Agenda — Richmond City Council, August 26, 2025 (part 2 of 6)

August 26, 2025
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City Council
DATE: August 26, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Vice Mayor Cesar Zepeda
Subject: Proclamation recognizing August 9, 2025, as International Day of the World's Indigenous Peoples
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

On December 23, 1994, the United Nations General
Assembly adopted resolution 49/214 declaring that the
International Day of the World's Indigenous Peoples shall be observed on August 9th every year. The date marks the day of the first meeting, in 1982, of the UN Working Group on Indigenous Populations of the Sub-Commission on the
Promotion and Protection of Human Rights.

RECOMMENDED ACTION: PROCLAMATION recognizing August 9, 2025, as International Day of the World's Indigenous Peoples,
which celebrates the important contributions of Indigenous Peoples to society and the need to protect their rights and culture - Vice Mayor Cesar Zepeda (510-620-6593).

AGENDA
REPORT
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DISCUSSION:

The International Day of the World’s Indigenous Peoples was established on December 23, 1994, by the United Nations General Assembly, through resolution 489/214. The resolution provided that the International Day of the World’s Indigenous Peoples shall be observed on August 9 of every year during the International Decade of the World’s Indigenous People. The date marks the day of the first meeting in 1982, of the UN Working group on Indigenous populations of the sub-commission on the promotion and protection of human rights.

This day established by the United Nations recognizes and celebrates the contributions and rights of Indigenous Peoples worldwide, while also acknowledging their historical and ongoing struggles. The purpose of this day is to raise awareness about the needs and rights of Indigenous Peoples.

In Richmond, California, the Richmond Art Center hosted a Fall Family Day event to celebrate Indigenous Peoples’ Day, which often overlaps with The International Day of the World’s Indigenous Peoples. The event included activities such as viewing indigenous artist and musicians, enjoying cultural food, and learning about indigenous cultures and history. The day serves as a reminder of the important contributions of Indigenous Peoples to society and the need to protect their rights and culture.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation
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Recognizing August 9, 2025 as
International Day of the World's Indigenous Peoples
WHEREAS, The International Day of the World’s Indigenous Peoples shall be observed on August 9 of every year during the International Decade of the World’s Indigenous People. The date marks the day of the first meeting in 1982, of the UN Working group on Indigenous populations of the sub-commission on the promotion and protection of human rights; and WHEREAS, this is a time to honor the history, contributions, and cultural heritage of the Indigenous Peoples community. The International days of the World’s Indigenous Peoples was established on December 23, 1994, by the United Nations General Assembly, through resolution 489/214, and this day established by the United Nations, recognizes and celebrates the contributions and rights of Indigenous Peoples worldwide, while also acknowledging their historical and ongoing struggles. The purpose of this day is to raise awareness about the needs and rights of Indigenous Peoples; and
WHEREAS, symbolically, the colors of red and orange draws attention to the profound impacts of history and the lasting effects it has had on indigenous communities. Red and orange shirts represent the loss of indigenous identities within residential school systems; and WHEREAS, while it is not a federal holiday under United States Law, the Biden Administration formally issued a proclamation recognizing Indigenous Peoples Day on the holiday in 2021, written with input from the Indigenous activists; and
WHEREAS, in Richmond, California, the Richmond Art Center hosts a Fall Family Day event to celebrate Indigenous Peoples’ Day, which often overlaps with The International Day of the World’s Indigenous Peoples. The event included activities such as viewing indigenous artist and musicians, enjoying cultural food, and learning about indigenous cultures and history. This day serves as a reminder of the important contributions of Indigenous Peoples to society and the need to protect their rights and culture.

NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, and the Richmond City Council do hereby formally recognize August 9, 2025 as The International Day of the World’s Indigenous Peoples for the exceptional contributions to history and to the Indigenous Peoples community.
___________________________ ______________________________ Mayor Eduardo Martinez Vice Mayor Cesar Zepeda
City of Richmond District 2
August 26, 2025

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August 26, 2025
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City Council
DATE: August 26, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Vice Mayor Cesar Zepeda
Subject: Proclamation recognizing August 26, 2025, as Women’s Equality Day
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

August 26th marks the annual, national observation of
Women’s Equality Day. It is a day celebrating the
importance of the women’s suffrage movement and the
work to secure and expand equal rights. The nineteenth
amendment, which granted women the right to vote, was
adopted to the United States Constitution in 1920. It
prohibited states from depriving citizens of the United States of the right to vote based on gender. National
Women’s Equality Day not only commemorates these
achievements but also underscores the importance of
continued advocacy to achieve true gender equality.

RECOMMENDED ACTION: PROCLAMATION recognizing August 26, 2025, as Women’s Equality Day, which celebrates the importance
of the women’s suffrage movement and the work to secure and expand equal rights and underscores the importance
of continued advocacy to achieve true gender equality - Vice Mayor Cesar Zepeda (510-620-6593).

AGENDA
REPORT
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August 26, 2025
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DISCUSSION:

At the behest of Rep. Bella Abzug (D-NY), in 1971 and passed in 1973, the U.S. Congress designated August 26 as “Women’s Equality Day.” The date was selected to commemorate the 1920 certification of the 19th Amendment to the Constitution, which granted women the right to vote. This was the culmination of a massive, peaceful civil rights movement by women that had its formal beginnings in 1848 at the world’s first women’s rights convention, in Seneca Falls, New York. The observance of Women’s Equality Day not only commemorates the passage of the 19th Amendment but also calls attention to women’s continuing efforts toward full equality.

Despite significant progress made since the 19th Amendment, today Women’s Equality Day serves as a vital force functioning for the work that remains to be done to achieve gender equality both in the United States and abroad. Women make up half the global population, but continue to face disparities in pay, representation, and opportunities.

Women’s Equality Day serves as a poignant reminder that the pursuit of gender equality is an ongoing global priority, while commemorating the achievements of women and all those who have supported them in their efforts. By continuing to promote the rights and empowerment of all women and girls, we can move closer to a world where gender equality is not just an aspiration but a reality.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation
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Recognizing Women’s Equality Day on
August 26, 2025

WHEREAS, Congress has designated August 26, the date the Nineteenth Amendment was certified, as Women’s Equality Day. This day remembers the passage of the Nineteenth Amendment of the U.S. Constitution in 1920, as this amendment, also gave women the right to vote, and celebrates the achievements of women in history and the ongoing struggle for gender equality; and
WHEREAS, while the Nineteenth Amendment granted voting rights to women, many women of color faced continued discrimination and were unable to exercise their right to vote until the Voting Rights Act of 1965. Women in every state, in various cultures and religious groups worked to secure women’s right to vote; and WHEREAS, the 1970 "Strike for Equality" held on August 26th, commemorating the 50th anniversary of the Nineteenth Amendment, garnered widespread national attention and served as a pivotal moment in the women's movement, paving the way for the eventual formal recognition of Women's Equality Day; and
WHEREAS, on July 25, 1972, President Richard Nixon issued a proclamation designating August 26 as Women's Rights Day, marking the first official recognition of the occasion.

The following year, in 1973, Congress passed a resolution formally establishing August 26 as Women's Equality Day; and
WHEREAS, recognizing Women’s Equality Day as a National Day of Celebration highlights the vital contributions women have made to democracy, a landmark event in the women’s rights movement, during which women across the country demanded equal opportunities in employment, education, and childcare; and WHEREAS, in Richmond, California, Women’s Equality Day is most notably observed through the annual “Sisters in Solidarity / Hermanas en Solidaridad” event—a community gathering organized by the City of Richmond to honor and celebrate International Women’s Day. This event typically takes place in March to coincide with International Women’s Day. 178
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WHEREAS, The International Women's Day theme for 2025 is "For ALL Women and Girls: Rights. Equality. Empowerment," emphasizing the urgency to achieve gender parity globally. This theme is also expressed as "#AccelerateAction" and focuses on taking swift and decisive steps to overcome gender inequality. The theme aims to push for equal rights, power, and opportunities for all women and girls, advocating for a feminist future where no one is left behind.

NOW, THEREFORE, BE IT PROCLAIMED, I, Mayor Eduardo Martinez, do hereby recognize August 26, 2025, as Women’s Equality Day and extend heartfelt gratitude to Sisters in Solidarity and the City of Richmond for their continued dedication to advancing gender equality and fostering an inclusive community.
___________________________ ______________________________ Mayor Eduardo Martinez Vice Mayor Cesar Zepeda
City of Richmond District 2
August 26, 2025
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August 26, 2025
Economic Development
PORT
DATE: August 26, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Charles Gerard, Port Director
Subject: Contract Amendment No. 2 with Translogix, LLC, for an Approved Emissions Control Solution
FINANCIAL IMPACT: There is no financial impact on the General Fund.

The proposed $250,000 expenditure is included within
the approval fiscal year 2025-2026 budget, Port of
Richmond (Account String: 40162380-400532).

PREVIOUS COUNCIL
ACTION:

October 1, 2024
November 19, 2024

STATEMENT OF THE
ISSUE:

The California Air Resources Board (CARB) At-Berth
Regulation, effective January 1, 2025, mandates
emission reductions from Roll-On/Roll-Off (RoRo)
vessels while docked at California ports. To meet
regulatory requirements and avoid costly penalties, the Port must amend its Marine Terminal Operating
Agreement with Translogix LLC, enabling them to
contract directly with STAX Engineering for a CARBapproved Emission Control System (CAECS).

RECOMMENDED ACTION: ADOPT a resolution and APPROVE a second amendment to the Marine Terminal Operating Agreement
between the Port of Richmond and Translogix LLC, to
authorize the deployment and management of a
California Air Resource Board-Approved Emission
Control System (CAECS) at the Point Potrero Marine
Terminal for a three-year initial term commencing upon
deployment, including a cost-sharing commitment of
$250,000 by the Port, and AUTHORIZE the City Manager
AGENDA
REPORT
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August 26, 2025
or their designee to execute all related documents to
effectuate this amendment - Economic Development-Port
(Charles Gerard 510-829-2253).

DISCUSSION:

Regulatory Compliance Requirements:

Effective January 1, 2025, the California Air Resources Board (CARB) requires all RollOn/Roll-Off (RoRo) vessels docking at California ports to reduce emissions under the At-Berth Regulation. Key regulatory components include:

1. Emission Reduction Targets: RoRo vessels must reduce nitrogen oxides (NOx) and particulate matter (PM) emissions from auxiliary engines by at least 80 percent compared to baseline levels while at berth.

2. Compliance Mechanisms: Acceptable options include connecting to shore power, using CARB-approved alternative control technologies (such as exhaust gas cleaning systems), or employing equivalent solutions that meet CARB standards.

3. Monitoring and Reporting: Ports and shipping lines are responsible for tracking and reporting vessel visits, time at berth, and emission control methods utilized.

4. Enforcement: CARB may impose significant fines and penalties for noncompliance.

These regulations aim to improve regional air quality by significantly reducing harmful vessel emissions while docked.
2023 – Initial Port Efforts to Deploy Shore Power:

In 2023 the Port commenced looking at options for shore power solutions to comply with the CARB regulation. However, due to ongoing supply chain constraints and a lack of familiarity with the solution requirements, the Port did not receive any proposals for this work. In 2025 the Port contracted with Rosendin Electric, a Bay Area electrical contractor that has done work with the Port in the past, to undertake the initial design work for At-Berth shore power.

Because shore power design, construction, deployment and the establishing the required PG&E connections at Berths 7 and 8 represent a multi-year effort, the Port simultaneously pursued alternative compliance solutions as described below. 2024 - Port engagement with STAX Engineering for a CARB-Approved Emissions Control Solution (CAECS):
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In 2024, the Port pursued an alternative compliance method involving CARB-Approved Emission Control Systems (CAECS), specifically an exhaust gas filtration solution deployed via barge. These systems, often referred to as "barge and bonnet" solutions, capture exhaust directly from vessel stacks for emission treatment onboard the barge.

As shown in the picture below, a bonnet is placed over the exhaust gas stacks on the ships and transfers the exhaust gases to an emissions control solution on the barge.

The Port engaged extensively with shipping lines (NYK, MOL, Glovis) and CAECS provider STAX Engineering in an effort to establish direct contractual agreements between carriers and STAX. To bridge the financial gap and support deployment, the Port offered a $500,000 incentive, which City Council approved on October 1, 2024. A support agreement with STAX was finalized on November 19, 2025.

Despite these efforts, contract negotiations fell through in December 2024 when shipping line Glovis announced its withdrawal from the Port of Richmond. 2025 - Agreement with Translogix, LLC (Auto Warehousing Co., or AWC):

At the beginning of 2025, the Port collaborated with our tenant, Translogix (an AWC owned company), to identify a pathway to achieve CARB compliance. The Port has a Marine Terminal Operating Agreement with Translogix that covers certain administrative and clerical terminal operations services for the Port of Richmond and for Auto Warehousing Company. This Marine Terminal Operating Agreement runs in parallel to our lease agreement with AWC for the auto-importing business and is the appropriate company for managing CARB compliance vendor agreements due to alignment with the services Translogix is already providing.

Our collaboration with Translogix resulted in Translogix entering into a service agreement with STAX Engineering to deploy a CAECS at the Port of Richmond. 182

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August 26, 2025
To enable this deployment, the Port must execute Amendment No. 2 to the Marine Terminal Operating Agreement, granting Translogix the authority to manage key operational and commercial aspects related to the CAECS barge.

Key outcomes of this amendment include:
 CARB Compliance: STAX Engineering will initiate construction of the barge upon final agreement execution, with delivery anticipated in March 2026.  Shared Deployment Cost: The previously approved $500,000 deployment incentive will be split evenly between the Port and Translogix, reducing the Port's direct cost to $250,000. Tariff revenues from CAECS operations will be used to reimburse the Port this $250,000 over the agreement term.  Berthing Commitment: The Port and Translogix will provide berthing space for the STAX barge at no cost.
 Tariff Administration: Translogix will be authorized to collect an Environmental Services Tariff on behalf of the Port from RoRo carriers to support CAECS operation.
 Revenue Sharing: Once both parties recover their initial $250,000 investments, the Port will receive 5 percent of net profits from the Environmental Services Tariff for the duration of the agreement's initial term.  Regulatory Flexibility: A change-in-law clause allows for renegotiation in the event of future regulatory shifts.

Cost of Non-Compliance or Remediation Fees with CARB:

As of January 1, 2025, CARB’s At-Berth Regulation is in full effect. To mitigate penalties while compliance infrastructure is finalized, the Port applied for and received a 2025 remediation classification from CARB. This designation waives direct non-compliance penalties in favor of remediation fees, currently assessed at $2,340 per hour of vessel time at berth. These fees are paid directly to CARB by the shipping lines. Deployment of the CAECS barge will eliminate the need for these remediation charges and bring the Port to full compliance.

Conclusion:

Over the past several years, the Port of Richmond has worked diligently to meet CARB At-Berth regulations. Initial challenges, including COVID-related supply chain disruptions and limited vendor familiarity, delayed implementation. Additionally, the Port's relatively small RoRo vessel volume—approximately 60 ship calls per year— creates financial challenges not faced by larger ports such as Port Hueneme, which receives over 200 ship calls annually and can therefore distribute costs more effectively.

Through strategic collaboration with Translogix LLC, the Port has secured a viable compliance pathway. Approval of this amendment will ensure regulatory compliance, protect the Port from financial penalties, and support the continued operation and growth of RoRo services at Point Potrero Marine Terminal. 183

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SYNERGISTIC POLICIES:

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

This Amendment will bring the Port into CARB Compliance, generate jobs to deliver these emission control activities, and will reduce emissions and particulate matter from visiting ship’s auxiliary engines.

DOCUMENTS ATTACHED:

Attachment 1 – Marine Terminal Operating Agreement with Translogix LLC Attachment 2 – Amendment No. 1 to Marine Terminal Operating Agreement Attachment 3 – Amendment No. 2 to Marine Terminal Operating Agreement Attachment 4 – Resolution Translogix Amendment No. 2 for CARB Approved Emissions Control Solution
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AMENDMENT NO. 2
TO

MARINE TERMINAL OPERATING AGREEMENT
THIS AMENDMENT NO. 2 TO MARINE TERMINAL OPERATING AGREEMENT (this “Second Amendment”) is made and entered into as of _____ day of __________, 2025 (the “Effective Date”), by and between THE PORT OF RICHMOND, a California municipal corporation (the “Port”) and TRANSLOGIX, L.L.C., a Washington limited liability company (“Vendor”).

Recitals
A. WHEREAS, the Port and Vendor entered into that certain Marine Terminal Operating Agreement dated May 19, 2009 (as amended, the “Agreement”). Amendment No. 1 (“First Amendment”) to the Agreement, dated May 4, 2011, revised the compensation provided for in Section 2.1. For purposes of this Second Amendment, the capitalized, defined terms used in the Agreement shall have the same meanings when used in this Second Amendment, unless this Second Amendment provides a different meaning. The parties desire to amend the Agreement on the terms and conditions set forth in this Second Amendment.

B. WHEREAS, the California Air Resources Board (“CARB”) imposes certain regulations relating to air quality and emissions upon vessels calling at California ports, including, but not limited to, CARB’s At-Berth Regulations (as amended) (“CARB regulations”);
C. WHEREAS, the Port and Ocean Carriers that call at the Port of Richmond have not yet been able to comply with the CARB regulations and seeks assistance from Vendor to comply with such regulations;
D. WHEREAS, STAX Engineering, Inc (“STAX”) provides certain capture and control services for vessels calling at California ports through the use of a mobile, barge-based system (“STAX Barge”) that captures and controls emissions from docked vessels; E. WHEREAS, Vendor and STAX entered into a Services Agreement with an Effective Date of ___________ ____, 2025 (“Services Agreement”) and a three (3) year initial term which will begin upon the delivery of a functioning STAX capture and control barge (the “Initial Term”) (as may be extended, the “Term”), whereby Vendor, acting for the benefit of the Port of Richmond and the Roll-on, Roll-off ocean carriers that call at Pt. Potrero Marine Terminal berths 5, 6, and 7 (“Ocean Carriers”), contracted with STAX to perform certain emissions capture and control services for such Ocean Carriers. Certain terms of the Services Agreement between Vendor and STAX may be revised following the Initial Term. The parties acknowledge that the lead time for delivery and operation of the STAX Barge is approximately six (6) months following the Effective Date of this Agreement; F. WHEREAS, the parties acknowledge and agree that Vendor is assuming significant business and financial risk in seeking to facilitate the Port and Ocean Carriers’ compliance with the CARB regulations, including but not limited to any contractual liability to 205
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STAX which arise from the Services Agreement due to a decrease in the volume of vehicles calling at the Port;
G. WHEREAS, as between the Port and Vendor, the Port shall be liable for any and all obligations and liabilities which arise from the CARB regulations; and H. WHEREAS, with this Second Amendment, Port and Vendor seek to confirm the parties’ respective obligations and responsibilities relating to the CARB regulations and the STAX Services Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:

1. Berth for the STAX Barge. Throughout the Term of the Services Agreement between Vendor and STAX, as may be extended, Port shall provide exclusive berthing space for the STAX Barge (estimated to be approximately 130’ long) within Pt. Potrero Marine Terminal berths 5, 6, and 7, at the Port of Richmond. Port shall not charge Vendor or STAX any rent or other fees for the berth provided to the STAX Barge during the Term of the Services Agreement.

2. Authority to Charge Ocean Carriers. Port hereby grants Vendor authority to act as its billing agent and to charge and collect tariffs and fees from RORO Ocean Carriers at Pt. Potrero Marine Terminal berths 5, 6, and 7, on behalf of Port, the amount of which shall be determined in Vendor’s reasonable discretion, in exchange for STAX performing emission capture and control services on such ocean carrier vessels while calling at the Port of Richmond.

3. Relationship of the Parties. Notwithstanding that Vendor entered into a Services Agreement with STAX to facilitate certain emissions capture and control services, Port acknowledges and agrees that Vendor is acting as an independent administrator, for the benefit of the Port, with respect to the CARB regulations and Vendor shall not be held responsible or liable for compliance with the CARB regulations or any CARB penalties or fines arising from the CARB regulations. Nothing in this Agreement is intended nor should be construed to create a partnership, joint venture, or employer-employee relationship between Vendor and Port. As it relates to the CARB regulations imposed on the Port and terminal operator, the Port shall be solely responsible and liable for compliance with the CARB regulations, including any reporting requirements, and any CARB penalties or fines arising from the CARB regulations. In recognition of Vendor’s responsibilities with respect to administrative reporting activity at the Port, Vendor shall cooperate in such reporting.

4. Port’s Indemnity of Vendor. Port shall indemnify, defend, protect and hold Vendor and its agents, employees and contractors harmless from and against any and all liens, claims, losses, liabilities, damages, fines, costs, expenses, causes of action and expenses (including reasonable attorneys’ fees and court costs) arising out of the CARB regulations.

5. Vendor’s Indemnity of Port. Vendor shall indemnify, defend, protect and hold Port and its agents, employees and contractors harmless from and against any and all liens, claims, losses, liabilities, damages, costs, and expenses, causes of action and expenses (including reasonable attorneys’ fees and court costs) arising out the contractual obligations set forth in the Services 206
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Agreement between Vendor and STAX, except to the extent of Port’s Funding Commitments under Section 6 of this Agreement.

6. Funding Commitments by Vendor and Port. Vendor and Port shall make the following payments to STAX (collectively the payments described in Sections 6(a) and (b) shall be referred to as the “Funding Commitments”):
(a) Within thirty (30) days of being notified of substantial completion of the STAX Barge and delivery to the Port of Richmond (“Delivery of the Barge”), Vender and Port shall each make payment to STAX in the amount of One Hundred Twenty Five Thousand and No/100 Dollars ($125,000.00) (collectively $250,000.00 between Vendor and Port), such payments to be applied to the Environmental Service Fees provided for in the Services Agreement; and
(b) On the one (1) year anniversary of the Delivery of the Barge, Vendor and Port shall each make payment to STAX in the amount of One Hundred Twenty-Five Thousand and No/100 Dollars ($125,000.00) (collectively $250,000.00 between Vendor and Port), such payments to be applied to the Environmental Service Fees provided for in the Services Agreement.

7. Tariff Revenues. Vendor shall invoice its customers (or customer’s ocean carriers) for the CARB regulation services (such tariffs, fees and charges being referred to as the “Tariff Revenue”). The Tariff Revenue shall also include without limitation any fees and charges established by contract rather than tariff, including any Environmental Service Fees and surcharges. Ocean Carriers shall be directly responsible to STAX for the cost and administration to position the STAX Barge for service, including any tug or towage fees. Vendor shall exercise commercially reasonable efforts to collect the Tariff Revenue generated, provided that Vendor does not guarantee the collection of the Tariff Revenue.

8. Tariff Charges. The following charges shall constitute the tariff (“Tariff”) for such services provided for herein:
(a) Per Unit Charge. As of the date that the STAX Barge is put in service to perform carbon capture services, Vendor shall impose a per unit charge (“Per Unit Charge”) to customers or ocean carriers equal to Fifty Two and No/100 Dollars ($52.00) per unit, such charge being subject to annual adjustment on each anniversary of the Effective Date to reflect any increase in the Consumer Price Index for All Urban Customers-Western Region All Items, 1982-84=100 published by the Bureau of Labor Statistics of the United States Department of Labor; provided, in no event shall any adjustment result in an reduction to the Per Unit Charge. Note: there is a minimum charge of $3,750 per hour, times the number of Hours at Berth. Hours at Berth will be calculated based upon first line ashore to let go of last line.

9. Tariff Reserves. The difference between (i) the Tariff Revenue, and (ii) the sum of the Vendor’s third party costs and expenses to manage, impose and collect such Tariff Revenue, to include payment to STAX for its services, and an administrative fee equal to two percent (2%) of the total Tariff Revenue (“Administrative Fee”), shall be considered “Tariff Profits.” The Tariff Profits, if any, for the first and second Service Years (as defined in the Service Agreement) of the Initial Term of the Service Agreement with STAX shall be held by 207
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Vendor as reserves to pay for deficits or shortfalls, if any, until the Guaranteed Service Hours (as defined in the Service Agreement) in the third Service Year are fulfilled and paid (“Fulfillment of Guaranteed Service Hours”).

10. Administration, Collection and Distribution of Tariff Revenue. Tariffs shall be administered on a monthly basis during the Term of the Services Agreement with STAX.

Vendor shall, on or before the fifteenth (15th) day following the close of each calendar month, deliver to Port a written statement itemizing the total Tariff Revenue collected for such month and the disbursement of any such collected amounts. Subject to the Tariff Reserves detailed in Section 9 of this Agreement, Vendor shall, on or before the fifteenth (15th) day following the close of each calendar month, apply and disburse any Tariff Revenue actually collected by Vendor during such month.

11. Distribution of Tariff Profits. Subject to the Tariff Reserves detailed in Section 9 this Agreement, upon the Fulfillment of Guaranteed Service Hours, the payment of Tariff Profits shall be split equally (50% each) as between Vendor and Port until the parties’ total Funding Commitments ($250,000 for Vendor and $250,000 for Port) are repaid. After the Funding Commitments have been repaid to the parties and in light of the business and financial risk that Vendor is assuming in an effort to facilitate the Port’s and Ocean Carriers’ calling at the Port of Richmond compliance with the CARB regulations, any remaining and future Tariff Profits during the Initial Term of the Services Agreement shall distributed as follows: five percent (5%) to the Port; and ninety-five percent (95%) to Vendor.

12. Change in Law. In the event that any law or regulation enacted, promulgated or amended after the date of the Agreement or any interpretation of law or regulation by a court or regulatory authority of competent jurisdiction after the date of the Amendment (collectively “Change in Law”) renders any provision of this Amendment illegal or unenforceable or materially affects the ability of either party to perform its obligations under this Amendment, then either party may request renegotiation of the applicable terms of this Amendment by written notice to the other. Both parties agree to negotiate in good faith an amendment that preserves the original reasonable expectation of the parties to the extent possible and in a manner consistent with the Change in Law.

13. Repeal of CARB regulations. In the event that the CARB regulations are repealed, revised or eliminated such that STAX services are no longer required under the law, Vendor may continue to charge and collect Tariff Revenues from its customers and ocean carriers in order to reimburse Vendor for its remaining obligation, as such obligation applies to Vendor in its Services Agreement with STAX.

14. Mutual Cooperation. Each party, upon request and without liability or expense except as otherwise provided herein, will reasonably cooperate with and assist the other as may be necessary for the requesting party to carry out the purposes of this Amendment.

15. Conflict. This Second Amendment is and shall be construed as a part of the Agreement. In case of any inconsistency between this Second Amendment and the Agreement, the provisions containing such inconsistency shall first be reconciled with one another to the maximum extent possible, and then to the extent of any remaining inconsistency, the terms of this Second Amendment shall be controlling.
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16. Force and Effect. Except as set forth in this Second Amendment, the terms and conditions of the Agreement shall remain unchanged and in full force and effect.

17. Ratification; Governing Law. The parties acknowledge that the provisions of the Agreement are hereby republished and ratified, and shall remain in full force and effect.

18. Counterparts; Facsimile; Authority. This Second Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Second Amendment by facsimile or PDF transmission shall be as effective as delivery of a manually executed counterpart. Each natural person who is executing this Second Amendment on behalf of the parties hereby represents and warrants that he or she has the full power and authority to execute this Second Amendment on behalf his or her respective party. [signatures and acknowledgments to follow]
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written.

PORT OF RICHMOND,
a California municipal corporation
By: _______________________________
Executive Director
Charles Gerard
Reviewed by: ATTEST:
__________________________ ________________________________ Port Attorney City Clerk

STATE OF CALIFORNIA )
) ss.

COUNTY OF CONTRA COSTA )
On this ______ day of ____________, 2025, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Charles Gerard, known to be the Executive Director of the Port of Richmond, the municipal corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of that company for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the instrument on behalf of the company.

WITNESS my hand and official seal hereto affixed the day and year first above written.

Signature
Printed Name:

NOTARY PUBLIC in and for the
State of California residing at
My Commission Expires:
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TRANSLOGIX, L.L.C.,
a Washington limited liability company
By: _______________________________
Ben Seher
Delegate of Manager
ATTEST:
______________________________
Secretary

STATE OF WASHINGTON )
) ss.

COUNTY OF PIERCE )
On this ______ day of ____________, 2025, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ________________, known to be the delegate of the manager of TRANSLOGIX, L.L.C., the limited liability company that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of that company for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the instrument on behalf of the company.

WITNESS my hand and official seal hereto affixed the day and year first above written.

Signature
Printed Name:

NOTARY PUBLIC in and for the
State of Washington residing at
My Commission Expires:
211
Reso. No. _____

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE MARINE TERMINAL

OPERATING AGREEMENT BETWEEN THE CITY OF RICHMOND AND

TRANSLOGIX LLC TO FACILITATE DEPLOYMENT OF A CARB-APPROVED

EMISSION CONTROL SYSTEM AT THE POINT POTRERO MARINE

TERMINAL
WHEREAS, the California Air Resources Board (CARB) At-Berth Regulation, effective January 1, 2025, mandates significant reductions in vessel emissions while ships are docked at California ports; and
WHEREAS, the Port of Richmond has explored multiple strategies to achieve compliance with the CARB At-Berth Regulation, including the investigation of shore power infrastructure and deployment of CARB-approved alternative control technologies; and WHEREAS, the Port of Richmond, in collaboration with its tenant, Translogix LLC (Auto Warehousing Company), has identified a viable compliance pathway through the deployment of a CARB-Approved Emission Control System (CAECS) operated by STAX Engineering; and WHEREAS, to enable this deployment, Amendment No. 2 to the Marine Terminal Operating Agreement is required to authorize Translogix LLC to manage the operational and commercial implementation of the CAECS barge system at the Port; and WHEREAS, the proposed amendment establishes shared financial responsibility for deployment costs, authorizes Translogix LLC to administer Environmental Services Tariff charges, and includes provisions for berthing space, revenue sharing, and future regulatory adjustments; and
WHEREAS, successful implementation of this amendment will ensure the Port’s compliance with CARB At-Berth regulations, reduce the risk of financial penalties, and support the long-term sustainability of Roll-On/Roll-Off vessel operations at the Point Potrero Marine Terminal;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby:

1. Approves Amendment No. 2 to the Marine Terminal Operating Agreement between the City of Richmond and Translogix LLC;

2. Authorizes the City Manager or their designee to execute said amendment and any documents necessary to effectuate its intent; and

3. Appropriates $250,000 from the Port Enterprise Fund to support the Port’s share of CAECS deployment costs.
******************
***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW**** I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on Mmmm dd, yyyy, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
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Reso. No. _____

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CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
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August 26, 2025
Economic Development
DATE: August 26, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nannette Beacham, Director of Economic Development Samantha Carr, Environmental Manager
Yahna Williamson, Management Analyst
Subject: Update Report on Healthy Options at Point of Sale (HOPS) from Youth Advocates.

FINANCIAL IMPACT: There is no fiscal impact for receiving this item.

PREVIOUS COUNCIL
ACTION:

April 1, 2025

STATEMENT OF THE
ISSUE:

The Healthy Options at Point of Sale (HOPS) Youth
Advocates have prepared an update for City Council to
summarize their community engagement, survey results,
and continued advocacy efforts following Council
direction on April 1, 2025.

RECOMMENDED ACTION: RECEIVE a written report update from Youth Advocates on Healthy Options at Point-of-Sale - Economic
Development (Yahna Williamson 510-620-
6574/Samantha Carr 510-620-5407/ Nannette Beacham
510-620-1306).

AGENDA
REPORT
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August 26, 2025
DISCUSSION:

Background
On January 25, 2022, the City Council received a report from Healthy Options at Pointsof-Sale (HOPS) youth advocates detailing the prevalence of unhealthy food and beverage marketing in Richmond retail stores. The report highlighted how checkout aisles are stocked with snacks high in salt, saturated fat, and added sugars, disproportionately affecting low-income and communities of color. Following this presentation, the City Council directed City staff to draft an ordinance requiring large retail stores to provide healthier checkout options within 60 days. However, due to competing priorities, this directive was not implemented at the time.

On March 4, 2025, a new cohort of HOPS youth advocates presented updated research reaffirming the need for a Healthy Checkout Ordinance in Richmond. They provided data on similar policies successfully implemented in Berkeley (2020) and Contra Costa County (2024). The City Council, recognizing the importance of this initiative, directed staff to return within 30 days with policy options addressing concerns around enforcement costs, implementation logistics, and defining key components of the policy.

On April 1, 2025, City staff returned with a draft Healthy Checkout Ordinance modeled after Contra Costa County’s proposal and sought City Council direction on four policy issues: enforcement strategy, the definition of “large businesses,” the criteria for “healthy foods,” and an outreach and education plan. City staff recommended partnering with Contra Costa County for enforcement, adopting a 2,000 sq. ft. threshold for large retailers, aligning healthy food definitions with Berkeley’s policy, and implementing a one-year outreach period prior to enforcement. The ordinance also aligns with the 2030 General Plan’s Health and Wellness Element, particularly its goals around expanding access to healthy food. In addition, it supports Richmond’s Health in All Policies (HiAP) framework and advances the City’s broader efforts to promote health equity and improve food access.

Since then, the HOPS youth advocates have continued their research and engagement efforts by surveying retail stores in Richmond over 2,000 square feet. The list of 33 Richmond retailers was divided between Bay Area Community Resources, the Richmond Food Policy Council and Richmond HOPS. Of the 33 retailers, 27 participated in the survey. The presentation provides a summary of the retailers visited, criteria used, and responses (Attachment 1).

Retailers were asked the following questions:

1. Before this survey, were you aware of the concept of Healthy Retail policies?  21 stores reported no they were unaware, 5 reported yes they were aware, and 1 store was unsure.

2. How supportive are you of a policy that would require stores to stock healthier food items at checkouts?
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August 26, 2025
 6 stores, including Target and Walmart, reported they strongly favored a policy that would require stores to stock healthier food items at checkout.
 7 stores, including CVS, 7-Eleven, Arco AM/PM, and Dollar Tree, reported they were in favor.
 6 stores reported “corporate” which means they replied with "corporate has the final say."

3. How supportive are you of a policy that would require stores to stock sweetened beverages like soda and energy drinks in one place in the store?  6 stores reported they strongly favored a policy that would require stores to stock sweetened beverages like soda and energy drinks in one place in the store.
 9 stores reported they were in favor.
 Note: After the Youth Advocates presented these questions to the City for feedback, they modified this survey question to incorporate feedback. Moving forward for future surveys, they have updated this survey question to read: "A RAND Corporation study in
California found that sugary drinks appear, on average, in 25 different places in a single grocery store. How supportive are you of a policy that would require stores to stock sweetened beverages like soda and energy drinks in just one place in the store?
i. Strongly opposed / Opposed / Neutral / In Favor / Strongly in Favor / Corporate
ii. Comments (optional)"

4. What concerns, if any, do you have about implementing a Healthy Retail policy?
 Note: Data is the percentage of stores reporting concerns (due to some stores choosing more than one concern)
 The most expressed concern was the revenue loss, with 33 percent of stores reporting it as an issue.
 Specific topics related to revenue loss included shoplifting, the short lifespan of perishable goods (which again, our ordinance does not require retailers to stock perishable foods), and safety concerns due to break-ins—a fear shared by nearly every business owner, though unfortunately beyond the scope of our ordinance.
 Another key concern, cited by 22 percent of stores, was the potential for enforcement consequences, such as receiving citations or fines.  7 respondents stated they had no concerns at all, which highlights a strong signal of confidence in the approach.

5. In other cities, support has been provided to retailers to assist with implementation. If Healthy Checkout moves forward, what types of support would make it easier for you to implement a Healthy Checkout policy?  Of the stores surveyed, 70 percent reported a support packet as a helpful tool in implementing healthy retail.
 The second at 33 percent was 1-to-1 technical assistance. 216

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August 26, 2025
Their findings reaffirm the importance of adopting a Healthy Checkout ordinance, as the responses reflected that retailers were in favor of the ordinance overall.

Additionally, City staff had an initial meeting with Contra Costa County and received an updated list of Richmond retailers over 2,000 square feet. From this list, there were an additional five Richmond retailers not on the initial list of surveyed retailers:
 99 Ranch Market
 Cutting Market
 Dollar Tree (12300 San Pablo Ave)
 Lao Jalume Market
 Spot Liquor
There are plans to survey these stores soon. There was one retailer on the Youth Advocates’ retailer list that was not listed in the County’s:
 Golden 7 Quick Stop (surveyed this location)
SYNERGISTIC POLICIES:

This initiative supports the City's broader 2030 General Plan efforts in the Heath and Wellness section, as well as the Health in All Policies (HiAP) framework.

DOCUMENTS ATTACHED:

Attachment 1 – HOPS Youth Advocates August 2025 Council Update Presentation Attachment 2 – Retailer Survey
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Healthy Retail Retailer Opinion Poll
NOTES: BACR staff and youth advocates will fill out this info.

Introduction: Thank you for taking the time to talk with us today. At the request of the city, we are gathering input from Richmond food retailers about the potential implementation of a Healthy Retail policy, which would require stores to stock healthier food items, including foods with no more than 5 grams of added sugar or 200 mg of sodium per serving and beverages with no added sugars or non-nutritive sweeteners, in checkout queues and within three feet of the point of sale. The ordinance would NOT require you to stock perishable foods like fruits and vegetables, but would require foods like those pictured here (share eligible foods/beverages/gum/mints handout). You could also choose to stock non-food items like magazines, toys, gift cards etc.

The ordinance may also include a clause that requires sodas to be located in one place in the store.

Your feedback will help us understand your level of support, anticipated challenges, and the type of assistance that would help facilitate implementation.

This survey should take approximately 5-7 minutes to complete.

1. Business Information (BACR fills out)
● Business Name: ________________________
● Business Type:
● Address: ______________________
● # of Checkout Lanes:

2. Awareness & Support for Healthy Retail
● Before this survey, were you aware of the concept of Healthy Retail policies? ○ Yes / No / Unsure
● How supportive are you of a policy that would require stores to stock healthier food items at checkout?
○ Strongly opposed / opposed / neutral / in favor / strongly in favor / corporate ○ Comments (optional):
● A RAND Corporation study in California found that sugary drinks appear, on average, in 25 different places in a single grocery store. How supportive are you of a policy that would require stores to stock sweetened beverages like sodas and energy drinks in just one place in the store?
○ Strongly opposed / opposed / neutral / in favor / strongly in favor / corporate ○ Comments (optional):
226
• What concerns, if any, do you have about implementing a Healthy Retail policy? o Time / Staff costs / Infrastructure Costs / Revenue Loss / Knowledge / Enforcement Consequences / Norms in Retail / Available Support / Customer Support / Other: _______________
o Comments (optional):

3. Implementation Support Needs
● In other cities, support has been provided to retailers to assist with implementation. If healthy checkout moves forward, what types of support would make it easier for you to implement a Healthy Checkout policy? (read these out loud to retailer) ○ Support packet (detailing responsibilities and technical assistance options, as well as an FAQ document)
○ 1-1 technical assistance
○ Identification of compliant products (that are already in your store) ○ No-penalty inspections
○ Webinar
○ Postcards with QR code directing customers to city website for more info ○ Posters informing consumers about the changes at checkout ○ Is there any other support that you think might be helpful? ___________

4. Additional Feedback
● Do you have any additional thoughts or concerns about the Healthy Retail initiative? ________________________
Thank You! Your feedback is invaluable in shaping policies that support both businesses and community health. If you’d like to be contacted for follow-up discussions, let us know your name and email (optional):

Name: ______________________
Email: ______________________
227

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August 26, 2025
Economic Development
PORT
DATE: August 26, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Charles Gerard, Port Director
Subject: Approval for International Travel for Port Director to Québec Canada for the 114th American Association of
Port Authorities Annual Convention
FINANCIAL IMPACT: The proposed $5,195 expenditure is included within the approved fiscal year 2025-2026 Port budget (Account
String: 40161080-400243).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The American Association of Port Authorities (AAPA) is
an international organization across North America. Port Director Charles Gerard is an active member of this
industry organization and plans to attend the annual
conference. The 2025 conference is being held in
Québec, Canada from October 6-8, 2025. City Council
approval is required for international travel.

RECOMMENDED ACTION: APPROVE the request for international travel for the Richmond Port Director, Charles Gerard, to Québec City, Québec, Canada for the 114th American Association of
Port Authorities Annual Convention & Exposition with
dates of October 6-8, 2025 – Economic Development
(Charles Gerard/510-620-6792).

AGENDA
REPORT
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August 26, 2025
DISCUSSION:

About the AAPA Convention
The 114th American Association of Port Authorities Annual (AAPA) Convention & Exposition is a premier event for the seaport industry. The 2025 event will be hosted in Québec City, Québec Canada from October 6-8, 2025. The event allows gathering of port professionals, terminal operators, service providers, and supply chain partners. Its leading-edge business program explores the latest trends, and its dynamic exhibit hall showcases innovative solutions. It provides access to top decision makers, professionals and experts through invaluable networking, technical and policy sessions.

The Annual Convention is AAPA’s largest membership meeting of the year, allowing port professionals, transportation leaders and marine industry innovators to explore trends and discover solutions that empower ports, people and businesses.

As global trade undergoes significant transformation, this year’s convention offers a timely forum to hear from leading voices, exchange insights with peers, and explore new strategies to strengthen Port industry. It’s also a unique opportunity for ports across the Americas, including the United States, Canada, Latin America, and the Caribbean to deepen cross-border collaboration.

The important elements for the Port Director to attend the 2025 AAPA Convention & Exposition are:
 Government Advocacy and Access
Engage directly with federal decision-makers shaping port policy. Demonstrate industry strength through unified presence and collective influence.  Peer Learning and Strategic Insight
Engage in open, peer-to-peer dialogue focused on real challenges and practical solutions. Gain actionable ideas on funding, infrastructure, security, and resilience.
 Networking and Industry Alignment
Reconnect with peers, partners, and vendors in a dynamic, collaborative setting.

Share insights across regions—trading lessons learned and success stories that elevate the entire industry.
 Visibility and Influence
Ensure your port’s voice is represented in key industry conversations. Position yourself or your organization for leadership roles within the industry.  Showcasing and Storytelling
Share your port’s story and highlight its impact. Highlight operational excellence, community engagement, and sustainability.
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August 26, 2025
SYNERGISTIC POLICIES:

AAPA membership supports the Port’s mission and objectives. Participation will allow best practices in port operations, leadership, and strategic planning while also strengthening industry connections that could lead to future opportunities for building revenue, creating innovation, collaboration and growth.

DOCUMENTS ATTACHED:

Attachment 1 – Request for Travel Memo
Attachment 2 – Request for Travel and Training_Charles AAPA Quebec Attachment 3 – AAPA Annual Convention Agenda
230
1322 Canal Blvd, Richmond, CA 94804
Telephone: (510) 215-4600 Fax: (510) 233-3105 www.ci.richmond.ca.us

PORT OF RICHMOND
27 July 2025
To: Nannette Beacham, Economic Development Director
From: Charles Gerard, Port Director
Ref: 2025 American Association of Port Authorities (AAPA) Annual Convention Quebec, Canada, October 6-8, 2025
Nannette –
I am submitting the enclosed travel request to attend the AAPA Annual Conference. I attended this conference last year in Boston, MA. This year’s conference is to be held in Quebec, so it requires international travel.

The Port of Richmond is a member of AAPA. The event presents an opportunity to meet and engage public port executives from across the nation, including many that are like the Port Richmond. That is, small mixed cargo and marine service-oriented Ports. The first day of the conference includes commissioner and executive only briefings from industry leaders. It also includes committee meetings for members of AAPA. The committees we participate in include:
• Engineering, Construction and Maintenance Committee (infrastructure, terminal design) • Harbors & Navigation (infrastructure, dredging,..)
• Economic Development (port real estate, industrial development, master planning,..) These committees discuss common challenges and share successes on many of the initiatives we are pursuing in Richmond.

Other key topics to be discussed in the general agenda include:
• Developing Port Master Plans as Roadmaps
• Modernizing Port Infrastructure
• Electrifying Port Operations
• Building Stronger Communities through Workforce Development Please let me know if any questions.

Thank you,
Charles J. Gerard
Charles J. Gerard
Port Director
Port of Richmond, CA
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August 26, 2025
DocID #50930v1
Economic Development
PORT
DATE: August 26, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Charles Gerard, Port Director
Lizeht Zepeda, Senior Business Assistance Officer
Subject: Port Contract with Greentech Industry Inc. for Selective Interior Demolition at the Cafeteria Building at the Point Potrero Marine Terminal
FINANCIAL IMPACT: The contract value is $98,000, with an additional supplemental allowance of $15,000, for a total not-toexceed contract amount of $113,000. Funding is included in the Fiscal Year 2025-2026 Port Budget Account String:
40163080- 400201- 36028.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Cafeteria Building (Building 23) is a historic structure located within the Point Potrero Marine Terminal. The
Port seeks to retain Greentech Industry Inc. to complete selective interior demolition to remove non-original walls to support an architectural assessment of the building to preserve its integrity.

RECOMMENDED ACTION: APPROVE a contract with Greentech Industry Inc. in the amount of $113,000 for selective demolition of interior walls, ceiling tiles, and related items to prepare for an architectural assessment and preserve historic integrity at Point Potrero Marine Terminal Building 23: Cafeteria Building, with a term beginning August 26, 2025, and
ending June 30, 2026 – Economic Development
Department (Charles Gerard 510-620-6792).

AGENDA
REPORT
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August 26, 2025
DocID #50930v1
DISCUSSION:

Background
The Cafeteria Building also known as Building 23 was part of Shipyard No. 3, which is now known as the Point Potrero Marine Terminal (PPMT). The Shipyard was built between 1941 and 1942 by Henry J. Kaiser during World War II and employed thousands of workers and produced over 747 vessels as part of the war effort. The Cafeteria Building was built in September 1943 and is considered a contributing historical structure, one of five historic structures within the Shipyard No. 3 at PPMT, that is listed in the National Register of Historic Places and part of Rosie the Riveter World War II Home Front National Historical Park, a historic district created by an Act of Congress (Public Law 106-352). The Cafeteria Building served hot meals for officials, supervisors, and exempt employees during the operation of the Shipyards.

The Cafeteria Building has been unoccupied for approximately fifteen years, leaving the exterior and interior of the building in deteriorating condition. Short periods of occupancy over the past few decades have altered the Cafeteria Building’s interior with nonoriginal, non-historical ceiling material, tiles, floor, doors, and walls. In 2023, the Port of Richmond (Port) worked with Public Works Department (PW) to budget a capital improvement project: Historic Cafeteria Building WWII Richmond Shipyard No. 3.

Maintenance and Winterization Project that was approved by City Council on October 3, 2023.

This project is being delivered in a phased approach, and one outstanding deliverable is to assess and evaluate the structural conditions of the Cafeteria Building. PW has procured this contract with a vendor; however, the Port must clear the building of unnecessary content in preparation for an architectural assessment.

The Port tested the building interior material for hazards in preparation for this demolition work through a contract with Applied Materials & Engineering Inc. (AME).

This included testing of ceiling material, tiles, temporary walls and other components inside the building for asbestos and lead. In April 2025, AME provided a final hazardous report of the findings within the building. Asbestos was detected in the floor tile and mastic (adhesive), and lead was detected in the paint on the walls, windowsills, and ceiling drywall within the building.

The selective interior demolition is needed to remove the Cafeteria Building’s nonoriginal, non-historical ceiling material, tiles, floor, doors, walls, and other material that is not original to the interiors of the building. In May 2025, a Request for Proposals (RFP) 248

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August 26, 2025
DocID #50930v1
for the Cafeteria Building for selective interior demolition was posted using the City’s procurement system (Attachment 2). AME’s final report was included in the RFP as Appendix D – Hazardous Materials Report. On June 9, 2025, the Port held an on-site inspection where prospective vendors were allowed to inspect the site located at 1333 Canal Boluvard. Seven prospective bidders attended the onsite inspection. On June 26, 2025, the Port received five proposals from the contractors listed below.

Contractor’s Name Location Bid Value
Lg Engineering Richmond $ 93,850
Greentech Industry, Inc. Pleasant Hill $ 113,000
New Century Construction & Consulting Inc Turlock $ 202,800 Top Line Engineers Inc Hayward $ 237,400
Resource Environmental, Inc. Cerritos $ 538,000
The lowest bidder was Lg Engineering at $ 93,850; however, they were deemed nonresponsive, and not a responsible bidder due to their failure to present a bid bond and supporting materials, as requested in the Instructions to Bid in the RFP.

Upon review of the proposals, Greentech Industry, Inc. was deemed by City staff to be the lowest, responsive, responsible bidder with the Selective Demolition value of $98,000 and the supplemental work allowance of $15,000, for a bid total of $113,000.

The Port seeks to award a contract agreement to Greentech Industry, Inc. for a term ending June 30, 2026 (Attachment 1).

The order of work for Greentech Industry, Inc. includes:
 Prepare submittals for all products used in construction of the project  Procure all materials, equipment, power, water needed for construction  Mobilize equipment and materials on the site
 Field walk with authorized City representatives to determine demolition limits  Mark walls for demolition, no demolition to commence without Port approval  Remove interior non load bearing walls
 Remove non original ceiling tiles and protect existing tiles as shown on A-2 (Attachment 3)
 Remove and salvage all original lights as shown on sheet A-2 (Attachment 3)  Complete additional hazardous materials testing once demolition is completed Additionally, the Port has submitted a permit application for the demolition work at the Cafeteria Building, including a historic structure report and evaluation to the Community Development Department. The Port believes this work is consistent with the Secretary of the Interior standards for the treatment of historic properties. 249

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August 26, 2025
DocID #50930v1
Conclusion
The Cafeteria Building at PPMT is a historically significant structure facing urgent maintenance and rehabilitation needs. The intent is to clear the building of unnecessary content in preparation for an architectural assessment. The Port desires to grow its industrial and marine operations while preserving its historic integrity.

SYNERGISTIC POLICIES:

This project aligns with City Council Strategic Goal Area No. 2 – Increase Revenue and Improve Economic Development, specifically Objective 2.5: Revitalization of the Port.

By investing in the assessment and long-term rehabilitation of the Cafeteria Building, the Port of Richmond is supporting continued operations, preserving a historic facility, and enhancing its leasing potential, all of which contribute to increased revenue generation and the broader revitalization of the City and Port.

DOCUMENTS ATTACHED:

Attachment 1 – Draft Contract with Greentech Industry, Inc.

Attachment 2 – Request for Proposals
Attachment 3 – Cafeteria Plan
Attachment 4 – Scoring Matrix
250

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Economic Development - Port Charles Gerard [email protected] (510) 620-6792 Port of Richmond Building 23 Cafeteria Interior Demolition Greentech Industry Inc 56 Matisse Court Pleasant Hill, CA 94523 Nick Jelev (510) 853-4497 40068274 August 26, 2025 June 30, 2026 113,000.00 251

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
Greentech Industry Inc
252
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]:

Greentech Industry Inc
See scope and budget attached.
253
City of Richmond Selective Interior Demolition
Bid Proposal
19 City of Richmond
Port Department

BID PROPOSAL
DATE: _____________________________
TO THE CITY CLERK OF RICHMOND, CALIFORNIA:

NAME OF BIDDER _________________________________________________________________ BUSINESS P.O. BOX ________________________________________________________________ BUSINESS STREET ADDRESS _______________________________________________________ (Please include even if P.O. Box used)
CITY, STATE, ZIP __________________________________________________________________ TELEPHONE NO. AREA CODE ( )______________________________________________ FAX NO. AREA CODE ( ) _____________________________________________ CONTRACTOR LICENSE NO. _______________________________________________________ LICENSE EXPIRATION DATE _______________________________________________________ DEPARTMENT OF INDUSTRIAL RELATIONS NO. ____________________________________ Building 23: Cafeteria Selective Interior Demolition
The work to be done and referred to herein is in the City of Richmond, Contra Costa County, State of California.

Construction to be in accordance with the Special Provisions including the payment of not less than the minimum wage rates set forth herein and the Contract annexed hereto and also in accordance with the State Standard Specifications dated 2022, and the current "Equipment Rental Rates and the Contractor is hereby notified that this project is subject to prevailing wage rates as described in the Instructions to Bidders.

To the City of Richmond Department of Public Services:

The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm or corporation; that they have carefully examined the location of the proposed work; and the Plans therein referred to; and they propose, and agree if this Proposal is accepted, that they will contract with the City of Richmond to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed and according to the requirements of the Engineer as therein set forth, and that they will take in full payment therefor the following item prices to wit:

END OF BID PROPOSAL
254
City of Richmond Selective Interior Demolition
Bid Schedule
20 City of Richmond
Port Department

BID SCHEDULE

BASE BID

ITEM DESCRIPTION QUANTITY UNIT UNIT COST
($/UNIT)
COST
($)
1 Selective Demolition 1 LS
2 Supplemental Work 1 Allow $15,000 $15,000
ALLOW = Allowance, LS = Lump Sum

BID SUMMARY

BASE BID

TOTAL PRICE
IN FIGURES $

TOTAL PRICE IN
WORDS
One Hund
255
City of Richmond Selective Interior Demolition
Bid Schedule
21 The undersigned acknowledges the receipt of the following addenda to the drawings and specifications.

Addendum No. Date Addendum No. Date
The undersigned hereby certifies that they understand and agree that the items listed as Bid Alternates may be incorporated into the Contract Documents at the discretion of the City depending on the financial resources available at the time the contract is awarded. The undersigned herby certifies they understand and agree that regardless of whether the City incorporates the use of the Bid Alternates, the Low Bidder will be determined by the Total Bid (as shown above); which is the total of the Base Bid.

The undersigned hereby certifies that he has an appropriate license, issued by the State of California to provide this work; that such license will be in full force and in effect throughout the duration of construction; and that any and all subcontractors to be employed on this project will be similarly licensed.

Dated
California Contractor’s License No.

CONTRACTOR
Signature Print or Type Name and Title
REJECTION OF BIDS:

The undersigned agrees that the City of Richmond reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do so seems to best serve the public interest.

TIME
The undersigned agrees to furnish, within ten (10) working days from the receipt of the Notice of Award of Contract, the items required by Section 1-03 of the Special Provisions. The failure to timely provide such items may result in annulment of the award and forfeiture of the Proposal Guarantee.
256
City of Richmond Selective Interior Demolition
Bid Schedule
22 The undersigned agrees to begin work within ten (10) working days after the date specified in the Notice to Proceed.

If the proposal is accepted, the undersigned agrees to execute the required agreement and furnish the required bonds within ten (10) working days from the date of signing of this Contract.

BID DEPOSIT
There is enclosed herewith, a certified check or surety bond in the sum of ten percent (10%) of the base bid DOLLARS AND
CENTS ($ ) made payable to the City of Richmond and
the undersigned agrees that in case of his failure to execute the necessary contract and furnish the required bonds, the certified check or surety bond the money payable thereon, shall be and remain the property of the City.

S Corporation, incorporated on 01/01/2010 in California Fed ID # 27-1920949
Officers:

Kris Jelev, President
Katia Valtcheva, Secretary
Denis Jelev, Treasurer
Nick Jelev, Director
259
City of Richmond Selective Interior Demolition
Subcontractor Form
24 City of Richmond
Port Department

SUBCONTRACTOR FORM
(Required Listing of Proposed Subcontractors)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Works Code – “Subletting and Subcontracting Fair Practices Act.” No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Richmond pursuant to Section 4107 of the Public Contracts Code. The following information is required for each subcontractor. Additional pages can be attached if required.

City will not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.

Demolition
Mars
Construction No
Electrical WESTAPRO No
260
Subcontractor Form
25 Type of State
Contracting License &
Number
DIR Registration
Number
Amount of Bid
($ or %)
*Licenses are renewable annually. If no valid license, indicate “NONE.” Valid license must be obtained prior to submission of signed contracts. This applies to all subcontractors.

NOTE: If alternate bids are called for, and Contractor intends to use different or additional subcontractors on the alternates, he/she must provide a separate list of subcontractors for each alternate.
_______________________________________
Signature of Bidder

END OF SUBCONTRACTOR FORM
261
Debarment and Suspension Certification
26 BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Bidder is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on or completing any contract for construction.

1. Have you ever been disqualified from any contract?
Yes No

2. If yes, explain the circumstances:
_
Signature of Bidder
262
Debarment and Suspension Certification
27 City of Richmond
Port Department

PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the Bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has_____ has not_____been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of any public works contract as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after “has” or “has not” in one of the blank space provided. The above Statement is part of the Bid Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In accordance with Public Contract Code Section 10162, the Bidder shall complete under penalty of perjury, the following questionnaire:

X
263
Debarment and Suspension Certification
28 Public Contract Code Section 10232 Statement
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Bid Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

WORKERS’ COMPENSATION CERTIFICATION
I am aware of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

By:

Title:

Date:

END OF PUBLIC CONTRACT CODE
264
Debarment and Suspension Certification
29 City of Richmond
Port Department

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

END OF DEBARMENT AND SUSPENSION CERTIFICATION
265
Bidder’s Non-Collusion Affidavit
30 City of Richmond
Port Department
BIDDER’S NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
(Must be executed by Bidder and submitted with Bid)
State of California )
) ss
County of )
, being first duly sworn, deposes and says that he or she is of
,
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone, to fix the bid price of the bidder or any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged the information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or any member or agent thereof to effectuate a collusive or sham bid.

Subscribed and sworn to before me this ____ day of 2023.

By:

Title
Notary Public
Date:

END OF BIDDER’S NON-COLLUSION AFFIDAVIT
20 Director
06/20/2025
266
267

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Greentech
Industry Inc
Westfield
National
Insurance
Company
BLDG 23 Cafeteria Selective Interior Demolition.
488873G
268
25th June 5
Katia Valtcheva, President
Joshua Kayser, Attorney-in-Fact Joshua Kayser Attorney in F 269

ACKNOWLEDGMENT
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Missouri
Missouri

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06/25/2025 Pat Scholl, Notary Public
Joshua Kayser
270
BPOAC
(03-22)
POWER NO. 2400012 01 Westfield Insurance Co.

General Power of Attorney Westfield National Insurance Co.

Ohio Farmers Insurance Co.

CERTIFIED COPY Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a “Company” and collectively as “Companies,” duly organized and existing under the laws of the State of Ohio, and having their principal offices in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint MATTHEW BOCKLAGE, JAMIE BRIGGS, BRAD BULLERDIECK, SEDA GULER, BRIAN D. RUSSELL, JR., BERNARDO C. SCORZA GASPAR, ROBERT J. WOLF, BLAKE OLIVER, MARK KARR, JOSHUA KAYSER, ZACK LENZ, JOINTLY OR SEVERALLY, of COLUMBIA and State of 02 their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in their names, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit - - - - - - - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.

Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the %(,75(62/9('WKDWWKH3UHVLGHQWDQ\6HQLRU([HFXWLYHDQ\6HFUHWDU\RUDQ\)LGHOLW\ 6XUHW\2SHUDWLRQV([HFXWLYHRURWKHU([HFXWLYH shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:

The Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents cancelling or terminating the Company’s liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon The Company as if signed by the President and sealed and attested by the Corporate Secretary.” “BE IT FURTHER RESOLVED, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.” (Each adopted at a meeting held on February 8, 2000.)
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of July, A.D., 2022.

WESTFIELD INSURANCE COMPANY
Corporate WESTFIELD NATIONAL INSURANCE COMPANY
Seals OHIO FARMERS INSURANCE COMPANY
Affixed
By: Gary W. Stumper,
National Surety Leader and Senior Executive
State of Ohio
County of Medina ss.:

On this 27th day of July, A.D., 2022, before me personally came Gary W. Stumper, to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Board of Directors of said Companies; and that he signed his name thereto by like order.

Notarial
Seal By:

Affixed
David A. Kotnik, Attorney at Law, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) State of Ohio
County of Medina ss.:

CERTIFICATE
I, Frank Carrino, Secretary of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.

In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Westfield Center, Ohio, this day of, A.D., .

By:

Frank Carrino, Secretary
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25th
June 2025
271
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.

Charles Gerard Charles Gerard Greentech Industry Inc
272
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: ________________________________________________ Charles Gerard [email protected] Greentech Industry Inc Greentech Industry Inc 56 Matisse Court Pleasant Hill, CA 94523 273
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, Greentech Industry Inc
274
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.

Greentech Industry Inc
275
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 Greentech Industry Inc
276
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 Greentech Industry Inc
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

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

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

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

14. INSURANCE:

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

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

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

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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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EXHIBIT E

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

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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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___ 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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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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 REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

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. 287
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___ 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 nonrenewed, 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.
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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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CITY OF RICHMOND
PORT DEPARTMENT ______________________________________________________________________________

NOTICE TO CONTRACTORS

BID PROPOSAL
AND

SPECIAL AND TECHNICAL PROVISIONS
FOR
BUILDING 23: CAFETERIA

SELECTIVE INTERIOR DEMOLITION
MAY 2025
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BUILDING 23: CAFETERIA SELECTIVE INTERIOR DEMOLITION
The special provisions contained herein have been prepared for construction by or under the direction of the following Registered Person.

05.12.2025
Robert Stevens
Registered Civil Engineer, Number 58660
CSWST2
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TABLE OF CONTENTS
INTRODUCTION .......................................................................................................................... 1 INVITATION FOR BIDS .............................................................................................................. 3 INSTRUCTIONS TO BIDDERS ................................................................................................... 6 BID PROPOSAL .......................................................................................................................... 19 BID SCHEDULE.......................................................................................................................... 20 SUBCONTRACTOR FORM ....................................................................................................... 24 PUBLIC CONTRACT CODE...................................................................................................... 27 DEBARMENT AND SUSPENSION CERTIFICATION ........................................................... 29 BIDDER’S NON-COLLUSION AFFIDAVIT ............................................................................ 30 BIDDER’S BOND........................................................................................................................ 31 PERFORMANCE BOND............................................................................................................. 33 PAYMENT BOND....................................................................................................................... 35 WARRANTY BOND................................................................................................................... 37 FIRST SOURCE AGREEMENT ................................................................................................. 39 CONTRACT................................................................................................................................. 40 SPECIAL PROVISIONS.............................................................................................................. 57 SECTION SP-1 – STANDARD SPECIFICATIONS .......................................................... 58 SECTION SP-2 – PLANS AND SPECIFICATIONS.......................................................... 59 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT ................................... 60 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ................................................................................................... 62 SECTION SP-5 - PUBLIC NOTICES .................................................................................. 65 SECTION SP-6 – WATERING............................................................................................. 66 SECTION SP-7 – GENERAL................................................................................................ 67 SECTION SP-10 – MOBLIZATION.................................................................................... 76 SECTION SP-14 - DISPOSAL OF MATERIALS .............................................................. 77 TECHNICAL PROVISIONS ....................................................................................................... 78 TS-1 SELECTIVE DEMOLITION....................................................................................... 79 294
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APPENDICES
APPENDIX A – CITY OF RICHMOND – FIRST SOURCE AGREEMENT.................. A APPENDIX B – CITY OF RICHMOND – INSURANCE REQUIREMNTS – CONSTRUCTION PROJECTS..............................................................................................B

APPENDIX C - COMMUNITY WORKFORCE PROJECT STABILIZATION
AGREEMENT ..........................................................................................................................C APPENDIX D – HAZARDOUS MATERIALS REPORT................................................... D 295
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Introduction
1 City of Richmond
Port Department

INTRODUCTION

1. CONTRACT DOCUMENTS
All documents included in the Project Specifications shall constitute part of the contract (hereinafter called "Contract Documents") for the completion of the project.

2. PROJECT
The Project (hereinafter in the Contract Documents and in the Contractual Agreement signed by the Contractor called "Project") to be completed by the Contractor is defined as follows:

BUILDING 23: CAFETERIA SELECTIVE INTERIOR DEMOLITION

3. DEFINITIONS
The following terms as used in the Contract Documents and in the Contractual Agreement signed by the Contractor shall have the meanings set forth below:
"City" shall mean the City of Richmond, California.
"Contract" shall mean both the Contract Documents and the Contractual Agreement for the completion of the Project which is signed by the Contractor. "Contractor" shall mean the bidder who signs the Contractual Agreement for the Project substantially in the form set forth in the Contract Documents labeled, "Contractual Agreement Form."
“Department” shall mean the City of Richmond, California. "Engineer" shall mean the City Engineer or his designated representative. "Local Public Agency" shall mean the City of Richmond, California. "Standard Specifications" shall mean 2022 edition of the State of California Department of Transportation Standard Specifications.
"City Standard Details" shall mean the Standard Details 296
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2 END OF INTRODUCTION
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Invitation for Bids
3 CITY OF RICHMOND

PORT DEPARTMENT

INVITATION FOR BIDS
BID OPENING: The City of Richmond will receive sealed bids for the Building 23: Cafeteria Selective Demolition Project electronically through BidsOnline until 2:00pm PST on Thursday June 26, 2025. All bid forms must be electronically submitted by the due date and time or the bid will not be considered.

INSPECTION: The City of Richmond will allow prospective vendors to inspect the site on Monday June 9, 2025 from 1:00pm PST to 2:00pm PST.

QUESTIONS: All questions relative to this bid must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST on Wednesday, June 11, 2025. If the City of Richmond finds it necessary to issue an addendum, prospective bidders will receive e-mail notification of the addendum. City will issue addendum by Monday, June 16, 2025. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent accordingly. It is the bidders responsibility to periodically check the BidsOnline website, www.ci.richmond.ca.us/bids for any possible Addenda to the bid that may have been posted.

WORK DESCRIPTION: In general, the work consists of removal of interior walls, ceiling tiles, wood, and related items as required by the Drawings, Standard Specifications, of these Special Provisions.

The Engineer’s Estimate of Probable Construction Cost for the Base Bid Work is approximately:
$100,000.

BID DOCUMENTS: Bid Documents can be obtained from the City of Richmond’s website www.ci.richmond.ca.us/bids. To download documents, 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 this bid.

BID DEPOSIT: A certified check or bank draft, payable to the order of the City of Richmond, negotiable U.S. Government Bonds (at par value) or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total bid shall be submitted with each bid. A bidder shall not be relieved of the bid unless by consent of the City nor shall any changes be made in the bid because of mistake, but a bidder may bring an action in the Superior Court of Contra Costa County for recovery of any amount forfeited, without interest or 298
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4 costs. A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project.

WITHDRAWAL OF PROPOSALS: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the bidder or its duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid.

Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time nor may any bid be withdrawn after the time fixed in the public notice for opening of bids.

DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected as not responsive.

PREVIOUS DISQUALIFICATION, REMOVAL, OR OTHER PREVENTION OF BIDDING: A bid may be rejected on the basis of a bidder, any officer of such bidder, any employee of such bidder who has a proprietary interest in such bidder, or any listed subcontractor, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of any law or any safety regulation.

RESPONSIBILITY FOR VERIFYING CONTRACT ADDENDA: All bidders shall verify if any addenda for this project have been issued by the City of Richmond. It is the bidders’ responsibility to ensure that all requirements of contract addenda are included in the bidder’s proposal. All bidders shall include a signed copy of all contract addenda with the proposal. Failure to comply with this requirement shall cause the proposal to be considered as non-responsive and shall be grounds for rejection of the bid.

CONTRACTOR’S LICENSE: All bidders are subject to California contractor’s licensing laws and the provisions of Business and Professions Code Section 7028.15. A California Type A, B, C21 Contractor’s license is required to bid this Contract. Joint ventures must secure a joint venture license prior to award of this Contract. Other licenses and/or certifications may be required for specialty work and removal of hazardous materials.

MINIMUM WAGE RATES: Not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.
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5 BID REVIEW: Bids may be held by the City of Richmond for a period not to exceed sixty (60) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of the Contract.

CITY’S RIGHT TO REJECT BIDS: The City of Richmond reserves the right to reject any or all Bids, or to waive any informality or minor irregularity in the bids.

BID PREPARATION COSTS: Bidders are solely responsible for the cost of preparing bids.

City of Richmond, a Municipal Corporation
Pamela Christian
City Clerk

END OF INVITATION FOR BIDS
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Instructions to Bidders
6 CITY OF RICHMOND

PORT DEPARTMENT

INSTRUCTIONS TO BIDDERS

1. GENERAL INFORMATION
A. Bids are invited for construction for the Building 23: Cafeteria Selective Interior Demolition.

B. Sealed bids will be received up to the time and date as indicated in the Invitation to Bid or as modified by Addenda. Bids received after that time will not be accepted.

1. Bids will be opened publicly via BidsOnline. Please visit the City’s website at www.ci.richmond.ca.us/bids to register as a vendor, to order bid documents, and to submit bid documents.

2. SITE VISIT
See the Invitation to Bid for details on site inspection. Bidders should fully inform themselves as to the facilities involved, the difficulties and restrictions attending the performance of the contract. Bidders should thoroughly examine and familiarize themselves with the Specifications and all other Contract Documents. The Contractor, by the execution of this Contract, shall in no way be relieved of any obligation under it, due to Contractor's failure to receive or examine any form or legal instrument, or to visit the site and acquaint themselves with the existing conditions. The owner will reject any claim based on facts regarding which the bidder should have been aware as a result of visiting the site or reading the Contract Documents.

3. PROPOSAL
To receive consideration, bids shall be made in accordance with the following instructions:

A. Bids shall be made upon the proposal form contained herein. All items shall be properly filled in; numbers shall be stated both in writing and in figures. The signatures shall be original. Any alterations, interlineations, or erasures must be initialed.

B. Bids shall be submitted only upon the items of bid stated in the specifications; bids upon other basis will not be considered. Bids that do not reference all addenda or that are not submitted on the prescribed forms may be rejected. 301
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7 C. The City reserves the right to accept bids on work and alternatives listed in the bid form in sum total or individually or in any combination unless the bid form makes specific provision to the contrary.

D. Unless called for, alternative bids will not be considered.

E. Modification of bids already submitted will be considered only if received at the office designated in the invitation for bids by the time set for opening of bids.

F. Pursuant to the provisions of Section 4100 through 4113 of the Public Contracts Code of the State of California, every bidder shall, in his bid, set forth:
1) The Name and Location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent of the bidder’s total bid. 2) The portion of the work that will be done by each such subcontractor.

G. In the event that alternative bids are called for and bidder intends to use different or additional subcontractors on the alternative or alternatives, he shall fill out additional forms of the Subcontractors List and shall indicate on such forms whether they apply to the base or alternative bids.

H. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract in excess of one-half of one percent of the bidder’s total bid or, in the case of bids for the construction of streets and highways, including bridges, in excess of one-half of one percent of the total bid, or $10,000, whichever is greater, he agrees to perform that portion himself. The successful bidder shall not, without the consent of the City, either:
1) Substitute any person, firm, or corporation as subcontractor in place of the subcontractor designated in the original bid, or
2) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid.

I. Bids shall be accompanied by a certified or cashier’s check, or an acceptable bidder’s bond for an amount not less than ten percent (10%) of the bid, made payable to the order of the City of Richmond, California. Said check or bond shall be given as a guarantee that the bidder will timely enter into a Contract and provide all required insurance and bonds if awarded the work. In the case of refusal or failure to timely provide all required documents and enter into said Contract, the check or bond, as the case may be, shall be forfeited to the City of Richmond, California, as provided by law.

J. Before submitting a bid, bidders shall carefully examine the Plans, Specifications, and 302
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8 the form of Contract, shall visit the site of work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the bid a sum to cover the cost of all items included in the Contract.

K. Bidders shall give prices for each and all of the items set forth. The bidder shall set forth for each item of work, in clearly legible figures, a lumpsum price in spaces provided for this purpose. In case of differences between the lumpsum bid price for the project and the total of the lumpsum prices quoted for each item of work, the total of lumpsum prices quoted for each item of work will take precedence.

L. Bids, and modifications thereof, if any, shall be delivered to the office of the City Clerk, City of Richmond, County of Contra Costa, California, on or before the day and hour set for the opening of bids in the Notice Inviting Bids, enclosed in a sealed envelope, and bearing the Project No. and Title of the work and the name of the bidder.

M. The contract may not be awarded to a Contractor who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code, nor may any subcontract be awarded to a subcontractor that who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code. In accordance with Section 1771.1 of the California Labor Code, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. In accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

4. CONTRACTOR’S LICENSE
No bid may be considered from a Contractor who, at the time the contract is awarded, is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of license required, the decision of the Contractor’s State License Board shall prevail. The classification of Contractor’s license required in the performance of this Contract is a Class A or C-33. Please note that there are other licensing requirements for 303
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9 particular items of work; this licensing requirement may be satisfied by a listed subcontractor at time of bid.

5. TIME LIMITS OF WORK
The work to be performed shall be completed within 20 working days for Base Bid work after execution of contract and Notice to Proceed has been issued.

6. WITHDRAWAL OF BIDS
Bids may be withdrawn by written request received from bidders prior to the time set for opening of bids.

7. INTERPRETATION OF PLANS AND SPECIFICATIONS
If there is doubt about the meaning of any part of Contract Documents, submit written request to the City of Richmond thru the BidsOnline Q&A tab.

Request for interpretations shall be delivered by the date and time indicated in the Invitation to Bid.

Bids shall be based only on interpretations as issued in addenda.

8. ADDENDA OR BULLETINS
Any Addenda or information issued during the time of bidding, or forming a part of the documents loaned to the bidder for the preparation of his bid, shall be noted in the bid in the place provided and shall be made a part of the Contract.

9. AWARDING OR REJECTION OF BIDS
The City reserves the right to reject the bid of any or all bidders, and to waive any informality in the bids received.

10. LAWS AND ORDINANCES
A. The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived. Prior to the start of work, the successful Contractor shall obtain all other required permits from the City of Richmond, for which the fees will not be waived.

The successful Contractor shall also obtain any other permits required from other agencies for the completion of the project, for which the fees will not be waived. 304
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10 B. If any Contractor, or any subcontractor used in the work by the Contractor, is currently in violation of any federal, state or local law or ordinance related to public works bidding or construction, the Contractor's bid may be deemed to be non-responsible.

C. The Contractor and all subcontractors shall comply with the following City of Richmond Codes and Ordinances, which are incorporated into the Contract Documents by this reference:

1. Nondiscrimination Clause in City Contracts (RMC Chapter 2.28)

2. Business Opportunity Ordinance No. 16-12 N.S. (RMC Chapter 2.50)

3. Local Employment Program Ordinance No. 15-10 N.S. (RMC Chapter 2.56)

4. Living Wage Ordinance No. 15-17 N.S.(RMC Chapter 2.60) a. Except as provided in Section 2.60.080, the Living Wage Ordinance requires that an employer under contract valued at $25,000 or greater and/or an employers with ten or more employees provide to its covered employees the following minimum compensation terms for the duration of the covered period:
• Not less than $16.17/hour if employer pays at
$1.50/hour/employee towards an employee medical benefits plan; or
• Not less than $17.67/hour if the employer does not provide the employees with such medical benefits plan.

5. Ordinance Banning the Requirement to Provide information of Prior Criminal Convictions on all Employment Applications No. 14-13 N.S. (“Ban the Box”) (RMC Chapter 2.65)

6. Sanctuary City Contracting and Investment Ordinance No. 12-18 N.S.

D. City Ordinances may be found in their entirety at:
https://www.ci.richmond.ca.us
https://library.municode.com/ca/richmond/codes/code_of_ordinances E. For general information, questions, requests for clarification, or comments regarding compliance with all local, state, and federal ordinances must be submitted in writing using the electronic BidsOnline system discussed in the Invitation to Bid. All clarifications and interpretations affecting the project will be issued by written addenda on the BidsOnline system. No interpretation or clarification given orally or separately will be effective to alter or affect the solicitation documents unless confirmed by written addendum.
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11 11. CONTRACT BONDS
General - The successful bidder shall furnish to the City of Richmond a Performance Bond and a Payment Bond required by the State of California Contract Act. Said bonds shall be furnished in a form satisfactory to the City. Each of said bonds shall be executed in an amount equal to one hundred percent (100%) of the total bid.

Faithful Performance - Refer to Performance Bond.

Payment Bond – Refer to Payment Bond. The Payment Bond shall guarantee payment of all claims for labor, materials, provisions, provender and supplies furnished and any amounts required to be deducted withheld and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractor pursuant to Section 18806 of the Revenue and Taxation Code. The bond shall satisfy all of the requirements set forth in Civil Code Section 3248.

Alterations - All alterations, extensions of time, extra and additional work, and other changes authorized by these Specifications or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bond.

12. SPECIAL NOTICE
Bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed, and the Contractor must employ, so far as possible, such methods and means in the carrying out of his work as will not cause any interruption or interference with any other Contractor.

13. BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid, as Prime Contractor for the same work. A person, firm, or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders.

14. BIDS TO BE LEFT ON DEPOSIT
Unless otherwise required by law, no bid, nor any part thereof, may be withdrawn by the bidder for a period of sixty (60) calendar days after the opening of the bids.

15. MANDATORY NON-COLLUSION AFFIDAVIT
A. The City will, before any award of the Contract is made, require any bidder to whom it 306
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12 may make an award of the principal Contract, to execute a Non-Collusion Affidavit.

B. The City may require that the principal Contractor shall, before awarding any subcontract, secure from the proposed subcontractor a Non-Collusion Affidavit.

16. INDEMNIFICATION AND INSURANCE
Attention is directed to Section 7-1.05, "Indemnification" of the State Standard Specifications and these Special Provisions.

Indemnification - Contractor shall indemnify, and shall cause all subcontractors to indemnify, the City in accordance with Section 3.4 of the Construction Agreement.

Insurance - Contractor shall provide and maintain the insurance requirements and limits as specified in the “City of Richmond – Insurance Requirements – Construction Projects”, attached in Appendix B for the duration of the contract, agreement, or other order of 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.

Insurance certificates and endorsements shall be reviewed and approved by the City’s Risk Management 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.

Upon notification of receipt by the City of a Notice of Cancellation, major change in coverage or expiration, Contractor shall file with the City a certified copy of the required new renewal policy and certificates for such policies.

If at any time during the life of the Contract or any extension the Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately and all payments due or that become due to the Contractor will be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance will be sufficient cause for City to terminate the Contract

17. PERMITS
The Contractor shall obtain and pay for encroachment, and other permits required by the Contract, City Ordinance or any other agency, necessary for the construction of the work, unless otherwise specifically provided for in other contract documents. The Contractor and 307
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13 their subcontractors shall obtain and pay for all licenses required the City including a City business license. The Contract and its sub-Contractor are required to secure a City encroachment permit; the Contractor at its option may include one or more of their subContractors under their encroachment permit.

18. PREVAILING WAGE
A. All Contractors and Subcontractors performing services under this Contract shall pay their employees providing such services a minimum hourly prevailing wage rate as further described below.

B. In case of conflict between the Prevailing Wage as specified in this Section and any Federal Minimum Wage that may be specified elsewhere in these Specifications, the higher of the two shall prevail. Any amendments to the Federal Minimum Wage Determination issued up to 10 days prior to the bid opening date will become the part of the contract documents.

C. The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the State or political subdivision on whose behalf the contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code.

In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor.

If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime contractor of the project is not liable for the penalties described above unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the 308
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14 following requirements:

1. The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.

2. The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

3. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

4. Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.

D. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the Department did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the Department.

These moneys shall be retained by the Department pending the final decision of an enforcement action.
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15 E. Pursuant to the requirements in Section 1773 of the Labor Code, the City has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

F. The general prevailing wage rates and any applicable changes to these wage rates are available from the California Department of Industrial Relations' Internet Web Site at: http://www.dir.ca.gov.

G. The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.

H. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.

I. Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.

J. The City of Richmond will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid, and will not under any circumstances be considered as the basis of a claim against the City on the contract.

19. GUARANTY
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16 All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.

The City is hereby authorized to make such repairs if within (10) days after giving written notice to the Contractor, or his agent, the Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the costs thereof.

The Contractor shall, upon completion of the Contract and prior to filing of the Notice of Completion, post a Maintenance Bond in the amount of ten percent (10%) of the Contract value. The Maintenance Bond shall remain in full force and effect through the guaranty period of one (1) year.

20. EXECUTION OF CONTRACT
The contract shall be signed by the successful bidder and returned, together with the contract bonds and insurance endorsements, within ten (10) working days after the bidder has received the contract documents.

21. ASSIGNMENT
The performance of the Contract may not be assigned, except upon the written consent of the City. Consent will not be given to any proposed assignment that would relieve the original Contractor or its surety of their responsibilities under the Contract, nor will the City consent to any assignment of a part of the work under the Contract.

22. CONTRACTORS INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of work under this Contract, as a result of failure on initial investigations or reports prepared by City for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

23. SIGNATURE OF CONTRACTOR
Corporations:
311
City of Richmond Selective Interior Demolition
Instructions to Bidders
17 The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk’s office.

Partnerships:

The names of all persons comprising the partnership or co-partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign.

Joint Ventures:

Bids submitted as joint ventures must so state and be signed by each joint venture.

Individuals:

Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk’s office, in which case said person may sign for the individual.

The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature.

24. CONDITIONAL CONTRACT AWARD
Notwithstanding any action by the City Council of Richmond to award a contract to a bidder, all contract awards are expressly conditioned on the timely provision of all required documents, including the executed Contract, to the City. The provision of all such documents is a condition precedent to the effectiveness of any contract award. Failure to provide any of the required documents may result in forfeiture of the bidders bid security as provided by law.

25. BID PROTEST
Any protest pertaining to the proposed award or any other matter relating to the bidding procedure must be submitted in writing to the City no later than 4:00 P.M. of the second business day following the date of bid opening. The protestor must have actually submitted a bid directly to the City on the Project or have been specifically excluded from filing a bid due to an action by the City. A subcontractor of a party filing a bid on this project may not submit a bid protest on its own accord. Each bid protest shall be accompanied by a check in 312
City of Richmond Selective Interior Demolition
Instructions to Bidders
18 the amount of $500.00 payable to the City of Richmond for each protest and shall constitute a non-refundable fee to reimburse the City for its costs in reviewing and investigating the bid protest. The City will review the bid protest and will issue its determination within a reasonable amount of time prior to bid award. These procedures and time limits are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest.

26. Community Workforce and Project Stabilization Agreement This project shall comply with the Community Workforce and Project Stabilization Agreement for the City of Richmond adopted on September 26, 2018. A copy of this agreement is in Appendix C.

END OF INSTRUCTIONS TO BIDDERS
313
City of Richmond Selective Interior Demolition
Bid Proposal
19 City of Richmond
Port Department

BID PROPOSAL
DATE: _____________________________
TO THE CITY CLERK OF RICHMOND, CALIFORNIA:

To the City of Richmond Department of Public Services:

END OF BID PROPOSAL
314
City of Richmond Selective Interior Demolition
Bid Schedule
20 City of Richmond
Port Department

BID SCHEDULE

BASE BID

ITEM DESCRIPTION QUANTITY UNIT UNIT COST
($/UNIT)
COST
($)
1 Selective Demolition 1 LS
2 Supplemental Work 1 Allow $15,000 $15,000
ALLOW = Allowance, LS = Lump Sum

BID SUMMARY

BASE BID

TOTAL PRICE
IN FIGURES $

TOTAL PRICE IN
WORDS
315
City of Richmond Selective Interior Demolition
Bid Schedule
21 The undersigned acknowledges the receipt of the following addenda to the drawings and specifications.

Dated
California Contractor’s License No.

CONTRACTOR
Signature Print or Type Name and Title
REJECTION OF BIDS:

TIME
The undersigned agrees to furnish, within ten (10) working days from the receipt of the Notice of Award of Contract, the items required by Section 1-03 of the Special Provisions. The failure to timely provide such items may result in annulment of the award and forfeiture of the Proposal Guarantee.
316
City of Richmond Selective Interior Demolition
Bid Schedule
22 The undersigned agrees to begin work within ten (10) working days after the date specified in the Notice to Proceed.

If the proposal is accepted, the undersigned agrees to execute the required agreement and furnish the required bonds within ten (10) working days from the date of signing of this Contract.

The unit price or lump sum prices to be paid for the items listed in the Proposal Bid Sheet shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details as shown on the plans and as specified herein. Any items shown on the plans, but not included in the bid items, shall be considered as appurtenant items. All costs shall be included within the appropriate item of the Contractor’s bid. 317
City of Richmond Selective Interior Demolition
Bid Schedule
23 IMPORTANT NOTICE: On a separate sheet of paper, provide the following information. If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; if co-partnership, state true name of firm and names of all individual copartners composing firm; or, if individual, state first and last names in full.

Officer’s Signature Title Date

Officer’s Signature Title Date
Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership, or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with the City prior to or at time of bid opening; otherwise, the bid will be subject to rejection by City Council.

Address of Bidder: Corporate Seal:

State of Incorporation

END OF BID SCHEDULE
318
City of Richmond Selective Interior Demolition
Subcontractor Form
24 City of Richmond
Port Department

Items
of
Work
Full Company
Name
Richmond
Firm?
Complete Address
with Zip Code
Phone No.
with Area Code
SUBCONTRACTOR’S LIST (Continued)
The bidder is to provide the following information on the sub bids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. 319
Subcontractor Form
25 Type of State
Contracting License &
Number
DIR Registration
Number
Amount of Bid
($ or %)
*Licenses are renewable annually. If no valid license, indicate “NONE.” Valid license must be obtained prior to submission of signed contracts. This applies to all subcontractors.

END OF SUBCONTRACTOR FORM
320
Debarment and Suspension Certification
26 BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Bidder is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on or completing any contract for construction.

1. Have you ever been disqualified from any contract?
Yes No

2. If yes, explain the circumstances:
_

Signature of Bidder
321
Debarment and Suspension Certification
27 City of Richmond
Port Department

Public Contract Code Section 10162 Questionnaire
In accordance with Public Contract Code Section 10162, the Bidder shall complete under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes_____ No_____
If the answer is yes, explain the circumstances in the following space. 322
Debarment and Suspension Certification
28 Public Contract Code Section 10232 Statement
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board.

By:

Title:

Date:

END OF PUBLIC CONTRACT CODE
323
Debarment and Suspension Certification
29 City of Richmond
Port Department

If there are any exceptions to this certification, insert the exceptions in the following space.

END OF DEBARMENT AND SUSPENSION CERTIFICATION
324
Bidder’s Non-Collusion Affidavit
30 City of Richmond
Port Department
BIDDER’S NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
(Must be executed by Bidder and submitted with Bid)
State of California )
) ss
County of )
, being first duly sworn, deposes and says that he or she is of
,
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone, to fix the bid price of the bidder or any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged the information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or any member or agent thereof to effectuate a collusive or sham bid.

Subscribed and sworn to before me this ____ day of 2023.

By:

Title

Notary Public
Date:

END OF BIDDER’S NON-COLLUSION AFFIDAVIT
325
Bidder’s Bond
31 City of Richmond
Port Department
BIDDER’S BOND
Bond No. ______
KNOW ALL MEN BY THESE PRESENTS:

That We, , as Principal, and , as Surety, are hereby held and firmly bound unto the City of Richmond, in the penal sum of TEN PERCENT (10%) of the total bid submitted by said Principal to the City of Richmond for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, whereas the Principal has submitted to the City of Richmond a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the .

NOW, THEREFORE, if said bid submitted by the Principal be accepted and the contract be awarded to the Principal and the Principal shall, within ten (10) days after having received notice that the contract has been awarded to the Principal, enter into the Contract so awarded, shall furnish the required corporate surety bonds and insurance coverage verification and shall in all other respects perform the agreement created by the acceptance of the bid, then this obligation shall be void, otherwise the same shall remain in full force and effect.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City of Richmond may accept such Bid; and said Surety does hereby waive notice of such extension.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's 326
Bidder’s Bond
32 fees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals on this
_______day of___________, 202 .

By:__________________________________
Title_________________________________
By:__________________________________
Title:________________________________
Note: This bond must be dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

END OF BIDDER’S BOND
327
Performance Bond
33 City of Richmond
Port Department

PERFORMANCE BOND
Bond No. ____________
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 202_, and identified as project __________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the principal and __________, as surety, are held and firmly bound unto the City of Richmond (hereinafter called “City”), in the penal sum of __________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
328
Performance Bond
34 In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.

By: _________________________
Title: _________________________
By: _________________________
Title: _________________________

END OF PERFORMANCE BOND
329
Payment Bond
35 City of Richmond
Port Department

PAYMENT BOND
(LABOR AND MATERIALS)
Bond No. ____________
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated __________, 202__, and identified as project __________, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Richmond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

Now, therefore, the principal and ____________, as corporate surety, are held firmly bound unto the City of Richmond (hereinafter called “City”) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of __________ dollars ($ __________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
330
Payment Bond
36 In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.

By: _________________________
Title: _________________________
By: _________________________
Title: _________________________

END OF PAYMENT BOND
331
Warranty Bond
37 City of Richmond
Port Department

WARRANTY BOND
City of Richmond (“City”) and ____________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the Flood Risk Reduction in the Rheem Creek Watershed Project (“Project”). The Contract is incorporated by reference into this Warranty Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and _______________ __________, its surety (“Surety”), are bound to City as obligee in the maximum amount of 15% of the final Contract Price, unless otherwise specified in the Contract Documents.

2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one-year period commencing with City’s acceptance of the Project (“Warranty Period”).

3. Surety’s Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from City, repairs and remedies, at its sole expense, any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses City for all loss and damage that City sustains because of Contractor’s failure to makes such repairs in accordance with the Contract requirements, then Surety’s obligations under this Bond will be null and void.

Otherwise, Surety’s obligations will remain in full force and effect.

4. Waiver. Surety waives the provisions of Civil Code §§ 2819 and 2845.

5. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: _________________________________________________ Address: ______________________________________________ City/State/Zip: _________________________________________ Phone: _______________________________________________
Fax: _________________________________________________
Email: ________________________________________________

6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________.
[Signatures are on the following page.]
332
Warranty Bond
38 SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ Date
____________________________________
Name, Title

END OF WARRANTY BOND
333
First Source Agreement
39 City of Richmond
Port Department

FIRST SOURCE AGREEMENT

1. GENERAL INFORMATION
A. The City of Richmond First Source Agreement shall be executed between the Prime Contractor and the City of Richmond at a time during the Contract Award as directed by the City of Richmond.

B. A sample copy of this agreement along with any pertinent exhibits is in Appendix A.

END FIRST SOURCE AGREEMENT
334
Contract
40 City of Richmond
Port Department

CONTRACT

CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 201_, by and between the City of Richmond, a municipal corporation and charter city (“City”) and __________________ (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS
A. On ______________, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of _________________, located at ____________ (the “Project”).

B. Contractor submitted the lowest responsive bid and has been determined to be responsible.

C. City now desires to contract with Contractor to furnish construction and related services for the Project.

NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:

ARTICLE I

CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents.

Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids [THIS

LIST MAY BE MODIFIED TO PROVIDE A MORE DETAILED DESCRIPTION OF THE DOCUMENTS FOR YOUR PROJECT – FOR EXAMPLE, YOU MAY SPECIFY THE NUMBER OF RFI/RESPONSES TO RFI THAT RE INCLUDED] – Contractor’s Proposal as attached, and this Agreement, constitute the “Contract Documents.” Section 1.2 Construction.

Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.
335
Contract
41 Section 1.3 Payments.

Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.

Section 1.4 Discovery of Hazardous Waste or Unusual Conditions. (a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement.
(c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

Section 1.5 Laws and Regulations.
(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, 336
Contract
42 and Contractor shall be responsible to the City for the procurement and maintenance thereof.
(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.
(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City's Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City's Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City's Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has 337
Contract
43 been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance. Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.

Section 1.6 Inspections.

Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.

Section 1.7 Equal Opportunity.
(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Section 1.8 Working Hours.

Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements. Work on site will be allowed between 8am and 5pm during work days. Weekend work will only be allowed with prior approval from the City between 9am and 4pm.

Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861.
(b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project 338
Contract
44 shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days.

The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project.

(c) Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above. (d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.

Section 1.10 Security In Lieu of Retention.
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor.

Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive 339
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45 from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner 340
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46 .
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address
341
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47 At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.

As provided in SB 854: a) no contactor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(a)]; b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(b)]; and c) work performed on the project is subject to compliance monitoring and enforcement by the DIR [Gov't Code Section 1771.4].

Section 1.12 Job Site Notices.

Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.

ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.

Each of the following shall constitute a "Default" by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City 342
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48 informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.
(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.

Section 2.2 Remedies.

The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
343
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49 (b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person.

Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

Section 2.3 Waiver of Damages.

Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.

Contractor shall be solely responsible for its own acts and those of its agents and employees.

Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:

1. The work performed in connection with the change to be made; 344
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50 2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under “Force Account”. Cumulative Contractor & Subcontractor mark up for labor and material shall not exceed a total of 15% (15% GC mark upon labor and material for self-performed work and 5% mark up on subcontractor work and 10% subcontractor mark up for labor and material) and;

3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City’s decision shall be final and the limitations period for the filing of a claim shall commence upon the City’s 345
Contract
51 issuance of its decision. If Contractor disagrees with City’s decision, or if Contractor contends that City failed to provide a timely decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor’s position as required herein. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.

Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (if the Claim is for less than $50,000) or within sixty (60) days (if the Claim is for $50,000 or more) of submittal, it shall be deemed denied.

2. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.

3. After their submittal, claims less than $375,000 shall also be subject to Section 20104 of the Local Agency Public Construction Act.
(e) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.
346
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52 3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.

Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "Claims"), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors' employees), or damage to property of any kind, or any other injury or damage whatsoever, which Claims arise out of or are in any way connected with the construction of the Project, regardless of Contractor's fault or negligence; provided, however, that Contractor's, and Contractor's subcontractors' indemnity obligations hereunder shall not apply to the extent any Claims are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason. (b) In Claims against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.

Section 3.5 Non-Liability of City Officials, Employees and Agents.

No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

Section 3.7 Conflict of Interest.
(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is 347
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53 in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person's tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed. (b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.

Section 3.8 Notices, Demands and Communications.

If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and (1) if intended for the City shall be addressed to:

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: XXXX
With copy to:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall be addressed to:

XXXX
XXXX
XXXX
Attn: XXXX
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective. 348
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54 Section 3.9 Applicable Law.

This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.

Section 3.10 Parties Bound.

Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law.

This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.

Section 3.11 Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.

Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

Section 3.13 Waivers.
349
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55 Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.

Section 3.14 Title of Parts and Sections.

Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions.

Section 3.15 Entire Understanding of the Parties.

The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.

The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.

Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.

WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:

CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
350
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56 CONTRACTOR:

XXXX
By: _________________________________
Name: _________________________________
Its: _________________________________

END OF CONTRACT
351
Special Provisions
57 City of Richmond
Port Department

SPECIAL PROVISIONS
___________________________________________
________________________________________________

GENERAL PROVISIONS
The legal relationship and responsibilities of the parties, including but not limited to the obligation to arbitrate claims hereto and the work embraced herein shall be done in accordance with the Standard Specifications and Standard Plans dated 2022 of the California Department of Transportation, and the most recent Standard Plans of the City of Richmond, California, in so far as the same may apply and in accordance with the Project Plans and these Special Provisions.

These Special Provisions are additions, modifications, and/or clarifications to the Standard Specifications of the California Department of Transportation. The numbers in parenthesis shown in the section and subsection headings of these Special Provisions refer to the State Standard Specifications Sections.

Refer to Section SP-1 of these Special Provisions for the order of precedence of the above contract documents in case of any conflict.
352
Section SP-1 – Standard Specifications
58 SECTION SP-1 – STANDARD SPECIFICATIONS
(SECTION 1)
References in the Special Provisions to “City Standard Details and Specifications”, Contra Costa County Details, “Caltrans Standard Specifications” or “State Standard Specifications” shall mean the Standard Specifications, dated 2022, of the State of California, Department of Transportation, including all revisions and amendments, insofar as the same may apply and in accordance with the following special provisions.

In case of conflict between the State Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. 353
Section SP-2 – Plans and Specifications
59 SECTION SP-2 – PLANS AND SPECIFICATIONS
(SECTION 2)
The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall legibly be marked to scale in red, both graphically and dimensionally on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.

Adjustments to the layout of this plan may be necessary due to the unknown existing conditions. It is the Contractor’s responsibility to retain the design intent. If a layout discrepancy should occur, the Contractor is to contact the Engineer.
354
Section SP-3 – Award and Execution of Contract
60 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT
Within ten (10) working days after the date of the Notice to Award, the Contractor shall execute and return the following contract documents to the Agency:

1. Contract Agreement

2. Faithful Performance Bond

3. Payment Bond

4. Public Liability and Property Damage Insurance Certificate

5. Worker’s Compensation Insurance Certificate

6. Exhibit “A”, Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution

Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the Agency until executed by the authorized Agency officials. A corporation to which an award is made may be required, before the Contract Agreement is executed the Agency, to furnish evidence of its corporate existence, of its right-to-enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.

CONTRACT BONDS
Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995-660(a). The Bidder shall pay all bond premiums, costs, and incidentals.

Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. Each bond shall name the City as beneficiary.

The Bidder shall provide two (2) good and sufficient surety bonds. The “Payment Bond” (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.

The “Performance Bond” shall be for 100 percent of the Contract Price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and workmanship will be free from original or developed defects.

Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days 355
Section SP-3 – Award and Execution of Contract
61 after receiving notice from the City.

Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the City.

Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligation. Notice of such changes or extensions shall be waived by the Surety.

Both the Faithful Performance Bond and the Payment Bond shall be for not less than one hundred percent (100%) of the total contract amount for each Bond. Both the Faithful Performance Bond and the Payment Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion.

MEASUREMENT AND PAYMENT
Full compensation for Bonds shall be considered as included in the price paid for the various bid items and no additional compensation shall be allowed therefor. 356
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 62 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND

LIQUIDATED DAMAGES
Attention is directed to the provisions in Sections 8-1.05, “Time,” 8-1.10, “Liquidated Damages,” and 20-4, “Plant Establishment Work,” of the State Standard Specifications and these special provisions.

CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The Contractor shall prosecute the work in the most efficient manner to minimize inconvenience to the public and complete the work within the Contract time limit. Prior to issuing the notice to proceed, the Contractor shall:

1. Provide the Engineer the name and local 24-hour telephone contact number of the Contractor’s Superintendent.

2. Provide the Notice to Residents.

3. Prepare a storm water pollution and prevention plan (SWPPP), if required

4. Prepare a Vehicular and Pedestrian traffic control plan.

5. Provide for photo and video documentation of the existing conditions.

The Contractor’s proposed Construction Schedule shall be submitted in a format as detailed in Section 8-1.02C “Level 2 Critical Path Method Schedule” of the State Standard Specifications to the Engineer within ten (10) working days after the date of the Notice of Award of Contract and shall reflect all major and controlling items of work and conform to all contract requirements, including the order of work mentioned above. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.

The Contractor shall submit to the Engineer by the fifth (5th) day of each month, or upon request, Progress Reports and an updated complete project schedule. Any deviations from the original schedule shall be explained in writing and submitted with the Progress Reports or updated complete project schedule. Failure to submit Progress Reports, updated complete project schedules or explanations for deviations on the fifth (5th) day of the month or within 2 working days from the Engineer’s request may result in suspension of any or all portions of work or rejection of any or all portions of work until such Progress Reports or complete project schedules are delivered to the Engineer and the Engineer allowed a reasonable amount of time to review them. Working days will continue to be accessed during this suspension. Progress payments will be withheld pending receipt of any outstanding reports, updated schedules or explanations for deviations.

In the event of a deviation from the most current order of work, progress report or complete progress schedule (whether authorized, planned, unplanned or emergency deviation) if additional 357
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 63 or unplanned inspection fees are incurred by the City as a result as determined by the Engineer, then an inspection service fees will be charged against the Contractor. The service fees will include all costs to the City associated with the deviation, including consultant fees, testing fees, employee regular and overtime rates, benefits, overhead and travel time. The service fees will be deducted from any amounts due the Contractor.

LIQUIDATED DAMAGES
For each consecutive calendar day in excess of the time specified, as adjusted in accordance with Section 8-1.07 of the State Standard Specifications, for completion of the work, the Contractor shall pay to the Agency, or have withheld from monies due it, the sum as set forth in the contract agreement, liquidated damages.

2. The Contractor shall pay to the City of Richmond the sum of $1,000 per calendar day for each and every calendar day delay in finishing the work in excess of the number of working days prescribed above, except as extended by contract change order.

HOURS OF WORK
Hours of work in general shall be between 8:00 A.M. and 5:00 P.M., Monday – Friday All references herein to timeframes that are specified in days shall mean calendar days, unless specifically stated otherwise.

SUBMITTALS
The Contractor shall provide submittals in an electronic format to the Engineer for review and approval. The Contractor shall not proceed with procuring materials or commencing work until the submittal receives a favorable review by the Engineer. Prior to the Pre-Construction, the Contractor shall furnish the following:

1. Designation of Project Superintendent.

2. 24-hour contact information.

3. Construction schedule
The City reserves the right to require additional submittals from the Contractor that are not specifically identified above. See the Special Provisions for additional submittals required.

ORDER OF WORK
The Contractor shall prosecute the work in the most efficient manner to minimize inconvenience to the public and complete the work within the Contract time limit. With the Authorization to Proceed as previously described in this Section, The Contractor shall complete the work generally in accordance with the following:

1. Prepare submittals for all products used in construction of the project.

2. Procure all other materials and equipment needed for construction.

3. Mobilize equipment and materials on the site.

4. Field walk with Engineer to determine demolition limits

5. Complete additional hazardous materials testing.
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Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 64 6. Complete work as required.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
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Section SP-5 – Public Notices
65 SECTION SP-5 - PUBLIC NOTICES
The Contractor shall assign a Project Superintendent who has the complete authority to make decisions on behalf of the Contractor. The Project Superintendent shall be on the job at all times during the construction and shall be available and on call 24 hours a day for the duration of the project. The Contractor shall coordinate access to the site with the Port and Auto Warehousing Corporation.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefore.
360
Section SP-6 – Watering
66 SECTION SP-6 – WATERING
Watering shall conform to Section 10-4 “Water Usage”, Section 10-5 “Dust Control” ,Section 10-6 “Watering” Section 13, “Water Pollution Control,” Section 19 “Dust Palliatives” of the State Standard Specifications and these Specifications.

The Contractor shall supply the necessary labor, material, and equipment for construction water needs throughout the contract period. Construction water includes, but is not limited to, watering for dust control, and pipe testing. The Contractor shall contact East Bay Municipal Utility District (EBMUD) for a temporary water meter to supply the project. The contractor will be responsible for any fees, or deposits associated with obtaining construction water. This section applies during working and non-working periods, including weekends.

DEFINITIONS
Agency/City - City of Richmond
Board - City Council
Caltrans - California Department of Transportation
City - City of Richmond
Country - County of Contra Costa
Director - The Director of Public Works / City Engineer, City of Richmond, acting either directly or through his properly authorized agents, each agent action only within the scope of authority designated to him.

Engineer - The Director of Public Works / City Engineer, City of Richmond, acting either directly or through his properly authorized agents, each agent action only within the scope of authority designated to him.

Federal - United States of America
Final
Acceptance
- Final Acceptance is defined as that stage of construction which allows the City to accept the project as completed (no punch list items remaining unresolved).

When the Contractor believes that the project is ready for final acceptance, he shall call for a final acceptance inspection. The Director will inspect the project to verify its completion. Should there be elements that are not completed, the Director will record same (final acceptance punch list) and bring them to the attention of the Contractor.

All punch list items must be resolved prior to final acceptance.

When, in the Director’s judgment, the work has been completed in accordance with the plans and specifications and is ready for final acceptance, he will so certify to the Board, which may accept the completed work. Upon acceptance of the work by the Board, the City Clerk will file the Notice of Completion with the County Recorder.

State Standard
Specifications
- Standard Specifications, State of California, Department of Transportation, dated 2024 (or current version), including all revisions and amendments.
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68 City Standard
Details

Contra Costa
County
Standard
Details
-
-
City of Richmond Department of Public Works Standard Details Contra Costa County Public Works Department – Standard Details Dated March 2014
Substantial
Completion
- Substantial Completion is defined as that stage of construction, which allows the Director to occupy or use the project for its intended purpose.

When a project includes a plant establishment period, the date of the start of the plant establishment period may, at the discretion of the Director, be used as the basis for determining the substantial completion date, provided that all elements of the project, other than the landscape, are substantially completed as defined above.

The substantial completion date will be determined by the Director in cooperation with the Contractor and establish the termination of the time period for construction, and this date is used as a basis for determining whether liquidated damages are assessable. In no case shall the plant establishment period end prior to the final acceptance of the project.

When the Contractor believes that construction of the project is substantially complete, he shall call for an inspection. The Director will inspect the total project to verify its completion by the Contractor.

Should there be elements of the project that are not yet completed, the Director will record same (substantial completion punch list) and bring them to the attention of the Contractor. All such items must be completed prior to acceptance of the project substantially complete.

In the event re-inspection of any project element results in additional cost to the City for consultant or staff time, the Director retains the right to withhold sufficient funds from payments due the Contractor to cover the cost to the City of such re-inspection.

GENERAL NOTES

CITY NOTES

1. All material and workmanship shall fully conform with the Specifications, standards, and ordinances of the city of concord. Standard specifications and details are available in the office of the City Engineer.

2. The office of public works inspection shall be notified at least 24 hours in advance of any work.

3. It shall be the contractor's responsibility to determine the existence and location 363
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69 of all utilities. The underground contractor shall notify utility companies at least 48 hours in advance of construction to field locate utilities. Contact underground service alert at 800-227-2600.

4. The contractor shall be held responsible for any field changes made without written authorization from the City Engineer.

5. Contractor shall provide adequate traffic controls & shall submit a traffic control plan

6. All existing utilities and private improvements that become damaged during construction shall be completely restored to the satisfaction of the City Engineer, at contractor's sole expense.

7. The contractor agrees that, in accordance with generally accepted construction practices, the contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property and that this requirement shall be made to apply continuously and not just during normal working hours.

8. Excavations shall be adequately shored, braced and sheeted so that the earth will not slide or settle and so that all existing improvements of any kind will be fully protected from damage. Any damage resulting from a lack of adequate shoring, bracing or sheeting, shall be the responsibility of the contractor and shall make necessary repairs or reconstruction at contractor own expense. Where the excavation for a conduit trench, and/or structure is five feet or more in depth, the contractor shall provide adequate sheeting, shoring and bracing or equivalent method, for the protection of life, or limb, which shall conform to the applicable construction safety orders of the division of industrial safety of the state of California. The contractor shall always comply with OSHA requirements.

9. Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained on these plans, the contractor shall contact the Engineer for such further explanations as may be necessary. Existing utilities shall be maintained in service and in place by the contractor during construction unless otherwise shown. References to the state standard specifications and standard Plans refer to 2018 edition.

10. All USA marking to be removed at end of construction.

11. Contractor shall comply with all regulatory agency permit requirements. The qualified biologist, biological surveys, and related reports will be provided by the city.

LABOR NONDISCRIMINATION
Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, 364
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70 California Code of Regulations.

NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the “Nondiscrimination Clause”, set forth in Section 7-1.02I(2), “Nondiscrimination,” of the State Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the “Standard California Nondiscrimination Construction Contract Specifications” set forth herein. The State Standard Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.

The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.

ARBITRATION
The last paragraph in Section 9-1.22, “Arbitration,” of the State Standard Specifications is amended to read:

Arbitration shall be initiated by a Complaint in Arbitration made in compliance with the requirements of said regulations. A Complaint in Arbitration by the Contractor shall be made not later than 180 days after the date of service in person or by mail on the Contractor of the final written decision by the Department on the claim.

POTENTIAL CLAIMS AND DISPUTE RESOLUTION
Section 5-1.43, “Potential Claims and Dispute Resolution,” of the State Standard Specifications is amended to read:

Section 5-1.43, “Potential Claims and Dispute Resolution,” -- The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this Section 9-1.04 shall not be a prerequisite as to matters within the scope of the protest provisions in Section 4-1.05, “Changes and Extra Work,” or Section 8-1.05, “Time,” or the notice provisions in Section 4-1.06, “Differing Site Conditions,” or Section 8-1.10, “Liquidated Damages,” or Section 5-1.36C, “Non-Highway Facilities,” nor to any claim which is based on differences in measurements or errors of computation as to contract quantities.

The written notice of potential claim shall be submitted to the Engineer prior to the time that the Contractor performs the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim.

The written notice of potential claim shall be submitted on Form CEM-6201 furnished by the Department and shall be certified with reference to the California False Claims Act, Government Code Sections 12650 - 12655. The notice shall set forth the reasons for which the Contractor 365
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71 believes additional compensation will or may be due and the nature of the costs involved. Unless the amount of potential claim has been stated in the written notice, the Contractor shall, within 15 days of submitting said notice, furnish an estimate of the cost of the affected work and impacts, if any, on project completion. Said estimate of costs may be changed or updated by the Contractor when conditions have changed. When the affected work is completed, the Contractor shall submit substantiation of his actual costs. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim.

It is the intention of this Section 5-1.43 that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.

Should the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection and copying of documents or records in the possession of the Department that pertain to the potential claim, Contractor shall make its record of the project, as deemed by the Department to be pertinent to the potential claim, available to the Department for inspection and copying.

FINAL PAYMENT AND CLAIMS
CONTRACTOR’S AFFIDAVIT AND FINAL RELEASE. After completion of all contract work and prior to requesting release of any moneys held in retention or final payment by the CITY, the CONTRACTOR shall fully execute and deliver to the CITY the document entitled “Affidavit and Final Release,” included in the contract (page C-15).

Section 9-1.17D, “Final Payment and Claims,” of the State Standard Specifications is amended to read:

9-1.17D Final Payment and Claims -- After acceptance by the Director, the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of said amount, segregated as to contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. All prior estimates and payments shall be subject to correction in the proposed final estimate. The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the contract so that the Engineer receives such written approval or statement of claims no later than close of business on the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of such written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required under the provisions in Sections 4-1.05, “Changes and Extra Work,” 8-1.05, “Time,” 8-

1.10, “Liquidated Damages,” 4-1.06, “Differing Site Conditions,” 5-1.36C, “Non-Highway Facilities,” and Section 5-1.43, “Potential Claims and Dispute Resolution,” unless the Contractor 366
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72 has complied with the notice or protest requirements in said sections.

On the Contractor’s approval, of if he files no claim within said period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the entire sum so found to be due.

Such final estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 5-1.27, “Records,” and 9-1.21, “Clerical Errors.”

If the Contractor within said period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the sum so found to be due. Such semifinal estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder and except as otherwise provided in Sections 5-1.27, “Records,” and 9-1.21 “Clerical Errors.” Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. If additional information or details are required by the Engineer to determine the basis and amount of said claims, the Contractor shall furnish such further information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer. If the fifteenth day falls upon a Saturday, Sunday or legal holiday, then receipt of such information or details by the Engineer shall not be later than close of business of the next business day. Failure to submit such information and details to the Engineer within the time specified will be sufficient cause for denying the claim.

The Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Failure to permit access to such records shall be sufficient cause for denying the claims.

Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:

Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et. seq., the undersigned, _____________________________________________________,
(Name)
____________________________________________________Of
(Title)
_____________________________________________________,
(Company)

Hereby certifies that the claim for the additional compensation and time, if any, made herein for 367
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73 the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.

Dated_______________________________________________

/s/___________________________________________________

Subscribed and sworn before me this ______ day of _________

______________________________________________________
Notary Public
My Commission Expires_________________________________
Failure to submit the notarized certificate will be sufficient cause for denying the claim.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion.

Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act.

The Engineer will make the final determination of any claims which remain in dispute after completion of claim review by the Engineer. A board or person designated by said Engineer. The Contractor may meet with the review board or person to make a presentation in support of such claims.

Upon final determination of the claims, the Engineer will then make and issue his final estimate in writing and within 30 days thereafter the City will pay the entire sum, if any, found due thereon.

Such final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 5-1.27, “Records,” and 9-1.21, “Clerical Errors Claims within the meaning of this section shall refer to all types of claims in whatever manner made by the Contractor, whether written or verbal, whether formal or informal, including requests for extra compensation through Daily Extra Work Reports.

REMOVAL OF ASBESTOS, LEAD PAINT AND HAZARDOUS SUBSTANCES When the presence of asbestos, lead paint or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, Contractor will immediately notify the engineer in accordance with Section 14-11.02 “Discovery of Unanticipated Asbestos and Hazardous Substances” of the Standard Specifications.
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74 With City’s direction and approval, Contractor will proceed to conduct tests to determine the nature of the hazardous substance. If delay of work in the area delays the current controlling operation, it will be considered Extra Work as detailed in Section 4-1.05 “Changes and Extra Work,” of the State Standard Specifications.

LUMP SUM
All labor, materials and incidentals shall be provided for the lump sum prices specified in the Bid Schedule.

SUBCONTRACTING
All subcontractors, suppliers and vendors shall comply with applicable Agency, City and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Fail to file any report due under said orders will result in suspension of periodic progress payments.

PAYMENTS
Monthly payments to the Contract will be made based on percentage completion of work. After contract award, contractor will submit to the engineer a billing schedule of values for review and approval. Contractor will use an approved billing schedule of values to invoice every month.

SOUND CONTROL REQUIREMENTS
The noise level from the Contractor’s operations, between the hours of 8:00 a.m. and 5:00 p.m. shall meet the City of Richmond’s noise ordinance requirements. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

CONTRACTOR’S LIABILITY
The City of Richmond, the City Council, the Engineer or their agents and consultants shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion 369
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75 and final acceptance. So much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of any suits or claims for damages aforesaid.

If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.

In general, mobilization shall consist of the work associated with obtaining permits, insurance, and bonds, and the moving onto the site of materials, supplies, restroom facilities, and equipment as required for the proper performance and completion of the work.

MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in Disposal of Materials shall be considered as included in the prices paid for the various items of work unless otherwise defined in these Specifications and no additional compensation will be allowed therefor.
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Section SP-14 – Disposal of Materials
77 SECTION SP-14 - DISPOSAL OF MATERIALS
The Engineer has not arranged for disposal of materials associated with construction. These materials may include, but are not limited to, general debris, wood, wall board, insulation, and ceiling tiles. The Contractor shall comply with the following:

1. Dispose of all debris and waste materials in a safe and legal manner.

2. Not burn and/ or bury waste materials within the project area.

3. Allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes, or into the storm drain system.

The Contractor shall dispose of specific material as follows:

1. All construction debris in a recycling facility.

2. Wood and metal in a recycling facility.

3. All hazardous materials in a suitable disposal facility.

4. All other materials in a suitable landfill.

The Contractor shall schedule disposal of materials such that inclement weather does not impair access to the disposal facility.

05.12.2025
Robert Stevens
Registered Civil Engineer, Number 58660
CSWST2
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Technical Provisions
79 TS-1 SELECTIVE DEMOLITION

1. SAFETY
A. Deteriorated Structural Support Members. Wood framing members including, but not limited to, columns, framing, rafters, blocking and floor/ roof sheathing are deteriorated and in some cases have lost considerable support capacity.

Caution should be taken at all times regarding capacity of the floor and roof to support live loads, including the weight of personnel, without adequate shoring.

2. SUMMARY
A. Section Includes:

1. Demolition and removal of selected portions of building.

2. Demolition and removal of selected site elements.

3. Salvage of existing items to be reused.

3. DEFINITIONS
A. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and salvaged or removed and reinstalled.

B. Remove and Salvage: Carefully detach from existing construction, in a manner to prevent damage, and deliver to Owner.

C. Existing to Remain: Existing items of construction that are not to be permanently removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled.

4. PRE CONSTRUCTION MEETING
A. Contractor to attend pre construction meeting with Engineer prior to commencing work.

B. Contractor and Engineer to complete field walk to mark locations of all walls and other elements to be removed.

5. INFORMATIONAL SUBMITTALS
A. Pre-demolition Photographs or Video: Submit before Work begins.

6. CLOSEOUT SUBMITTALS
A. Debris Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes. In addition, provide receipts for all debris recycled and/ or disposed at other facilities.

7. FIELD CONDITIONS
A. Conditions existing at time of inspection for bidding purpose will be 374
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80 maintained by Owner as far as practical.

B. Notify Engineer of discrepancies between existing conditions and Plans before proceeding with selective demolition.

C. Hazardous Materials: Hazardous materials are present in buildings and structures to be selectively demolished.

1. A report on the presence of hazardous materials. Hazardous materials exist within the building. See Appendix D for test results. Examine report to become aware of locations where hazardous materials may be present.

2. Complete removal and disposal of hazardous materials in accordance with State and Federal Law.

3. Contractor to complete additional testing as necessary.

D. Storage or sale of removed items or materials on-site is not permitted.

E. Utility Service is not active within the building. Contractor to provide water and power as required.

8. PEFORMANCE REQUIREMENTS
A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.

B. Standards: Comply with ANSI/ASSE A10.6 and NFPA 241.

C. General requirements:

1. Maintain existing building structure (including structural floor and roof decking) and envelope (exterior skin and framing, excluding window assemblies and nonstructural roofing material) not indicated to be demolished; do not demolish such existing construction beyond indicated limits.

2. Maintain existing interior nonstructural elements (interior walls, doors, floor coverings, and ceiling systems) not indicated to be demolished; do not demolish such existing construction beyond indicated limits.

3. Maintain existing nonshell, nonstructural components (walls, flooring, and ceilings) not indicated to be demolished; do not demolish such existing construction beyond indicated limits.

9. EXAMINATION
A. Verify that utilities have been disconnected and capped before starting selective demolition operations.

B. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. Complete field walk with Engineer to confirm areas of demolition.

C. When unanticipated mechanical, electrical, or structural elements that conflict 375
Technical Provisions
81 with intended function or design are encountered, investigate and measure the nature and extent of conflict.

D. Do not remove any load bearing structural elements.

E. Survey of Existing Conditions: Record existing conditions by use of measured drawings preconstruction photographs preconstruction videotapes and/or templates.

10. PREPARATION
A. Site Access and Temporary Controls: Conduct selective demolition and debrisremoval operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities.

B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain.

C. Temporary Shoring: Provide and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain, and to prevent unexpected or uncontrolled movement or collapse of construction being demolished.

11. SELECTIVE DEMOLITION, GENERAL
A. General: Demolish and remove existing construction only to the extent required.

Use methods required to complete the Work within limitations of governing regulations and as follows:

1. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain.

2. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces.

3. Do not use cutting torches until work area is cleared of flammable materials.

At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain portable fire-suppression devices during flame-cutting operations.

4. Locate selective demolition equipment and remove debris and materials so as not to impose any additional loads on supporting walls, floors, or framing.

5. Dispose of demolished items and materials promptly.

B. Remove all loose debris on the floor of the facility. This may include, but is not limited to, ceiling tile, wall board, wood, and trim.
376
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82 C. Removed and Salvaged Items:

1. Clean salvaged items.

2. Pack or crate items after cleaning. Identify contents of containers.

3. Store items in a secure area until delivery to Owner.

4. Transport items to Owner’s storage area on-site.

5. Protect items from damage during transport and storage.

D. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and reinstalled in their original locations after selective demolition operations are complete.

12. DISPOSAL OF DEMOLISHED MATERIALS
A. General: Except for items or materials indicated to be recycled, reused, salvaged, reinstalled, or otherwise indicated to remain Owner’s property, remove demolished materials from Project site and legally dispose of them in an EPAapproved landfill.

1. Do not allow demolished materials to accumulate on-site.

2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.

3. Remove debris from elevated portions of building by chute, hoist, or other device that will convey debris to grade level in a controlled descent.

B. Burning: Do not burn demolished materials.

C. Disposal: Transport demolished materials off Owner’s property and legally dispose of them.

13. CLEANING
A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began.

PAYMENT. The contract lump sum price paid for “Selective Demolition” [Bid Item 1] includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in painting, complete in place, including preparation, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.

TS-2 SUPPLMENTAL WORK
The Engineer may request the Contractor perform Extra Work as defined in Section 4-1.05 of the Standard Specifications and these Special Provisions. This item has been included in the contract to cover modifications to the work necessitated by field conditions. The Engineer may request the 377
Technical Provisions
83 Contractor provide a proposal to perform this work in either lump sum or time and materials basis.

The Engineer will pay time and materials under the Force Account provisions of the Standard Specifications. If approved, the Engineer will issue a change order paid under the Supplemental Work item.

Measurement and Payment - Supplemental Work [Bid Item 2] is an allowance.

This item is a contingent bid item. The Engineer may increase, decrease, or eliminate these items of work. If this occurs, the Engineer shall allow no unit price adjustment or additional compensation. 378
A
APPENDIX A – CITY OF RICHMOND – FIRST SOURCE AGREEMENT
379

CITY OF RICHMOND

FIRST SOURCE AGREEMENT
(SAMPLE)

RECITALS
THIS FIRST SOURCE AGREEMENT is entered into on the date stated below by and between the CITY OF RICHMOND, a municipal corporation and charter city (hereinafter the “City”), and _________________________ (hereinafter the “Employer”).

WHEREAS, the Employer has been awarded a contract, forgivable loan or subsidy by the City and/or the Richmond Community Redevelopment Agency, dated _____________________________,20___ (hereinafter the “Contract”) to perform certain work and provide certain services at ________________________________in Richmond, California, described as follows:

WHEREAS, the Employer, in addition to the Contract, agrees to enter into this First Source Agreement (hereinafter the “FSA”) with the City;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. Compliance with Chapter 2.56. Employer will comply with the terms of Chapter

2.56 of the Richmond Municipal Code, Local Employment Program (hereinafter the “Ordinance”), a copy of which is attached hereto and incorporated herein by reference.

2. Liaison. Employer shall designate a liaison for issues related to the Ordinance and this FSA. The liaison shall work with designated City of Richmond staff to facilitate effective implementation of the Ordinance and this FSA (hereinafter the “Designated City Staff”).

3. First Source Hiring Process for CONSTRUCTION and NON-CONSTRUCTION JOBS – Employer shall take the following steps regarding hiring in furtherance of the Contract. (a) Long-Range Planning. Employer shall, prior to hiring in furtherance of the Contract, and as soon as practicable, provide to the Designated City Staff the approximate number and type of hires that it will make for employment, and the basic qualifications necessary for each projected hire. (b) Dual Notification Process (CONSTRUCTION ONLY). Where there is a signatory agreement with the local union and the associated craft, Employer shall work with the local union and the City of Richmond Employment and Training Department (hereinafter the “ETD”) to fill those positions. The Employer shall forward to the ETD a copy of all personnel requests made to the trade unions, specifying the residency of personnel requested (this process is hereinafter referred to as the "dual notification process" and a description of it is attached hereto along with the Request for Craft form for use by the Employer). In the dual notification process, the Employer shall utilize the "name call," "rehires," "transfers," or "sponsorship" options in maximizing the participation of Richmond, California residents. (c) Notification of job opportunities. Prior to hiring in furtherance of the Contract, Employer shall notify the Designated City Staff, by email or fax, of available job openings and provide a 380
description of job responsibilities and qualifications, including expectations, salary, work schedule, duration of employment, required standard of appearance, and any special requirements, e.g., language skills, driver’s license, etc. Job qualifications shall be limited to skills directly related to performance of job duties. (d) Filling of job opportunities. Prior to announcing or advertising in any form and by any means (except for compliance with internal posting procedures) the availability of an employment position created by the vacancy of an existing position or a new employment position, the Employer shall utilize the dual notification process to notify the pertinent union, if appropriate, and ETD in writing of such position, including a general description of the position and Employer's minimum requirements for qualified applicants, and shall request any pertinent union and ETD to refer qualified applicants for such position to Employer's trade union and/or personnel representative, as appropriate. The Employer shall refrain from any general announcement or advertisement of the availability of such position for a period of ten (10) business days after notification to the ETD. This ten-day period shall be known as the "Advance Notice Period.” (e) Job Site Applications. In the event that any persons seek employment with the Employer at the job site, the Employer shall have the person complete a Job Site Application consisting of name, address, telephone number, social security number and trade. The Employer will then submit this information to the ETD.
(f) Transfer and Promotion. Nothing contained herein shall prevent the Employer from filling job vacancies or newly created positions without compliance with the foregoing procedures by transfer or promotion from its existing staff.

4. Monthly Reports. Employer shall, on a monthly basis, furnish certified payroll sheets to ETD. Failure to provide the City with this information shall result in delay of progress payments for that portion which is deemed not in compliance with the provisions of this FSA.

5. Quarterly Reports. Employer shall prepare quarterly reports detailing the number of hires for employment in furtherance of the Contract during the quarter and stating what percentage of such hires were residents of Richmond, California. The Designated City Staff shall assist Employer by preparing forms to be completed for this purpose. Reports shall be filed with the ETD within thirty (30) days after the completion of each quarter. Reports may include a description of any difficulties the Employer is having with obtaining qualified referrals through the Designated City Staff.

6. Non-compliance Procedure. In the event the City believes the Employer may not be in compliance with the requirements of this FSA, the following procedure will be followed:
(a) The Community and Economic Development Executive Director (hereinafter the “Executive Director”) or designee shall cause to be delivered to the Employer a written “Notice of Non-Compliance” (hereinafter the “Notice”). The Notice shall specify the matters which constitute the non-compliance; the specific action required to correct the noncompliance; and the time period during which such correction shall occur. In no event shall this time period be more than thirty (30) days after receipt of the Notice by the Employer. If the Notice is mailed, it will be deemed received five (5) days after the date of mailing. 381
(b) If the Employer disagrees with the Notice, they shall have the burden of proving compliance with the provisions of the Ordinance and shall submit any evidence and argument to the Executive Director or designee to establish compliance no more than thirty (30) days after receipt of the Notice by the Employer. (c) In the event the Executive Director or designee subsequently agrees that compliance has occurred, the Executive Director or designee shall cause to be delivered promptly to the Employer a written “Notice of Correction of Non-Compliance,” specifying the original noncompliance which has been corrected. (d) In the event the Executive Director or designee does not agree that compliance has occurred, the Executive Director or designee shall promptly notify the Employer by a written “Notice of Failure to Correct Non-Compliance” (“hereinafter the “Notice of Failure to Correct”), describing the facts constituting the non-compliance.
(e) After the issuance of the Notice of Failure to Correct, the Employer shall have the right to request a hearing before the City Manager or designee (hereinafter “Request for Hearing”), who shall make the final determination. The Request for a Hearing must be made within ten (10) working days after receipt of the Notice of Failure to Correct. If the Notice of Failure to Correct is mailed, it will be deemed received five (5) days after the date of mailing. The hearing shall be held no sooner than twenty (20) and no later than thirty (30) days after receipt by the City of the Request for Hearing, unless otherwise agreed to by the parties. At the hearing, the Employer will be allowed to present any evidence and argument it believes proves compliance. The City Manager or designee shall issue their final determination no later than ten (10) business days after the hearing. The Employer must exhaust this administrative remedy prior to commencing legal action.
(f) In the event no Request for Hearing is timely made, the determination of failure to correct non-compliance shall be deemed to be final.
(g) Should the Employer fail to comply with the Notice of Non-Compliance as specified above, and a final determination of non-compliance is made, the City may exercise any of its powers as specified in §2.56.080 of the Ordinance.

Executed this _________ day of ________________________________, 20_______.

EMPLOYER CITY OF RICHMOND
By: ____________________________________ By: __________________________________ Name: _________________________________ Name: _______________________________ Title: __________________________________
Approved as to form:
___________________________________
City Attorney
382
B
APPENDIX B – CITY OF RICHMOND – INSURANCE REQUIREMNTS –

CONSTRUCTION PROJECTS
383
___ 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 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.

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
General Liability
(primary and excess limits
combined)
384
___ 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).

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:

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.
385
___ 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.

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.
386
___ 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.

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.

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.
387
___ 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
388
C

APPENDIX C - COMMUNITY WORKFORCE PROJECT STABILIZATION AGREEMENT 389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
Project Stabilization Agreement
18 for the City of Richmond

UNION SIGNATURES
___________________________________
Asbestos Workers Local #16
___________________________________
Teamsters Local #315
___________________________________
Boilermakers Local #549
___________________________________
Roofers and Waterproofers Local #81
___________________________________
Bricklayers Local #3
___________________________________
Iron Workers Local #378
___________________________________
Northern California Regional Council of
Carpenters, for itself and its affiliated Local
Unions
___________________________________
Northern California District Council of
Laborers, for itself and its affiliated Local
Unions
___________________________________
Sheet Metal Workers Local #104
___________________________________
Cement Masons Local #300
___________________________________
Operating Engineers Local #3
___________________________________
International Brotherhood of Electrical
Workers Local #302
___________________________________
District Council #16, Painters and Allied
Trades, for itself and its affiliated Local Unions
___________________________________
Plasterers Local #66
___________________________________
Sprinklerfitters Local #483
___________________________________
United Association Local #159
___________________________________
United Association Local #342
___________________________________
United Association Local #355
___________________________________
Elevator Constructors Local #8
410

UNION SIGNATURES
Asbestos Workers Local # 1 6 Teamsters Local #315
Boilermakers Local #549 Roofers and Waterproofers Local #81 Bricklayers Local #3 Iron Workers Local #378
Northern California Regional Council of Northern California District Council of Carpenters, for itself and its affiliated Local Laborers, for itself and its affiliated Local Unions Unions
Sheet Metal Workers Local #104 Cement Masons Local #300 aAfiflz? tAOl
Operating Engineers Local #3 International Brotherhood of Electrical Workers Local #302
District Council #16, Painters and Allied Plasterers Local #66 Trades, for itself and its affiliated Local Unions
Sprinklerfitters Local #483 United Association Local #159 United Association Local #342 United Association Local #355 Elevator Constructors Local #8
Project Stabilization Agreement
18 for the City of Richmond
411
412
413
414
415
416
417
418
419
420
421
422
423
D
APPENDIX D – HAZARDOUS MATERIALS REPORT
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440

POTABLE WATER

SANITARY SEWER
400A/ 3PHASE SERVICE

GAS SERVE

NOT ACTIVE

BAY TRAIL

CANAL BOULEVARD
BUILDING 23: CAFETERIA

KINDER MORGAN

GAS PIPELINES

PARKING
Prepared Under the Direction of:

CALIFORNIA
State Of

CONTRA COSTA
County Of

RICHMOND
City Of CAFETERIA BUILDING TITLE SHEET PORT OF RICHMOND - XX/XX/XX XXX XXX XXX XXX P:\Shared\Projects\2023\2300125 Port of Richmond\01-PPMT\0-Cafeteria\Demo-Cafeteria.dwg 05/14/2025 - 11:48 PM rstev 1:1.0341 T-1
Sheet
Plan File:

Project Number:

D-XXXX-XX
240078
Scale:

Date:

AS SHOWN

ENGINEERING

LANDSCAPE ARCHITECTURE

SURVEYING

URBAN PLANNING
WWW.CSWST2.COM

DEMOLITION NOTES

1. THE PORT COMPLETED HAZARDOUS MATERIALS

TESTING AND FOUND LEAD AND ASBESTOS WITHIN THE
BUILDING. SEE SPECIFICATIONS FOR RESULTS.

2. CONTRACTOR RESPONSIBLE FOR DOING ADDITIONAL
TESTING AS REQUIRED BY RECEIVER OF DEBRIS.

3. CONTRACTOR TO COMPLETE FIELD WALK WITH
ENGINEER TO MARK WALLS FOR DEMOLITION. NO

DEMOLITION TO COMMENCE UNTIL THIS TASK IS
COMPLETE.

4. CONTRACTOR TO VERIFY WATER AND POWER AND NOT
ACTIVE PRIOR TO WORK.

5. CONTRACTOR TO REMOVE INTERIOR NON LOAD
BEARING WALLS. PROTECT STRUCTURE.

6. CONTRACTOR TO REMOVE NON ORIGINAL CEILING TILES
AND PROTECT EXISTING TILES AS SHOWN ON A-2.

7. REMOVE AND SALVAGE ALL ORIGINAL LIGHTS AS
SHOWN ON SHEET A-2. NON ORIGINAL LIGHTS CAN BE
REMOVED AND DISPOSED.

8. NO POWER OR WATER AVAILABLE AT THE SITE.

PORT OF RICHMOND
BUILDING 23: CAFETERIA BUILDING

SELECTIVE INTERIOR DEMOLITION MARINA WAY S

MACDONALD AVE RICHMOND
PKWY
HALL
AVE

FORD CHANNEL

CANAL BLVD

CUTTING BLVD
W. OHIO AVE.

I-580 HARBOUR WAY

CASTRO ST
CLIFF

DORNAN DR

WHARFST
SEADR.

SANTA FE CHANNEL

HARBOR CHANNEL

BNSF RR

VICINITY MAP
NTS

HARBOR CHANNEL

WASTEWATER

TREATMENT
PLANT

SITE PLAN
1"=20'

PROJECT

LOCATION

SHEET INDEX
T-1 TITLE SHEET
A-1 SELECTIVE DEMOLITION PLAN
A-2 EXISTING CONDITIONS
441
13'-3" 8'-4" 62'-6" 26'-4" 25'-4" 20'-6"
48'-3" 50'-0"
12'-7"
97'-10"
90'-6" 23'-0" 14'-4" 22'-2" 11'-5" 26'-0"
*
*
*
*
*
*
* * * *
*
*
*
*
* *
*
*
+ + +
+
+
= EXISTING WALL IN ORIGINAL WALL LOCATION
= EXISTING WALL - NON-ORIGINAL
= ORIGINAL WALL LOCATION - NO WALL CURRENTLY
= RETROFIT EXTERIOR WINDOW OR DOOR IN ORIGINAL OPENING LOCATION = RETROFIT EXTERIOR WINDOW OR DOOR IN NON-ORIGINAL OPENING LOCATION = POTENTIALLY ORIGINAL DOOR
LEGEND

ORIGINAL CEILING

HEIGHT CHANGE

ORIGINAL

BUILT-IN
SHELF

ORIGINAL

INCINERATOR
+
*
+
*

PROTECT COLUMN

PROTECT
COLUMN

PROTECT COLUMN

PROTECT COLUMN PROTECT COLUMN

REMOVE WALL,

DOOR, AND RELATED

ELEMENTS (TYP)
B
A-2
B
A-2
B
A-2
B
A-2
B
A-2
B
A-2

REMOVE NON ORIGINAL

CEILING TILES WHERE

EXISTING - SEE

PROTECT ORIGINAL

CEILING TILES - SEE

TYPICAL ENTIRE

BUILDING
C
A-2
D&E
A-2

REMOVE NON ORIGINAL

CEILING TILES WHERE

EXISTING - SEE

PROTECT ORIGINAL

CEILING TILES - SEE

TYPICAL ENTIRE

BUILDING
C
A-2
D&E
A-2

REMOVE WALL

PROTECT WALL

RESTROOM

RESTROOM
LOBBY

ENTRANCE DOOR

ENTRANCE DOOR
Prepared Under the Direction of:

CALIFORNIA
State Of

CONTRA COSTA
County Of

RICHMOND
City Of RICHMOND SELECTIVE DEMOLOTION CAFETERIA BUILDING - XX/XX/XX XXX XXX XXX XXX P:\Shared\Projects\2023\2300125 Port of Richmond\01-PPMT\0-Cafeteria\Demo-Cafeteria.dwg 05/14/2025 - 11:49 PM rstev 1:1.034 A-1
Sheet
Plan File:

Project Number:

D-XXXX-XX
240078
Scale:

Date:
1"=8'

ENGINEERING

LANDSCAPE ARCHITECTURE

SURVEYING

URBAN PLANNING
WWW.CSWST2.COM

EXISTING PLAN FROM WISS, JANNEY,
ELSTNER ASSOCIATES, INC. MAY 2014
442

PHOTOGRAPH A

EXISTING LIGHTS -

PRESERVE

PHOTOGRAPH B

EXISTING COLUMN

IN WALL TO BE

REMOVED

PHOTOGRAPH C

NON ORIGINAL

TILES TO BE

REMOVED

PHOTOGRAPH D

ORIGNAL TILES

AND FINISHES

ABOVE NON

ORIGINAL DROP

CEILING

PHOTOGRAPH E

ORIGINAL CEILING
TILES
Prepared Under the Direction of:

CALIFORNIA
State Of

CONTRA COSTA
County Of

Project Number:

D-XXXX-XX
240078
Scale:

Date:
1"=8'

ENGINEERING

LANDSCAPE ARCHITECTURE

SURVEYING

URBAN PLANNING
WWW.CSWST2.COM

EXISTING PLAN

NO SCALE
443
Selective Interior Demolition

BASE BID
Bid item Description Units Quantity Unit Price Bid Total 1 Selective Demolition 1 LS $ 98,000 $98,000
2 Supplemental Work 1 Allow 15,000 $ $15,000
Total Engineer's Estimate $113,000
Responsiveness Submitted Bid
5% Incentive - Richmond
business Total Bid
Greentech Industry Yes 113,000.00 $ $113,000.00
Selected as Lowest
Responsive, Responsible
Bid
New Century Construction Yes $ 202,800.00 $202,800.00
Top Line Engineers Inc Yes $ 252,400.00 $252,400.00
Resource Environmental Inc Yes $ 553,000.00 $553,000.00 No 103,407.50 $ $5,170.38 $98,237.13 Unresponsive Bid
Vendor
LG Engineering
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Richmond City CouncilAugust 26, 2025

Richmond City Council
August 26, 2025