Bundle $ 99.00 Tape, HVAC (Aluminum) Roll $ 62.66 Tape, Brown packing 2" x 60 yds Roll $ 12.74 Tape. Preservation Roll $ 28.06 Tarps UNIT UNIT COST
Tape, Builder board tape Roll $ 32.85 Poly Tarp 8'X12' Each $ 29.33 Towel, Dust Cloth, Treated 24"x24" (41530) Box/50 $ 293.98 Poly Tarp 12'X16' Each $ 60.50 Towels, Microfiber - per dozen Dozen $ 22.00 Poly Tarp 16'X20' Each $ 99.00 Towels,Terry Towels Dozen $ 33.40 Poly Tarp 20'X30' Each $ 96.00 Vacuum Accessories, 3" round brush Each $ 14.61 Poly Tarp 20'X40' Each $ 249.33 Wall Washing Pads Each $ 2.95 Poly Tarp30'X50' Each $ 467.50 Wrap, Stretch 18"' X 1500' Roll $ 61.82 Tarp Clips Each $ 4.02 Zipper, Zip wall per package of 2 Box $ 47.81
Materials Considerations
1. The rate schedule lists the most commonly used items. SRM reserves the right to add items to the materials / Consumables schedule during the course of the work.
Materials ServiceMaster Recovery Management Initials _________Page 3
2. Non-scheduled materials purchased for the completion of the work will be billed at cost plus 20%.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 772
Company Supplied Equipment
Prices good through December 31, 2026
General Unit Daily Distribution Equipment / Lighting Unit Daily 20" Roto Floor Machine Ea. $ 55.00 #2 banded 5 wire cable 50' section * Ea. $ 38.00 Technology Package - Per User (Software, Computer,
Tablet, Printer, and accessories) Ea. $ 50.00 #2 banded 5 wire female / Male tail * Ea. $ 20.00 Air Compressor Accessories Ea. $ 10.00 4/0 Cable, CamlLock 100' * Ea. $ 44.00 Air Compressor, Portable electric * Ea. $ 40.00 4/0 Cable, CamLock 50' * Ea. $ 22.00 Air Scrubber 1500 CFM to 4000 CFM * Ea. $ 150.00 Cable, CamLock T * Ea. $ 10.00 Air Scrubber <1500 CFM * Ea. $ 75.00 50' Spider box cable 6/4 * Ea. $ 32.00 Airless Sprayer * Ea. $ 125.00 100' Spider box cable 6/4 * Ea. $ 64.00 Media Blasting Unit - (Comp. Not Incl.) Ea. $ 800.00 4/0 pig tail leads male / female * Ea. $ 10.00 Portable Carpet Cleaning Machine * Ea. $ 125.00 100 Amp Distribution Panel * Ea. $ 115.00 Cart, Flat Cart Ea. $ 30.00 200 Amp Distribution Panel * Ea. $ 195.00 Cart, Poly Dump Cart Ea. $ 35.00 400 Amp Distribution Panel * Ea. $ 275.00 Dolly - Appliance Ea. $ 18.00 225KVA 480v-208v transformer * Ea. $ 380.00 Drill, Cordless Ea. $ 10.00 Light, Demo / Drop / Stand /String * Ea. $ 15.00 Drum, Plastic DOT safety with base Ea. $ 10.00 Light Tower, Diesel - Tow Behind * Ea. $ 150.00 Dry Cleaning Unit (Portable) Ea. $ 140.00 Wobble Light * Ea. $ 45.00 Extraction Unit - Truck mounted (Per 8 hour shift) Ea. $ 500.00 Pig tail, Stove Adapter 50 Amp * Ea. $ 6.00 Extraction Unit (Portable Carpet) * Ea. $ 125.00 Quad Box String (QBS) 30' GFI * Ea. $ 32.00 Floor Scraper, Electric Walk Behind * Ea. $ 225.00 Quad Box String (QBS) Extension * Ea. $ 18.00 Fogger, Thermal (Gas Powered) Ea. $ 90.00 Ramps, Cable * Ea. $ 15.00 Fogger, ULV / Thermal (Electrical) Ea. $ 44.00 Spider Box * Ea. $ 64.00 Furniture Blankets * Ea. $ 2.50 50' Pin/Sleeve Extension * Ea. $ 35.00 Ground Fault Interupter (GFI) * Ea. $ 5.00 Drying / Mitigation Equipment Description Unit Daily Heater, Portable Propane Ea. $ 40.00 25 Ton DX Air Conditioner * Ea. $ 1,200.00 Hose, 1 1/2" - 2" water supply (Firehose) 50' Ea. $ 13.00 30 Ton DX Air Conditioner w/ Dehumidification * Ea. $ 1,425.00 HVAC Cleaning System (portable) * Ea. $ 250.00 1.5 kW Portable Electric Heater * Ea. $ 25.00 HVAC Video / Tool Robot Ea. $ 150.00 60kW Electric Heater * Ea. $ 335.00 Hydroxyl Generator, Boss XL3 Ea. $ 250.00 90kW Electric Heater * Ea. $ 425.00 MI-FI Wireless internet Router Ea. $ 8.00 150kW Electric Heater * Ea. $ 520.00 Mop Handle, Bucket and Wringer Ea. $ 5.00 Air Mover / Axial Fan * Ea. $ 30.00 Ozone Machine - Portable * Ea. $ 175.00 Dehumdifier, LGR - 80 - 130 AHAM PPD * Ea. $ 130.00 Phone, Portable Satellite (airtime charged seperately) Ea. $ 32.55 Dehumidifier, LGR - >130 AHAM PPD * Ea. $ 182.00 Pressure Washer - 1000 psi electric cold water * Ea. $ 75.00 Desiccant Dehumidifier 1000 CFM Ea. $ 520.00 Pressure Washer - 1500 - 3500 psi gas cold water * Ea. $ 100.00 Desiccant Dehumidifier 2000 CFM Ea. $ 1,005.00 Pressure Washer - Hot Water portable * Ea. $ 135.00 Desiccant Dehumidifier 300 CFM Ea. $ 238.00 Pump, Sump - 3/4" submersible Ea. $ 40.00 Desiccant Dehumidifier 5000 CFM Ea. $ 1,475.00 Pump, Trash 2" - 4" gas trash pump * Ea. $ 162.00 Dessicant Dehumidifier 7500 CFM Ea. $ 1,860.00 Pump, Trash 2" discharge hose 50' Ea. $ 13.00 Desiccant Dehumidifier 10000 CFM Ea. $ 2,375.00 Pump, Trash 3-4" diesel * Ea. $ 246.00 Desiccant Dehumidifier 15000 CFM Ea. $ 3,500.00 Radio, 2 way / cell phone - Job Site Communication Ea. $ 16.00 Ducting, 20 - 25" x 25' event pipe (Non insulated) * Ea. $ 27.00 Sander, Palm Ea. $ 5.00 Ducting, 12" x 25' (Non insulated) * Ea. $ 18.00 Saw, Chain Ea. $ 25.00 Duct Connection, 20" Wye * Ea. $ 20.00 Saw, Kett Ea. $ 35.00 Duct Reducer, 20" to 12" * Ea. $ 15.00 Scaffold, (Baker / Perry - per section) * Ea. $ 42.00 Injecti-Dry System or similar * Ea. $ 145.00 Tent, 10' x 10' outdoor canopy * Ea. $ 32.00 Insulated Heater Duct 20" x 25' * Ea. $ 32.00 Tent, 20 x 40 Outdoor Event * Ea. $ 100.00 Insulated A/C Duct 20" x 25' * Ea. $ 32.00 Trash Barrel / Trash Can Ea. $ 5.00 Moisture Mapping kit (meters and accessories) * Ea. $ 65.00 Ultrasonic Bath, Large * Ea. $ 375.00 Portable AC Unit - 2 Ton * Ea. $ 228.00 Vacuum, HEPA * Ea. $ 100.00 Recording Micromanometer * Ea. $ 75.00 Vacuum, Shop (Canister or Wet/Dry) * Ea. $ 30.00 Voltage Testing Equipment * Ea. $ 20.00 Vacuum, Upright Ea. $ 15.00
Wall Trowel (wall cleaning system) Ea. $ 22.75
Water dispersement diaphragm with regulator-6 station Ea. $ 120.00 Wheelbarrow / Floor Dolly Ea. $ 6.00
Zip Wall Poles (Pair) * Ea. $ 20.00
Note: Please note that costs reflect 2024
pricing, and these
are reviewed and adjusted annually.
Equipment S
erviceMaster Recovery Management Initials ________ Page 4 Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F773 Company Supplied Equipment: Continued
Prices good through December 31, 2026
Generators Unit Daily Vehicles / Trailers Unit Daily
Generator < 10KW (10000 watt) * Ea. $ 135.00 10k 42' to 48' Telehandler * Ea. $ 978.00 Generator 20KW * Ea. $ 390.00 Mileage - 3/4 ton, 1 Ton, Box Truck Ea. $ 0.85 Generator 40KW * Ea. $ 480.00 Mileage - Car / Van / LT PU Ea. IRS Rate Generator 60 KW * Ea. $ 595.00 Mileage - Semi Truck Ea. $ 5.50 Generator 100 KW * Ea. $ 852.00 Semi Truck - Tractor Only Ea. $ 350.00 Generator 150 / 175 KW * Ea. $ 960.00 Trailer - Flatbed < 20' Ea. $ 30.00 Generator 200 / 275KW * Ea. $ 1,055.00 Trailer - Flatbed 21' - 35' Ea. $ 50.00 Generator 320 KW * Ea. $ 1,475.00 Trailer - Enclosed < 20' Ea. $ 40.00 Generator 350 KW * Ea. $ 1,925.00 Trailer - Enclosed 21' to 35' Ea. $ 55.00 Generator 500 KW * Ea. $ 2,800.00 Trailer - 30' Gooseneck Heavy Duty Ea. $ 145.00 Generator 750 KW * Ea. $ 4,885.00 Trailer - 45' Gooseneck Heavy Duty Ea. $ 185.00 Generator 1,000 KW * Ea. $ 5,775.00 Trailer - 20' Mobile Office Ea. $ 125.00 Generator 1,500 KW * Ea. $ 7,800.00 Trailer - 46' Mobile Office Ea. $ 175.00 Generator 2,000 KW * Ea. $ 7,950.00 Trailer - 53' Semi Mobile Office Ea. $ 200.00 Safety Packages Unit Daily Trailer - 43' to 53' Semi Box Ea. $ 200.00 Personal Fall Protection (PFP) - Harness and Lanyard * Ea. $ 32.00 Trailer - hydraulic dump trailer(does not include dump fees) Ea. 115.00$
Personal Protection Equipment (Hard Hat, Goggles, Vest, Pair Gloves) * Ea. 13.50$ Trailer - Duct Cleaning unit and equipment (compressor and vacuum) Ea. 850.00$
PPE Package w Respirator - (Hard Hat, Goggles, Vest, PR Gloves, Respirator - no filters) * Ea. 22.50$ Utility / personal transportation cart (i.e golf cart) Ea. 45.00$ Specialty Equipment Unit Daily Vehicle - Box Truck - up to 23' Ea. 175.00$ Bio Spray CO2 tank Ea. 15.00$ Vehicle - Box Truck - 24' Ea. 225.00$ 360 Camera Ea. 150.00$ Vehicle - Field / Supervisor (Car, 1/2 ton truck, SUV) Ea. 76.00$ Bio Spray Unit Ea. 225.00$ Vehicle - Mobile Command Center Ea. 275.00$ Drone - Video/Photo Ea. 200.00$ Vehicle - Pulling Truck 3/4 Ton + Ea. 150.00$ Electrostatic Sprayer Ea. 225.00$ Vehicle - Van - Cargo / Passenger Ea. 125.00$ Extractor, Ride on Type (Xtreme Xtractor) Ea. 150.00$ Vehicle - RV/Travel Trailer (excludes utilities/site fee) Ea. 150.00$ Fuel Transfer Tank - 100 gallon Ea. 52.00$
Fuel Transfer Tank Demand Pump (for fuel delivery system) Ea. 30.00$ Fuel Transfer Trailer - 750 Gallon Ea. 280.00$
Infrared Camera - Thermal Imaging Ea. 125.00$
Matterport Imaging System Ea. 350.00$
Rescue Mat Panels Ea. 49.00$
Rescue Mat System, Wood Floor drying system Ea. 75.00$
Equipment Considerations
1. The listed rates are to be applied to all equipment used in the performance of the work for any calendar day or portion thereof in which the equipment is used.
5. Equipment that is held at the customer’s request, but not in use, will be invoiced at the full daily rate (or weekly rate if applicable to the type of equipment being held). In the event the equipment is from a 3rd party vendor then the equipment will be charged at cost plus 20%.
7. SRM shall invoice the customer for the transportation of equipment and materials to the project, and for the return of equipment and materials back from the project at cost plus 20% for 3rd party vendors. Transportation by SRM staff will be invoiced at the scheduled rates, plus applicable mileage charges.
2. During the course of work, SRM may find it necessary to purchase equipment not scheduled under the Daily Rate. In those situations, the Daily Rate shall be an acceptable industry daily rental rate determined by SRM.
3. The rental rate and associated charges for any item of equipment rented from a third party vendor, used in the performance of the Work, whether it is on the schedule or not, shall be billed at cost plus 20%.
Note: Please note that costs reflect 2024 pricing, and these are reviewed and adjusted annually.
8. Equipment Terms: *Applicable Equipment Terms will be applied based on the following defined rule – Each Piece of Equipment must run for 7 days to qualify for weekly rate and run for 30 days to qualify for Monthly Rate. Weekly rate is 5 x Published Daily Rate and Monthly is 20 x Published Daily rates. The first seven days will not be eligible for terms.
4. If any company owned, leased or rented asset is damaged or rendered unfit for use by the actions or inactions of the customer, its agents or representatives, the customer if negligent, shall be responsible for replacing such asset at their expense.
6. SRM reserves the right to add to the equipment schedule during the course of the work.
Equipment S
erviceMaster Recovery Management Initials ________ Page 5
9. Vehicle and Equipment rates do not include cost of fuel, DEF, and preventative maintentance.
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 774
Adj. Wrench, 8”, 10”, 12” Generator Aux. Adapter, 220V Scissors Bar, Crow (Small, Large) Fire Extinguisher Scraper, Long Handle Bar, Flat Pry First Aid Kit Shears, Sheet Metal, Hand
Bolt Cutters Flashlight, w/o Batteries Shovel, Scoop
Broom - Corn, Street, Push Fuel Can, Diesel Shovel, Spade Brush, Scrub, 6”, Flat Hammer Shovel, Square
Brush, Scrub, s/ 4” Handle Hammer, Sledge Siphon Pump
Brush, Scrub, w/ 20” Handle Hand Truck Socket Set, 3/8” Brush, Tooth Heater, Electric Sprayer, Pump (Hudson)
Brush, Wire Ice Chest Squeegee, Window and Floor
Buckets Ladders (below 14') Staple Gun
Bulb, Demo Light Layflat Tie / Cord / Twine Table
Chain, 25’ Lengths Lock, Master, #1, #5 Tape Gun
Chairs - folding Lock-Out, Tag-Out Kit Unger Pole w/ Fixi Clamp Chalk and Chalk Line Pallets jacks Washtub
Drill Bit Set MSDS Water Cooler
Drinking Cups Pan, Dust Water Hose - up to 150' per job Extension Cord, 3-Way Plug Putty Knife Water Hose Spray Nozzle Extension Cord Repair Kit – Hose, Airless, Electri. Water Hose Y Connector Fuel Can, Gas Rope, 50”, Nylon / Hemp Screwdrivers
Funnel, Generator Saw, Hand
Funnel, Small Saw, Hack
Small Tools List
The following "small tools" list includes the items listed below. A "Small Tools" charge of 3% is calculated based upon the total billable amount of labor.
Small Tools ServiceMa ster Recovery Management Initials ______ Page 6 Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F 775
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F776
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F777
March 25, 2025
Public Works
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works/City Engineer
Janney Lockman, Associate Transportation Planner
Subject:
Authorize an Application for Metropolitan Transportation Commission Housing Incentive Pool Funding
FINANCIAL IMPACT: Given an award is made, the City will receive a total of $2,953,100 in grant funding, which would require a
$338,720 local match, that could come from Measure J or State Gas Tax funds.
PREVIOUS COUNCIL
ACTION:
STATEMENT OF THE
ISSUE:
Staff is seeking City Council authorization to submit a grant application to the Metropolitan Transportation
Commission (MTC) for Housing Incentive Pool (HIP)
funding. Application for these funds requires a resolution of local support from the applicant’s governing board.
RECOMMENDED ACTION:
ADOPT a resolution authorizing the city manager or their designee to submit a grant application to Metropolitan
Transportation Commission for Housing Incentive Pool
funding for Bayview to BART, McBryde Avenue Safe
Routes to Parks, Downtown Point Richmond Pedestrian
and Bicycle Connectivity, and Carlson Crosstown Transit Stop Improvements Projects – Public Works Department
(Janney Lockman 510-307-8097/Robert Armijo 510-620-
5477/Daniel Chavarria 510-620-5478).
AGENDA
REPORT
778
March 25, 2025
DISCUSSION:
City staff requests that the Richmond City Council adopt a resolution of local support for an application to the Metropolitan Transportation Commission (MTC) for Housing Incentive Pool (HIP) funding(Attachment 1). Through the HIP, MTC will distribute a total of $71 million on a per-unit basis to the 15 Bay Area jurisdictions that issued the greatest number of Certificates of Occupancy for housing units affordable to low-, very low-, and moderate-incomes from 2018-2022. The HIP funding can be used to complete transportation projects. Richmond ranked 5th out of all other Bay Area jurisdictions for number of certificates of occupancy issued and as a result, is eligible for $2.45 million of this funding.
Public Works staff are submitting a request to MTC that this funding be used for three active CIP Projects with existing funding gaps: (1) the Bayview to BART Project, (2) the McBryde Avenue Safe Routes to Parks Project, and (3) the Downtown Point Richmond Bicycle Connectivity Project, and a request for a new project that would install bus stop improvements at key locations on Carlson Boulevard [“Carlson Crosstown Transit Stop Improvements Project”] (Attachment 2). To receive this funding, Richmond City Council will need to adopt a resolution of local support. If HIP funding is awarded, City staff will bring another resolution to City Council that requests acceptance and appropriation of funds for these projects.
Funding would be awarded in Fiscal Year (FY) 25-26 and would need to be spent by the end of 2027. If awarded, this funding requires an 11.47 percent (%) local match. The CIP Budget team has confirmed that the next annual allocation for Measure J could be earmarked to provide this match.
The grant program also requires the City of Richmond request 120-200 percent (%) of the City’s $2.45 million allocation, to allow MTC to decide which projects to fund and for what amount. If City does request their full allocation, the remainder could be awarded to another jurisdiction at MTC’s discretion. Below is the breakdown of the funding request, as well as the required 11.47 percent (%) City match. If all requested funding is awarded, the City will receive a total of $2,953,100 in grant funding (120% of the $2.45 million allocation), which would require up to $338,720 in local matching funds. This match funding would come from Measure J.
Project Request 11.74% Local Match
Bayview to BART $450,000 $51,615
McBryde Ave. Safe Routes to Parks $922,000 $105,753
Downtown Point Richmond Bicycle
Connectivity Project
$1,331,100 $152,677
Carlson Crosstown Transit Stop
Improvements
$250,000 $28,675
Total $2,953,100 $338,720
779
March 25, 2025
Three of the projects recommended for this grant were listed in the November 26, 2024, CIP Presentation to City Council as active CIP projects with known budget shortfalls.
The MTC HIP funding provides staff with a unique opportunity to address these project shortfalls. While other bicycle and pedestrian funding sources exist that may be appropriate for these projects, the $2.45 million allocation is available for Richmond only; therefore, unlike other transportation grants, the City is not in competition with other jurisdictions for the $2.45 million.
PROJECT DESCRIPTIONS:
Bayview to BART Project:
This project will create a safe and comfortable walking and bicycling route, connecting the El Cerrito Del Norte BART station to the San Francisco Bay Trail. It will connect existing multi-use trails, improve conditions around parks and schools, and ties into an existing bicycle and pedestrian project in the City of El Cerrito. This project will build bicycle lanes on Potrero Avenue from Carlson Boulevard to the El Cerrito border and build protected bicycle lanes on the Bayview Avenue overpass over I-580. It will implement bicycle boulevards with traffic calming on South 47th Street from Potrero Avenue to Cypress Avenue, Cypress Avenue along the border of Booker T. Anderson Jr. Park, and Ells Street between Fleming Avenue and Bayview Avenue.
McBryde Avenue Safe Routes to Parks Project:
This project will make improvements on McBryde Avenue from 37th Street to Wildcat Canyon Regional Park, to create a safer, more comfortable walking and biking route.
When completed, this project will connect to the existing bicycle route on 37th Street and across I-80 to Wildcat Canyon Regional Park, creating a continuous bicycling route.
Project improvements include street resurfacing, a road diet from 4 to 2 vehicle lanes, a center turn lane, bicycle lanes, and traffic signal modification at one intersection. ADA curb ramps will be upgraded or installed along McBryde Avenue within the project limits.
Downtown Point Richmond Bicycle Connectivity Project:
This project will improve bicycle and pedestrian access and safety through Downtown Point Richmond, completing the bicycle network connection from the Richmond-San Rafael Bridge to the Richmond Ferry Terminal by installing protected bicycle lanes on Tewksbury Avenue from Santa Fe Avenue to Washington Avenue, making pedestrian crossing improvements, including installing new crosswalks, installing ADA-compliant curb ramps, bus stop improvements, and wayfinding signs and pavement markings.
Carlson Crosstown Transit Stop Improvements Project:
This project would construct bus stop amenities including shelters and benches at key bus stops on Carlson Blvd. between Broadway and San Jose Street for AC Transit Line
71. Given the unique opportunity that the HIP grant affords the City to address existing CIP project shortfalls and support the implementation of four projects that address safety and access issues for multiple modes of transportation, City staff recommends that the 780
March 25, 2025
City Council adopt a resolution of local support for the HIP grant application. Adopting this resolution will enable to City to submit a completed application for Richmond’s $2.45 million HIP allocation. If funding is awarded, City staff will return to City Council to request that funding be accepted and appropriated to these projects.
SYNERGISTIC POLICIES:
The first three projects submitted for the HIP allocation will implement high priority recommendations from the 2023 Bicycle and Pedestrian Action Plan and 2022 Local Roadway Safety Plan. These projects, along with the Carlson Crosstown Transit Stop Improvements Project align with Richmond’s 2016 Climate Action Plan, which calls for implementing existing bicycle and pedestrian plans to increase bicycling and walking, thereby reducing greenhouse gas emissions.
The Bayview to BART Project was a high-priority recommendation in the 2015 South Richmond Transportation Connectivity Plan and the 2011 Richmond Bicycle Master Plan.
The McBryde Avenue Safe Routes to Parks Project implements a recommendation from the 2012 Richmond General Plan Parks and Recreation Element, which called for expanding access to Wildcat Canyon Regional Park. This project was also identified as a high priority project in Richmond’s 2011 Bicycle Master Plan.
The Downtown Point Richmond Bicycle Connectivity Project implements a key recommendation from the 2021 Richmond Ferry to Bridge to Greenway Complete Streets Plan which developed recommendations to close bicycle and pedestrian connectivity gaps between the Richmond Ferry, Richmond-San Rafael Bridge, and San Francisco Bay Trail.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Project Maps
781
DocID #38495v1
RESOLUTION NO. __25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION FOR THE
METROPOLITAN TRANSPORTATION COMMISSION HOUSING INCENTIVE
POOL FUNDING AND COMMITTING ANY NECESSARY MATCHING FUNDS ________________________________________________________________________________
WHEREAS, City of Richmond (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $2,953,100 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) set- aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Bayview to BART, McBryde Avenue Safe Routes to Parks, Downtown Point Richmond Pedestrian and Bicycle Connectivity, and Carlson Crosstown Transit Stop Improvements Projects, (herein referred to as PROJECT) for the Housing Incentive Pool (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY 782
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FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
the commitment of any required matching funds; and
that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
WHEREAS, APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in 783
DocID #38495v1
conjunction with the filing of the application.
NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and
BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds if funding is awarded; and
BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and
BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and
BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and
BE IT FURTHER RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and
BE IT FURTHER RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and
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BE IT FURTHER RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
BE IT FURTHER RESOLVED that APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and
BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.
I hereby certify that the foregoing Resolution of the Council of the City of Richmond was duly passed and adopted at a meeting thereof held March 25, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
___________PAMELA CHRISTIAN___________
CLERK OF THE CITY OF RICHMOND
Approved:
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Mayor
Approved as to form:
City Attorney
786
El Cerrito Del Norte TOD
Complete Streets Project
Resurface Potrero Ave
Replace Sharrows
with Bike Lanes
Build Bicycle Boulevards
With Traffic Calming
Install ADA-Compliant Curb Ramps
Throughout Project
Repair & Improve
Existing Paths
Build Bicycle Boulevard
With Traffic Calming
Install Buffered
or Protected
Bike Lanes
Install Protected Bike Lanes
on I-580 Overpass
Bay Trail Access
SOUTH RICHMOND PDA
SAN PABLO
AVENUE
CORRIDOR
PDA
580
80 BOOKER T
ANDERSON
JR PARK
CRESCENT
PARK
BAYVIEW
BRANCH
El Cerrito
Richmond
KENNEDY
HIGH
SCHOOL
STEGE
ELEMENTARY
SCHOOL
EL CERRITO
DEL NORTE
SOUTHWEST
RICHMOND
ANNEX
PARKVIEW
EASTSHORE
RICHMOND
ANNEX
PANHANDLE
ANNEX
LAUREL PARK
PARK
PLAZA
CORTEZ/STEGE
MARINA
BAY
BNSF
UNION PACIFIC
BNSF
AT & SF
SPT CO
S
51ST
ST
BAYVIEW
AVE
S 47TH ST
POTRERO AVE
CYPRESS AVE
ELLS
ST
ELLS LNCARLSON BLVD
SAN PABLO AVE
CUTTING BLVD
S 48TH ST
MEADE ST
HARTNETT
AVE
S 55TH ST
S 45TH ST
S 56TH ST
E MONTGOMERY AVE
SEAPORT AVE
BERK AVE
EGRET W
AY
FLEMING AVE
EASTSHORE BLVD
BERK PL
SANTA CLARA ST
FALL AVE
S 46TH ST
CASTILLA AVE
NUNNST
CARL AVE
SAN JOAQUIN ST
S 41ST ST
CAM
PBELL ST
HILL ST
FALLON AVE
JAY W
AY
ROBIN DR
MONTEREY ST
STATE CT
REID CT
ARNO CT
S 50TH ST
S
49TH
ST
FRAY AVE
CREELY AVE
GATELY AVE
MARIPOSA ST
EXIT 15
STATE AVE
EXIT11
0 0.06 0.12
Miles
1 Inch = 600 Feet
New Trees
City Limits
Existing Bikeways
Class 1 Path
Class 2 Lane
Class 3 Sharrow
ADA Compliant
Needs Detectable Warning Surface
Build Curb Ramp
Rebuild Non-Compliant Ramp
Potential Stormwater Planter
Priority Development Area
BAYVIEW TO BART PROJECT
This project idea envisions a safe
and comfortable walking and
biking route connecting the Del
Norte BART station to the Bay
Trail. It capitalizes on existing
multi-use paths, ties into El
Cerrito's Transit Oriented
Development Complete Streets
Project, improves conditions
around parks and schools, and
implements elements of the
South Richmond Transportation
Connectivity Plan.
787
Install Bike Lanes
Reduce 4 Lanes to 2
Add Center Turn Lane
or Medians
Install Bike Lanes
Reduce 4 Lanes to 2
Add Center Turn Lane
or Medians
Install Bike Lanes
Reduce 4 Lanes to 2
Add Center Turn Lane
or Medians
Install Protected Bike Lanes
Build Curb Extensions
to Shorten Crosswalks
at Skewed Intersections
Close Gap in Sidewalk
Install Crosswalks
And Traffic Calming
Install ADA-Compliant Curb Ramps
On Entire Corridor
EAST
RICHMOND
HEIGHTS
80 SAN PABLO AVENUE
PRIORITY DEVELOPMENT AREA
SAN PABLO
R I C H M O N D
WILDCAT CANYON
REGIONAL PARK
AMADOR ST
ANDRADE AVE
NATALIE CT
CASINOAVE
MCBRYDE AVE
SAN PABLO AVE
BERNHARDAVE
HUMBOLDT ST
GLENN AVE
MONTOYA AVE
PARK AVE
ARLINGTONBLVD
YUBAAVE
KIRK LN
VENTURA ST
RAMP
RALSTON
AVE
ESMOND AVE
MARIN
AVE
MCLAUGHLIN ST
SONOM
A ST
LASSEN ST
SHASTAAVE
37TH ST
W
ILSON AVE
BROOKSIDE AVE
JOEL CT
KERN ST
YUBA
ST
GERALD AVE
RIVERSIDE
ELEMENTARY
SCHOOL
SAINT DAVIDS
ELEMENTARY
SCHOOL
WILDCAT CREEK
WILDCAT CREEK
RICHMOND WILDCAT
CANYON
McBryde Ave Safe-Routes-To-Parks Project Concept
1 Inch = 325 Feet
0 200 400
Feet
Proposed Curb Extension
Proposed Traffic Circle
Existing Speed Hump
ADA Compliant
Needs Detectable Warning Surface
Build Curb Ramp
Rebuild Non-Compliant Ramp
New Trees
Traffic Signal
City Boundaries
Watercourse
PDA
Parcel Owner
EBRPD
WCCUSD
Existing Bikeways
Class 2 Lane
Class 3 Sharrow
The goal of this project is to provide a safe and comfortable walking and biking route from Wildcat Canyon Regional Park to the amenities and bus service along San Pablo Ave and an existing crosstown bike route on 37th St. Project will improving pavement condition, calm traffic, add audible pedestrian signals, restripe the roadway with bike lanes, and build curb ramps, high visibility crosswalks, and other pedestrian improvements. If funded, design will be finalized with community input, and additional protected bike lanes are possible.
788
580
ST ART OF BAY TRAIL TO
RICHMOND-SAN RAFAEL BRIDGE
AND POINT MOLATE
RICHMOND-
SAN FRANCISCO
FERRY TERMINAL
580
Richmond Greenway
Bay Trail
Bay Trail
Bay Trail
To San Rafael
To North Richmond
& Pt Pinole
Chevron Refinery
& Technology Center
580
NYSTROM
SCHOOL
LINCOLN
ELEMENTARY
W OHIO AVE
San Francisco Bay
Rosie the
Riveter NHP
BNSF
Railyard
Richmond
Multimodal
Station
JUDGE
CARROLL
PA R KS GARR
ARD BLVD
CANAL BLVD
Keller
Beach
2ND ST
NEVIN AVE
OHIO AVE
Pt Molate
Beach Park
PROJECT
LOCATION
PROTECTED BIKEWAY
CONSTRUCTION TO START
JANUARY 2022
BELDING/
WOODS
CORONADO
SANTA FE
IRON
TRIANGLE
ATCHISON
VILLAGE
POINT
RICHMOND
13TH ST
BARRETT AVE
HARBOUR WAY
CUTTING BLVD
HARBOUR WAY S
HOFFMAN
W
CUTTING
BLVD
MACDONALD AVE
CASTRO ST
RICHMOND PKWY
PERES
ELEMENT ARY
MILLER-KNOX
REGIONAL
SHORELINE
Legend
Completed Bay Trail
Incomplete Bay Trail
Schools
Communities of Concern
Highest
High
1 Inch = 2,000 Feet
00 . 2 0 . 4
Miles
NeighborhoodsSANTA
FE
West Branch
Library
The Plunge
WASHINGTON AVE
TEWKSBU
RY
W RIC
HMOND AVE
S GARRARD BLVD
CYCLE TRACK
AVE
CYCLE TRACK
PEDESTRIAN
IMPROVEMENTS
580
580
789
790
March 25, 2025
DocID #38983v1
Public Works
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, P.E., Director of Public Works
Robert Armijo, P.E., Deputy Director of Public Works /
City Engineer
Mary Phelps, Water Resource Division Manager
Subject:
10-Day Report on the Interim Urgency Ordinance
Regarding Keller Beach Sanitary Sewer line.
FINANCIAL IMPACT: No fiscal impact.
PREVIOUS COUNCIL
ACTION:
February 18, 2025
STATEMENT OF THE
ISSUE:
The 45-day moratorium period does not provide enough
time for the City to fully study and consider the
environmental issues surrounding the KBSS line.
Government Code Section 65858, allows the City to
extend the moratorium period; however, the City must
issue a written report ten days prior to the expiration of the moratorium describing measures taken to address
the conditions creating the need for the moratorium
extension.
RECOMMENDED ACTION:
RECEIVE and ISSUE the 10-Day Report on the Urgency
Ordinance regarding the Keller Beach Sanitary Sewer
line – Public Works Department (Daniel Chavarria 510-
620-5478/Robert Armijo 510-620-5477).
AGENDA
REPORT
791
March 25, 2025
DocID #38983v1
DISCUSSION:
On February 18, 2025, t he City of Richmond adopted Urgency Ordinance 06-25, which implemented a 45-day moratorium period on building permits requiring connection to the Keller Beach Sanitary Sewer (KBSS) line (Attachment 1). The purpose of the Urgency Ordinance was to allow the City time to study and consider the impact of issuing building permits, which would allow connections to the KBSS line.
The City remains committed to resolving the long -standing challenges associated with the KBSS. However, due to consultant turnover, evolving project requirements, and continued uncertainties regarding funding and regulatory approvals, a moratorium was deemed necessary to protect public health and safety while ensuring that the City has the time and resources needed to develop and implement a viable long -term solution. Until the City can assure that it is not contributing pollution to waters of the United States, the City is obligated to minimize any potential pollutant discharge to the Bay and therefore must continue its moratorium on new sewer connections to the KBSS until a replacement sewer is constructed.
The infrastructure deficiencies that impede new development in and around the Keller Beach Sanitary Sewer also impose substantial burdens on the area’s existing residents.
In light of the sewer system’s physical condition and precarious location, a comprehensive plan is necessary to determine how the vacant land and existing residences should be developed and/or improved, given the public safety concerns related to potential pipeline failure of the KBSS interceptor.
The City must also carefully consider what standards and regulations would serve the City’s needs and meet the essential goals of protecting the public health, and safety in Richmond.
Under Government Code Section 65858(d), if the City wishes to extend the existing moratorium, then the City must issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium no later than 10 days prior to the expiration of the 45-day moratorium (Attachment 2). The 45-day moratorium is set to expire on April 4, 2025. Issuance of this report satisfies the requirements of Government Code Section 65858(d).
SYNERGISTIC POLICIES:
The proposed moratorium supports Richmond’s General Plan 2030 Policy CN3.5 Municipal Sewer District which calls for the city to modernize its wastewater treatment facilities to avoid overflows of untreated sewage.
DOCUMENTS ATTACHED:
Attachment 1 – Urgency Ordinance No. 06-25 N.S.
Attachment 2 - 10-Day Report on Interim Urgency Ordinance No. 06-25 792
ORDINANCE NO. 06-25 N.S.
AN URGENCY ORDINANCE, PURSUANT TO GOVERNMENT CODE SECTION 65858, BY THE CITY COUNCIL OF THE CITY OF RICHMOND, ESTABLISHING A
TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS
REQUIRING A NEW SEWER CONNECTION TO THE KELLER BEACH SANITARY SEWER; AND DECLARING THE URGENCY THEROF
WHEREAS, the Keller Beach Sanitary Sewer was constructed in 1959 and consists of 5,392 linear feet of 8 to 12 inch concrete-encased cast iron interceptor pipe and twenty five (25) sewer structures located within the pipeline, consisting of seventeen (17) manholes and eight (8) cleanouts ("KBSS"); and
WHEREAS, KBSS is located off of Keller Beach in the San Francisco Bay, and remains submerged during ordinary tides, making repair and maintenance of the sewer very difficult due to the limited hours where the sewer can be reached and hazardous conditions; and WHEREAS, given the location of the KBSS, pipe failure and/or sewage leaks would result in significant environmental harm with the limited ability to quickly remediate the damage and/or leaks due to limited accessibility; and
WHEREAS, additional development requiring sewer connections to KBSS poses an immediate threat to the public health, safety, and welfare, as these new sewer flows could exacerbate the potential for a catastrophic failure which could cause a significant public health and safety threat to existing residences; and
WHEREAS, on November 17, 2021, the City received a commissioned assessment and CCTV analysis regarding KBSS. The report recommended performing immediate repairs to the KBSS and potential removal and replacement of portions of KBSS to a different location; and WHEREAS, on January 18, 2022, the City Council adopted Urgency Ordinance No. 01- 22 N.S., establishing a temporary moratorium on the issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer (KBSS) due to concerns about system capacity, structural integrity, and regulatory compliance; and WHEREAS, on March 1, 2022, the City Council adopted Urgency Ordinance No. 05-22 N.S., to extend Urgency Ordinance No. 01-22 N.S. in accordance with Government Code Section 65858 for an additional 10 months and 15 days, expiring on January 17, 2023; WHEREAS, on February 21, 2023, in accordance with Government Code Section 65858 the City Council adopted Urgency Ordinance No. 02-23 N.S., establishing a 45-day moratorium on the issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer (KBSS) due to concerns about system capacity, structural integrity, and regulatory compliance;
WHEREAS, on April 4, 2023, the City Council adopted Ordinance No. 03-23 N.S. to extend Urgency Ordinance No. 02-23 N.S. in accordance with Government Code Section 65858 for an additional 22 months and 15 days, expiring on February 19, 2025; and WHEREAS, since the adoption of the moratorium, the City has worked with consultants and engaged in community outreach to explore long-term solutions for rehabilitating or replacing the KBSS; and
WHEREAS, a study initiated under a contract with Coastland Engineers was disrupted when the firm withdrew in March 2024, citing concerns about public engagement and project direction following City Council action on December 19, 2023, that mandated further review of alternatives under the Baykeeper Settlement Agreement; and WHEREAS, following the withdrawal of Coastland Engineers, City staff has been working to identify a new consultant to conduct a peer review and develop an actionable replacement plan, Ord. No. 06-25 N.S.
Page I of 5
793
but delays have resulted due to extensive public and political engagement, as well as the need to secure qualified facilitation and engineering expertise; and WHEREAS, on July 31, 2024, the City hosted a public outreach meeting facilitated by Kearns and West to provide updates and gather feedback, but additional focus group meetings and coordination efforts remain ongoing; and
WHEREAS, the City has determined that a final scope of design and construction for the KBSS replacement or rehabilitation is currently undetermined, and the estimated completion of the replacement project will take multiple additional years beyond the current moratorium expiration date; and
WHEREAS, City staff is in the process of developing an interim solution in the form of sewage holding tanks that could allow affected property owners to proceed with development, but this solution requires technical standards, regulatory approvals, and implementation planning, which is expected to take six to nine months before it is brought to City Council for approval; and may also explore other options to ·ensure that new sewer connections do not increase the sewage load in the KBSS; and
WHEREAS, allowing new connections to the KBSS, which are not authorized by this Ordinance and which increase sewage flow to the KBSS, before it is repaired or replaced could result in further deterioration, potential system failures, and environmental risks, as well as non compliance with regulatory requirements, including those enforced by the San Francisco Bay Regional Water Quality Control Board, California Department of Fish and Wildlife, and US Army Corps of Engineers; and
WHEREAS, these issues constitute a current and immediate threat to the public health, safety, and welfare, within the meaning of Government Code Section 65858; and WHEREAS, on February 18, 2025 the City Council held a duly noticed public hearing to consider adoption of this Ordinance, including providing a public notice pursuant to Government Code § 65090; and
WHEREAS, Government Code Section 65858 authorizes the City Council to adopt an urgency ordinance by a four-fifths vote to temporarily prevent development and/or construction that threatens the public health, safety, and welfare of citizens residing in the Sewer Moratorium Area (attached and incorporated as Exhibit A); and
WHEREAS, Government Code Section 66300 authorizes a moratorium impacting housing development only where such a moratorium would protect against an imminent threat to the health and safety of person residing in, or within the immediate vicinity of, the area subject to the moratorium and after the Department of Housing and Community Development has reviewed said moratorium; and
WHEREAS, the City has consulted with and submitted this Ordinance to the Department of Housing and Community Development for review and approval pursuant to Government Code Section 66300, and this Ordinance shall not be enforceable against housing development until the City has received said approval of this moratorium; and WHEREAS, the Richmond City Council has determined that a temporary moratorium on the issuance of building permits requiring a new sewer connection to KBSS is necessary to preserve the public health, safety, and welfare, and to protect against the imminent threat to the health and safety of person residing in the Sewer Moratorium Area, and the "Whereas" clauses above taken together constitute the City Council's statements and reasons constituting such necessity and urgency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond does ordain as follows:
SECTION 1. The City Council finds and determines the foregoing recitals to be true and correct are incorporated herein by reference as it set forth in full.
Ord. No. 06-25 N.S.
794
SECTION 2. The City Council finds and determines the Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the existing physical environment and prevents changes in the environment and so does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2), as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061 (b )(3 ), as there is no possibility that the adoption of this Ordinance may have a significant effect on the environment because it maintains the existing condition of the environment.
SECTION 3. Moratorium. A 45-day moratorium is hereby imposed on the issuance and approval of all building permits that would require a new sewer connection to the Keller Beach Sanitary Sewer, further identified in the attached and incorporated Exhibit A. Accordingly, no such permit may be issued or approved while this moratorium, as it may be extended, is in effect. For the purposes of this Ordinance, "sewer connection" means connecting a building's drainage system which conveys the discharge from soil, waste, and other drainage pipes of a business or residence, to the City's sewer main or other applicable sewer infrastructure.
SECTION 4. Term of Moratorium. In accordance with Government Code Section 65858, this Ordinance shall be in full force and effect for a period of 45 days from the date of its adoption, i.e., from February 18, 2025 through and including April 4, 2025, or, for housing developments, from the date when the Department of Housing and Community Development approves this moratorium, whichever occurs later. This 45-day period may be extended by the City Council in accordance with the provisions in Government Code Section 65858.
SECTION 5. Exceptions. The following development activities within the City limits requiring a sewer connection to Keller Beach Sanitary Sewer identified in Exhibit A are exempt from the moratorium established in Sections 3 and 4:
a. Any projects that have vested rights to a new sewer connection because of previously issued building permits; and
b. Projects ordinarily requiring a connection to the Keller Beach Sanitary Sewer for which an application is submitted that proposes a design for the extension of a sewer main to an alternative segment, or which proposes a temporary or permanent solution that meets health & safety standards and creates no more sewage into the Keller Beach Sanitary Sewer than existing development on the site, the design which is approved by the City Engineer or Public Works Director, and the applicant agrees to be solely responsible for all costs and expenses of installing and maintaining said sewer main or temporary or permanent solution, among other terms and conditions provided by the City in an executed and recorded written agreement between the City and property owner/developer to this effect.
SECTION 6. During the term of this moratorium, the Department of Public Works is hereby directed to prepare a scope of work for a feasibility study to determine if the existing sewage flow into the Keller Beach Sanitary Sewer may be reduced, through measures including but not limited to rerouting sewage flow from homes located on Golden Gate A venue, Bishop Avenue, Bishop Aly, and Washington Ct.; and to report to the City Council prior to the expiration of the moratorium on actions needed to complete the feasibility study.
SECTION 7. A development application for which a sewer connection to the Keller Beach Sanitary Sewer is required may be processed during the moratorium and any extension of the moratorium. However, the application shall be processed at the applicant's sole cost and expense and with the understanding that no building permit shall be issued until the moratorium, including any extension of the moratorium, has expired and that such permit may not be issued if it is inconsistent with any amendments to the municipal code, ordinances, or regulations that are amended by reason of the review that occurs during the moratorium. During the effective period of this moratorium, time periods requiring the commencement of a proposed use or construction shall be tolled for existing entitlements and for entitlements approved during the effective period of the moratorium, for the duration of time that the moratorium is in effect.
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SECTION 8. Petition for Relief from Moratorium.
a. Any person who has applied for a permit or entitlement which would be affected by this Ordinance, and who contends that the Ordinance as applied to them would unlawfully restrict the use of the subject property may submit a written application to the Planning Commission requesting relief from this Ordinance. The petition for relief from the moratorium shall identify the name and address of the applicant, the affected application number, and shall state how the Ordinance as applied to them would affect the applicant's reasonable use and economic value of the subject property. The Planning Commission, or their designee, shall mail to the applicant a written determination accepting or rejecting the request for relief from Ordinance. b. In deciding the question of whether relief shall be provided from the moratorium, the Planning Commission shall make the findings as to the applicant's:
1. Reasonable, investment-backed expectation;
2. Reasonable, economic use of the subject property;
3. The timing and the impact of adding the KBSS connection; and
4. Whether the impacts are reasonable under the circumstances. c. Public Hearing.
1. In deciding the petition for relief, the Planning Commission shall conduct a public hearing and shall set a time and place for such hearing to be held within thirty (30) days of the City's receipt of a complete petition for relief;
2. At least ten (10) days before the public hearing, the City shall make available to the public copies of the petition for relief in the office of the City Clerk;
3. Notice of the public hearing shall be provided in accordance with Richmond Municipal Code Article 15.04.803;
4. After receiving public comment, the Planning Commission shall approve, deny, or modify the petition for relief based on the required findings of Section 7(b) above within thirty (30) days following the hearing;
5. The City shall promptly notify the applicant in writing of the Planning Commission's decision on the petition for relief and shall state the reasons and grounds therefore. The City shall also mail notice of its decision to members of the public who have requested notice.
d. Appeal.
1. Any person aggrieved by the Planning Commission's decision on the applicant's petition for relief may appeal to the City Council by submitting a written appeal to the City Clerk within ten (10) days of the decision date. The appellant shall remit the appeal fee listed in the City's Master Fee Schedule when submitting the appeal.
SECTION 9. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted, as required by the law, and it shall thereafter be in full force and effect.
This Ordinance shall become effective immediately as an urgency ordinance, in order to protect the public health, safety, and welfare.
SECTION 10. For the term of this Ordinance, as set forth in Section 4 hereof, the provisions of this Ordinance shall govern, to the extent there is any conflict between the provisions of this Ordinance and the provisions of any other City Code, ordinance, resolution or policy, and all such conflicting provisions shall be suspended.
SECTION 11. This Ordinance is enacted pursuant to the City of Richmond's general police powers, Article II of the Charter of the City of Richmond, Article XI of the California Constitution, and Government Code Section 65858.
SECTION 12. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.
Ord. No. 06-25 N.S.
796
I hereby certify that the foregoing Urgency Ordinance of the City Council of the City of Richmond was duly passed and adopted at a regular meeting thereof held February 18, 2025, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Approved:
EDUARDO MARTINEZ
Mayor
Approved as to form:
DA VE ALESHIRE
City Attorney
State of California }
County of Contra Costa
City of Richmond }
Councilrnembers Bana, Brown, Jimenez, Robinson, Wilson, Vice Mayor Zepeda, and Mayor Martinez.
None.
None.
None.
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
: ss.
I certify that the foregoing is a true copy of Urgency Ordinance No. 06-25 N.S., passed and adopted by the City Council of the City of Richmond at a regular meeting held on February 18, 2025.
Exhibit A: Sewer Moratorium Area
Pamela Christian, Clerk of the City of Richmond
Ord. No. 06-25 N.S.
797