Agenda — Richmond City Council, November 18, 2025 (part 4 of 8)

November 18, 2025
Mayor's Office
DATE: November 18, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Amend the 2025 Appointments to Committees and Liaison Positions
FINANCIAL IMPACT: There is no financial impact on receiving this item.

PREVIOUS COUNCIL
ACTION:

March 26, 2024
February 4,2025
July 1, 2025

STATEMENT OF THE
ISSUE:

The Mayor is responsible for appointing City
Councilmembers to Regional Committees, Ad Hoc
Committees, and as Liaisons to City Boards and
Commissions. This amendment updates the list to
include the Macdonald Avenue Task Force and the Black
Resiliency Fund Ad Hoc Committee, along with the
Councilmember appointments previously established by
Council action. It also adds Councilmember Jimenez as a member of the Macdonald Avenue Task Force.

RECOMMENDED ACTION: AMEND the appointments for the Mayor and City Councilmembers to Regional Committees, Ad Hoc
Committees, and Liaison Positions for the year 2025 to
include the Macdonald Avenue Task Force and the Black
Resiliency Fund Ad Hoc Committee, and to include
Councilmember Jimenez in the Macdonald Avenue Task
Force as appointed by the Mayor. - Mayor’s Office
(Mayor Eduardo Martinez 510-620- 6503).

DISCUSSION:

AGENDA
REPORT
675

Page 2 of 2 ends

November 18, 2025
The Mayor is responsible for appointing City Councilmembers to serve on Regional Committees, Ad Hoc Committees, and as Liaisons to City Boards and Commissions.

This amendment reflects the following updates:
 Addition of the Macdonald Avenue Task Force.
 Addition of the Black Resiliency Fund Ad Hoc Committee.  Inclusion of Councilmember Claudia Jimenez in the Macdonald Avenue Task Force, as appointed by the Mayor.

These updates ensure the City’s official committee list accurately reflects current Council and Mayoral appointments for 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Amended 2025 Appointments to Committees and Liaison Positions List 676
2025 Council Appointments to Committees, Boards,and
Commissions
Arts and Culture Commission:

Claudia Jimenez
Community Police Review Commission:

Claudia Jimenez
Commission on Aging:

Jamelia Brown
Design Review Board:

Eduardo Martinez
Economic Development Commission:

Doria Robinson
Historic Preservation Commission:

Soheila Bana
Housing Advisory Commission:

Soheila Bana
Human Rights and Human Relations Commission:

Sue Wilson
Library Commission:

Sue Wilson
Personnel Board:

Sue Wilson
Planning Commission:

Jamelia Brown
Recreation and Parks Commission:

Doria Robinson
Richmond-Shimada Friendship Commission:

Cesar Zepeda
677
Richmond-Zhoushan Friendship Commission:

Jamelia Brown
Richmond-Regla Friendship Committee:

Cesar Zepeda
Richmond Youth Council:

Cesar Zepeda
Urban Forest Advisory Committee:

Doria Robinson
Workforce Development Board:

Jamelia Brown
ECIA Transportation Oversight Committee:

Claudia Jimenez
Macdonald Avenue Task Force
• Doria Robinson
• Claudia Jimenez
• Mayor Eduardo Martinez
City of Richmond Ad Hoc Committees
Black Resiliency Fund Ad Hoc:
• Member: Doria Robinson
• Member: Mayor Eduardo Martinez
NURVE Policy Ad Hoc Committee:
• Member: Doria Robinson
• Alternate: Mayor Martinez
Municipal Wastewater Oversight Ad Hoc Committee:
• Member: Doria Robinson
• Member: Cesar Zepeda
• Member: Mayor Eduardo Martinez
Fire Prevention Ad Hoc Committee:
• Soheila Bana
• Jamelia Brown
• Cesar Zepeda
ECIA Grant Review Ad Hoc Committee:
• Soheila Bana
• Cesar Zepeda 678
Regional Committees
West Contra Costa Integrated Waste Management Authority (RecycleMore):
• Member: Cesar Zepeda
• Member: Doria Robinson
• Member: Jamelia Brown
• Alternate: Soheila Bana
Association of Bay Area Governments (ABAG) Representative:
• Member: Mayor Eduardo.
• Alternate: Claudia Jimenez
East Bay Regional Parks:
• Member: Mayor Martinez
• Bana: Soheila Bana
Gilman Street Sport Complex:
• Member: Sue Wilson
• Alternate: Soheila Bana
League of CA Cities East Bay Division:
• Member: Jamelia Brown
• Alternate: Mayor Eduardo
League of CA Cities Voting Representative:
• Member: Mayor Eduardo Martinez
• Alternate: Jamelia Brown
MCE Clean Energy Representative:
• Member: Cesar Zepeda
• Alternate: Eduardo Martinez
North Richmond Mitigation Fee Joint Committee:
• Member: Doria Robinson
• Alternate: Cesar Zepeda
West Contra Costa Transportation Advisory Committee (WCCTAC):
• Member: Claudia Jimenez
• Member: Cesar Zepeda
• Member: Mayor Eduardo Martinez
• Alternate: Soheila Bana
West Contra Costa Unified School District Liaison:
• Member: Soheila Bana
• Member: Sue Wilson 679
Richmond/AC Transit Interagency Liaison Committee:
• Member: Soheila Bana
• Alternate: Sue Wilson
Contra Costa County Mayors’ Conference:
• Member: Mayor Eduardo
• Alternate: Claudia
Regional Wildfire Prevention Coordinating Group:
• Member: Soheila Bana
• Alternate: Jamelia Brown
680
PUBLIC

WORKS/ABATEMENT
OCTOBER 2025

ABATEMENT UPDATE
NOVEMBER 18, 2025
681

NEIGHBORHOOD
DUMPSTER DAYS (4)
 SANTA FE
 POINT RICHMOND
 HILLTOP GREEN
 HILLTOP VILLAGE
 EAST RICHMOND
 CORONADO
 SHIELDS-REID/NORTH RICHMOND
44 DUMPSTERS – 99.56 TONS
682
192 SENIORS/DISABLED

PERSONS ASSISTED
(55.24 TONS)
 SANTA FE
 POINT RICHMOND
 HILLTOP GREEN
 HILLTOP VILLAGE
 EAST RICHMOND
 CORONADO
 SHIELDS-REID/NORTH

RICHMOND
683

ILLEGAL

DUMPING
204.01 TONS REMOVED

DEAD END OF SPRING STREET
684

ILLEGAL DUMPING
 204.01 TONS REMOVED
South 16th & Florida Ave
Central & Jacuzzi Street
5th Street & Bissell Avenue
685
 ILLEGAL DUMPING:

MATTRESSES, PAINT/OIL

AND TIRES
348 MATTRESSES
148 GALLONS OF PAINT/OIL
272 TIRES
MATTRESSES – 34TH, ST. & NEVIN AVE
TIRES – BOORMAN PARK
OIL/PAINT – FACTORY STREET
686
Tonnage Collected Jan Feb March April May Jun Jul Aug Sep Oct Nov Dec YTD 2022 143.24 181.58 209.4 189.23 197.55 182.86 343.3 311.5 247.37 215.74 231.95 278.08 2731.80 2023 249.87 169.66 210.78 224.86 185.09 242.03 213.87 238.18 207.01 317.6 261.62 231.51 2752.08 2024 290.37 185.55 229.98 194.45 286.88 208.95 216.96 392.56 271.85 305.43 272.36 281.48 3136.62 2025 280.88 176.79 162.83 231.33 207.63 185.16 174.05 200.3 202.64 204.01 2026.62 Illegal Dumping (Tons) YTD Comparison
687
ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2025
0 50
100
150
200
250
300
688
ILLEGAL DUMPING TOTAL COST PER MONTH – 2025*
$-
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
$120,000.00
$140,000.00
January February March April May June July August September October November December *Includes Labor and Equipment 689
 ENCAMPMENT

S ABATEMENT
20 LOCATIONS

32.42 Tons removed
Wright Avenue
Central Avenue
Miraflores Property
690
 ENCAMPMENTS ABATEMENT
SOUTH 2ND STREET & MAINE AVENUE
1STSTREET/GREENWAY
691

ENCAMPMENTS TONNAGE COLLECTED PER MONTH (OCTOBER)
0 5
10 15
20 25
30 35
40 45
2022 October 2023 October 2024 October 2025 October 692

GRAFFITI REMOVAL
282 Tags Removed
136 Locations
Central Ave/I-80 Underpass
693
 GRAFFITI REMOVAL
Martin Luther King Park.
694

GRAFFITI TAGS REMOVED PER MONTH
255
260
265
270
275
280
285
2022 October 2023 October 2024 October 2025 October 695 BOULDERS INSTALLATION: ON

ILLEGAL DUMPING AND
ENCAMPMENTS HOT’S SPOTS
POTRERO STREET AVE 7 S 23RD
STREET
(PORTOLA AVE – KEARNEY

UNDREPASS
696

VEHICLES/BOATS
DISMANTLING (6)
OLIVERS' & CIVIC CENTER TOW
YARD
TOWED BY PD/PARKING

ENFORCEMENT FROM PUBLIC

RIGHT OF WAYS
697

PRIVATE PROPERTY CLEAN-UP
(WARRANT)
698

PRIVATE PROPERTY

BOARD-UPS
 STATE COURT - LAUREL PARK

NEIGHBORHOOD
699
MISCELLANEOUS:

SIDEWALKS & WALKWAYS
CLEAN-UPS (4)
21ST STREET & MACDONALD
AVENUE
700
WEED

ABATEMENT
(4 LOCATIONS)
701
October Stats 2023 2024 2025 2023 2024 2025
Illegal Dumping (Tons) 322.09 305.43 204.01 2297.74 2582.8 2025.52 • Mattresses 290 258 348 2302 2324 2599
Dumpster Days (Tons) 53.79 101.67 154.8 595.46 804.66 716.15 *Number of Events 2 3 4 26 29 28
Encampments 7 16 20 31 111 176
• Tons 17.76 40.79 32.42 169.27 285.44 419.28
Graffiti Tags 276 271 282 1956 1756 2576
YTD
702

ABATEMENT STAFF HOURS
Illegal Dumping 1488
Encampment Removal 94
Boulder/K-rails Installation 16
Graffiti Abatement 176
North Richmond Mitigation 56
Weeds/Brush Abatement 48
Fencing, Private Board Ups & Clean-Ups 82
Seniors Assistance 112
Leave 234
Management 292
Transport/Misc.* 42
Total 2400
October Hours
Illegal Dumping
Encampment Removal
Boulder/K-rails Installation
Graffiti Abatement
North Richmond Mitigation
Weeds/brush Abatement
Transport/Misc*
Board Ups/Clean Ups/Fencing
Seniors Assistance
Management
Transport/Misc. includes staff hours for removal of debris from vehicles, Point Leave Molate trash removal, and hazardous waste facility disposal. 703 on
IRON TRIANGLE BELDING WOODS
W
Barre
tt Ave
NORTH & EAST RICHMO
HEIGHT
ATCHISO

N VILLAGE
Dim
St RICHMORE VILLAGEMETRO
SQUARE
Illegal Dumping
Hotspot (18)
February, 2025
Canal
PULLMAN PARK PLAZA
SANTE FE 580
CORONADO EL CERRITO
Lauritzen Canal
S 31st
St
CORTEZ-STEGE LAUREL PARK 80
EASTSHORE
Miller-knox
Regional
Shoreline
PARKVIEW
MARINA BAY POINT

RICHMOND
PANHAND

LE ANNEX
RICHMO

ND ANNEX
Richmond Inner Harbor
San
Francisco
Bay
SOUTHWE

ST ANNEX
0 1/4
1/21 Miles El
Cerrito Plz
ALBANY
704

PARTNERSHIPS
705

Page 1 of 3 ends

November 18, 2025
Department
DATE: November 18, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Josef Munoz, Assistant Deputy Director of Public Works
Subject: Accept the Booker T. Anderson Community Center Fire Restoration, Infrastructure, and HVAC Projects as
Complete
FINANCIAL IMPACT: There is no additional fiscal impact to the General Fund or any other fund as a result of this action. The
construction contract was completed within the previously authorized not-to-exceed budget of $4,376,586. The final construction cost was $4,156,427. The remaining project balance was appropriated under Booker T. Anderson
Center Infrastructure A Phase III Project 23061.

PREVIOUS COUNCIL
ACTION:

October 25, 2022
April 16, 2024

STATEMENT OF THE
ISSUE:

City Council approval is required to accept the
construction contract for the Booker T. Anderson
Community Center Fire Restoration, Infrastructure, and
HVAC Projects as complete, authorize the City Clerk to
record the Notice of Completion, and authorize the
release of bonds and retention to the contractor. The
project has been completed in accordance with the
approved plans, specifications, and City of Richmond
standards.

AGENDA
REPORT
706

Page 2 of 3 ends

November 18, 2025
RECOMMENDED ACTION: ADOPT a resolution accepting the construction of the Booker T. Anderson Community Center Fire Restoration,
Infrastructure, and HVAC Projects as complete;
AUTHORIZING the city clerk to record the Notice of
Completion with the Contra Costa County Recorder; and
AUTHORIZING the city engineer to release applicable
bonds and retention – Public Works Department (Josef
Munoz 510-620-6671/Robert Armijo 510-620-5477).

DISCUSSION:

On October 25, 2022, the City Council awarded a construction contract to Arntz Builders, Inc. for the Booker T. Anderson Community Center Fire Restoration Project in an amount not-to-exceed $3,302,178. The original contract included the base bid, one alternate bid item, repair of copper-theft vandalism, and a contingency allowance.

The project scope was subsequently expanded to incorporate additional capital improvements:
 HVAC Renovation and Rebuild – $500,000 (approved July 1, 2023)  Site Infrastructure Improvements – $1,000,000 (approved December 5, 2023) On April 16, 2024, the City Council approved a contract amendment increasing Arntz Builders’ total contract amount to $3,978,715, with a contingency of $397,871, for a total authorized construction budget of $4,376,586.

Project plans, specifications, and contract documents were prepared by the City’s Architectural Consultant Mark Albertson Architects. Construction management, inspection, and oversight were provided by City staff and consultants.

The Booker T. Anderson Community Center officially reopened to the public on June 6, 2024. All construction activities were completed in accordance with the approved plans, specifications, and City of Richmond standards.

Project costs (excluding unspent contingency) are as follows:

Category Amount
A. Construction Contract Amount $3,978,715
B. Approved Change Orders $177,712
C. Design, Construction Mgmt., and Miscellaneous $853,554 (Estimated) Total Projected Project Cost $5,009,981
The total project cost was $5,009,981. The actual construction work cost $4,156,427 (Category A + B). We have about $220,159 in contingency funds left over. All remaining project money, including the unused contingency, was allocated to the BTA Phase III Project (23061).
707

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November 18, 2025
The project has been completed within the available budget, on an acceptable schedule, and in accordance with applicable plans, specifications, and City standards.

City staff recommends that the City Council accept, by resolution, the construction of the Booker T. Anderson Community Center Fire Restoration, Infrastructure, and HVAC Projects, completed by Arntz Builders, Inc. and authorize the City Clerk to record the Notice of Completion with the Contra Costa County Recorder and authorize the City Engineer to release applicable retention and bonds.

Next Steps:

The Booker T. Anderson Phase III project may include enhancements to the Community Center's roof, gutter system, and exterior courtyard fence, with completion expected by Spring 2027.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
708
Reso. No. xx-25

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RESOLUTION NO. xx-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, FOR THE ACCEPTANCE OF THE BOOKER T. ANDERSON

COMMUNITY CENTER FIRE RESTORATION, INFRASTRUCTURE AND HVAC

PROJECTS AS COMPLETE AND AUTHORIZING THE CITY CLERK TO RECORD

THE NOTICE OF COMPLETION AND THE RELEASE OF BONDS AND RETENTION WHEREAS, the City of Richmond City Council awarded a construction contract to Arntz Builders, Inc. for the Booker T. Anderson Community Center Fire Restoration, Infrastructure and HVAC Projects in the amount not to exceed $3,302,178, which covered the low bid, an alternate bid item, costs for copper vandalism, and a contingency on October 25, 2022; and WHEREAS, the City recommended expanding the scope beyond fire damage repair to address broader community needs and create a more cohesive and functional facility. This included $500,000 for HVAC Renovations and $1,000,000 for Infrastructure improvements; and WHEREAS, these additions, totaling $1,500,000, were integrated into the original contract. On April 16, 2024, the City Council approved an amendment that brought Arntz Builders' total contract amount to $3,978,715, with an approved contingency of $397,871; and WHEREAS, the final contract for all three capital improvement projects—the initial fire restoration, HVAC, and infrastructure—had a total not-to-exceed amount of $4,376,586.

WHEREAS, the total construction cost for the project was $4,156,427, which includes the base contract and approved change orders.; and
WHEREAS, the budget and project construction costs status are as follows:

A. Construction Contract Amount $3,978,715
B. Approved Change orders $177,712
C. Design, Construction Management, and Miscellaneous $853,554 (estimated) Total Projected Project Cost $5,009,981
WHEREAS, the project was completed under the authorized not-to-exceed construction costs of $4,376,586 for construction, resulting in approximately $220,159 in unspent contingency funds. The remaining project balance, including unspent contingency, in Projects 23045 and AR247 was allocated to BTA Phase III Project 23061.

WHEREAS, project plans and specifications were prepared by City staff, and construction activities were completed in accordance with the approved plans, specifications, and City of Richmond standards.

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

Section 1. The City Council finds and determines that the foregoing recitals are true and correct and are incorporated into this resolution by reference.

Section 2. The City Council hereby accepts the construction of the Booker T. Anderson Community Center Fire Restoration, Infrastructure, and HVAC Projects by Arntz Builders, Inc. as complete, affirms that the work was performed in accordance with City standards, authorizes the City Clerk to record the Notice of Completion with the Contra Costa County Recorder, and authorizes the City Engineer to release all applicable bonds and retention payments.

Section 3. The City Council designates the City Clerk as the custodian of the documents and materials constituting the record of proceedings upon which this decision is based. These records shall be maintained at the Office of the City Clerk at 450 Civic Center Plaza, Richmond, California 94804.
709
Reso. No. xx-25

Page 2 of 2 ends

Section 4. This resolution shall take effect immediately upon its passage. *************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held November ______, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
710

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November 18, 2025
Public Works
DATE: November 18, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Ana Crespin, Senior Administrative Analyst
Subject: Contract with Xebec Data Corporation for Conversion of Electronic Data to an Importable Format for the Utility Bills
FINANCIAL IMPACT: The proposed total three-year not to exceed contract cost of $30,000, with the option of two one-year extensions of $10,000 per year is included within the approved Fiscal Year 2025-2026 Public Works budget. The expenditure
will be budgeted accordingly in subsequent fiscal year
budgets (Account Code: 01231031-400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City of Richmond requires specialized data services to continue receiving, processing, and analyzing utility billing information from Pacific Gas & Electric (PG&E).

This process ensures accurate, timely, and cost-efficient handling of energy billing across all City departments.

The City’s existing contract with Xebec Data Corporation expired on September 30, 2025. City staff are requesting approval to retroactively extend and renew the
agreement to maintain uninterrupted service.

RECOMMENDED ACTION: ADOPT a resolution to APPROVE a sole-source contract with Xebec Data Corporation for conversion of electronic data to an importable format, for a three-year term, in an amount not to exceed $30,000, with an option to extend
for two additional one-year terms, in an amount up to
$10,000 per year – Public Works Department (Daniel
Chavarria 510-620-5478/Ana Crespin 510-307-8095).

DISCUSSION:

AGENDA
REPORT
711

Page 2 of 3 ends

November 18, 2025
Since May 2010, the City of Richmond has partnered with Xebec Data Corporation, the only firm specializing in Electronic Data Interchange (EDI) for converting utility billing data from Pacific Gas & Electric (PG&E) into a format compatible with the City’s Energy Manager Software System. In 2018, the service was upgraded to a web-based platform, improving automation, data accuracy, and security.

The City receives approximately 350–400 utility invoices each month from PG&E for facilities, streetlights, and other infrastructure. Without Xebec’s automated EDI service, staff would be required to manually process each invoice — a time-consuming and error-prone process.

The Xebec ECLynx Web EDI solution automates the entire billing process by:
 Receiving and translating PG&E billing files (EDI 810s) into a readable format for the City’s Energy Manager software.
 Automatically verifying invoice accuracy, flagging any billing discrepancies, mismatched totals, or unusual usage patterns.
 Generating key reports that allow departments to monitor and manage energy use and costs.
 Creating PDF bill images to replace discontinued paper statements.  Delivering all data securely via SFTP for direct integration into the City’s financial and payment systems, enabling electronic payment processing and eliminating paper requisitions, purchase orders, and manual checks.

This system provides daily automation, transparency, and reliability, significantly reducing manual workload and ensuring financial accuracy.

Key Deliverables
The Xebec ECLynx Web EDI system provides several essential deliverables that ensure efficient, accurate, and transparent management of the City’s utility billing data.

These outputs allow staff to easily import, review, and validate PG&E invoices while maintaining complete digital records for reference and analysis.  Energy Manager Import File: Allows seamless upload into the City’s Energy Manager system.
 Summary Report: Summarizes all processed bills and total charges.  Error Report: Identifies discrepancies or abnormal billing activity.  PDF Bill Images: Provide visual records of utility bills for reference and archiving.

Operational Benefits
The implementation of Xebec’s automated EDI service delivers significant operational advantages that enhance efficiency, financial accuracy, and environmental responsibility across City departments.
 Improved budget control and transparency: Departments can track and forecast energy use and costs more effectively.
 Error reduction: Automated validation minimizes duplicate payments and missed invoices.
712

Page 3 of 3 ends

November 18, 2025
 Enhanced reporting and accountability: Enables detailed energy consumption reports by division for performance tracking and conservation analysis.  Regulatory and audit compliance: Maintains consistent, digital records for reliable auditing and reporting.
 Environmental sustainability: Reduces paper usage and manual processing.

SOLE SOURCE JUSTIFICATION
Xebec Data Corporation is the only vendor offering full EDI data translation and integration services specifically designed for PG&E billing data and compatible with the City’s Energy Manager Software System. Xebec manages the entire workflow — from receiving and validating raw billing data to producing fully formatted files and reports. No other vendor provides this combination of technical capability, system compatibility, and support for the City’s existing infrastructure (Attachment 1 and 2).

The estimated annual costs total approximately $5,320, based on:
 $75 monthly subscription fee, and
 $0.99 per invoice, with about 4,465 invoices processed per year.

The proposed contract amount of $30,000 over three (3) years, with two optional oneyear extensions up to $10,000 per year, allows for budget flexibility to accommodate fluctuations in invoice volume or service needs. Funding is available within the City’s operational budget for utilities and energy management. The original contract expired on September 30, 2025. Therefore, staff is requesting to retroactively date the contract to October 1, 2025. The delays for contract issuance were due to vendor issuing an inaccurate scope of work to reflect the City’s requirements.

CONCLUSION
City staff recommend that City Council adopt a resolution renewing the contract with Xebec Data Corporation ensures the City of Richmond continues to receive accurate, timely, and automated processing of PG&E utility billing data (Attachment 3 and4). This service is vital for effective energy management, improved budget oversight, and the City’s transition toward fully electronic payment processing, reducing costs and administrative effort while supporting sustainability and operational efficiency.

DOCUMENTS ATTACHED:

Attachment 1 – Sole Source Form
Attachment 2 – IT Authorization
Attachment 3 – Resolution
Attachment 4 – Contract
713
714
715
716
I.T. – RELATED PURCHASES AUTHORIZATION
Form must be fully completed and signed prior to information technology related purchases Date ___________
Requested Vendor _______________________________________________ V# _____________ Vendor Address ________________________________________________________________ ________________________________________________________________ Contact Person ________________________________________________________________ Email Address ________________________________________________________________ Phone No ( ______ ) ____________________ Fax # __________________________ Quantity Item Unit Price Total
_____ ___________________________________ $ ________ $ ________ _____ ___________________________________ $ ________ $ ________ _____ ___________________________________ $ ________ $ ________ Total $________
Purpose
This section must be completed with respective price quote(s) included with form:
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Requested by
________________________ ________________________
Department Head IT Director
________________________ ________________________
Approval Date Approval Date
Information Technology Related – Purchase Form – Rev 5-2016 8/21/25
Xebec Data Corp 8075
P.O Box 862
Lafayette, CA 80026-0862
Kristin Zagray, President
[email protected]
303 368-1252
60 25,000
Monthly Subscription Fee
Per Document Fee

75.00 4,500
.99 25,000
29,500
Xebec transmits electronic bills from PG&E, EBMUD and ABAG into an importable format in the City's web-based Energy Manager database for weekly bill payments. See attached ECLynx Web-EDI Service Agreement. Xebec has been providing this data since the inception of this program on May 1, 2010.

______

717
ADA (American with Disabilities Act) Compliance
Access and Accommodation
Compliance with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973: In order to improve accessibility of existing technology and therefore increase the successful employment of individuals with disabilities, particularly blind and visually impaired, deaf and hard-of-hearing persons please answer the following questions:

Is this item ADA Compliant? Yes __________ No_________
If NO, please answer the following questions:

Will this item be used by the public? Yes ________ No _________ Can other vendors provide an ADA compliant product? Explain Will this item be used by City employees? Yes ________ No _________ Categories for Information Technology (IT) Product
x Software applications and operating systems
x Web-based information and applications
x Telecommunications products
x Video and multimedia products
x Desktop and portable computers
x End user hardware
Examples of Information Technology (IT) Products
x World Wide Web
x Scanners
x Printers
x Copiers
x PDAs
x Computers
x Computer Software
x Computer Operating Systems
x Phones
x Apps
x Information Kiosks
x ATMs
x Multimedia
x Videos
x Fax Machines
X
718
SCOPE OF WORK - Xebec EDI Services
City of Richmond Utility EDI Program:

Partners: Pacific Gas & Electric
Project Specs: The City of Richmond uses Xebec’s ECLynx Web EDI solution to receive EDI invoices from its Utility Vendors.

PG&E sends 810 EDI files to Xebec via the an EDI Network (VAN) each billing day.

Xebec keeps specific maps for each utility in the ECLynx system. We will also write a Custom Program to take the translated invoice data and create Richmond’s required Import File format for its Energy Manager – its Energy Management software.

ECLynx is an automated system that runs at specific intervals defined by our clients. We poll Richmond’s VAN mailbox each weekday.

When ECLynx runs it grabs all the bills received via the VAN from PG&E, translates them out of EDI format, runs the Custom Program to get the invoice data into the Energy Mgr required Import File layout. At the same time, it generates 997 Functional Acknowledgments that are sent back to PG&E, a Summary Report, Error Report, and PDF Bill Images (more details following). Next, ECLynx drops all the files to a Xebec maintained secure SFTP server.

The Summary Report simply reports the data processed during the session and includes each account # and its individual total due amount, and then total invoice counts and total dollar amounts for the run. The session data will be organized by Utility. See Appendix A for a sample.

The Error Report can include many different things but the most important category is one we call “Total Due Errors”. This is where the program has found the total line items in the invoice do not match the EDI TDS segment where the utility reports the amount due on the invoice. When a client sees this error and reports it to Xebec, we investigate it and usually find some problem with the Utility’s bill format or there is problem with the rate type or specific account. Other things Xebec clients like to have us include in this report are: Previous Balances, Credit Balances, Late Payment Fees, Rebill Bill indicators, etc. Usually, clients like to watch these items to be sure they are accurate and that they don’t double pay bills or pay late fees that are unwarranted. Since Richmond is using an Energy Mgmt Prgm, many of those types of notifications aren’t really important as it will use the program’s reporting to track and monitor for these types of things. See Appendix B for a sample.

PDF Bill Images are bill representations that look very similar to the paper bills you receive from the Utility. Our solution ALWAYS generates these bill images. Almost all utilities insist upon shutting off paper bills upon moving to EDI billing. This is the only way the customer will have a visual representation of the invoice. This service is inherent in our EDI solution. See Appendix D for a sample. 719
The file naming convention for these files is as follows but can be modified to accommodate specific requests from our customers.

1. Energy Mgr Import file: richmond20251001.txt
Format is: Richmondyyyymmdd.txt

2. The PDF bill images: 0669111500-20200927-00515419.htm The bill image file name is included within the import file so as to link this image to the imported bill record in AP or Energy Mgmt Program. The file naming format is theacct #, the process date, and a unique random #.

3. The Summary Report: Richmondsummaryreport20200927.txt Format is Richmondsummaryreport + yyyymmdd.txt

4. The Error Report (when generated): edierror20200927.txt Format is edierror + yyyymmdd.txt
Files are dropped to Xebec’s SFTP server. Once the session files are picked up, Richmond can import the bills directly into Energy Mgr. It can use the Summary Report to be sure the # of bills imported from the Import Files matches the Summary counts we report. It can also use the Error Report to determine if there are any line items it wants to investigate before processing invoices for payment. Energy Mgr is then used to be sure bills lie within normal parameters, investigate red flags (like new meter #s, accts #s, outliers), analyze the batch and then extract the bill data to an AP file layout.

Support and Xebec responsibilities: Xebec will manage all the contact with each of Richmond’s EDI partners on Richmond’s behalf. We work through the testing phase with the utility, provide them with EDI Ids and VAN info, and coordinate the switch from testing to production. Once in production, we will investigate any billing problems Richmond reports to us (from their Error Reports) or if any bills seem to be missing data in the Import File, etc. We will investigate the error to determine whether there is a problem with the ECLynx system, its maps or custom programs. Once satisfied the problem isn’t related to our system, Xebec will contact the Utility directly to troubleshoot possible problems in the Utility’s 810 format or data content. We cc:

Richmond on any problem investigation. Xebec offers normal support 8am-5pm MT to our phone lines. We also provide Richmond with an after-hours phone # in the case of any critical problem needing immediate attention.

Xebec handles all server maintenance on the hosted environment. Updates and improvements to the system are transparent to our customers. Should there be any required changes to your maps or custom programs due to utility changes, we work with the utility to understand new requirements, code and test needed changes, and implement them once we are satisfied the customer is ready. In 98% of EDI formatting changes, the customer is not even affected. Really the only time we’ve seen the need for the customer to be involved, is if the utility decides to change its acct # structure, and thus the acct #s sent in the 810 layouts. This is less an EDI change but more a data content problem that would have affected the customer had it still been receiving paper bills as well. Every now and again the utility will start sending a charge code it hadn’t used before and Xebec will contact the customer to see how it wants it classified and sent through to their Energy Mgmt Program. Sometimes this is obvious and again the customer is not involved, sometimes advice from customer and/or the Energy Mgmt Prgm is required.
720
We use IDrive to backup files on all our hosted servers. We also keep backups of those environments on local computers at our site. In the event that we could not use IDrive backups to fix a problematic server, daily batches can be run on our computers until such time as the production server could be recreated.

Cost/Fees
The total annual ηŽĨďŝůůƐĐĂůĐƵůĂƟŽŶ:
# of docs
Sept 2024 377
Oct 2024 380
Nov 2024 383
Dec 2024 351
Jan 2025 378
Feb 2025 377
Mar 2025 369
Apr 2025 389
May 2025 382
Jun 2025 354
July 2025 382
Aug 2025 343
TOTAL 4465
Rates:
$75/month subscription fee
$0.99/invoice fee

ƐƟŵĂƚĞĚŶŶƵĂůĐŽƐƚƐ͗
^ƵďƐĐƌŝƉƟŽŶ&ĞĞ- $75/month x 12 months $900
Per Document Fees - $.99 x 4465 docs $4.420
ŶŶƵĂů
ƐƟŵĂƚĞ͗ $5,320
You should pad your PO to maybe $6,000 ũƵƐƚŝŶĐĂƐĞǇŽƵƌƵƟůŝƟĞƐƐĞŶĚĂďƵŶĐŚŽĨƌĞďŝůůƐŽƌƚŚĞ ηŽĨĂĐĐƚƐŇƵĐƚƵĂƚĞƐƐůŝŐŚƚůǇ͘
721
Appendix A – Sample Summary Report
Please note these are examples as to format. The totals are not meant to be valid.

Transmission Session Summary Report
---------------------------------------
Process Date: 04/09/2009
Acct #: Bill Date: Due Date: Total:
04010022202 04/09/2009 04/27/2009 7.21
04029022201 04/09/2009 04/27/2009 105.65
04058452204 04/09/2009 04/27/2009 48.18
04058822208 04/09/2009 04/27/2009 99.29
04070452208 04/09/2009 04/27/2009 112.34
5 AEP Invoices for a Total Invoice Amount of $372.67
Acct #: Bill Date: Due Date: Total:
100032906099 04/09/2009 05/01/2009 528.44
1 Consumers Energy Invoices for a Total Invoice Amount of $528.44 Acct #: Bill Date: Due Date: Total:
0228793002 04/08/2009 04/22/2009 12.97
0480793002 04/08/2009 04/22/2009 24.49
1845792002 04/08/2009 04/22/2009 62.54
3 Georgia Power Invoices for a Total Invoice Amount of $100.00 Acct #: Bill Date: Due Date: Total:
2439875 04/08/2009 04/24/2009 262.40
1 Reliant Invoices for a Total Invoice Amount of $262.40 Organization: Total
10 Total Invoices for a Total Invoice Amount of $1263.51 722
Appendix B – Sample Error Report
Please note these are examples as to format. The account #s and figures are not meant to be valid.

Error Report
------------
Process Date: 04/09/2009 07:33:21

PROCESSING ERRORS
AIMCO-AEP Invoice #: 0402902220120090409
Previous Balance Amount of 69.35
Late Charge Amount of 1.19
AIMCO-AEP Invoice #: 0407045220820090409
Previous Balance Amount of 54.79
Late Charge Amount of 1.75
AIMCO-AEP Invoice #: 0409235220420090409
Previous Balance Amount of 47.53
Late Charge Amount of 1.54

WESTAR Account #: 0345506185
Credit Balance Amount of -17823.42
WESTAR Account #: 0751780180
Previous Balance Amount of 2963.64

723
Appendix D – Bill Image Example
724
I.T. – RELATED PURCHASES AUTHORIZATION
Form must be fully completed and signed prior to information technology related purchases Date ___________
Requested Vendor _______________________________________________ V# _____________ Vendor Address ________________________________________________________________ ________________________________________________________________ Contact Person ________________________________________________________________ Email Address ________________________________________________________________ Phone No ( ______ ) ____________________ Fax # __________________________ Quantity Item Unit Price Total
_____ ___________________________________ $ ________ $ ________ _____ ___________________________________ $ ________ $ ________ _____ ___________________________________ $ ________ $ ________ Total $________
Purpose
This section must be completed with respective price quote(s) included with form:
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Requested by
________________________ ________________________
Department Head IT Director
________________________ ________________________
Approval Date Approval Date
Information Technology Related – Purchase Form – Rev 5-2016 8/21/25
Xebec Data Corp 8075
P.O Box 862
Lafayette, CA 80026-0862
Kristin Zagray, President
[email protected]
303 368-1252
60 25,000
Monthly Subscription Fee
Per Document Fee

______

725
ADA (American with Disabilities Act) Compliance
Access and Accommodation
Compliance with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973: In order to improve accessibility of existing technology and therefore increase the successful employment of individuals with disabilities, particularly blind and visually impaired, deaf and hard-of-hearing persons please answer the following questions:

Is this item ADA Compliant? Yes __________ No_________
If NO, please answer the following questions:

Will this item be used by the public? Yes ________ No _________ Can other vendors provide an ADA compliant product? Explain Will this item be used by City employees? Yes ________ No _________ Categories for Information Technology (IT) Product
x Software applications and operating systems
x Web-based information and applications
x Telecommunications products
x Video and multimedia products
x Desktop and portable computers
x End user hardware
Examples of Information Technology (IT) Products
x World Wide Web
x Scanners
x Printers
x Copiers
x PDAs
x Computers
x Computer Software
x Computer Operating Systems
x Phones
x Apps
x Information Kiosks
x ATMs
x Multimedia
x Videos
x Fax Machines
X
726
SCOPE OF WORK - Xebec EDI Services
City of Richmond Utility EDI Program:

Partners: Pacific Gas & Electric
Project Specs: The City of Richmond uses Xebec’s ECLynx Web EDI solution to receive EDI invoices from its Utility Vendors.

PG&E sends 810 EDI files to Xebec via the an EDI Network (VAN) each billing day.

ECLynx is an automated system that runs at specific intervals defined by our clients. We poll Richmond’s VAN mailbox each weekday.

PDF Bill Images are bill representations that look very similar to the paper bills you receive from the Utility. Our solution ALWAYS generates these bill images. Almost all utilities insist upon shutting off paper bills upon moving to EDI billing. This is the only way the customer will have a visual representation of the invoice. This service is inherent in our EDI solution. See Appendix D for a sample. 727
The file naming convention for these files is as follows but can be modified to accommodate specific requests from our customers.

1. Energy Mgr Import file: richmond20251001.txt
Format is: Richmondyyyymmdd.txt

3. The Summary Report: Richmondsummaryreport20200927.txt Format is Richmondsummaryreport + yyyymmdd.txt

Xebec handles all server maintenance on the hosted environment. Updates and improvements to the system are transparent to our customers. Should there be any required changes to your maps or custom programs due to utility changes, we work with the utility to understand new requirements, code and test needed changes, and implement them once we are satisfied the customer is ready. In 98% of EDI formatting changes, the customer is not even affected. Really the only time we’ve seen the need for the customer to be involved, is if the utility decides to change its acct # structure, and thus the acct #s sent in the 810 layouts. This is less an EDI change but more a data content problem that would have affected the customer had it still been receiving paper bills as well. Every now and again the utility will start sending a charge code it hadn’t used before and Xebec will contact the customer to see how it wants it classified and sent through to their Energy Mgmt Program. Sometimes this is obvious and again the customer is not involved, sometimes advice from customer and/or the Energy Mgmt Prgm is required.
728
We use IDrive to backup files on all our hosted servers. We also keep backups of those environments on local computers at our site. In the event that we could not use IDrive backups to fix a problematic server, daily batches can be run on our computers until such time as the production server could be recreated.

ƐƟŵĂƚĞĚŶŶƵĂůĐŽƐƚƐ͗
^ƵďƐĐƌŝƉƟŽŶ&ĞĞ- $75/month x 12 months $900
Per Document Fees - $.99 x 4465 docs $4.420
ŶŶƵĂů
ƐƟŵĂƚĞ͗ $5,320
You should pad your PO to maybe $6,000 ũƵƐƚŝŶĐĂƐĞǇŽƵƌƵƟůŝƟĞƐƐĞŶĚĂďƵŶĐŚŽĨƌĞďŝůůƐŽƌƚŚĞ ηŽĨĂĐĐƚƐŇƵĐƚƵĂƚĞƐƐůŝŐŚƚůǇ͘
729
Appendix A – Sample Summary Report
Please note these are examples as to format. The totals are not meant to be valid.

Transmission Session Summary Report
---------------------------------------
Process Date: 04/09/2009
Acct #: Bill Date: Due Date: Total:
04010022202 04/09/2009 04/27/2009 7.21
04029022201 04/09/2009 04/27/2009 105.65
04058452204 04/09/2009 04/27/2009 48.18
04058822208 04/09/2009 04/27/2009 99.29
04070452208 04/09/2009 04/27/2009 112.34
5 AEP Invoices for a Total Invoice Amount of $372.67
Acct #: Bill Date: Due Date: Total:
100032906099 04/09/2009 05/01/2009 528.44
1 Consumers Energy Invoices for a Total Invoice Amount of $528.44 Acct #: Bill Date: Due Date: Total:
0228793002 04/08/2009 04/22/2009 12.97
0480793002 04/08/2009 04/22/2009 24.49
1845792002 04/08/2009 04/22/2009 62.54
3 Georgia Power Invoices for a Total Invoice Amount of $100.00 Acct #: Bill Date: Due Date: Total:
2439875 04/08/2009 04/24/2009 262.40
1 Reliant Invoices for a Total Invoice Amount of $262.40 Organization: Total
10 Total Invoices for a Total Invoice Amount of $1263.51 730
Appendix B – Sample Error Report
Please note these are examples as to format. The account #s and figures are not meant to be valid.

Error Report
------------
Process Date: 04/09/2009 07:33:21

WESTAR Account #: 0345506185
Credit Balance Amount of -17823.42
WESTAR Account #: 0751780180
Previous Balance Amount of 2963.64

731
Appendix D – Bill Image Example
732
Reso. No. XX-21

Page 1 of 3 ends

DocID #57008v1
RESOLUTION NO. __25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, TO AUTHORIZE A THREE-YEAR (3) SOLE SOURCE CONTRACT WITH TWO (2) OPTIONAL ONE-YEAR EXTENSIONS WITH XEBEC DATA

CORPORATION FOR CONVERSION OF ELECTRONIC DATA INTERCHANGE (EDI) SERVICES
WHEREAS, the Public Works Department requires the processing of electronic payments of the City’s utility bills; and
WHEREAS, in order to process these payments in an expeditious manner, this requires specialized software; and
WHEREAS, Xebec Data Corporation is the only data service firm that offers conversion of Electronic Data Interchange (EDI) services that allow the City to import Pacific Gas & Electric (PG&E) bills to an importable format for the City’s web-based Energy Manager Software System to process utility bills for electronic payment; and WHEREAS, the use of this information gives staff the tools necessary to operate their divisions more cost effectively as they can monitor the usage for PG&E; and WHEREAS, Xebec Data Corporation has been providing this service to the City of Richmond since 2010; and
WHEREAS, this software has operated effectively and efficiently since 2010; and WHEREAS, the Public Works Department proposes to enter into a three (3) year contract for a term of October 1, 2025 to October 31,2028 with Xebec Data Corporation in an amount not-to-exceed $30,000 with two (2) optional one-year extensions of up to $10,000 per year.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby authorizes to award of a sole source contract with Xebec Data Corporation, for a term of October 1, 2025, to October 31, 2028, in the amount not-to-exceed $30,000 with two (2) optional one-year extensions of up to $10,000 per year. **********************
733
Reso. No. XX-21

Page 2 of 3 ends

DocID #57008v1
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 [enter date], by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

EDUARDO MARTINEZ
Mayor
Approved as to form:

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

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX-XX, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on [enter date].

Pamela Christian, Clerk of the City of Richmond
734
DocID #57008v1
735

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Public Works Ana Crespin [email protected] (510) 307-8095 8075 Electronic Data Interchange (EDI) services to import Pacific Gas and Electric (PG&E) bills to our web-based Energy Manager database to process electronic payments. Xebec Data Corp P.O. Box 862 Lafayette, CA 80026-0862 Kristin Zagray (303) 368-1252 [email protected] October 1, 2025 October 31, 2028 30,000.00 736

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
Xebec Data Corp
737
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]:

Xebec Data Corp
Provide weekly Electronic Data Interchange (EDI) services that allows the City to import PG&E bills to our web-based Energy Manager database to process City bills for electronic payment.

Scope of Work - see next page
738
SCOPE OF WORK - Xebec EDI Services
City of Richmond Utility EDI Program:

Partners: Pacific Gas & Electric
Project Specs: The City of Richmond uses Xebec’s ECLynx Web EDI solution to receive EDI invoices from its Utility Vendors.

PG&E sends 810 EDI files to Xebec via the an EDI Network (VAN) each billing day.

ECLynx is an automated system that runs at specific intervals defined by our clients. We poll Richmond’s VAN mailbox each weekday.

PDF Bill Images are bill representations that look very similar to the paper bills you receive from the Utility. Our solution ALWAYS generates these bill images. Almost all utilities insist upon shutting off paper bills upon moving to EDI billing. This is the only way the customer will have a visual representation of the invoice. This service is inherent in our EDI solution. See Appendix D for a sample. 739
The file naming convention for these files is as follows but can be modified to accommodate specific requests from our customers.

1. Energy Mgr Import file: richmond20251001.txt
Format is: Richmondyyyymmdd.txt

3. The Summary Report: Richmondsummaryreport20200927.txt Format is Richmondsummaryreport + yyyymmdd.txt

Xebec handles all server maintenance on the hosted environment. Updates and improvements to the system are transparent to our customers. Should there be any required changes to your maps or custom programs due to utility changes, we work with the utility to understand new requirements, code and test needed changes, and implement them once we are satisfied the customer is ready. In 98% of EDI formatting changes, the customer is not even affected. Really the only time we’ve seen the need for the customer to be involved, is if the utility decides to change its acct # structure, and thus the acct #s sent in the 810 layouts. This is less an EDI change but more a data content problem that would have affected the customer had it still been receiving paper bills as well. Every now and again the utility will start sending a charge code it hadn’t used before and Xebec will contact the customer to see how it wants it classified and sent through to their Energy Mgmt Program. Sometimes this is obvious and again the customer is not involved, sometimes advice from customer and/or the Energy Mgmt Prgm is required.
740
We use IDrive to backup files on all our hosted servers. We also keep backups of those environments on local computers at our site. In the event that we could not use IDrive backups to fix a problematic server, daily batches can be run on our computers until such time as the production server could be recreated.

Cost/Fees
The total annual # of bills calculation:
# of docs
Sept 2024 377
Oct 2024 380
Nov 2024 383
Dec 2024 351
Jan 2025 378
Feb 2025 377
Mar 2025 369
Apr 2025 389
May 2025 382
Jun 2025 354
July 2025 382
Aug 2025 343
TOTAL 4465
Rates:
$75/month subscription fee
$0.99/invoice fee
Estimated Annual costs:

Subscription Fee - $75/month x 12 months $900
Per Document Fees - $.99 x 4465 docs $4.420
Annual Estimate: $5,320
You should pad your PO to maybe $6,000 just in case your utilities send a bunch of rebills or the # of accts fluctuates slightly.
741
Appendix A – Sample Summary Report
Please note these are examples as to format. The totals are not meant to be valid.

Transmission Session Summary Report
---------------------------------------
Process Date: 04/09/2009
Acct #: Bill Date: Due Date: Total:
04010022202 04/09/2009 04/27/2009 7.21
04029022201 04/09/2009 04/27/2009 105.65
04058452204 04/09/2009 04/27/2009 48.18
04058822208 04/09/2009 04/27/2009 99.29
04070452208 04/09/2009 04/27/2009 112.34
5 AEP Invoices for a Total Invoice Amount of $372.67
Acct #: Bill Date: Due Date: Total:
100032906099 04/09/2009 05/01/2009 528.44
1 Consumers Energy Invoices for a Total Invoice Amount of $528.44 Acct #: Bill Date: Due Date: Total:
0228793002 04/08/2009 04/22/2009 12.97
0480793002 04/08/2009 04/22/2009 24.49
1845792002 04/08/2009 04/22/2009 62.54
3 Georgia Power Invoices for a Total Invoice Amount of $100.00 Acct #: Bill Date: Due Date: Total:
2439875 04/08/2009 04/24/2009 262.40
1 Reliant Invoices for a Total Invoice Amount of $262.40 Organization: Total
10 Total Invoices for a Total Invoice Amount of $1263.51 742
Appendix B – Sample Error Report
Please note these are examples as to format. The account #s and figures are not meant to be valid.

Error Report
------------
Process Date: 04/09/2009 07:33:21

TDS OVERALL INVOICE TOTAL ERRORS
Error WESTAR Account #: 2105930090
TDS Amounts do not match
EDI Total: $31.48 ECLynx Total: $25.66
Error WESTAR Account #: 9470524090
TDS Amounts do not match
EDI Total: $345.79 ECLynx Total: $310.22
743
Appendix D – Bill Image Example
744
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.

Ana Crespin Ana Crespin Xebec Data Corp
745
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: ________________________________________________ Ana Crespin [email protected] Xebec Data Corp Xebec Data Corp P.O. Box 862 Lafayette, CA 80026-0862 [email protected] Kristin Zagray 746
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

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

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

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

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

8. PERMITS AND LICENSES:

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

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

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

10. CONFLICT OF INTEREST:

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

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

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

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Xebec Data Corp
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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 Xebec Data Corp
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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 Xebec Data Corp
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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, Xebec Data Corp
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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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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. Cyber Liability Insurance
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

General Liability
(primary and excess limits
combined)

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
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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.

Cyber Liability Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

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
Additional Insured Endorsement
(continued)
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.

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 760
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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.

1. 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.

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

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

Xebec Data Corp
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November 18, 2025
Public Works
DATE: November 18, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Wendy Wellbrock, PE, Senior Civil Engineer
Subject: Construction Agreements with Six On-Call General Contractors for Citywide Construction and Maintenance
Services
FINANCIAL IMPACT: The proposed cost for the on-call general contractor agreements will be funded through existing
appropriations within approved project budgets across
the City’s Capital Improvement Program and operating
divisions. Appropriations are included within the
approved Fiscal Year 2025-2026 budget and will be
budgeted accordingly in subsequent fiscal year budgets.

Approval of these agreements will not result in additional appropriation of funds. Each work authorization will be charged to the appropriate project or fund based on the nature of the work performed. The total amount of each
agreement will not exceed $1,500,000 over the threeyear term, with the option to extend for two additional one-year terms and up to $500,000 per year, subject to
the availability of funds and annual budget appropriation by the City Council.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City requires on-call general contractor services to perform a variety of construction, maintenance, and
AGENDA
REPORT
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November 18, 2025
repair projects across City facilities and infrastructure.

Approval of these agreements will provide the flexibility needed to respond quickly to scheduled work and
unforeseen repairs while maintaining compliance with
public contracting requirements.

RECOMMENDED ACTION: ADOPT a resolution APPROVE contracts with ATI Restoration, LLC, Bay Hawk, Inc., Marinship
Development Interest, LLC, SDM Construction, Surf to
Snow Environmental Resource Management, Inc., and
Yerba Buena Engineering and Construction, Inc., each in an amount not to exceed $1,500,000, over a three-year
term from November 19, 2025, through November 20,
2028; and AUTHORIZE the City Manager or their
designee to execute agreements with the option to
extend each agreement for up to two additional one-year terms, at $500,000 per year – Public Works Department
(Wendy Wellbrock 510-307-8108/Robert Armijo 510-620-
5477).

DISCUSSION:

The City requires reliable, flexible, and responsive contracting capacity to address immediate construction, operational and maintenance demands including but not limited to minor construction, plumbing, mechanical, electrical, carpentry, concrete and masonry, roofing, flooring, glazing, demolition, hazardous material abatement, emergency and non-emergency repair, and other related work.

On-call general contractor service agreements provide the City with a broad range of construction and repair services and allow the authorization of work across multiple trades and disciplines in an efficient and timely manner, allowing projects to proceed without delay due to lengthy procurement processes.

On May 16, 2025, staff issued a Request for Proposals (RFP) seeking qualified and licensed general contractors to provide on-call general construction services. In response to the RFP, staff received seven (7) proposals (Attachment 1). A panel of public works staff members evaluated the proposals based on responsiveness, experience, qualifications, references, and ability to provide a range of on-call construction services. The panel identified six (6) general contractors as the most qualified and best suited to meet the City’s needs (Attachment 2).

The six (6) general contractors recommended for approval at this time are:

1. ATI Restoration, LLC

2. Bay Hawk, Inc.

3. Marinship Development Interest, LLC

4. SDM Construction

5. Surf to Snow Environmental Resource Management, Inc.

6. Yerba Buena Engineering and Construction, Inc.
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These contracts will enhance the City’s capacity to respond quickly to facility and infrastructure needs, including emergency repairs, ADA improvements, safety upgrades, and routine capital maintenance. Public Works will manage the agreements to ensure adherence to City standards, budget limits, and bonding and insurance requirements (Attachments 3).

City staff recommends that the City Council adopt a resolution authorizing the City Manager or their designee to execute on-call general contractor agreements with ATI Restoration, LLC, Bay Hawk, Inc., Marinship Development Interest, LLC, SDM Construction, Surf to Snow Environmental Resource Management, Inc., and Yerba Buena Engineering and Construction, Inc., each in an amount not to exceed $1,500,000 over a three-year term from November 19, 2025, through November 20, 2028, with the option to extend each agreement for up to two additional one-year terms and $500,000 per year (Attachment 4).

DOCUMENTS ATTACHED:

Attachment 1 – Planet Bids – Bid Summary
Attachment 2 – On-Call General Contractor – Scoring Matrix Attachment 3a – Proposed Construction Agreement with ATI Restoration, LLC Attachment 3b – Proposed Construction Agreement with Bay Hawk, Inc.

Attachment 3c – Proposed Construction Agreement with Marinship Development Interest, LLC
Attachment 3d – Proposed Construction Agreement with SDM Construction Attachment 3e – Proposed Construction Agreement with Surf to Snow Environmental Resource Management, Inc.

Attachment 3f – Proposed Construction Agreement with Yerba Buena Engineering and Construction, Inc.

Attachment 4 – Resolution
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On-Call General Contractor - Rating Matrix
Firm Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4 TOTAL
ATI Restoration 67 73 84 78 302
Bay Area Tree Specialist 53 72 75 70 270
Bay Hawk 92 80 80 88 340
Marin Development 94 95 89 90 368
SDM Construction 72 79 72 82 305
Surf to Snow 92 90 86 88 356
Yerba Buena 98 94 93 93 378
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On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 1

CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of _________, 20__, by and between the City of Richmond, a municipal corporation and charter city (“City”) and ATI Restoration, LLC (“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 May 16, 2025, the City issued a Request for Proposals (RFP) seeking qualified contractors to provide On-Call General Contractor Services (“Project”) for various construction, repair, maintenance and/or emergency services on an as-needed basis. The scope of services includes, but is not limited to Minor Construction, Remodel, Plumbing, Mechanical, Electrical, HVAC, Concrete and Masonry, Carpentry, Roofing, Repair, Painting, Flooring, Glazing and Glasswork, Temporary Fencing, Door and Fencing Repair, Minor Demolition including Off Haul, Traffic Control, Grading and Earthwork, Debris Removal, Board-ups (large jobs), Tree Removal, Paving, Pumping, Damming, Dewatering, Flood Damage Restoration, Emergency and Non-Emergency Repair, Hazardous Material Abatement.

B. Contractor submitted responsive qualifications and has been selected as one of the qualified On-Call General Contractors.

C. City now desires to enter into an agreement with Contractor for On-Call General Contractor Services, for a not-to-exceed contract amount of $1,500,000 over a three (3)-year term with the option for two one-year extensions, each up to $500,000 per year, whereby specific projects will be authorized via individual Work Authorizations (WA), pursuant to the terms and conditions herein.

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 and Work Authorization.

All work under this Agreement shall be initiated by a Work Authorization (WA) issued by the City.

Each WA shall define the specific project scope, location, schedule and pricing for the services required (“Work”).

This Agreement, Request for Proposals (RFP) and Contractor’s Proposal attached as Exhibit A, the executed Work Authorization (WA) for the Work, the specific plans, specifications, and special provisions attached to the executed WA, along with any Requests for Information (RFI) and responses to RFI, and the following documents, 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 execution and completion of the Work as defined in each Work Authorization.

Section 1.3 Protection of Monuments and Existing Improvements.

Contractor shall carefully preserve all property monuments, benchmarks, control points, utilities, and adjacent improvements. Contractor shall not disturb or remove any such markers without written 774
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CONSTRUCTION AGREEMENT 2
consent of the City Engineer. If damaged, displaced, or destroyed due to Contractor’s operations, Contractor shall, at its sole cost, have them re-established by a California licensed Land Surveyor and repair any affected improvements to the City’s satisfaction.

Section 1.4 Payments.
(a) Contractor agrees to receive and accept the sums set forth in the executed Work Authorization and its supporting documentation, as full compensation for furnishing all materials and performing all the work contemplated and required by this Agreement and the associated Work Authorization. This compensation covers all loss or damage arising out of the nature of the undertaking of the construction of the Work, 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 Work 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 Work, and for well and faithfully performing the construction of the Work and the whole thereof, in the manner and according to the Contract Documents.
(b) Each Work Authorization may establish liquidated damages for late completion, assessed per calendar day, reflecting the City’s estimated costs and impacts due to delay.

Section 1.5 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 1.6 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, and Contractor shall be responsible to the City for the procurement and maintenance thereof. 775
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CONSTRUCTION AGREEMENT 3
(b) Stormwater Compliance. Contractor shall comply with all applicable stormwater, NPDES, and MS4 requirements, and implement BMPs in accordance with the City’s permits and Project Specifications (including any SWPPP/WPCP as applicable). (c) 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 Work approval and mitigation measures included in any adopted or certified environmental document prepared for the Work; 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. (d) 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(d) shall survive the termination of this Agreement.
(e) 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 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(e) shall survive the termination of this Agreement.

Section 1.7 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. In so doing, 776
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Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required for the Project with the required advance notice as defined in the Project Specifications.

Section 1.8 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 1.9 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 1.10 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) For any Work Authorization more than $25,000, Contractor shall provide a payment and performance bond for 100% of the Work Authorization price and shall be signed by both the surety company and the Contractor.
(c) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in this Agreement. Proof of insurance and bonding related to the construction of the Project 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. 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. 777
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(d) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in RFP 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 (c) above. (e) 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.
(f) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the RFP shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the RFP; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the RFP are sufficient to cover the obligations of the Contractor under this Agreement.
(g) Contractor shall maintain the insurance requirements set forth in the RFP for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the RFP, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.
(h) Warranty Bond. For any Work Authorization exceeding twenty-five thousand dollars ($25,000), Contractor shall furnish a Warranty Bond in the amount of ten percent (10%) of the final Work Authorization price, guaranteeing the Work against defective materials and workmanship for one (1) year following the City’s Final Acceptance. The bond shall be issued by a California-admitted surety, in a form acceptable to the City. The City may accept either a separate warranty bond or continuation of the performance bond through the warranty period.

Section 1.11 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 778
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CONSTRUCTION AGREEMENT 6
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 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 .
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(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
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.
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CONSTRUCTION AGREEMENT 8
Owner Contractor
_____________________________ ______________________________ Title Title
_____________________________ ______________________________ Name Name
_____________________________ ______________________________ Signature Signature
(c) Retention for a Work Authorization shall be released upon Final Acceptance provided the performance bond remains in effect through the warranty period or a warranty bond acceptable to the City has been furnished. Otherwise, the City may retain up to the warranty bond amount until the end of the warranty period.

Section 1.12 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 California Labor Code Section 1725.5 (Lab. Code §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 Labor Code Section 1725.5 (Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).

Section 1.13 Job Site Notices.

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

Section 1.14 Municipal Code Chapter 2.65 Requirements.

Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.

Section 1.15 Final Acceptance and Start of Warranty.
“Final Acceptance” means the date the City Engineer issues written notice that the Work has been completed in accordance with the Contract Documents. Unless otherwise stated, the warranty period commences on the date of Final Acceptance.

ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

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 781
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CONSTRUCTION AGREEMENT 9
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 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.
(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 782
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CONSTRUCTION AGREEMENT 10
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;

2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered. For any change to the scope of work that results in a Change Order, the Contractor and all lower-tier Subcontractors shall be entitled to a cumulative markup on the cost of the work for that change, which shall not exceed a total of twenty percent (20%). This markup shall cover all direct and indirect costs associated with the change, including but not limited to labor, materials, equipment, subcontractor overhead, and profit. The Contractor shall provide a detailed breakdown of all costs and markups included in the Change Order. For any deductive change orders, the same twenty percent (20%) markup percentage shall be applied to the cost reduction; 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. 783
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(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 Public Works Director or their designee may approve Change Orders with a cumulative value up to ten percent (10%) of the value of the individual Work Authorization, rather than the master contract value.

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. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City.
(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 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. 784
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(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 (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.

2. If Contractor disputes City’s written response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

3. Within ten (10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City will provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty (60) days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator, and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to Section 3.3(f) of this Agreement.

4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or to otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failure to have responded to a claim, or its failure to otherwise comply with the time requirements of Section 9204 of the Public Contract Code, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant filing the Claim.

5. 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.
(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) 785
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CONSTRUCTION AGREEMENT 13
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.

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, “Actions”), 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 Actions 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 Actions 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 Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions 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. (c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the RFP.

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

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement. 786
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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 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: Wendy Wellbrock
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.

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.
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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 ForceMajeure 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.

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. 788
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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: __________________________________
CONTRACTOR:

ATI Restoration, LLC
By: _________________________________
Name: _________________________________
Its: _________________________________
789

EXHIBIT A

PROPOSAL
790
Proposal Point of Contact:

Lori Nelson, Proposal Specialist
C: 714-462-0493
E: [email protected]
ATI Restoration, San Francisco Regional Office
25000 Industrial Blvd., Hayward CA 94545
O: 510-429-5000; F: 510-429-5010
Proposal
In Response to the Request for Proposals for
On-Call General Contractor Services
City of Richmond, California
June 5, 2025
791
ATI Restoration, LLC response to:

City of Richmond ***LIMITED RIGHTS DATA*** Page 2 of 31 Table of Contents
A. Cover Letter..............................................................................................................................................3 B. Organization, Related Experience and Qualifications ..............................................................................5 Organization Information .....................................................................................................................5 Reputation, Service Capabilities and Quality of Work..........................................................................7 Experience with Public Agencies.........................................................................................................10 Key Personnel......................................................................................................................................10 Self-Performing Capabilities................................................................................................................12 Single Trade Coordination Project Examples......................................................................................13 Subcontractors....................................................................................................................................14 Experience Managing Contracts with Municipalities..........................................................................14 Contract Disqualification History ........................................................................................................15 C. Project Examples and Client References ................................................................................................15 D. Proposed Approach and Methodology ..................................................................................................16 Bidding ................................................................................................................................................16 Subcontractor Vetting.........................................................................................................................17 Quality Control....................................................................................................................................18 Project Scheduling ..............................................................................................................................18 Safety Program....................................................................................................................................19 Appendix .....................................................................................................................................................21 Resumes..................................................................................................................................................22 Required Forms.......................................................................................................................................29 Attachment C - Sanctuary City Compliance Statement......................................................................29 Attachment F - Disclosure Statement for LLC.....................................................................................30 792
June 5th, 2025
City of Richmond, Public Works Department
RE: RFP for On-Call General Contractor Services
Dear Ms. Wellbrock,
On behalf of ATI Restoration, LLC (ATI) I am pleased to submit our proposal for the On-Call General Contractor Services as outlined in the City of Richmond’s Request for Proposals (RFP). We appreciate the opportunity to partner with the City on this essential initiative and believe our proven capabilities and commitment to excellence make us a strong candidate for this contract.

Contact and License Information
Legal Name: ATI Restoration, LLC
Mailing Address: ATI San Francisco Regional Office: 25000 Industrial Blvd., Hayward CA 94545 Local Office: 510-429-5000; Toll Free 24/7/365: 800-400-9353 Primary Contact Person: Bradley Lay, Regional Manager, San Francisco Office Ph: 510-429-5000; M: 510-393-4027; E: [email protected] ATI CSLB # 1075543; expiration 5/31/2027
ATI DIR # PW-LR-1000750223; expiration 6/30/2026
Summary of Qualifications and Capabilities
Established in 1989, ATI is proud to be the largest family-operated provider of restoration and remediation services in the nation. Over the years, we have grown to more than 60 offices nationwide, including 3 offices in the Bay Area. Our San Francisco office, located in Hayward, will serve as the primary location supporting the City of Richmond. This regional office has a staff size of 60 full time professionals and is equipped with the tools, equipment, and materials to ensure responsive and highquality service delivery.

Our proposal highlights our expertise in performing a wide range of services including providing on-call 24/7/365 emergency response services. We are experienced in providing construction, carpentry, repair work, painting, demolition, debris removal, board-ups, pumping, damming, dewatering, flood damage restoration, and hazardous material abatement. We also offer additional services that the City will benefit from such as fire, smoke, and soot damage restoration, mold remediation, biohazard and decontamination, asbestos and lead abatement, contents pack-out & cleaning, document & electronics/machinery restoration, emergency power supply, environmental containment/negative air 793
systems, HVAC systems & duct cleaning, ICRA/PCRA construction/isolation barriers, national catastrophe response, trauma scene clean-up, and encampment abatement.

We take pride in our ability to self-perform the work we undertake, enabling us to maintain project consistency, efficiency, and quality control. We want to highlight that no subcontractors will be used for the specific services we have chosen to offer under this contract. Our dedicated team of skilled professionals is well-prepared and equipped to handle these selected services with expertise and care.

Key elements of our qualifications include the following:

A seasoned team of professionals with extensive experience in municipal and government projects similar in scope and complexity to those outlined in the RFP.

A robust capability to self-perform tasks, enabling streamlined project management and quality assurance at every stage.

A proven track record of delivering projects on time, within budget, and to the satisfaction of our clients, as affirmed by verifiable references.

Comprehensive safety and quality control programs to meet or exceed project requirements under the City’s standards.

Terms and Conditions
We acknowledge and fully understand all elements of the RFP. Our proposal complies with the City’s requirements, and we are prepared to perform under the City’s standard contract terms without exceptions or modifications.

Commitment to Ordinances
ATI fully supports compliance with the City of Richmond's ordinances, including the Nondiscrimination Clauses in City Contracts, Business Opportunity Ordinance, Local Employment Program Ordinance, Living Wage Ordinance, and the "Ban the Box" policy. We have made good faith efforts to uphold these standards by fostering an inclusive workplace, supporting local employment, ensuring fair wages, and removing barriers for individuals with prior convictions, aligning with all applicable provisions of the Richmond Municipal Code.

ATI is committed to providing reliable, responsive, and high-quality services to the City of Richmond.

We are enthusiastic about contributing to the City’s continued development and ensuring the successful delivery of all assigned projects under this contract.

Thank you for your time and consideration. We look forward to the possibility of collaborating with your team and supporting the City of Richmond’s needs.

Sincerely,
Brad Lay, Regional Manager – San Francisco
794
ATI Restoration, LLC response to:

City of Richmond ***LIMITED RIGHTS DATA*** Page 5 of 31 B. Organization, Related Experience and
Qualifications
Organization Information
Company Establishment and Form of Entity
ATI Restoration, LLC (ATI) brings over 35 years of experience and a steadfast commitment to excellence in restoration services. Gary Moore founded the company in 1989 with a single location in California under our original name, American Technologies, Inc. In 2020, we changed our name to ATI Restoration, LLC and converted to a limited liability company. Since that time ATI has expanded to over 70 locations nationwide.

Local Resources
ATI’s San Francisco Regional Office, established in 1999, is located at 25000 Industrial Blvd., Hayward, CA 94545. Spanning an impressive 68,000 square feet, this facility houses a fullystocked warehouse equipped with tools and materials, along with a dedicated fleet of vehicles to ensure preparedness for projects of any scale. It is staffed by 60 full-time team members, including Project Directors, Project Managers, skilled technicians, warehouse personnel, administrative staff, and a Regional Manager, all committed to delivering exceptional support and services.

Empowered Leadership and Comprehensive Oversight
Each assigned Project Director is entrusted with the authority and resources necessary to take decisive actions and ensure the successful completion of assigned projects. They are responsible for overseeing all aspects of the job, including planning, coordination, problemsolving, and delivering results that meet or exceed expectations. Oversight is handled by the San Francisco Regional Manager, Brad Lay, with additional support from ATI’s West Divisional President, Matt Galyon, ensuring strong leadership and sound decision-making throughout the process.

Ensuring Adequate, Qualified, and Available Personnel
To ensure every project runs smoothly, we assign staff who are both experienced and certified in providing the required scope of services. Our field personnel are available 24/7, ready to respond whenever needed. Equipped with company-issued cell phones, they remain connected and responsive at all times, ensuring our teams can act decisively and deliver exceptional results around the clock.
795
ATI Restoration, LLC response to:

City of Richmond ***LIMITED RIGHTS DATA*** Page 6 of 31 Seamless Communication and Proactive Support
At the start of every project, we provide a Welcome Letter that includes the contact information for the assigned Project Director, Project Manager, and Regional Manager. This ensures seamless communication and support throughout the project lifecycle. Our teams are fully engaged, equipped to make on-the-spot decisions, and available to connect with you daily.

Weekly operational meetings with Regional leadership help us maintain alignment, promptly address updates, and respond effectively to any challenges that may arise.

Centralized Headquarters
ATI’s headquarters, located in Anaheim, California, serve as the support hub for all 70+ ATI locations nationwide. This central office houses a range of specialized departments, including the Environmental Health & Safety (EHS) team, a dedicated Human Resources department, an expansive training center, a 24/7/365 Customer Contact Center, the National Response Services team, ATI’s executive leadership team, among others. As the core of ATI’s operations, the headquarters streamline processes, ensure regulatory compliance, and uphold consistent service standards across the organization.

Customer Care Center
Our Customer Care Center operates as the heart of our emergency services, ensuring we are prepared to respond 24/7/365 to support our customers. Staffed with skilled and knowledgeable professionals, the team promptly handles emergency calls and service requests, gathers essential project and loss details, and coordinates with the appropriate ATI office to dispatch on-call personnel. Empowered to act proactively, this dedicated team is committed to addressing customer needs efficiently and doing what is best for every situation.

National Response Services (NRS) Team
ATI’s NRS team complements our local resources by responding to major catastrophes with unmatched efficiency. This specialized team is available 24/7/365, to provide support in any region across the continental U.S. Equipped with multiple 40-foot emergency response trailers preloaded with necessary supplies, the team ensures swift mobilization to aid recovery efforts wherever they are needed. The team consists of highly skilled ATI employees, including technicians, supervisors, project managers, laborers, administrative staff, and executive leaders such as a President or Executive Vice President, who oversee and guide the projects to successful completion.

Environmental Health & Safety (EHS) Team
ATI ensures compliance with all relevant local, state, and federal regulations, including those from the EPA, and OSHA, through our dedicated, in-house, Environmental Health & Safety (EHS) Team. Led by Director Shannon Thurgood, our EHS Department is composed of full-time safety 796
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City of Richmond ***LIMITED RIGHTS DATA*** Page 7 of 31 professionals responsible for developing, implementing, and enforcing ATI's comprehensive safety program. This program focuses on management leadership, worker participation, hazard identification, hazard prevention, control, and continuous education and training. The EHS team regularly monitors and updates safety regulations, revising our Standard Operating Procedures (SOPs) as needed, to stay in line with regulatory changes. Ongoing audits, education, and training ensure that ATI management and employees are always informed of new regulations. A key differentiator for ATI is that all employees obtain their OSHA 10 or 30- hour certification, reinforcing our commitment to safety and regulatory compliance.

Reputation, Service Capabilities and Quality of Work
Reputation
ATI is a nationally recognized company with a strong reputation for delivering environmental remediation and reconstruction services since our establishment in 1989. Each year, we complete thousands of projects across the United States, addressing both emergency and nonemergency needs with dependable, high-quality solutions. This dedication is especially apparent in California, where over the last five years, we’ve successfully executed more than 53,000 projects. These include 13,000 construction service jobs and 19,000 emergency service projects. Many of our clients have built long-standing relationships with ATI, repeatedly turning to us over the years whenever the need arises. This ongoing trust underscores the confidence we’ve earned by consistently delivering exceptional results.

Jeff Moore, ATI’s President and Chief Acquisitions Officer, exemplifies leadership within both the company and the restoration industry. Currently serving as President-Elect of the Restoration Industry Association (RIA), Jeff plays a pivotal role in advancing the industry's standards and growth. Through his dedicated volunteer efforts, thought leadership, and regular contributions to trade publications and panels, he reinforces ATI's reputation as a trusted leader and innovator in environmental remediation and reconstruction services.

ATI’s commitment to innovation and service excellence has earned us several prestigious awards, such as the RIA Phoenix Awards for Innovation in both Restoration and Reconstruction and the Patricia L. Harman Golden Quill Award from C&R Magazine. Additionally, we’ve been ranked consistently by Engineering News-Record (ENR) across categories like Top 20 Firms in Abatement/Environmental, Top 200 Environmental Firms, and Top 600 Specialty Contractors from 2020 to 2024.

Annually, ATI manages more than $600 million in services nationwide. Our ability to handle complex, large-scale projects with precision and an unwavering focus on quality highlights our industry leadership and commitment to exceeding client expectations. 797
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City of Richmond ***LIMITED RIGHTS DATA*** Page 8 of 31 Service Capabilities
ATI’s core service offerings that align with the City’s Scope of Work include minor construction, carpentry, repair work, painting, minor demolition, debris removal, board-ups, pumping, damming, dewatering, flood damage restoration, emergency and non-emergency repairs, and hazardous material abatement. These essential services are delivered by ATI’s team of skilled and certified professionals who are equipped to handle the specific needs of each project with precision and care.

Additionally, ATI provides a comprehensive range of specialized services that extend beyond the listed scope of work. These include fire, smoke, and soot damage restoration; mold remediation; biohazard decontamination; asbestos and lead abatement; contents pack-out and cleaning; document and electronics/machinery restoration; emergency power supply; environmental containment/negative air systems; HVAC systems and duct cleaning; ICRA/PCRA construction/isolation barriers; national catastrophe response; trauma scene cleanup; and encampment abatement. This broad service portfolio ensures that we can address an extensive variety of needs for our clients.

ATI and our personnel have the licenses, registrations, and certifications required to perform restoration, environmental remediation, and reconstruction services. The following list provides the relevant California and National certifications to perform the scope of work for the City:
 Secretary of State Certificate of Status (California certificate # 065698128)  Contractors State License Board (CSLB) License #1075542 includes:
− ASB – Asbestos
− B – Building Contractor
− HAZ – Hazardous Substances Removal
− C47 – Manufactured Housing
− C-2 – Insulation and Acoustical
− C22 – Asbestos Abatement
− C33 – Painting and Decorating
− C-6 – Cabinet, Millwork, and Finish Carpentry
− C21 – Building Moving, Demolition
− C39 – Roofing
− C15 – Flooring and Floor Covering
 Department of Industrial Relations (DIR) Public Works Contractor, California State (Registration # PW-LR-1000750223)
 Certificate of Registration for Asbestos-related Work, Division of Occupational Safety and Health (DOSH) (Registration # 213)
 Non-expiring Motor Carrier Permit – California State Transportation Agency (CA #0113168)
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City of Richmond ***LIMITED RIGHTS DATA*** Page 9 of 31  Hazardous Materials Transportation License – California Highway Patrol (license # 253240)  IICRC Certified Firm, All ATI offices including San Francisco Quality of Work
At the heart of ATI's reputation is the exceptional quality of our work. Our team comprises seasoned professionals with extensive experience across municipal, government, and private sector projects. We prioritize rigorous training, strict safety protocols, and adherence to industry standards to ensure every project is completed safely, efficiently, and to the highest standards of excellence.

A core element of our approach is following the guidelines set by the IICRC. Our local San Francisco staff hold key certifications, such as IICRC Water Damage Restoration Technician, AHERA (Asbestos Hazard Emergency Response Act) certifications, and EPA Lead Abatement certifications.

We require all employees to obtain OSHA 10-hour or 30-hour certifications, reinforcing our culture of safety and expertise. Our standard operating procedures (SOPs) incorporate industry experts, local and governmental environmental agency guidelines to ensure that every project aligns with our commitment to effective solutions, technical excellence, and operational integrity.

Clients rely on ATI not only for our deep technical expertise but also for our responsiveness and customer-first mindset. We maintain clear and open communication, with teams readily available for daily updates and consistent contact throughout the project. Through weekly operational meetings and strong collaboration with leadership, we effectively manage updates, tackle challenges, and respond to client needs in real time.

ATI’s processes and procedures are designed entirely around the needs of our clients, from the first call to project completion. Our customer-focused model is built on four pillars:
 Hiring the right people to drive service excellence.
 Providing robust training and ongoing development to enhance skills.  Delivering comprehensive support systems to empower teams.  Retaining top talent to maintain the quality and consistency of our services.

We take pride in offering high-touch communication during every phase of a project, and we distribute client satisfaction surveys upon completion to ensure we meet or exceed expectations. This unwavering dedication to quality and client satisfaction defines who we are and reinforces why ATI remains a trusted leader in the industry. 799
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City of Richmond ***LIMITED RIGHTS DATA*** Page 10 of 31 Experience with Public Agencies
ATI's personnel at the San Francisco office brings extensive, long-standing experience in providing construction and repair services, including emergency and non-emergency solutions, to municipalities, state and local government entities, and schools. The following examples are a testament to ATI's ability to meet the needs of like-sized public agencies with precision, reliability, and an unwavering commitment to quality.
 Martinez Unified School District (Morello Park Elementary), (2020) - ATI provided emergency response services due to water damage from a failed water heater.  City and County of San Francisco (SF Court House), (2022) – ATI provided emergency response services following a carpet sewage spill caused by plumbing maintenance.  Department of Public Works - San Francisco (Hall of Justice), (2022) – ATI provided asbestos abatement for the roof of a former helipad to ensure environmental safety compliance.
 UC Berkley – Simpson Center (2022) – ATI provided emergency response services when a fire sprinkler activated in the basement area. We followed with repairs and restoration of the entire space.
 Diablo Valley College, Life Health & Science Building (2023) – ATI provided emergency response and reconstruction services due following significant water damage from a water heater failure.

This list provides just a brief snapshot of ATI’s extensive capabilities and accomplishments, underscoring their ability to deliver tailored, high-quality solutions to public entities across a wide range of scenarios, from emergency responses to planned projects.

Key Personnel
Each ATI regional office is comprised of certified technicians, supervisors, project managers, project directors, and a regional manager, with oversight from our strategic management team.

ATI managers are experienced in providing clients with project development, resolving technical issues, and recommending services to help clients effectively recover from property damage. Our industry experts have obtained all applicable certifications and have decades of experience. With our documentation protocols, training program, and EHS Department, we ensure all deployed staff are qualified to perform their assigned tasks.

The following individuals will serve as our core project team. Resumes include core responsibilities and are included in the appendix section of this proposal.

Matt Galyon, President – West Division
Matt serves as President of the West Division at ATI, where he ensures clients receive seamless and comprehensive remediation, restoration, and reconstruction services. He leads regional teams with a client-first approach, prioritizing rapid response and effective solutions tailored to meet each client’s unique needs.
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City of Richmond ***LIMITED RIGHTS DATA*** Page 11 of 31 With extensive leadership experience at ATI, including roles as Regional Vice President and Regional Director, Matt has a proven track record of enhancing service delivery and driving operational excellence. Prior to ATI, he managed operations across 14 offices in 7 states at a major competitor, sharpening his expertise in managing large-scale projects and client-focused initiatives. Matt’s dedication to ensuring client satisfaction and delivering exceptional outcomes positions him as a trusted leader in the disaster recovery industry.

Brad Lay, Regional Manager – San Francisco
Brad Lay is an accomplished leader with over 20 years of experience in operations, team development, and strategic planning within the construction and restoration industries. As Regional Manager of ATI Restoration’s San Francisco office, he oversees multimillion-dollar projects, driving operational efficiency and ensuring client satisfaction while fostering highperforming teams with a results-driven approach.

Richie Barraza, Executive Project Director
Richie Barraza is a seasoned Executive Project Director at ATI with over 16 years of experience in construction, restoration, and environmental services. Rising through the ranks from Technician to executive roles, Richie's career is marked by his expertise in managing complex projects and delivering exceptional results for public and private sector clients.

Since joining ATI in 2022, Richie has served as the Project Director over 560 projects, including 160 for public entities, covering asbestos abatement, biohazard remediation, demolition, and emergency response services. He is particularly skilled in leading multi-phase fire restoration efforts, orchestrating intricate construction projects, and ensuring regulatory compliance. His hands-on approach and collaboration with diverse stakeholders have consistently driven successful outcomes.

Richie holds certifications in asbestos and lead abatement, water damage, and OSHA 30, underscoring his commitment to safety and industry standards. His adaptable leadership style, technical acumen, and client-centered solutions make him a trusted leader dedicated to operational excellence and delivering unparalleled service quality.

Anh Reid, Construction Project Manager, Site Superintendent Anh Reid is a skilled Construction Project Manager and Site Superintendent at ATI, focusing on on-call emergency and non-emergency repair, restoration, and reconstruction projects. Since joining ATI in 2021, she has completed over 160 projects, demonstrating her ability to manage diverse scopes of work while meeting regulatory requirements. 801

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City of Richmond ***LIMITED RIGHTS DATA*** Page 12 of 31 Known for her strengths in budgeting, scheduling, and addressing complex project challenges under tight timelines, Anh brings a reliable and adaptable approach to each project. Certified in Lean Six Sigma and PMP, she is dedicated to delivering efficient, precise, and client-centered solutions. She consistently delivers positive outcomes and customized solutions that meet the unique needs of diverse clients.

Jean Nadolne, Account Manager/Business Development Manager Jean Nadolne is a committed Account Manager with extensive experience driving success for public sector clients. With a proven track record in business development and contract management, she consistently delivers growth and aligns organizational goals with client priorities. Known for her strategic mindset and unwavering dedication to excellence, Jean ensures effective execution and measurable outcomes, making her a trusted partner in achieving project success.

Self-Performing Capabilities
The following table shows work that ATI routinely self-performs.

Scope Items Additional Services (not mentioned in Scope)  Minor construction
 Carpentry
 Repair work
 Painting
 Minor demolition
 Debris removal
 Board-ups
 Pumping, damming, dewatering
 Flood damage restoration
 Emergency and non-emergency
repair
 Hazardous material abatement
 Fire, smoke, and soot damage restoration
 Mold remediation
 Biohazard decontamination
 Asbestos and lead abatement
 Contents pack-out & cleaning
 Document & electronics/machinery
restoration
 Emergency power supply
 Environmental containment/negative air
systems
 HVAC systems and duct cleaning
 ICRA/PCRA construction/isolation barriers
 National catastrophe response
 Trauma scene clean-up
 Encampment abatement
Self-Performing Project Examples
 2023 - UCSF Embarcadero in San Francisco had a water leak causing wide-spread damage. ATI performed water extraction, dry-out procedures, selective demolition, debris removal, followed by repairs to the walls and painting. Combined value of the emergency services and reconstruction job - $40K.
 2024 – Contra Costa County – Martinez City – homeless encampment clean-up for multiple sites. ATI performed general debris removal, biohazardous material removal 802

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City of Richmond ***LIMITED RIGHTS DATA*** Page 13 of 31 and clean-up/restoration. Combined value of emergency services debris removal and biohazard removal - $30K.
 2025 – UC Berkley Hargrove Music Library – water damages to multiple rooms required extraction, dry-out, minor demolition; followed by reconstruction and repair including walls, carpet, paneling, flooring, trim work, carpentry, painting. Combined total for emergency services and reconstruction - $40K
Single Trade Coordination Project Examples
Client Name UC Berkley
Project
Name
2400100979 | UCB Birge Hall- 5th Floor and
2400101136 | UCB Birge Hall
Location 100 South Dr, Berkeley, Ca 94720
Scope Emergency services due to roof leak, followed by restoration/reconstruction.

ATI personnel extracted water, performed selective demolition of wet materials of the wall and ceiling tile/plaster, base, completed all dry-out procedures. We then repaired all walls/ceiling/flooring areas, cleaned, primed and painted.

Budget $20K
Schedule 1/17/2024 to 1/25/2024
Client Name San Leandro Unified S.D.

Project
Name
2500147241 | Bancroft MS- EHM and
2500147462 | Bancroft MS- STR
Location 1150 Bancroft Ave., San Leandro, CA 94577
Scope Rain intrusion caused mold growth in the school’s library. ATI personnel performed microbial abatement that included building a containment with negative air, removed impacted wall and base boards materials. This was followed by repair work including drywall installation, primer and painting.

Budget $15K
Schedule 1/9/2025 to 1/30/2025
Client Name Walnut Creek School District
Project
Name
DH2-33-05568 | Tice Creek School Rm 111 and
DH2-37-07321 | Tice Creek School Rm 111
Location 1847 Newell Ave, Walnut Creek, CA 94595
Scope ATI provided emergency response services when the fire sprinklers leaked water in several rooms. Water mitigation was performed including removal of wet materials, walls, floor boards, contents, etc., followed by dry-out 803

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City of Richmond ***LIMITED RIGHTS DATA*** Page 14 of 31 procedures including containments with negative air. Water mitigation was followed by repair work and reconstruction of walls, floor boards, primer and paint and cleaning.

Budget $38K
Schedule 4/16/2021 to 5/31/2021
Subcontractors
ATI will self-perform from our core services portfolio for the scope items identified in this proposal. When an occasion arises where we may need to subcontract an element of a project, then we will make selection of a subcontractor from our extensive list of pre-vetted subcontractors.

Quality for every chosen subcontractor is determined through a comprehensive process of vetting including license check, insurance and bonding checks, background checks, and is strengthened via a subcontractor contract.

Experience Managing Contracts with Municipalities
ATI has significant experience handling a variety of administrative and operational tasks involved in contract management for public entities. Over the years, we’ve had the opportunity to work alongside local, state, and federal agencies, tailoring our efforts to meet their unique needs. Our expertise includes scheduling, billing, accounting, change management, and compliance with requirements, all within budgets and timelines.

We have dedicated administrative personnel who oversee each contract we enter into, ensuring that every project is managed with precision and accountability. These team members are responsible for monitoring compliance, managing deadlines, and maintaining open communication with clients throughout the duration of the contract. Their deep understanding of contract administration ensures that all operational tasks are executed seamlessly and efficiently.

Additionally, ATI utilizes a comprehensive document repository that serves as a centralized resource to help us meet and maintain compliance with each client’s specific requirements.

This system enables us to track and access all project-related documents, including regulatory standards, client guidelines, and internal records. By leveraging this repository, our teams can quickly verify compliance, manage changes effectively, and uphold the highest standards of service delivery. Examples of multi-year contracts we’ve managed include:
 City of Santa Barbara – Emergency Response, Mitigation, Repair, Remediation, & Restoration Services – contract period 5-yrs ending on 6/30/2029 804

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City of Richmond ***LIMITED RIGHTS DATA*** Page 15 of 31  Contra Costa County – On-Call Restoration Services – contract effective 9/1/2021 to 8/31/2025
 County of Orange, OC Public Works – Sanitation, Remediation, Removal, & Decontamination Services – contract effective March 2021 to March 2026  Superior Court of California, Orange County - Emergency Remediation Services Agreement – contract effective July 2024 – July 2029
 City of Burbank Public Works - Asbestos and Lead-Based Paint Abatement Services – Contract term April 2024 – March 2026
This combination of experienced personnel, tailored administrative practices, and a reliable compliance framework allows ATI to offer dependable and efficient solutions across a wide range of client needs, including municipalities, government entities, and other sectors.

Contract Disqualification History
ATI has no instances to report of being disqualified, removed, or completing a contract in the last 5 years.

C. Project Examples and Client References
Project Example #1
Company Name UC Berkley
Contact Person Makoto (Mako) Ushihara, Executive Director, Housing Facilities Phone Number (510) 642-0582
Email Address [email protected]
Project Name 2400101136 | UCB Birge Hall
ATI’s Project Manager PD Richie Barraza and PM Billy Guzman Initial Contract Value $19,379.21
Final Construction Cost $19,379.21
Scheduled Completion Date 2/1/2024
Actual Completion Date 2/1/2024
Location 100 South Dr, Berkeley, Ca 94720
Description and Scope ATI provided emergency response and restoration to due water damages. ATI has performed numerous services to the UC system for many years and continues today.

Project Example #2
Company Name Diablo Valley College
Contact Person James Buchanan, Director of Maintenance and Operations Phone Number (925) 969-4275
Email Address [email protected]
Project Name 2400140841 | DVC Diablo Valley College
ATI’s Project Manager PD Richie Barraza and PM Billy Guzman 805

ATI Restoration, LLC response to:

City of Richmond ***LIMITED RIGHTS DATA*** Page 16 of 31 Initial Contract Value $488,666.62
Final Construction Cost $488,666.62
Scheduled Completion Date 5/30/2025
Actual Completion Date 5/30/2025
Location 321 Golf Club Rd., Pleasant Hill, CA 94523
Description and Scope Emergency services and restoration due to fire and water damages.

ATI has provided services for multiple events throughout the years for Diablo Valley College
Project Example #3
Company Name Tiburcio Vasquez Health Center
Contact Person Monica Salgado, Sr. Executive Director of Facilities Phone Number Phone: (510) 471-5907 ext.: 3321
Direct Line: (510)690-6052
Email Address [email protected]
Project Name 2400144154 | Tiburcio Vasquez HC
ATI’s Project Manager PD: Richie Barraza and PM Viyo Kham Initial Contract Value $236,728.05
Final Construction Cost $236,728.05
Scheduled Completion Date May 2025
Actual Completion Date May 2025
Location 1260 B St. Suite 125, Hayward, CA 94541
Description and Scope Emergency response due to water damages from a pipe leak. ATI performed water remediation and repairs.

D. Proposed Approach and Methodology
Bidding
ATI takes a rigorous and transparent approach to ensure competitive and fair pricing for all services. Leveraging our in-house expertise and state-of-the-art tools, we streamline the bidding process while maintaining alignment with market standards and client expectations.

ATI’s Centralized Estimating Team oversees our pricing process, ensuring accuracy and alignment with market standards. The team works closely with our Project Directors, who also use advanced tools like Xactimate, Docusketch, and Matterport to incorporate real-time data on labor, materials, equipment, and project specifics. This collaboration ensures that pricing reflects up-to-date market conditions. Additionally, the team conducts thorough reviews, crossreferencing cost data with historical benchmarks and regional trends to guarantee competitive and fair rates.
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City of Richmond ***LIMITED RIGHTS DATA*** Page 17 of 31 Our commitment to transparency ensures clients receive clear, detailed estimates outlining every aspect of the project. This methodology instills confidence in both the accuracy and fairness of our pricing.

Subcontractor Vetting
While ATI anticipates self-performing the services under this RFP, when the occasion arises where we may need to engage a subcontractor for a specific trade, we have an extensive subcontractor vetting process to ensure all subcontractors in our network meet the highest standards for quality, compliance, and reliability. This approach allows us to deliver seamless, dependable support to our clients, even in the most challenging circumstances.

Our subcontractor pre-vetting process includes the following key steps:
 Rigorous Qualification and Documentation - Subcontractors must submit current licenses, registrations, and certifications issued by federal, state, and local agencies. This ensures compliance with all relevant regulations. Additionally, they provide a certificate of insurance (COI) that aligns with the client’s requirements to confirm adequate coverage.
 Professional References and Evaluation - Applicants are required to provide three professional trade references. These references must attest to the quality of their work, adherence to deadlines and budgets, responsiveness, and overall communication. This provides a clear picture of their reliability and performance history.  Panel Interviews - Each candidate participates in a panel interview with ATI management. This allows us to assess their skills, knowledge, methods of work, and ability to meet the high standards we set for our projects.  Safety and Compliance Assurance - We prioritize safety and compliance. Subcontractors must demonstrate adherence to OSHA and other safety standards, with acceptable safety records to ensure effective risk management.
 Completion of Compliance Packet - All subcontractors are required to complete our subcontractor packet. This packet includes necessary agreements, certifications, and documentation, such as the Subcontractor Agreement, Master Subcontractor Agreement, W-9 Form, and I-9 Compliance Agreement.
 Ongoing Evaluation - Our commitment to quality doesn’t stop at onboarding. We continuously monitor subcontractor performance, including workmanship, adherence to program requirements, and the validity of licenses and certifications. This ensures our network consistently meets our strict quality requirements.

By maintaining this robust pre-vetting process, ATI guarantees that only the most qualified, reliable subcontractors join our network. This enables us to provide exceptional service and peace of mind to our clients, knowing that every project is handled by skilled and trusted professionals.
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City of Richmond ***LIMITED RIGHTS DATA*** Page 18 of 31 Quality Control
ATI takes a multi-level approach for ensuring quality. We strive to maintain quality starting from the initial request of services to the finished product. Our quality control program focuses on the following elements:
 Compliance: All work performed will be in accordance with written procedures and all applicable laws, rules and regulations. Compliance is achieved through our rigorous training programs led by our training department, ATI University and ATI's EHS Department to ensure consistency in our operations on every project.  Employee Qualifications: All field employees are required to complete training courses and achieve certifications that pertain to their job descriptions and skill sets, including asbestos and lead abatements. All ATI employees have obtained OSHA 10 or OSHA 30- hour certification.
 Safety: ATI has invested in a robust health and safety program to promote a culture of safety companywide. Our safety program is led by our EHS Department and involves management leadership, worker participation, hazard identification, hazard prevention and control and ongoing education.
 Effective Communication: We make sure our clients’ expectations are met by producing detailed documentation on projects, including Daily Field Reports (DFRs) and engaging in regular communication with all stakeholders.
 Management of Tasks: Our experienced project director oversees the loss, dispatches our work crews and ensures ATI delivers on each project milestone. The project is continually monitored by a member of our senior management team until the job has been completed to ensure high-quality services.
 Customer Satisfaction Surveys: ATI tracks the feedback of our clients throughout the project as well as at its conclusion. We conduct quality assurance phone calls and distribute customer satisfaction surveys at the end of a project to measure the satisfaction of our clients. For the past three years, ATI’s annual average NPS score has been in the Excellent range, the highest range possible.

Project Scheduling
Our teams are equipped with cutting-edge technologies, including 3D scanning tools and centralized project management platforms, ensuring efficiency and precision throughout the project lifecycle. By combining advanced tools with the expertise of our workforce, we uphold our commitment to delivering high-quality results that exceed client expectations.

Once the scope of work has been agreed upon, ATI develops a detailed schedule of tasks for the customer to review and provide feedback on. After receiving approval, the finalized schedule is integrated into the site-specific work plan, serving as a roadmap for the project. Our schedules outline essential details such as the sequencing of removal work, the interface between trades involved, and our standard operating procedures (SOPs), all customized to the complexity of the project.
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City of Richmond ***LIMITED RIGHTS DATA*** Page 19 of 31 To enhance efficiency and accuracy, ATI carefully determines the duration of each task based on its individual requirements. We assess how long each activity will take, considering the number of personnel necessary to complete it effectively. Additionally, we evaluate task dependencies to ensure activities are scheduled in the correct order—for example, identifying work that needs to be completed first and what can follow afterward. To further optimize project timelines, ATI strategically incorporates concurrent work whenever possible, allowing overlapping tasks to progress simultaneously without compromising quality or precision. This approach ensures that resources are maximized and projects stay on track, even under tight deadlines.

ATI is also highly experienced in working within occupied facilities, adapting schedules to minimize disruptions to the client’s operations. Whether in public environments, educational institutions, or other active workplaces, our teams coordinate closely with clients to establish work hours and phased approaches that prioritize safety and functionality. This flexibility allows us to create tailored plans that align with client requirements while maintaining consistent progress.

Beyond task timing and dependencies, we also anticipate material requirements for every phase of the project. This involves ensuring that the necessary materials and equipment are onhand at the appropriate times to avoid delays and maintain a steady workflow. By proactively managing these elements, we deliver seamless project execution within agreed timelines.

Each assigned project will have an experienced ATI project manager to oversee every operational aspect. This individual is responsible for monitoring progress, maintaining adherence to the agreed-upon schedule, and adjusting when necessary to address unforeseen challenges. By managing these variables effectively, we ensure consistent alignment with client objectives and deliver exceptional results for every project.

Safety Program
Safety, security, and productivity are at the heart of ATI’s operations. Our safety program is designed with a proactive approach to minimize risks, protect everyone on site, and maintain seamless project workflows. Under the leadership of our Safety Director, Shannon Thurgood, a Certified Safety Professional (CSP) with over 20 years of experience, ATI sets and enforces rigorous safety standards. Shannon’s expertise, supported by certifications such as OSHA 500 Trainer and First Aid/CPR Instructor, ensures that our program aligns with cutting-edge industry practices and regulatory compliance. See appendix for Shannon’s resume details. 809
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City of Richmond ***LIMITED RIGHTS DATA*** Page 20 of 31 Enhancing Job Site Safety
ATI’s safety program begins with pre-construction hazard assessments, where we identify and address potential risks before work begins. Comprehensive safety reviews consider factors like electrical hazards, standing water, uneven surfaces, and structural concerns such as damaged or sagging ceilings. All findings are thoroughly documented, and photographic evidence is included, ensuring full transparency for clients and project teams.

Throughout the project, regular on-site safety audits are conducted to monitor adherence to safety protocols and promptly address emerging risks. Project managers, who oversee field operations, are equipped to adapt safety measures swiftly and effectively to maintain secure job sites. Our senior management team also conducts periodic reviews to ensure that safety remains a priority throughout every phase of the project lifecycle.

Fostering a Culture of Security
Safety and security go hand in hand at ATI. Our teams are trained to maintain controlled and orderly environments, especially when working in occupied facilities such as schools, hospitals, or government buildings. By tailoring work schedules and phased approaches to client needs, we reduce security vulnerabilities and maintain safe access for facility occupants.

Improving Productivity Through Safety
A safe job site is a productive job site. ATI’s commitment to safety reduces the risk of accidents, minimizing costly delays and disruptions. Training programs are a key component in achieving this balance. All personnel participate in ongoing training, including OSHA 10- and 30-hour courses, as well as job-specific certifications that ensure teams are prepared to meet the unique challenges of each project.

We couple this training with digital safety management systems, which track incident reports, corrective actions, and safety trends in real time. This system allows us to identify and address issues quickly, ensuring projects stay on schedule and productive. Our systematic approach streamlines communication, enhances accountability, and fosters continuous improvement, creating an environment where safety directly contributes to efficient and timely project completion.

Results-Driven Commitment
ATI’s safety program is built on a layered and proactive foundation that improves job site safety, security, and productivity. By combining rigorous planning, ongoing training, routine inspections, and advanced technology, we deliver high-quality projects that protect people, meet timelines, and provide peace of mind to clients. Safety is not just a priority at ATI; it’s an integral part of who we are, ensuring excellence in every project we deliver. 810
ATI Restoration, LLC response to:

City of Richmond ***LIMITED RIGHTS DATA*** Page 21 of 31 Appendix
The following pages provide:

Resumes
Shannon Thurgood, EHS Director
Bradley Lay, Regional Manager – San Francisco
Richie Barraza, Executive Project Director
Anh Reid, Construction Project Manager, Site Superintendent Jean Nadolne, Account Manager/Business Development Manager Required Forms
Attachment C - Sanctuary City Compliance Statement-signed Attachment F - Disclosure Statement for LLC-signed
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City of Richmond ***LIMITED RIGHTS DATA*** Page 22 of 31 Resumes
Shannon Thurgood
Director of EHS
 20+ years of experience in construction, project management, and EHS across various industries.  Proven leadership in managing teams and projects in high-risk environments.  Strong project management skills, handling complex jobs and large-scale projects.  PMP-certified, with expertise in developing safety protocols for large losses.

Service Areas of
Expertise
 Development and implementation of safety plans to ensure compliance and mitigate workplace hazards.
 Risk assessment, safety training, and fostering a safety-conscious culture across all levels.
 Leadership in high-risk environments, focusing on safety management within construction and power plant sectors.

Background and
Experience
 Proven leadership in EHS, growing a team fourfold in just one year while fostering a collaborative and communicative environment across departments.
 Hands-on expertise in safety management, with a focus on confined space work, complex mechanical tasks, and large-scale restoration and reconstruction projects.

Current
Responsibilities
 Lead a growing EHS department, expanding the team fourfold within one year while fostering camaraderie and effective communication across departments.
 Develop and implement safety protocols and comprehensive safety plans for large restoration and reconstruction projects.  Leverage background in project management and PMP certification to manage complex projects and large losses, ensuring the safety of all involved.
 Actively mentor and guide employees, promoting continuous learning and safety awareness throughout the company.
 Drive safety initiatives with a proactive, empathetic approach, focusing on educating employees on why safety is essential rather than solely enforcing rules.

Industry
Certifications
 Project Management Professional (PMP)
 OSHA 30
 OSHA 500
 OSHA 510
 OSHA 521
812

ATI Restoration, LLC response to:

City of Richmond ***LIMITED RIGHTS DATA*** Page 23 of 31 Brad Lay
Regional Manager, San Francisco
 20+ years of industry experience
 Oversees ATI’s San Francisco Office and greater area
 Committed to client satisfaction, team development
and risk management
Service Areas
of Expertise
 Restoration, environmental remediation, and reconstruction services  Large, complex, and catastrophic property losses
 Client relationships
 Technical and communication skills
 Team and project leadership
 Quality, industry, and compliance standards
 Operations management
 Planning, data analysis, and reporting
Background &
Experience
 Successfully serving in the role of Regional Manager for Los Angeles since joining ATI in 2023
 Direct industry experience with previous roles including General, Regional, District, and Branch Managers, in the construction industry  Demonstrated expertise in developing and mentoring new employees from Project Managers to Field Operations Team.
 Lead business strategy execution for growth, operational efficiency, and customer satisfaction.
 Managed cross-functional teams to ensure operational readiness and exceptional service delivery
Primary
Responsibilities
 Manages all aspects of operations for ATI’s San Francisco Office, including strategic planning and forecasting, customer care, quality control, and purchasing
 Serves as a point of escalation for project stakeholders  Oversees all staff and projects from conception to completion  Facilitates daily staff meetings and weekly operation’s meetings to review the aspects of all projects, identifying issues and developing recommendations in support of the project’s goals and customers’ needs
 Ensures compliance with all industry and safety standards and local, state, and federal requirements for all service lines, including emergency disaster and
 recovery projects
 Provides expertise in support of contract management, project management, vendor management, customer retention, operations, human resources, and staff training and development
 Ensures operational readiness to deliver exceptional services to our clients
Notable
Achievements
 Lead the San Francisco team as they completed more than 1,700 jobs during his time with ATI including nearly 200 for the public and education sector.
813

ATI Restoration, LLC response to:

City of Richmond ***LIMITED RIGHTS DATA*** Page 24 of 31  Consistently delivered exceptional client growth and operational metrics.
 Recognized by peers and leadership for fostering a culture of team collaboration, safety, and excellence.

Education
 Bachelor of Science in Business Administration – University of Phoenix  MBA coursework at University of Arizona, Eller College of Business (program not completed due to relocation)
Richie Barraza
Executive Project Director
 16 years of industry experience
 Serving San Francisco and surrounding areas
 Schedules crews and manages quality control to ensure jobs are completed on-time and on-budget
Service Areas
of Expertise
 24-hour emergency response
 Water damage restoration
 Fire, smoke, and odor damage
restoration
 Asbestos and lead abatement
 Mold remediation
 Catastrophe response
 Contents cleaning and restoration
 Biohazard decontamination
 Demolition
 Reconstruction
 Consulting
Background &
Experience
 Extensive experience in the construction and restoration industry holding job titles from Technician to Supervisor, encompassing roles such as Restoration, Environmental, and Construction Project Manager, as well as Operations Manager
 Experience working with a wide range of clients, including those in the education, healthcare, municipal/government, commercial, residential, and retail sectors
 Demonstrated ability to take charge of a project, identify and resolve problems and bring the project to completion on time and under budget
 Strong prioritization skills with a proven ability to be versatile in all situations and quickly adapting environmental challenges  Proven expertise in providing Large Loss mitigation, restoration, and reconstruction by consistently achieving high customer satisfaction survey results on completed projects
Primary
Responsibilities
 Responsible for responding to service calls and developing and maintaining client relationships
 Emergency on-call contact for clients and project teams  Conducts walk-throughs with client, ensuring thorough and mutual understanding of the scope of work, estimates, work plan and schedule  Provides consultant services for estimations and appraisals of property damage including damage loss evaluation and cost comparison, feasibility, and methodology of repair vs. replacement and scope review
814

ATI Restoration, LLC response to:

City of Richmond ***LIMITED RIGHTS DATA*** Page 25 of 31  Provides daily communication of project updates to client stakeholders and internal staff
 Manages day-to-day operational aspects of projects and project scope, working closely with the Project Manager and teams ensuring compliance with local, state, and federal industry standards and safety requirements
 Creates project work plans and revises as appropriate to meet changing needs and requirements, including the identification of needed resources and engagement of appropriate skilled technicians and other personnel
Notable
Achievements
 Completed more than 620 projects since joining ATI in 2022 in his role of Executive Project Director
 Extensive experience in serving on projects for public entities including Diablo Valley College where Richie oversaw ATI teams performing emergency response services, asbestos abatement and reconstruction, completing projects on-time, within budget with high quality results.  Notable among Richie’s achievements includes a complex fire loss at a UC Berkley in 2024 and a water loss in 2023. Both jobs were completed with minimal displacement to the occupants and performed with high quality results.

Industry
Certifications
 Asbestos Abatement Supervisor (AHERA) Certification
 Lead Abatement Worker Certification
 IICRC Water Damage Technician Certification
 OSHA 30-hour
Anh Reid
Construction Project Manager,
Site Superintendent
 10 years of industry experience
 Manages day-to-day operational aspects of projects
and project scope
Service Areas
of Expertise
 24-hour emergency response
 Water damage restoration
 Fire, smoke, and odor damage
restoration
 Asbestos and lead abatement
 Mold remediation
 Catastrophe response
 Contents cleaning and restoration
 Biohazard decontamination
 Demolition
 Reconstruction
 Consulting
815

ATI Restoration, LLC response to:

City of Richmond ***LIMITED RIGHTS DATA*** Page 26 of 31 Background &
Experience
 Extensive experience in the construction and restoration industry holding job titles including Construction Project Manager, and Senior Project Manager and Estimator
 Highly experienced in managing materials, sourcing, ordering and servicing clients throughout the San Francisco and South Bay Region  Adept at Supervision of field construction crews and meeting requirements of local and state authorities
 Excellent project management skills including coordination, communication, prioritization, troubleshooting, adherence to budget and completion goals
Primary
Responsibilities
 Coordinates the logistics, operations, equipment, materials, and labor necessary to perform the project per the specifications provided by the Project Director
 Supervises the work of in-house crews, subcontractors, and temporary employees
 Examines the workmanship of each task and ensures high-quality results
 Manages project tasks according to the scope, schedule, and budget  Ensures compliance with safety regulations
 Communicates with ATI Project Directors and customers, providing daily progress updates
 Maintains and updates internal project database to capture details of progression of work completed on each phase of the project  Serves as the problem resolution expert for field team Notable
Achievements
 Successfully managed 140+ construction and restoration projects with a total value of $4.2M during her time with ATI
 Consistently delivered projects under tight deadlines while maintaining high-quality outcomes
 Extensive experience in leading reconstruction and repair projects in the wake of extensive property loss due to fire or water, including a water loss at UC Embarcadero in 2023 and many other weather-related losses for industrial and commercial facilities and public entities Industry
Certifications
 Lean Six Sigma
 PMP Certification
 OSHA 30-hour
816

ATI Restoration, LLC response to:

City of Richmond ***LIMITED RIGHTS DATA*** Page 27 of 31 Jean Nadolne
Account Manager/
Business Development Manager
 20 years of industry experience
 Excellent communication skills and prompt responses
to client needs
 Fosters long-term success through client engagement
Service Areas
of Expertise
 Business Development
Strategy
 Account Management
 Relationship Development
 Contract Negotiations &
Management
 Customer Retention & Growth
 CRM Systems
 KPI & Net Promoter Score (NPS)
Improvement
 Training & Onboarding Programs
 Process Optimization &
Operational Efficiency
Background &
Experience
 Dynamic Business Development professional with extensive experience managing client portfolios, driving revenue growth, and enhancing customer satisfaction.
 Proven ability to execute strategies that secure multimillion-dollar portfolios and achieve consistent annual growth.
 Skilled in streamlining operational processes to improve efficiency and outcomes.
 Expertise in relationship building and contract management, ensuring alignment with client needs and business objectives.
 Career includes leadership roles in sales, operations, and customer experience.
 Consistently delivers exceptional results by combining strategic planning with effective tactical execution.

Primary
Responsibilities
 Oversees strategic accounts to ensure contractual management, service expectations and reporting/invoicing requirements are met  Identifies new and existing client opportunities; plans, executes and measures results
 Provides consultative approach to existing and new client concerns  Develops strategies to address critical client issues  Maintains a high level of customer retention and client satisfaction ratings
 Coordinates and manages all activities related to client customer care  Conducts virtual and in-person meetings with clients
 Attends industry association events to stay up to date on the latest industry trends
Notable
Achievements
 Delivered sustainable growth by leveraging strategic insight and operational expertise to address complex business challenges.  Enhanced client satisfaction through a strong customer-focused approach, aligning initiatives with client objectives.
 Played a key role in advancing business goals and fostering long-term success through innovative strategies.
817

ATI Restoration, LLC response to:

City of Richmond ***LIMITED RIGHTS DATA*** Page 28 of 31  Recognized as an invaluable contributor to achieving organizational objectives through a combination of strategic planning and effective execution.

Education &
Certifications
 Bachelor of Business Administration, University of Wisconsin, Eau Claire
 CE Course Certified
 OSHA 10-hour certification
 Proficient in CRM Tools, including Salesforce and Xactimate  Skilled in KPI Management and Operational Process Enhancement 818
819
820
ATI Restoration, LLC ***LIMITED RIGHTS DATA*** Page 1 of 1 Disclosure Statement for LLC
ATI Restoration, LLC is owned by ATI IntermediateCo, LLC, which in turn is owned by ATI HoldCo, LLC.

ATI HoldCo, LLC is the parent company and is held by Restoration Buyer Group Holdings L.P. and New American Technologies, Inc.

Entity Name Directors/Management Officers
ATI HoldCo, LLC (DE) Pierre LeComte
Michael Layman
Parker Brown
Gary Moore
Ryan Moore
David Carpenter - Chief Executive Officer
Gary Moore - Founder and Chairman of the Board
Jeff Moore - President, Chief Acquisition Officer
Ryan Moore - President, Chief Growth Officer
Scott Moore - Executive Vice President of Operations
and Environmental Health Services
Gabe Diab - Chief Financial Officer
Diona Simoneit - Vice President, Corporate Controller
& Secretary
ATI IntermediateCo, LLC
(DE)
ATI Holdco, LLC (sole
member)
N/A
ATI Restoration, LLC
(DE)
ATI IntermediateCo, LLC
(sole member)
David Carpenter - Chief Executive Officer
Gary Moore - Founder and Chairman of the Board
Jeff Moore - President, Chief Acquisition Officer
Ryan Moore - President, Chief Growth Officer
Scott Moore - Executive Vice President of Operations
and Environmental Health Services
Gabe Diab - Chief Financial Officer
Diona Simoneit - Vice President, Corporate Controller
& Secretary
821
On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 1

CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of _________, 20__, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Bay Hawk, Inc. (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

B. Contractor submitted responsive qualifications and has been selected as one of the qualified On-Call General Contractors.

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 and Work Authorization.

All work under this Agreement shall be initiated by a Work Authorization (WA) issued by the City.

Each WA shall define the specific project scope, location, schedule and pricing for the services required (“Work”).

Section 1.3 Protection of Monuments and Existing Improvements.

Contractor shall carefully preserve all property monuments, benchmarks, control points, utilities, and adjacent improvements. Contractor shall not disturb or remove any such markers without written 822
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CONSTRUCTION AGREEMENT 2
consent of the City Engineer. If damaged, displaced, or destroyed due to Contractor’s operations, Contractor shall, at its sole cost, have them re-established by a California licensed Land Surveyor and repair any affected improvements to the City’s satisfaction.

Section 1.6 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, and Contractor shall be responsible to the City for the procurement and maintenance thereof. 823
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CONSTRUCTION AGREEMENT 3
(b) Stormwater Compliance. Contractor shall comply with all applicable stormwater, NPDES, and MS4 requirements, and implement BMPs in accordance with the City’s permits and Project Specifications (including any SWPPP/WPCP as applicable). (c) 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 Work approval and mitigation measures included in any adopted or certified environmental document prepared for the Work; 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. (d) 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).

Section 1.7 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. In so doing, 824
On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 4
Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required for the Project with the required advance notice as defined in the Project Specifications.

Section 1.9 Working Hours.

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. 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. 825
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CONSTRUCTION AGREEMENT 5
(d) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in RFP 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 (c) above. (e) 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.
(f) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the RFP shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the RFP; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the RFP are sufficient to cover the obligations of the Contractor under this Agreement.
(g) Contractor shall maintain the insurance requirements set forth in the RFP for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the RFP, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.
(h) Warranty Bond. For any Work Authorization exceeding twenty-five thousand dollars ($25,000), Contractor shall furnish a Warranty Bond in the amount of ten percent (10%) of the final Work Authorization price, guaranteeing the Work against defective materials and workmanship for one (1) year following the City’s Final Acceptance. The bond shall be issued by a California-admitted surety, in a form acceptable to the City. The City may accept either a separate warranty bond or continuation of the performance bond through the warranty period.

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 826
On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 6
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.

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 .
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On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 7
(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.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
828
On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 8
Owner Contractor
_____________________________ ______________________________ Title Title
_____________________________ ______________________________ Name Name
_____________________________ ______________________________ Signature Signature
(c) Retention for a Work Authorization shall be released upon Final Acceptance provided the performance bond remains in effect through the warranty period or a warranty bond acceptable to the City has been furnished. Otherwise, the City may retain up to the warranty bond amount until the end of the warranty period.

Section 1.12 Senate Bill 854 Notice Requirements.

Section 1.13 Job Site Notices.

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

Section 1.14 Municipal Code Chapter 2.65 Requirements.

Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.

ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

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 829
On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 9
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 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.
(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 830
On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 10
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.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

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;

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. 831
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CONSTRUCTION AGREEMENT 11
(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 Public Works Director or their designee may approve Change Orders with a cumulative value up to ten percent (10%) of the value of the individual Work Authorization, rather than the master contract value.

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. 832
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CONSTRUCTION AGREEMENT 12
(d) Administration After Claim Submittal.

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) 833
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CONSTRUCTION AGREEMENT 13
the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

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

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement. 834
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CONSTRUCTION AGREEMENT 14
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 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.

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Wendy Wellbrock
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:

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.
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Section 3.10 Parties Bound.

Section 3.11 Severability.

Section 3.12 Force Majeure.

Section 3.13 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. 836
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Section 3.15 Entire Understanding of the Parties.

Section 3.16 Multiple Originals; Counterpart.

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: __________________________________
CONTRACTOR:

Bay Hawk, Inc.

By: _________________________________
Name: _________________________________
Its: _________________________________
837

EXHIBIT A

PROPOSAL
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839
840
841
842
843
844
845
846
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On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 1

CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of _________, 20__, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Marinship Development Interest LLC (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

B. Contractor submitted responsive qualifications and has been selected as one of the qualified On-Call General Contractors.

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 and Work Authorization.

All work under this Agreement shall be initiated by a Work Authorization (WA) issued by the City.

Each WA shall define the specific project scope, location, schedule and pricing for the services required (“Work”).

Section 1.3 Protection of Monuments and Existing Improvements.

Contractor shall carefully preserve all property monuments, benchmarks, control points, utilities, and adjacent improvements. Contractor shall not disturb or remove any such markers without written 848
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CONSTRUCTION AGREEMENT 2
consent of the City Engineer. If damaged, displaced, or destroyed due to Contractor’s operations, Contractor shall, at its sole cost, have them re-established by a California licensed Land Surveyor and repair any affected improvements to the City’s satisfaction.

Section 1.6 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, and Contractor shall be responsible to the City for the procurement and maintenance thereof. 849
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(b) Stormwater Compliance. Contractor shall comply with all applicable stormwater, NPDES, and MS4 requirements, and implement BMPs in accordance with the City’s permits and Project Specifications (including any SWPPP/WPCP as applicable). (c) 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 Work approval and mitigation measures included in any adopted or certified environmental document prepared for the Work; 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. (d) 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).

Section 1.7 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. In so doing, 850
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CONSTRUCTION AGREEMENT 4
Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required for the Project with the required advance notice as defined in the Project Specifications.

Section 1.9 Working Hours.

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. 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. 851
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(d) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in RFP 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 (c) above. (e) 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.
(f) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the RFP shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the RFP; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the RFP are sufficient to cover the obligations of the Contractor under this Agreement.
(g) Contractor shall maintain the insurance requirements set forth in the RFP for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the RFP, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.
(h) Warranty Bond. For any Work Authorization exceeding twenty-five thousand dollars ($25,000), Contractor shall furnish a Warranty Bond in the amount of ten percent (10%) of the final Work Authorization price, guaranteeing the Work against defective materials and workmanship for one (1) year following the City’s Final Acceptance. The bond shall be issued by a California-admitted surety, in a form acceptable to the City. The City may accept either a separate warranty bond or continuation of the performance bond through the warranty period.

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 852
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CONSTRUCTION AGREEMENT 6
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.

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 .
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(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.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
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Owner Contractor
_____________________________ ______________________________ Title Title
_____________________________ ______________________________ Name Name
_____________________________ ______________________________ Signature Signature
(c) Retention for a Work Authorization shall be released upon Final Acceptance provided the performance bond remains in effect through the warranty period or a warranty bond acceptable to the City has been furnished. Otherwise, the City may retain up to the warranty bond amount until the end of the warranty period.

Section 1.12 Senate Bill 854 Notice Requirements.

Section 1.13 Job Site Notices.

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

Section 1.14 Municipal Code Chapter 2.65 Requirements.

Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.

ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

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 855
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CONSTRUCTION AGREEMENT 9
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 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.
(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 856
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CONSTRUCTION AGREEMENT 10
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.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

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;

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. 857
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(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 Public Works Director or their designee may approve Change Orders with a cumulative value up to ten percent (10%) of the value of the individual Work Authorization, rather than the master contract value.

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. 858
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(d) Administration After Claim Submittal.

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) 859
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CONSTRUCTION AGREEMENT 13
the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

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

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement. 860
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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 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.

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Wendy Wellbrock
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:

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.
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Section 3.10 Parties Bound.

Section 3.11 Severability.

Section 3.12 Force Majeure.

Section 3.13 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. 862
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CONSTRUCTION AGREEMENT 16
Section 3.15 Entire Understanding of the Parties.

Section 3.16 Multiple Originals; Counterpart.

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: __________________________________
CONTRACTOR:

Marinship Development Interest LLC
By: _________________________________
Name: _________________________________
Its: _________________________________
863

EXHIBIT A

PROPOSAL
864

Marinship Development Interest LLC
1485 Bayshore Blvd, Ste 201 (MB 135) Mailing Address:

San Francisco, CA 94124 2100 Embarcadero, Ste 205
Office: (415) 282-5160 Oakland, CA 94606
Direct: (415) 716-3965
Primary Contact: CSLB: 1013885 (A, B, C-31, HAZ)
Derek Smith Exp: 05/31/2026
Direct: (415) 716-3965 DIR: 1000038734
Email: [email protected] Exp: 07/01/2026
June 5th, 2025
City of Richmond
Public Works Department
450 Civic Center Plaza
Richmond, CA 94804
Subject: Proposal Submission – On-Call General Contractor Services Dear Selection Committee,
Marinship Development Interest LLC (MDI) is pleased to submit our proposal for On-Call General Contractor Services as outlined in the City of Richmond’s Request for Proposals (RFP).

We are excited about the opportunity to support the City’s Public Works Department in maintaining and improving critical municipal infrastructure and services across a broad range of needs, including emergency services and minor construction work.

With over 32 years of construction experience, Marinship Development Interest LLC has earned a strong reputation for excellence in civil infrastructure, building construction, renewable energy, and affordable housing projects throughout the San Francisco Bay Area. We are well-positioned to deliver quality, responsiveness, and value to the City of Richmond.

MDI’s Owner and Managing Member, Derek Smith, holds a B.S. in Mechanical Engineering from the University of California at Berkeley and an M.S. in Civil Engineering from Stanford University. With more than 40 years of industry experience, Mr. Smith leads a team adept at managing complex construction projects, maintaining strict compliance with project schedules, budgets, and safety protocols.
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We have completed over 500 projects for state, municipal, and private sector clients, demonstrating particular strength in public works projects that align closely with the City of Richmond’s needs including emergency contract and on call work for Caltrans, SFPUC, The City of Oakland, Alameda County Public Works Agency, and The Port of Oakland.

Our core competencies include:
• Site and structural concrete
• Sitework, grading, paving, and underground utilities
• Demolition and hazardous material disposal
• Renewable energy infrastructure: solar, microgrids, hydrogen production • Asphalt and concrete paving
• Construction management
We confirm that we have thoroughly reviewed and fully understand all elements of the RFP, including the scope of services required and the contractor selection process for the City’s intended multiple contract awards, each with a not-to-exceed amount of $1,000,000 over an initial three-year term with the possibility of a two-year extension. Marinship Development Interest LLC finds the City’s contract template acceptable and has no exceptions or change requests.

Further, Marinship Development Interest LLC complies with and supports the City of Richmond’s requirements under the Nondiscrimination Clauses in City Contracts Ordinance (RMC Chapter 2.28), the Business Opportunity Ordinance (RMC Chapter 2.50), the Local Employment Program Ordinance (RMC Chapter 2.56), the Living Wage Ordinance (RMC Chapter 2.60), and the “Ban the Box” Ordinance (RMC Chapter 2.65). As a certified MicroLocal, Minority-Owned, Small Business, and Disadvantaged Business Enterprise, we are committed to promoting diversity, equity, and inclusion in both our workforce and contracting practices.

We appreciate the opportunity to be considered and look forward to the possibility of working with the City of Richmond to advance its critical infrastructure and public service objectives.

Should you have any questions or require further clarification, please feel free to contact me directly.

Sincerely,
Derek Smith
Managing Member
[email protected]
(415) 716-3965
866
Qualifications and Experience
Marinship Development Interest LLC was established in 2005 in California and operates as a Limited Liability Company (LLC). We are a state certified small business and a local (SF/Oakland/Alameda County) and nationally certified disadvantaged and minority owned business. With 19 years of continuous operation, our civil engineering company has developed a solid reputation for excellence in construction management and civil infrastructure work. We specialize in civil works, site and structural concrete, emergency repairs, underground utilities, demolition and hazardous material removal, grading and paving, and renewable energy projects.

With over 500 successfully completed projects across the Bay Area, our team consistently delivers projects on time and within budget. Clients recognize our high standards in safety compliance and quality control, contributing to a long-standing reputation for service excellence.

Our main office is located at 1485 Bayshore Blvd., Suite 201, San Francisco, CA 94124, and we employ a full-time staff of 65 individuals, including project managers, superintendents, engineers, estimators, administrative professionals, and trades workers. We also have an Oakland office located at 2100 Embarcadero, Ste 205, Oakland, CA 94606. Marinship is signatory to the laborers, operating engineers, cement masons, millwrights, and carpenters unions. Our team is led by our Manager Member, Derek Smith, and our Senior Project Manager, Sal Villarreal, who combined hold over 55 years of experience in the construction industry working in civil works.

We also employ a team of assistant project managers and project engineers that assist in managing and planning daily tasks, generating RFIs and submittals, and ensuring that projects get completed per spec and within budget. We maintain a responsive team structure, ensuring that personnel with full authority for decision-making are always available for daily project communications.

Our administrative infrastructure is designed to support efficient project management for municipal and governmental clients. We utilize Procore, Clearstory, and Microsoft Project for detailed scheduling, and our accounting systems ensure timely and compliant invoicing and AR/AP processing. Change management processes are clearly documented, and our reporting practices include daily logs, RFI management, and submittal tracking to ensure transparency and accountability.

Marinship has a strong capability for self-performing critical scopes of work. Our internal teams handle excavation, grading, site preparation, underground utilities installation, concrete placement, demolition, hazardous material removal, street sweeping, sandblasting, pipe-bursting, and asphalt and concrete paving. Our extensive experience includes providing both emergency and non-emergency construction and repair services to public agencies including Caltrans, the Port of Oakland, City of Oakland, EMBUD, San Francisco Public Utilities Commission, Alameda County Public Works, and AC Transit.

Marinship has been participating in two three-year term job order contracts for the City of Oakland since 2023 for On-Call Sanitary Sewer Services and On-Call Construction Services.

Under this JOC Marinship completed the Sanitary Sewer Rehabilitation of Sub-basin 56-01, rehabilitating 4,500 linear feet of sanitary sewer mains using pipe bursting, open-trench, and cured-in-place-pipe construction methods. Marinship has also completed the City of Oakland Trash Capture project 1006212 where our crews installed 375 Connector Pipe Screen (CPS) trash 867
capture devices in existing storm drain inlets across city streets and residential easements to effectively prevent trash from entering the storm drain system, with each device servicing drainage areas up to 2 acres.

Marinship is also participating in Job Order Contract 99: General Engineering (A License Construction) in San Francisco, San Mateo, Santa Clara, and Alameda Counties for the San Francisco Public Utilities Commission. Marinship has been awarded six task orders including the following completed task orders: JOC-99 Task Order #1 work includes raising a single tower, retrofitting another tower, and improving the footings on three towers, as well as damaged landscape renovation. JOC-99 Task Order #2 work includes raising, constructing, and installing a 15-foot waste cage extension on two towers. Our crew also installed foundation modifications for three towers, as well installed re-plumb insulators on adjacent structures using new armor rods if necessary. Marinship is currently working on Task Order #6 in which Marinship will perform electromagnetic (EM) Non-Destructive Testing for the 90" Hillsborough Tunnel, and LiDAR + CCTV inspections for the 60" Sunset Supply Pipeline.

Marinship maintains a long-standing relationship with Caltrans and has completed over a dozen emergency and non-emergency contacts since 2021. In 2021 Marinship was selected as the prime contractor to provide demolition services, debris removal and install concrete barrier walls and metal fencing under Oakland’s 880 Freeway and MacArthur Maze for Caltrans Emergency Contract 04-2W3404. In addition to forming, placing and finishing over 2,300 lineal feet of concrete barrier wall and four (4) foot high vinyl-clad fence, our crews provided waste removal and abandoned vehicle hauling. The scope of work also included installing barriers, storm drain extensions and lights underneath the freeway overpass with 24-hour security services. This contract was awarded two additional phases, with the work spanning over three years and totaling over $11,500,000.

In 2023 Marinship was awarded Caltrans emergency contract 04-3Y2104 for $710,000 after a mudslide on Highway 92 on the westbound side of highway 92 temporarily shut down the highway. Our crew worked around the clock to excavate the embankment and place rock slope protection by installing Geotech fabric along the embankment along with removal and disposal of non-conforming soil. Our crews also backfilled using native species and performed pavement and dike restoration. This project was followed by Caltrans Emergency Contract 04-2X9204 for $427,000 which was awarded and completed in May 2025. As the prime contractor, Marinship completed this fast-tracked project in just 16 nights! The work included demolition of the existing crash cushions, removal of old existing foundations, and the pouring of new concrete foundations to support the new SMART Cushions.

In addition to Caltrans, Marinship has performed various emergency and non-emergency projects for the Alameda County Public Works Department, where Marinship is certified as a small local business. In 2022, active channel runoff combined with outfall erosion and pavement failure caused a mudslide that exposed a washed-out culvert and resulted in the closure of Palomares Road. Marinship Development Interest LLC was awarded the emergency project by Alameda County Public Works for $567,000 on February 1st and had crews working around the clock to fully reopen the road for nearby residents and travelers. Marinship worked to dam and bypass the active channel run off to the waterway downstream by installing two pumps while our crew worked on the exposed creek side to reconstruct the outfall, creek alignment, and a new culvert. 868
Beyond these projects, Marinship Development Interest LLC has completed numerous highprofile developments. We served as a subcontractor for the Mission Rock Parcel A project in San Francisco, placing and finishing concrete for a 24-story high-rise apartment building aimed at achieving LEED Gold certification. Similarly, at the Bayview Safe Navigation Center, we handled sitework and utilities with limited subcontracting, delivering a $1.84 million project within 45 days.

As a CUCP disadvantaged and minority owned enterprise and a local and state certified small business, Marinship prioritizes community engagement by hiring local workers on projects and sponsoring local workers into apprenticeship programs. We engage other small, local, and/or disadvantaged subcontractors when able and provide support through mentorship and assistance.

Marinship has maintained long-term relationships with reliable subcontractors whom we use regularly for different scopes and would be happy to provide references and qualifications for the appropriate subcontractors once the scope of work is established. Our experience managing single trade coordination projects is equally robust. For the OAB SS-R-14 Circuit Upgrades, we managed high-voltage electrical work in collaboration with Hotline Construction while selfperforming civil construction activities, ensuring smooth coordination and quality execution within the $5.37 million budget. Marinship has never been disqualified from participating in a project.

In conclusion, Marinship Development Interest LLC’s experience performing on-call and emergency contract work for a variety of public agencies makes us uniquely qualified to provide on-call, minor construction, and emergency services to the City of Richmond Our proven track record, experienced leadership, and commitment to quality and community engagement make us an ideal partner for the City’s Public Works Department initiatives.

Project Examples and Client References
Project #1:

Project Name: Palomares Road Emergency Repairs at MM 0.77, MM 4.05 & 4.10 Client: Alameda County Public Works Agency
Location: Palomares Road MM 0.77, 4.05 to 4.10, Castro Valley Description/Scope: In 2022, active channel runoff combined with outfall erosion and pavement failure caused a mudslide that exposed a washed out culvert and resulted in the closure of Palomares Road. Marinship Development Interest LLC was awarded the emergency project by Alameda County Public Works for $567,000 on February 1st and had crews working around the clock to fully reopen the road for nearby residents and travelers. Marinship worked to dam and bypass the active channel run off to the waterway downstream by installing two pumps while our crews worked on the exposed creek side to reconstruct the outfall, creek alignment, and a new culvert.

Budget: $567,339
Duration: 3 months
Reference:
a. Client Name: Alameda County Public Works Department
b. Contract Person: James Lai, Supervising Public Works Inspector c. Phone Number: (510) 670-6614
869
d. Email Address: [email protected]
e. Project Name: Palomares Road Emergency Repairs at MM 0.77, MM 4.05 & 4.10 f. Your Company’s Project Manager: Salvador Villarreal
g. Initial Contract Value: $ 567,339
h. Final Cost of Construction: $567,339
i. Scheduled Completion Date: 04/30/2023
j. Actual Completion Date: 04/30/2023
Project #2:

Project Name: Job Order Contract 99: General Engineering (A License Construction) in San Francisco, San Mateo, Santa Clara, and Alameda Counties Task Orders #1 and #2 (Tower Raise) Client: Alameda County Public Works Agency
Location: Various Locations in San Francisco, CA
Description/Scope: Marinship is participating in Job Order Contract 99: General Engineering (A License Construction) in San Francisco, San Mateo, Santa Clara, and Alameda Counties for the San Francisco Public Utilities Commission. JOC-99 Task Order #1 ($594,358.75): Marinship’s work included raising a single tower, retrofitting another tower, and improving the footings on three towers. Marinship’s crews raised Tower 976N 15 feet and replaced bent steel members on tower 978N. Work also included improvements to the tower footings of Towers 975N, 976N, and 978N, as well as damaged landscape renovation. JOC-99 Task Order #2 ($617,992.61) :

Marinship’s scope of work included raising, constructing, and installing a 15-foot waste cage extension on towers 979N & 981. Our crew will also installed foundation modifications for towers 979N, 981 N & 983N, as well as installed re-plumb insulators on adjacent structures using new armor rods.

Budget: $ 1,212,351.36
Duration:

Reference:
a. Client Name: San Francisco Public Utilities Commission b. Contract Person: Michael Vroman, Project Manager R&R Program c. Phone Number: (209) 768-1355
d. Email Address: [email protected]
e. Project Name: Job Order Contract 99: General Engineering (A License Construction) in San Francisco, San Mateo, Santa Clara, and Alameda Counties Task Orders #1 and #2 (Tower Raise)
f. Your Company’s Project Manager: Salvador Villarreal
g. Initial Contract Value: $ 1,212,351.36
h. Final Cost of Construction: $
i. Scheduled Completion Date:
j. Actual Completion Date:

Project #3:

Project Name: Caltrans Emergency Contract 04-3Y2104 Highway 92 Client: Caltrans
Location: Highway 92, Post Mile 6.87
Description/Scope: In 2023 Marinship was awarded Caltrans emergency contract 04-3Y2104 for $710,000 after a mudslide on Highway 92 on the westbound side of highway 92 temporarily shut down the highway. Our crew worked around the clock to excavate the embankment and place 870
rock slope protection by installing Geotech fabric along the embankment along with removal and disposal of non-conforming soil. Our crews also backfilled using native species and performed pavement and dike restoration.

Budget: $710,000
Duration: 3.5 months
Reference:
a. Client Name: Caltrans
b. Contract Person: Peter Lam
c. Phone Number: 510-393-1593
d. Email Address: [email protected]
e. Project Name: Caltrans 04-3Y2104 Highway 92
f. Your Company’s Project Manager: Salvador Villarreal
g. Initial Contract Value: NTE $710,000
h. Final Cost of Construction: $673,695.42
i. Scheduled Completion Date: 04/22/23
j. Actual Completion Date: 04/18/23
Project #4:

Project Name: Caltrans Emergency Contract 04-2W3404 & 04-3W9904 Oakland 880 Phases 1-3 Client: Caltrans
Location: Frontage Road and 14th Stret, under the 880 Freeway, Oakland Description/Scope: In 2021 Marinship was selected as the prime contractor to provide demolition services, debris removal and install concrete barrier walls and metal fencing under Oakland’s 880 Freeway and MacArthur Maze for Caltrans Emergency Contract 04-2W3404. In addition to forming, placing and finishing over 2,300 lineal feet of concrete barrier wall and four (4) foot high vinyl-clad fence, our crews provided waste removal and abandoned vehicle hauling. The scope of work also included installing barriers, storm drain extensions and lights underneath the freeway overpass with 24-hour security services. Subsequent phases also included reconstructing the embankment slope and additional fencing.

Budget: $710,000
Duration: 3.5 months
Reference:
a. Client Name: Caltrans
b. Contract Person: Saeed Safi, [email protected]
c. Phone Number: (510) 714-7039
d. Email Address: [email protected]
e. Project Name: Caltrans Emergency Contract 04-2W3404 & 04-3W9904 Oakland 880 Phases 1-3
f. Your Company’s Project Manager: Jim Pelletier
g. Initial Contract Value: $10,640,000
h. Final Cost of Construction: $11,769,069.90 (Added Change Orders) i. Scheduled Completion Date: 06/01/2021
j. Actual Completion Date: 02/28/2024
871
Proposed Approach and Methodology
Marinship Development Interest LLC employs a comprehensive and collaborative approach to successfully deliver construction services that align with the City of Richmond’s objectives.

In terms of bidding, Marinship uses reliable subcontractors that we have developed long-term relationships with. We maintain a vetted list of trade partners with proven performance histories.

For each project, we share bid documentation and solicit competitive proposals. Our selection criteria consider pricing, capacity, past performance, safety records, and adherence to project specifications. This ensures we engage the most capable subcontractors to complement our internal workforce. In the case of projects that involve multiple on-call contractors bidding simultaneously, we ensure transparency and competitive pricing through a structured internal review and selection process.

We develop a Quality Control Plan (QCP) for our employees and all of our projects. All employees of Marinship Development Interest, LLC (MDI) and all employees of subcontractors employed at the subject project will be required to adhere to all State, Local & Federal laws. The QCP is designed to provide overall guidance in the site-specific quality controls for this project and is to be used by appropriately trained and experienced individuals. However, it is not intended to be an all-encompassing document. Individuals using this document are assumed to possess the appropriate qualifications, knowledge, certificates, and training. Each new employee will be required to be indoctrinated before he/she starts work on the site. MDI has developed a company QCP which incorporates procedures for managerial/field work, non-compliance work, equipment, and material inspection guidelines. These policies and programs are implemented and administered throughout the life of this project. MDI will assume the responsibility of providing any necessary technical expertise so that this may be correctly and effectively implemented. All personnel covered by this QCP, including subcontractor personnel receive a copy of this document.

MDI divides the responsibilities outlined in the QCP by assigning responsibilities based on job title. The breakdown is as denoted in the following paragraphs:

MDI QC Manager as the on-site safety representative (SSR). This person whose name will be disclosed prior to mobilizing, will be on site as work is being performed. She/He will conduct quality control inspections during her daily job review. The QC manager will also ensure that the Owner approves and signs off on all material prior to install. Aside from quality control check on material, the SSR will make weekly formal inspections which will be documented and transmitted to the Project Manager. The SSR, has unrestricted access to materials, the storage facility where materials are kept and product data. Should she find irreparable damage or material quality issues, she/he will report it to the Project Manager and provide a recommendation on the next steps. Additionally, the SSR will work alongside the Project Foreman to interpret and implement the drawings. She/He will use all training, experience and OSHA standards to ensure that this work is implemented in an efficient and safe manner. Additionally, will monitor construction progress and immediately document any modifications made in field.

The Owner/Managing Member is responsible for providing overall oversight of all MDI projects.

Although this person will have a hands-off approach, this person will be in constant 872
communication with the MDI Project Manager. In the event of any potential conflict or delay, this person may choose to possess a more direct approach to alleviate conflicts or potential conflicts quickly and efficiently.

Project Manager is responsible for overall project management and has complete authority to act on behalf of MDI. This person oversees the superintendent, project engineer, foreman and the work they execute. Additionally, this person shall ensure that the Work is constructed correctly according to project plans and specifications and shall be responsible for the following:
administration of the construction contract; implementation of quality plans and environmental compliance requirements to assure all construction work is completed in conformance to the Contract Documents; management of construction schedules, costs and change orders; and ensures conformance to established policies and procedures for the management of the Project.

Project Engineer is to assist the project manager with ensuring that the Work is constructed correctly according to project plans and specifications. This may include but is not limited to submittals, material procurement, field support, as-builts, interpreting drawings for foreman, change orders, maintaining Project Record Documents and providing effective communication throughout the duration of the project.

The Superintendent is responsible for monitoring and providing direct oversight of field crews.

This person shall assist in preparing preconstruction estimates and budgets, preparing the work schedule so as to avoid conflicts; communicate site rules regarding safety procedures to filed and office staff; supervise foremen and assign daily job specific duties; coordinating the activities of a variety of trades people, professional and laborers; inspecting the work performed by employees, and subcontractors; maintain record of expenses, supplies, materials, schedules and as-built drawings.

The Foreman is responsible for administering field work according to the schedule in a safe manner. Foreman reports to both the superintendent and project manager. This person will document the work with photographs and attend work meetings as required by the project team.

Concerning Safety, our firm has a strong safety culture led by our Safety Director, George Elsmore. Mr. Elsmore has over 25 years of experience in safety management and is a certified Cal OSHA trainer. He is responsible for overseeing all safety operations, conducting incident reviews and WC reporting, trainings/certification, and ensuring compliance with OSHA and Cal/OSHA regulations. Our safety program emphasizes proactive hazard identification, employee training, daily safety briefings, and quarterly job site audits. In addition to Mr. Elsmore, we have our Safety Manager Luis Martinez who is available to provide on-site support, conducting sitespecific safety orientations and daily job site audits and inspections. By fostering a culture of safety awareness, we aim to minimize risks, ensure secure job sites, and enhance overall productivity.

Marinship’s methods for tracking a project, milestones and deadlines involves a combination of detailed scheduling, progress meetings with the project team and with the Owner. 873
Schedules are developed in accordance with the project specifications, project plans and the Owner’s timelines. If there are no Specifications or the Project Plans, we will typically refer to the latest Caltrans Standards unless otherwise requested by the Owner. For any new project, we provide two types of schedules, a baseline schedule and a four-week lookahead. The baseline schedule is a fixed schedule used to plan the overall project. It will list activities, activity duration and anticipated stated date. The schedule will furthermore identify any activities that have a critical path. This schedule does not change. The four-week lookahead is a working schedule that gets updated weekly. It lists the activities from the week prior as well as work occurring within the next three weeks. It is more detailed and subject to change based on new information or new discoveries made in the field. The schedule is one of the most important tools to ensure that the project team is meeting deadlines. Deviations from the schedule are analyzed, documented and if needed, may result in a request for further direction from the Owner.

Therefore, schedules are pivotal to Marinship as they are used to plan, execute and document changes to the Owner.

Progress meetings with the project team vary and may include anything from daily calls with the foreman to monthly resource management meetings. During the daily calls with the foreman, the intent of the call is to check in about the day-to-day activities and understand the progress made and to pre-plan scopes for the following days. These calls are meant to ensure schedules are being met but also to understand the field laborers’ needs and if needed, make adjustments to increase productivity. This may be as simple as switching the equipment on site or ordering less trucking to reduce congestion on the street. The daily check-ins are essential to continuously manage progress.

Project meetings with the Owner are typically held twice a month. The purpose of this meeting is to discuss the following topics: permits, submittals, RFI’s, COR’s, applications for payment and construction scheduling. These meetings may be held more or less frequently per the Owner’s discretion. These meetings are valuable to Marinship because they provide the opportunity to show our accountability to complete this project in timely and financially responsible Our approach and methodology are designed to deliver high-quality, safe, and efficient project execution, making Marinship Development Interest LLC a reliable and committed partner for the City of Richmond.
874
Resumes
Mr. Smith has over 29 years of entrepreneurial
experience in general contracting, construction
management and real estate development experience in
the Bay Area. As Managing Member of Marinship
Development Interest LLC, he has completed over 500
projects for numerous public and private agencies
throughout California. He is also currently involved with several green energy ventures including the
development of microgrids, battery storage and EV
charging infrastructure which are all working to assist CA in achieving it’s carbon neutral goals by 2045.

Project Experience
Keller Canyon, Forward and Chiquita Canyon Natural
Landfill Gas Recovery Projects, Northern & Southern CA
Project Principle. Working in partnership with Ameresco on the approval of three (3) landfill natural gas recovery projects in CA. The development of the gas recovery
plants and associated underground infrastructure will
exceed $50m per plant.

Headworks Facility- SFPUC Southeast Waste Water Plant
San Francisco, CA
Project Executive, Manage and coordinate the
implementation and maintenance of traffic control where the new facility is being built. Marinship worked with
Sundt/Walsh in the construction of a 52-inch HDPE
bypass pipeline to facilitate the early demolition of the existing Headworks Facility while keeping the system
operational. Demolished two existing headworks
buildings, excavated thousands of cubic yards of
contaminated soils between hundreds of concrete
driven piles, poured concrete footings and pile caps as well as installing the mechanical piping system that will service the new facility.

Education
M.S. in Civil Engineering
Stanford University
B.S. in Mechanical Engineering
University of California at Berkeley
Professional Experience
Marinship Development Interest LLC
2005 - present
Managing Member
Marinship Construction Services, Inc.
1992 - 2005
President/CEO
Derek H. Smith
Marinship Development Interest LLC, Managing Member
875
Resumes
Napoleon- Marin Caltrain Bridge Replacement
San Francisco, CA
Project Executive, Managed and coordinated the
demolition of four bridge spans with a center steel
bridge with tracks for Caltrain. Located under the I-280 freeway in the Bayview neighborhood, we replaced the
old deficient bridge components with steel girders and
new wing walls.

Bayview Navigation Center
San Francisco, CA
Project Executive, Provided the City of San Francisco’s Navigation Center, which houses 128 homeless
residents, with utility connections from existing
infrastructure more than half a mile away and paved the surrounding streets. The scope included wet and dry
utilities, grading and paving, underground piping,
roadway and sidewalk restoration, and hazardous
materials removal capabilities.

Mission Rock Parcel A
San Francisco, CA
Project Executive, Poured the foundations and assisted
in the pouring of 24 floors slabs of a high-rise apartment building in San Francisco. The scope entailed placing
and finishing concrete work on a 24-story structure,
assisting in the pour of a 3,750 cubic yard mat slab
foundation, and pouring 20,275 yards of concrete
throughout the duration of the project.
2205 Mission Street
San Francisco, CA
Project Executive, Guzman Construction Group and
Marinship Development Interest LLC joint venture
partnership to build a nine-story mixed income
residential development with 64 condominium units.

This project is currently in the preconstruction phase
with developer Mission Economic Development Agency,
as well as architect Gelfand Partners Architect.

Education
M.S. in Civil Engineering
Stanford University
B.S. in Mechanical Engineering
University of California at Berkeley
Professional Experience
Marinship Development Interest LLC
2005 - present
Managing Member
Marinship Construction Services, Inc.
1992 - 2005
President/CEO
Derek H. Smith
Marinship Development Interest LLC, Managing Member
876
Resumes
1515 South Van Ness
San Francisco, CA
Project Executive, Guzman Construction Group and
Marinship Development Interest LLC joint venture
partnership to build a nine-story affordable housing
apartment building with 120 apartment units. This
project is currently in the preconstruction phase with
developers Chinatown Community Development Center
and Mission Economic Development Agency, as well as
architects David Baker Architects and Y.A. Studio.

Bayview Senior Housing Project
San Francisco, CA
Project Executive, Nibbi Brothers and Marinship
Development Interest LLC joint venture partnership to
build a four-story senior housing building with 54
apartment units in San Francisco. This project was
completed in February 1999 with the San Francisco
Housing Authority as the owner and architect Kodama
and Associates.

Education
M.S. in Civil Engineering
Stanford University
B.S. in Mechanical Engineering
University of California at Berkeley
Professional Experience
Marinship Development Interest LLC
2005 - present
Managing Member
Marinship Construction Services, Inc.
1992 - 2005
President/CEO
Derek H. Smith
Marinship Development Interest LLC, Managing Member
877
Salvador Villarreal began working at
Marinship Development Interest LLC in 2020,
after having worked alongside them on a large
infrastructure improvement project in San Francisco. He provides twenty years of construction experience and knowledge in the trades. As Estimator and Lead Project Manager, he acquires new civil construction projects for business growth, reviews contracts, and keeps projects on time and under budget.

Project Experience
Bay Corridor Transmission and Distribution
San Francisco, CA,
Project Manager, One-mile-long underground infrastructure improvement project in the Mission Bay district for the San Francisco Public Utilities Commission. The scope entailed, installing new underground pipelines, building up the various streets to new elevations with new pavement, concrete curb, gutters, and sidewalks.

Headworks Facility- SFPUC Southeast Waste Water Plant
San Francisco, CA
Project Manager, Manage and coordinate the implementation and maintenance of traffic control where the new facility is being built.

Marinship worked with Sundt/Walsh in the construction of a 52- inch HDPE bypass pipeline to facilitate the early demolition of the existing Headworks Facility while keeping the system operational.

Demolished two existing headworks buildings, excavated
thousands of cubic yards of contaminated soils between hundreds of concrete driven piles, poured concrete footings and pile caps as well as installing the mechanical piping system that will service the new facility.

Napoleon- Marin Caltrain Bridge Replacement
San Francisco, CA,
Project Manager, Managed and coordinated the demolition of four bridge spans with a center steel bridge with tracks for Caltrain.

Located under the I-280 freeway in the Bayview neighborhood, we replaced the old deficient bridge components with steel girders and new wing walls.

Bayview Navigation Center
San Francisco, CA
Project Manager, Provided the City of San Francisco’s Navigation Center, which houses 128 homeless residents, with utility connections from existing infrastructure more than half a mile Education
Construction Management
Peralta College
Professional Experience
Marinship Development Interest LLC
General Engineering 2020- present
Senior Project Manager/Estimator
A & B Construction
General Engineering 2017- 2020
Project Manager/Estimator
Sequoia Construction
General Contractor 2010- 2016
Operations Manager
A1 Construction
General Contractor 2001- 2010
Project Manager
Salvador Villarreal
Marinship Development Interest LLC, Senior Project Manager/Estimator 878
Project Experience
away and paved the surrounding streets. The scope included wet and dry utilities, grading and paving, underground piping, roadway and sidewalk restoration, and hazardous materials removal capabilities
Mission Rock Parcel A
San Francisco, CA
Project Manager, Poured the foundations and assisted in the pouring of 24 floors slabs of a high-rise apartment building in San Francisco. The scope entailed placing and finishing concrete work on a 24-story structure, assisting in the pour of a 3,750 cubic yard mat slab foundation, and pouring 20,275 yards of concrete throughout the duration of the project.
2205 Mission Street
San Francisco, CA
Project Manager, Guzman Construction Group and Marinship Development Interest LLC joint venture partnership to build a ninestory mixed income residential development with 64 condominium units. This project is currently in the preconstruction phase with developer Mission Economic Development Agency, as well as architect Gelfand Partners Architect.
1515 South Van Ness
San Francisco, CA
Project Manager, Guzman Construction Group and Marinship Development Interest LLC joint venture partnership to build a ninestory affordable housing apartment building with 120 apartment units. This project is currently in the preconstruction phase with developers Chinatown Community Development Center and
Mission Economic Development Agency, as well as architects David Baker Architects and Y.A. Studio.

Education
Construction Management
Peralta College
Professional Experience
Marinship Development Interest LLC
General Engineering 2020- present
Senior Project Manager/Estimator
A & B Construction
General Engineering 2017- 2020
Project Manager/Estimator
Sequoia Construction
General Contractor 2010- 2016
Operations Manager
A1 Construction
General Contractor 2001- 2010
Project Manager
Salvador Villarreal
Marinship Development Interest LLC, Senior Project Manager/Estimator 879
Resumes
Ms. Estrada started with Marinship
Development Interest in 2020 as a project engineer. Her quick learning and adaptive nature, partnered with her
vast knowledge in underground utilities and other civil construction led to her promotion to assistant project
manager in 2024.

Project Experience
OAB SS-R-14 2 Upgrades
Assisted in managing a comprehensive upgrade of the

12.47kV electrical circuit infrastructure from Port main substation "SS-C-51" to "SS-R-14" and Circuit #2 from
"SS-R-14" to Vukasin Way. Responsible for
coordinating and supervising all labor, materials,
equipment, and services required for both overhead and
underground work, achieving an upgraded system with
enhanced capacity and reliability.

Sanitary Sewer Rehabilitation of Sub-basin 56-01
Assisted in managing and coordinating the rehabilitation of approximately 4,500 linear feet of sanitary sewer
mains using pipe bursting, open-trench, and cured-inplace-pipe construction methods, rehabilitating associated lower laterals and maintenance holes,
reconnecting active house laterals, and other related
work in the Oakland’s streets, backyard, and side-yard
easements.

SFPUC Biosolids Digester Facilities T-33.04 Yard
Piping
Assisted in managing the supply and installation of
underground civil utilities for SFPUC Biosolids Facility 615 as well as inground yard services including sanitary sewer, storm drain, Fire Water underground systems,
potable water, process mechanical and area service
piping. The scope of this project included shoring,
dewatering, excavation, spoils handling, off-hauling
hazardous materials, pipe encasement concrete, rebar,
and backfill.

Education
B.S. in Civil Engineering
University of California, Davis
Graduated August 2021
Professional Experience
Marinship Development Interest LLC
2022 - present
Assistant Project Manager
A&B Construction
2021-2022
Project Engineer
City of Stockton, Permit Center
2020-2021
Engineering Intern
Technical Skills
Software: 2D AutoCAD, Acrobat,
BlueBeam, BIM360, Microsoft
Excel/Projects, Procore
Knowledge: As-Builts, AWSS,
Estimating, OSHA, Permitting,
Potholing, Pump Stations, TCP’s,
Utilities
Certifications: Trench and Excavation,
Fall Protection, First Aid/CPR Certified,
Flagging, HAZWOPER 40
Alyssa Estrada Marquez
Marinship Development Interest LLC, Assistant Project Manager 880
Resumes
Mr. Galindo has over 20 years of experience in the
construction industry. He has extensive experience in
heavy civil construction including underground utilities, excavation, grading and paving, demolition, and
sitework.

Relevant Experience
1621-1629 Market Street Plumbers Hall and
Residential
Oversaw all wet and dry utility installations for Plumber’s Hall and residential buildings at 1621-1629 Market
Street. Managed excavation, piping, and restoration for sanitary, storm, and combined sewer systems. Led
trenching and conduit work for PG&E, coordinated with
traffic control, installed domestic and fire water mains, non-potable water, and gas connections.

SFPUC Biosolids Digester Facilities T-33.04 Yard
Piping
Supervised the supply and installation of underground
civil utilities for SFPUC Biosolids Facility 615 as well as inground yard services including sanitary sewer, storm
drain, Fire Water underground systems, potable water,
process mechanical and area service piping. The scope
of this project included shoring, dewatering, excavation, spoils handling, off-hauling hazardous materials, pipe
encasement concrete, rebar, and backfill.

SEWPCP New Headworks Facility Construction
Oversaw traffic control, demolition, and site preparation for a new wastewater pollution treatment plant.

Supervised construction of a 52-inch HDPE bypass
pipeline to maintain operations during demolition,
managed removal of two headworks buildings,
excavation of contaminated soils, and installation of
concrete footings, pile caps, and mechanical piping to
support the new facility infrastructure.

Professional Experience
Marinship Development Interest LLC
General Engineering 2021- present
Superintendent
A & B Construction
General Engineering 2015- 2021
Laborer Foreman
Education
Laborers Local 304
2015 – 2022
Operator Engineer Local 3
2023 – Present
Training & Certifications
• CAL OSHA 10
• CAL OSHA 30
• CAL OSHA 40
• Hazwhopper 40
• PG&E #OQ 05-07 “Damage
Prevention During Excavation of
Gas Line
• PG&E #OQ 02-14 Tracer Wire
• CPR & AED
• Confined Space
• Boom Lift
• Certified Flagger
• Sexual Harassment
• Powder Actutated Tools
Eleasar Galindo
Marinship Development Interest LLC, Superintendent
881
On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 1

CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of _________, 20__, by and between the City of Richmond, a municipal corporation and charter city (“City”) and SDM Construction (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

B. Contractor submitted responsive qualifications and has been selected as one of the qualified On-Call General Contractors.

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 and Work Authorization.

All work under this Agreement shall be initiated by a Work Authorization (WA) issued by the City.

Each WA shall define the specific project scope, location, schedule and pricing for the services required (“Work”).

Section 1.3 Protection of Monuments and Existing Improvements.

Contractor shall carefully preserve all property monuments, benchmarks, control points, utilities, and adjacent improvements. Contractor shall not disturb or remove any such markers without written 882
On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 2
consent of the City Engineer. If damaged, displaced, or destroyed due to Contractor’s operations, Contractor shall, at its sole cost, have them re-established by a California licensed Land Surveyor and repair any affected improvements to the City’s satisfaction.

Section 1.6 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, and Contractor shall be responsible to the City for the procurement and maintenance thereof. 883
On-Call General Contractor Services City of Richmond
CONSTRUCTION AGREEMENT 3
(b) Stormwater Compliance. Contractor shall comply with all applicable stormwater, NPDES, and MS4 requirements, and implement BMPs in accordance with the City’s permits and Project Specifications (including any SWPPP/WPCP as applicable). (c) 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 Work approval and mitigation measures included in any adopted or certified environmental document prepared for the Work; 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. (d) 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).

Section 1.7 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. In so doing, 884
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Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required for the Project with the required advance notice as defined in the Project Specifications.

Section 1.9 Working Hours.

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. 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. 885
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(d) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in RFP 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 (c) above. (e) 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.
(f) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the RFP shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the RFP; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the RFP are sufficient to cover the obligations of the Contractor under this Agreement.
(g) Contractor shall maintain the insurance requirements set forth in the RFP for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the RFP, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.
(h) Warranty Bond. For any Work Authorization exceeding twenty-five thousand dollars ($25,000), Contractor shall furnish a Warranty Bond in the amount of ten percent (10%) of the final Work Authorization price, guaranteeing the Work against defective materials and workmanship for one (1) year following the City’s Final Acceptance. The bond shall be issued by a California-admitted surety, in a form acceptable to the City. The City may accept either a separate warranty bond or continuation of the performance bond through the warranty period.

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 886
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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.

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 .
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(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.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
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Owner Contractor
_____________________________ ______________________________ Title Title
_____________________________ ______________________________ Name Name
_____________________________ ______________________________ Signature Signature
(c) Retention for a Work Authorization shall be released upon Final Acceptance provided the performance bond remains in effect through the warranty period or a warranty bond acceptable to the City has been furnished. Otherwise, the City may retain up to the warranty bond amount until the end of the warranty period.

Section 1.12 Senate Bill 854 Notice Requirements.

Section 1.13 Job Site Notices.

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

Section 1.14 Municipal Code Chapter 2.65 Requirements.

Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.

ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

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 889
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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 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.
(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 890
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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.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

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;

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. 891
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(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 Public Works Director or their designee may approve Change Orders with a cumulative value up to ten percent (10%) of the value of the individual Work Authorization, rather than the master contract value.

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. 892
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(d) Administration After Claim Submittal.

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) 893
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the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

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

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement. 894
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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 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.

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Wendy Wellbrock
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:

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.
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Section 3.10 Parties Bound.

Section 3.11 Severability.

Section 3.12 Force Majeure.

Section 3.13 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. 896
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Section 3.15 Entire Understanding of the Parties.

Section 3.16 Multiple Originals; Counterpart.

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: __________________________________
CONTRACTOR:

SDM Construction
By: _________________________________
Name: _________________________________
Its: _________________________________
897

EXHIBIT A

PROPOSAL
898
899
900
901
902
903
904
905
906
907
908
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CONSTRUCTION AGREEMENT 1

CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of _________, 20__, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Surf to Snow Environmental Resource Management, Inc. (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

B. Contractor submitted responsive qualifications and has been selected as one of the qualified On-Call General Contractors.

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 and Work Authorization.

All work under this Agreement shall be initiated by a Work Authorization (WA) issued by the City.

Each WA shall define the specific project scope, location, schedule and pricing for the services required (“Work”).

Section 1.3 Protection of Monuments and Existing Improvements. 910
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Contractor shall carefully preserve all property monuments, benchmarks, control points, utilities, and adjacent improvements. Contractor shall not disturb or remove any such markers without written consent of the City Engineer. If damaged, displaced, or destroyed due to Contractor’s operations, Contractor shall, at its sole cost, have them re-established by a California licensed Land Surveyor and repair any affected improvements to the City’s satisfaction.

Section 1.6 Laws and Regulations.
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(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, and Contractor shall be responsible to the City for the procurement and maintenance thereof. (b) Stormwater Compliance. Contractor shall comply with all applicable stormwater, NPDES, and MS4 requirements, and implement BMPs in accordance with the City’s permits and Project Specifications (including any SWPPP/WPCP as applicable). (c) 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 Work approval and mitigation measures included in any adopted or certified environmental document prepared for the Work; 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. (d) 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).

Section 1.7 Inspections.
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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. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required for the Project with the required advance notice as defined in the Project Specifications.

Section 1.9 Working Hours.

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. No work shall 913
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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. (d) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in RFP 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 (c) above. (e) 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.
(f) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the RFP shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the RFP; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the RFP are sufficient to cover the obligations of the Contractor under this Agreement.
(g) Contractor shall maintain the insurance requirements set forth in the RFP for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the RFP, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.
(h) Warranty Bond. For any Work Authorization exceeding twenty-five thousand dollars ($25,000), Contractor shall furnish a Warranty Bond in the amount of ten percent (10%) of the final Work Authorization price, guaranteeing the Work against defective materials and workmanship for one (1) year following the City’s Final Acceptance. The bond shall be issued by a California-admitted surety, in a form acceptable to the City. The City may accept either a separate warranty bond or continuation of the performance bond through the warranty period.

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.

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. 915
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(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 .
(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.

Owner Contractor
_____________________________ ______________________________ Title Title
_____________________________ ______________________________ Name Name
_____________________________ ______________________________ Signature Signature
(c) Retention for a Work Authorization shall be released upon Final Acceptance provided the performance bond remains in effect through the warranty period or a warranty bond acceptable to the City has been furnished. Otherwise, the City may retain up to the warranty bond amount until the end of the warranty period.

Section 1.12 Senate Bill 854 Notice Requirements.

Section 1.13 Job Site Notices.

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

Section 1.14 Municipal Code Chapter 2.65 Requirements.

Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.

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. 917
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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 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.
(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.
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(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.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

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;

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 919
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CONSTRUCTION AGREEMENT 11
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 Public Works Director or their designee may approve Change Orders with a cumulative value up to ten percent (10%) of the value of the individual Work Authorization, rather than the master contract value.

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 920
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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. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall 921
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CONSTRUCTION AGREEMENT 13
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.

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. 922
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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 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.

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Wendy Wellbrock
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:

Section 3.9 Applicable Law.
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CONSTRUCTION AGREEMENT 15
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.

Section 3.11 Severability.

Section 3.12 Force Majeure.

Section 3.13 Waivers.

Section 3.14 Title of Parts and Sections.
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CONSTRUCTION AGREEMENT 16
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.

Section 3.16 Multiple Originals; Counterpart.

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: __________________________________
CONTRACTOR:

Surf to Snow Environmental Resource Management, Inc.

By: _________________________________
Name: _________________________________
Its: _________________________________
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EXHIBIT A

PROPOSAL
926
No part of this work may be duplicated, used or disclosed in any form, or by any means without prior written permission from Surf to Snow Environmental Resource Management, Inc.

Request For Proposal
On Call General Contractor Services
For the City of Richmond
Prepared By:

Surf to Snow Environmental Resource Management, Inc. (S2S) 2246 Camino Ramon
San Ramon, CA 94583
Brian Frantz, Chief Executive Officer
Phone: 925-362-3041/ Email: [email protected] and [email protected] Date: June 5, 2025
Prepared For
Attention: Wendy Wellbrock, Senior Civil Engineer
City of Richmond Department of Public Works
450 Civic Center Plaza, Richmond, CA, 94804
Phone Number: (510) 307-8108
[email protected]
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Use or disclosure of data on this page is subject Page i RFP Response to the restriction on the title page of this proposal. June 5, 2025 Table of Contents
A. Cover Letter .....................................................................................................................................1 B. Organization, Related Experience and Qualifications.................................................................3 C. Project Examples and Client References ....................................................................................12 D. Proposed Approach and Methodology ........................................................................................16 Appendices
1 Key Staff Resumes
2 Required Forms
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Use or disclosure of data on this page is subject Page | 1 RFP Response to the restriction on the title page of this proposal. June 5, 2025 A. COVER LETTER
June 5, 2025
Wendy Wellbrock, Senior Civil Engineer
City of Richmond Public Works Department
450 Civic Center Plaza, Richmond, CA 94804
RE: Proposal for On-Call General Contractor Services – City of Richmond Dear Ms. Wellbrock:

Surf To Snow Environmental Resource Management Inc (S2S) is pleased to submit our proposal in response to the City of Richmond’s (City) Request for Proposals (RFP) for On-Call General Contractor Services. S2S founded in 2008, is a California Department of General Services (DGS) certified Small Business (SBE #54454), Licensed California Contractor (#1002111), and Corporation based in San Ramon, California. S2S provides full-service environmental and construction services. Our mission is to provide construction services alongside natural resources and regulatory expertise to assist our clients and partners to execute projects and succeed in their business, while protecting and managing our shared environment for today and future generations. S2S specializes in providing permitting and compliance, construction and landscaping, environmental planning, GIS and remote sensing, stormwater, and biological resources services.

S2S Company Information
Legal business name, mailing address, and
telephone number Primary contact person
Surf To Snow Environmental Resource
Management, Inc. (S2S)
2460 Camino Ramon, Suite 200
San Ramon, CA 94583
(925) 362-3041
Brian Frantz, Chief Executive Officer
(925) 362-3041
[email protected]
California State Contractors License Board
(CSLB) Department of Industrial Relations (DIR)
License No.: 1002111 (Class A)
Expiration Date: 3/31/2027
Registration No.: 1000024221
Expiration Date: 06/30/2025
Proposal Contents Summary
Surf to Snow Environmental Resource Management, Inc. (S2S) is a California-licensed General Engineering Contractor (Class A) and certified Small Business Enterprise (SBE) with over 17 years of experience providing general construction, environmental compliance, and emergency response services to public agencies and utilities. Headquartered in San Ramon, S2S has completed over 500 projects across 929
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Use or disclosure of data on this page is subject Page | 2 RFP Response to the restriction on the title page of this proposal. June 5, 2025 California and is known for delivering responsive, safety-focused, and compliance-driven construction services.

The S2S team includes more than 80 full-time construction managers, superintendents, certified BMP installers, equipment operators, and stormwater and safety experts. We have the in-house capacity to self-perform a wide range of tasks including:

S2S confirms that we have thoroughly reviewed the City’s Request for Proposals for On-Call General Contractor Services dated May 16, 2025 and understood its elements, including the scope, submittal requirements, and contract terms.

City’s Contract Template
S2S finds the City’s standard construction agreement acceptable with no exceptions.

City’s Nondiscrimination Requirements
S2S is committed to advancing equity and inclusion, as well as complying with the City’slocal ordinances.

We will comply with and support the City’s:
 Nondiscrimination Clauses in City Contracts Ordinance (RMC Chapter 2.28)  Business Opportunity Ordinance (RMC Chapter 2.50)
 Local Employment Program Ordinance (RMC Chapter 2.56)  Living Wage Ordinance (RMC Chapter 2.60)
 Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box,” RMC Chapter 2.65) Closing
Thank you for the opportunity to submit a proposal for this important project. S2S’ proposal was prepared in accordance with the City’s RFP for On-Call General Contractor Services dated May 16, 2025 and its associated question and answers document. Our proposal and the S2S commitments within it are binding and submitted with the full authority of the undersigned representative. We look forward to discussing the details with you further soon.

Sincerely,
Brian Frantz, Chief Executive Officer
Surf to Snow Environmental Resource Management, Inc.

Physical Address: 2246 Camino Ramon, San Ramon, CA 94583 Mailing Address: 696 San Ramon Valley Blvd. # 368; Danville, CA 94526 Phone: 925-362-3041Fax: 925-665-1603
Email: [email protected] and [email protected]
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Use or disclosure of data on this page is subject Page | 3 RFP Response to the restriction on the title page of this proposal. June 5, 2025 B. ORGANIZATION, RELATED EXPERIENCE AND

QUALIFICATIONS
S2S is a California-based, certified SBE general contractor with over 17 years of experience delivering environmental and infrastructure construction services to public agencies and utilities throughout the state. Our specialties include stormwater BMP installation, erosion and sediment control, vegetation management, post-fire recovery, minor grading, fencing, and emergency response—services that align directly with the City’s on-call general contractor needs.

Each S2S project team includes experienced project managers, field superintendents, and safety professionals with full authority for on-site decision making and daily coordination. Our team is structured to ensure the City receives consistent and responsive support for scheduled and emergency assignments across multiple scopes of work.

S2S’ relevant experience and qualifications are demonstrated below.

Organization Information
Year Established (under present name): 2008
Form of Entity: Corporation
Headquarters/ San Francisco Bay Area Office:

San Ramon, California
Years in Operation: 17
Company Size:
80+ full-time staff, including construction
managers, job site superintendents, certified BMP
installers, stormwater professionals, safety
officers, and environmental scientists
Reputation, Service Capabilities, and Quality of Work
S2S is known for high-quality construction delivery, rapid emergency mobilization, and a safety-first approach. With a track record of more than 500 completed projects in the last five years, we have earned the trust of clients, including PG&E, Caltrans, LA Metro, and the California Department of General Services. Our project teams are skilled in meeting tight schedules, managing multiple trades, and maintaining compliance with city, state, and federal regulations.

S2S’ core strengths include:
 Trusted Partner to Public Agencies: Proven track record with Caltrans, PG&E, municipalities and California DGS
 Multidisciplinary Field Teams: Construction, environmental, and compliance personnel inhouse  On-Call Readiness: Rapid deployment capabilities and 24/7 emergency response experience  Compliance-Focused Delivery: Experts in stormwater, stormwater pollution prevention plan (SWPPP), sensitive species protection, and California Environmental Quality Act (CEQA)  Client Satisfaction: Recognized by public and utility clients for responsiveness and performance under pressure.
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Use or disclosure of data on this page is subject Page | 4 RFP Response to the restriction on the title page of this proposal. June 5, 2025 S2S is prepared to provide the City with on-call general contractor services that emphasize quality, safety, compliance, and public accountability. We are committed to supporting the City’s goals through responsive project execution and long-term partnership.

Emergency and Non-Emergency Construction and Repair Experience S2S has a proven track record of delivering responsive, high-quality construction and repair services—on both an emergency and non-emergency basis—for public agencies and utility clients across California.

We have longstanding relationships with PG&E, East Bay Municipal Utility District (EBMUD), Caltrans, Cal Am, LA Metro, and the California Department of Parks and Recreation, supporting a range of efforts from substation reconstruction to large-scale landscape restoration. Our standing contracts with PG&E include on-call emergency response repairs, erosion control, vegetation and debris clearing, off-hauling services, and other construction support activities. Similarly, our work with Caltrans involves fencing installation, vegetation removal, excavation, and paving, often requiring complex traffic control coordination. Our core competencies—stormwater BMP installation, erosion control, vegetation management, site restoration, and post-disaster response—demonstrate our ability to support like-sized municipalities and state agencies under urgent and compliance-driven conditions. Examples include:
 Wildfire Emergency Response Program – CZU Lightning Complex for Pacific Gas & Electric Company (PG&E), Statewide, CA (CZU Complex, Central Coast): S2S managed stormwater and water quality permits, erosion and sediment control BMPs, and environmental compliance at over 43 PG&E sites impacted by wildfire response activities. We provided QSD/QSP services, SWPPP development, compliance inspections, sampling, and real-time reporting. Our GIS specialists developed a database and risk-ranking tool to prioritize field interventions and monitor BMP performance. We regularly deployed within 24 hours during emergency activation. Contract Value: $6.5 million. Period of Performance: 2020 – Present.  Emergency Disaster Recovery for California Department of General Services (DGS), Santa Monica, Los Angeles County, CA: In response to major fire damage in Los Angeles, S2S coordinated the logistics and delivery of 28 semi-truck loads of BMPs—over 30,000 gravel bags— for use in sediment control and infrastructure protection. The project required expedited deployment, weekend/night coordination, and real-time communications with DGS. S2S staff were commended for reliability, responsiveness, and commitment to the emergency mission.

Contract Value: $273,579. Period of Performance: January 2025.  SCU Complex Fires – Emergency BMP & SWPPP Deployment for PG&E, San Francisco Bay Area and North Valley, CA: For the 2020 fire season, S2S supported multiple PG&E operations in SCU and LNU fire zones. We deployed BMPs under SWPPP oversight, developed Post-Fire Erosion Control Plans (A-ESCP), and conducted endangered species monitoring during hazardous tree removals. Our GIS team documented site conditions and BMP performance using Avenza and Wildnote mobile applications. Contract Value: $499,000.00. Period of Performance: Nov 2020 – Oct 2021
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Use or disclosure of data on this page is subject Page | 5 RFP Response to the restriction on the title page of this proposal. June 5, 2025 Key Personnel Biographies
S2S brings together a leadership team with decades of combined experience in utility, infrastructure, and environmental construction services. Below are summaries of our key personnel, each of whom will play a central role in delivering responsive, high-quality general contractor services under this contract.

Full resumes are included in Appendix 1.

Brian Frantz, Owner / Chief Executive Officer
Role on Contract: Principal-in-Charge (Owner/ Chief Executive Officer) Years in Industry: 30+ | Years with S2S: 12
Mr. Brian Frantz is the Owner and Chief Executive Officer of S2S. He has over 30 years of experience in environmental construction, permitting, and compliance management for large-scale infrastructure, utility, and public works projects across California. As the Principal-in-Charge under this contract, Mr.

Frantz will provide executive-level oversight, ensure resource availability, and support project teams in maintaining compliance, performance, and responsiveness to the City’s needs.

Mr. Frantz founded S2S in 2008 and has grown the company into a recognized leader in integrated construction and environmental services. He currently manages a portfolio of over 180 active projects, including emergency response and general contracting work for PG&E, Caltrans, LA Metro, and local municipalities. His teams deliver multidisciplinary scopes, such as erosion and sediment control, stormwater BMP installation, vegetation management, site restoration, and post-fire recovery.

Previously, Mr. Frantz served in senior leadership roles at PG&E, where he directed the implementation of the Pipeline Safety Enhancement Program (PSEP) following the San Bruno pipeline incident. He was responsible for environmental permitting, construction compliance, and field monitoring across statewide linear infrastructure projects. His strategic leadership directly supported utility compliance with CEQA/National Environmental Policy Act (NEPA), SWPPP, and sensitive species protections.

Mr. Frantz holds a California General Engineering Contractor’s License (Class A, 1002111) and has led response teams through flood events, wildfires, and storm damage emergencies. His technical acumen, regulatory knowledge, and leadership experience uniquely position him to support the City in delivering on-call general contracting services that meet urgent needs, safety expectations, and public accountability.

Key Qualifications for City’s Contract:
 Licensed General Engineering Contractor (Class A)
 Direct experience with stormwater, erosion control, and restoration projects  Strategic oversight of multidisciplinary general contracting teams  Proven leadership in emergency response and public infrastructure programs  Expertise in regulatory compliance (CEQA, SWPPP, United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), California Department of Fish and Wildlife (CDFW), Occupational Safety and Health Administration (OSHA))  Successful delivery of contracts for PG&E, Caltrans, LA Metro, and municipalities. 933
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Use or disclosure of data on this page is subject Page | 6 RFP Response to the restriction on the title page of this proposal. June 5, 2025 Tanner Drake, Director of Construction Operations
Role on Contract: Construction Project Manager/Safety Manager Years in Industry: 6+ | Years with S2S: 2
Mr. Tanner Drake brings over six years of construction and project management experience with specialized expertise in environmental compliance, emergency response, and infrastructure restoration.

As Director of Construction Operations at S2S, he currently leads field execution, safety, and project oversight across California for public agency and utility clients, including PG&E, Caltrans, La Metro, and Tesla among others.

For the City’s On-Call General Contractor Services contract, Mr. Drake will serve as the Construction Project Manager and Safety Manager. He will be responsible for overseeing daily construction operations, supervising subcontractors and crews, and enforcing rigorous health and safety compliance in accordance with OSHA, SWPP, and City-specific standards.

Mr. Drake has led the successful execution of erosion control, vegetation management, minor grading, fencing, emergency BMP installation, and post-storm restoration work under PG&E’s Gas Transmission and Emergency Response Programs. He has managed structural and utility upgrades for Tesla, and environmental compliance fieldwork for LA Metro and Caltrans. His portfolio includes projects completed in both rural and urban settings, often under emergency conditions or tight timelines.

Mr. Drake is a Certified Construction Health and Safety Technician (CHST) and holds certifications in OSHA 30, First Aid/CPR, and Forklift Operation. He is known for his proactive safety leadership and ability to coordinate complex, multidisciplinary scopes, while maintaining quality and budget control.

His prior experience as Operations Manager at High 5 Builders further strengthened his capacity to manage multi-trade construction schedules, permitting, and field logistics on highly technical projects.

He brings leadership training from his tenure in the United States Marine Reserves, where he oversaw sensor system installation and team operations under pressure. In addition, Mr. Drake holds a U.S. Coast Guard 100 Ton Merchant Mariner’s License, underscoring his operational discipline and ability to lead in regulated environments.

Key Qualifications for City’s Contract:
 Experience managing utility, infrastructure, and environmental restoration projects statewide  Skilled in BMP implementation, stormwater compliance, vegetation control, and grading  Proven track record in emergency response and post-disaster mobilization  Safety-focused leadership with CHST and OSHA certifications  Familiar with public agency coordination and on-call service delivery  Strong communicator and team leader with military and commercial field experience. 934
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Use or disclosure of data on this page is subject Page | 7 RFP Response to the restriction on the title page of this proposal. June 5, 2025 Michael Cipriano, Job Site Superintendent
Role on Contract: Construction Superintendent
Years in Industry: 33+ | Years with S2S: 2
As the Construction Superintendent at S2S, Michael Cipriano is a highly skilled and dedicated professional specializing in underground construction, utility repairs, and pipeline labor. With over 33 years of experience, Mr. Cipriano has developed a strong reputation for his expertise in grading, excavation, trench digging, maintenance, and repair, as well as the installation of complex components, such as sleeves and clock springs for damaged pipelines. His comprehensive understanding of construction processes and safety standards has been instrumental in the successful completion of numerous projects.

Mr. Cipriano's leadership skills are exemplified through his role as a foreman, where he has successfully led teams on large-scale projects, ensuring that each phase of construction was executed efficiently, safely, and within budget. His ability to manage crews, delegate tasks, and provide clear direction allows for optimal productivity, while maintaining a high level of morale among workers. He consistently focuses on minimizing project delays, streamlining workflows, and maintaining strong communication with stakeholders to ensure projects remain on schedule.

In addition to his leadership abilities, Mr. Cipriano is well-versed in implementing and enforcing safety protocols. He is proactive in identifying potential hazards and developing safety plans to mitigate risks before they arise. His dedication to maintaining a hazard-free environment has led to positive safety audits and reduced workplace incidents.

Key Qualifications for City’s Contract:
 Over three decades of construction experience, including public infrastructure  Expert in trenching, excavation, BMPs, and underground utility work  Strong team leader and safety enforcer with foreman-level experience  Heavy equipment operator and restoration specialist
 Experienced in field coordination and project supervision under tight timelines  Safety-focused, with a record of minimizing delays and workplace incidents.

David Wolkenhauer, Construction Operations Manager
Role on Contract: Senior Construction Advisor / Operations Oversight Years in Industry: 40+ | Years with S2S: 2+
Mr. David Wolkenhauer is a seasoned Construction Operations Manager with over 40 years of hands-on experience managing environmental restoration, infrastructure rehabilitation, and emergency response projects across California. At S2S, Mr. Wolkenhauer plays a pivotal role in overseeing construction operations, ensuring that projects are delivered safely, on time, and in full compliance with regulatory and client expectations. For the City of Richmond On-Call General Contractor Services contract, Mr.

Wolkenhauer will provide operational oversight and strategic support, drawing from his deep background in environmental construction and cross-sector project delivery. His portfolio includes restoration and general contracting projects for utility companies, local municipalities, and private sector clients—often 935
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Use or disclosure of data on this page is subject Page | 8 RFP Response to the restriction on the title page of this proposal. June 5, 2025 executed under tight timelines and challenging field conditions. Mr. Wolkenhauer has managed urgent response and large-scale construction initiatives involving grading, erosion control, vegetation clearing, and infrastructure repairs. Known for his commitment to fast, reliable service, he consistently meets high client standards and has delivered same-day service solutions under emergency requests. His leadership ensures that internal crews and subcontractors are aligned, safety-compliant, and coordinated for maximum efficiency. Throughout his career, Mr. Wolkenhauer has built and maintained strong working relationships with a wide range of stakeholders, including public agencies, private developers, and regulated utilities. He is recognized for his team-oriented leadership style, technical expertise, and ability to guide multidisciplinary teams through complex project phases.

Key Qualifications for City’s Contract:
 40+ years in construction operations and environmental restoration  Extensive experience with emergency response and on-call service delivery  Proven record of delivering time-sensitive projects safely and efficiently  Strong background in site supervision, logistics, and contractor coordination  Trusted by public and private clients for reliable, quality-driven execution  Leadership in vegetation management, erosion control, and infrastructure repair S2S Self-Performance Capabilities
S2S has extensive in-house capabilities and regularly self-performs a wide range of general contracting and environmental construction services. With a dedicated team of over 80 field and project professionals—including certified BMP installers, equipment operators, and licensed supervisors—S2S is equipped to deliver quality results without reliance on external crews. Our core self-performed services include:
 Landscaping Support / Revegetation
 Vegetation and Debris Removal
 Erosion and Sediment Control
 Drywall and Framing
 Temporary and Permanent Fencing
 Minor Construction and Demolition
 Painting
 Door and Fence Repairs
 Emergency and Non-Emergency Repairs
 Traffic Control.

An example includes:
 PG&E Stormwater Compliance and BMP Installation Services, Various sites across Northern CA: S2S served as the prime contractor and self-performed critical scopes, including erosion and sediment control BMP installation, vegetation management, hydroseeding, drain inlet protection, biological exclusion fencing, and surface restoration. Our in-house crews executed the fieldwork without subcontractor support, drawing on our certified BMP installers, stormwater compliance professionals, and equipment operators. S2S is currently serving as the prime contractor for a $12 million multi-year, multi-site environmental services contract with PG&E.

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Use or disclosure of data on this page is subject Page | 9 RFP Response to the restriction on the title page of this proposal. June 5, 2025 infrastructure projects throughout California. Under this contract, S2S provides rapid deployment of erosion control crews, hydroseeding services, vegetation management, and site stabilization using both temporary and permanent BMPs. These services ensure compliance with applicable National Pollutant Discharge Elimination System (NPDES) permits, SWPPP requirements, and stormwater discharge regulations. Our experienced team is responsible for scoping projects, selecting appropriate stabilization methods, and implementing BMPs under variable site conditions and permitting obligations. To address rapid response needs for PG&E, S2S has deployed an adaptive management framework across our operations and field crews. This includes cross-training staff in BMP specification and installation techniques, maintaining an inventory of common erosion control materials, and using GIS to prioritize site access and deployment strategy.

Our performance under this contract demonstrates our deep familiarity with California stormwater regulations, our ability to lead MSA programs, and our capacity to manage fast-paced fieldwork and cross-agency compliance efforts at scale. Contract Value: $12 million. Period of Performance: 2024– 2026.

Experience in Single Trade Coordination
S2S has proven experience managing projects that involve supervision of one or two specialized subcontractors. An example includes:
 Los Banos–Pacheco 70kV Transmission Idle Removal for PG&E, Merced County, CA: The project required tight communication and scheduling with PG&E project managers and subcontractor field leads to ensure simultaneous completion at multiple sites. S2S (prime) worked with Bancroft Construction (sub) to revegetate and restore approximately 17 acres of idle transmission line right-of-way in Merced County. This project involved landscaping and restoration support for a 17-acre area impacted by construction activity. We applied a custom hydroseeding mix designed for erosion control and rapid establishment of native vegetation, addressing both soil stabilization and long-term growth needs. The project required extensive coordination with PG&E to ensure compliance with environmental regulations and project specifications. This work happened in phases over the course of multiple weeks, which required an S2S Superintendent to monitor Bancroft, while S2S Field Crews were working at separate locations. This coordination made constant communication a must to meet the timeline established by the PG&E project manager. Contract Value: $92,955. Period of Performance: Oct 2024- Nov 2024
 Henry W. COE State Park (Santa Clara County) & Fremont Peak State Park (San Benito County) For Natural Resources Agency, Department of Parks and Recreation, CA: S2S was awarded a prime contract to deliver Americans with Disabilities Act (ADA) accessibility improvements at both Henry W. Coe State Park (Santa Clara County) and Fremont Peak State Park (San Benito County). The scope includes demolition, grading, earthwork, stormwater pollution prevention, utility installation, paving, cast-in-place concrete, and site furnishings. Key project elements involve the construction of ADA-compliant pathways, parking areas, and facilities, including the installation of a precast vault toilet building at Fremont Peak. As the prime contractor, S2S is managing all construction activities, regulatory compliance, and subcontractor coordination. We selected El Camino General to support key scopes of concrete, masonry, paving, grading, and earthwork, based on their proven reliability and past collaboration with our 937
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Use or disclosure of data on this page is subject Page | 10 RFP Response to the restriction on the title page of this proposal. June 5, 2025 team. S2S oversees quality control, safety compliance, and schedule adherence across both locations and is responsible for delivering all project milestones within the 320-day contract duration. This project exemplifies S2S’s ability to lead complex, multi-site construction efforts for state agencies and to self-perform critical scopes while ensuring high-quality outcomes and stakeholder satisfaction. Contract Value: $939,828. Period of Performance: Apr 2025- March 2026.
 Tesla Hanover Turnstile Installation, Tesla Inc. Palo Alto, CA: S2S served as the prime general contractor for the installation of turnstile access systems at Tesla’s Hanover site. Work included trenching, concrete and slab modifications, fire-rated framing, drywall patching, painting, and lowvoltage pathway construction. We selected Wired Right Inc. as a subcontractor to provide electrical services, including 120V/20A power installation, conduit runs, terminations, and utility hookups to support the new access systems. S2S managed all construction activities and coordinated closely with Tesla’s security and engineering teams to complete the project on time and in accordance with Tesla’s quality and safety standards. Contract Value: $ 53,051.00. Period of Performance: March 2025 – May 2025
Subcontractor Team and Oversight Approach
To complement our in-house strengths, S2S has selected trusted subcontractors that have demonstrated their technical capability, reliability, and responsiveness in past joint projects. S2S team subcontractors include:

Subcontractor Scope of Services
Bancroft Construction General Construction Support
El Camino General Concrete, Masonry, Paving, Earthwork, Grading Wired Right Inc. Electrical Systems and Utility Hookups Scheduling, Billing, Accounting, Change Management, and Administrative Tasks S2S utilizes advanced project management systems—including Deltek Vantagepoint and QuickBase—to monitor performance, schedule adherence, and budget compliance across all active contracts. These systems allow us to track deliverables, time entries, expenditures, and vendor invoices in real-time. Project Dashboards provide weekly updates on labor costs, task status, and estimated unbilled expenses. The system’s flexibility enables us to customize tracking tools to meet the specific needs of each client and contract.

Internally, S2S maintains coordination through Microsoft SharePoint and Microsoft Teams, where tasklevel status, staff time logs, and review workflows are shared among departments. This transparency ensures early detection of schedule deviations and allows our management team to respond proactively.

Our Program, Project, and Task Leads meet regularly to review metrics, adjust staffing, and ensure deliverables are completed on time and within budget.
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Use or disclosure of data on this page is subject Page | 11 RFP Response to the restriction on the title page of this proposal. June 5, 2025 In addition, S2S has worked with a wide variety of public agency clients, each with distinct billing structures and administrative requirements. This has made our systems highly adaptable and responsive to changing field and contract conditions. We maintain open lines of communication with client project managers, regularly issuing photologs, schedule updates, and progress reports to keep all parties informed and aligned throughout the project lifecycle.

Oversight & Quality Control: S2S enforces strict quality control protocols with subcontractors, including:
• Master Service Agreements outlining expectations for safety, documentation, and reporting • Daily check-ins and photographic verification of completed work • Oversight by rotating S2S Field Crew Supervisors
• Weekly internal coordination to track performance, safety compliance, and schedule adherence.

Contract Compliance History
S2S has never been disqualified, removed, or otherwise prevented from completing the terms of previous contracts. S2S has ensured that the awarded work was completed to the specifications of our clients. 939
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Use or disclosure of data on this page is subject Page | 12 RFP Response to the restriction on the title page of this proposal. June 5, 2025 C. PROJECT EXAMPLES AND CLIENT REFERENCES
S2S is a full-service environmental and construction services firm based in San Ramon, California. Our team of over 80 professionals includes construction managers, erosion control experts, biologists, permit specialists, and GIS analysts. Since 2008, S2S has successfully completed more than 400 projects across Northern California, delivering environmental compliance, CEQA/NEPA support, stormwater BMP installation, vegetation management, and emergency response services for public sector and utility clients.

Our extensive experience supporting linear infrastructure and utility corridors uniquely positions us to respond to the City’s on-call general contractor needs with proven technical capabilities, responsive field teams, and a deep understanding of regulatory and environmental requirements. Examples include:

Project 1
Customer Name Pacific Gas and Electric Company (PG&E)
Project Name Resource Emergency Response BMP Support BPO Location PG&E’s Central Valley, Sierra, North Valley, North Coast, Bay Area, and Central Coast Regions
Project Budget $450,000
Schedule July 2022 – May 2024
Brief Description: This project demonstrates S2S’s experience providing site assessments by qualified personnel and timely response to requests in urgent situations during weekends across multiple locations to ensure successful environmental compliance and PG&E Customer Support.

During historic wet weather since December, PG&E activated its Emergency Operations Center (EOC) to aid power restoration in severely affected regions. S2S extended support to the EOC, covering areas from Santa Cruz to Napa County's St. Helena. Providing regular and after-hours/weekend assistance for various EOC tasks, including establishing Laydown Yards/Base Camps, particularly when other PG&E Suppliers encountered delays or mobilization challenges. S2S’ qualified stormwater experts, assessed onground locations, while their Teaming Partners installed BMPs. S2S conducted inspections, prepared standardized photo logs that ensured accuracy and consistency, sharing them with PG&E. Salesforce updates were completed to manage data and photos from emergency events. This effort was directed at ensuring PG&E's compliance with water quality regulations during emergencies, while supporting PG&E customers/landowners whose properties might be impacted by utility storm response activities leading to incidental damages like tire ruts.

General Construction Scope: This project aligns strongly with the City’s desired capabilities in:
 Emergency response and storm event mobilization
 Erosion and sediment control installation
 Minor grading and surface restoration
 Temporary staging and worksite preparation
 Environmental compliance and reporting
 Site access preparation and BMP implementation
 Response to flooding, storms, and debris impacts.
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ON-CALL GENERAL CONTRACTOR SERVICES
Use or disclosure of data on this page is subject Page | 13 RFP Response to the restriction on the title page of this proposal. June 5, 2025 Performance: S2S completed this project on time and on budget, demonstrating reliability and consistency in challenging weather and logistical conditions. PG&E’s Senior Environmental Scientist for Water Quality, Jacob Callahan (CESSWI, QSP), specifically praised S2S for its responsiveness and quality of work during a March storm event in St. Helena.

Client References:
a. Firm, Owner, Business or Company Name: Pacific Gas and Electric Company (PG&E) b. Contract Person: Alexa La Plante
c. Phone Number: 925-204-4111
d. Email Address: [email protected]
e. Project Name: Resource Emergency Response Bmp Support BPO f. Your Company’s Project Manager: Tanner Drake
g. Initial Contract Value: $450,000
h. Final Cost of Construction: $450,000
i. Scheduled Completion Date: 5/31/2024
j. Actual Completion Date: 5/31/2024
Project 2:

Customer Name Pacific Gas and Electric Company (PG&E)
Project Name PG&E Gas Transmission Stormwater Best Management Practice (BMP) project
Location Various Locations throughout CA
Project Budget $2.5 M
Schedule December 2022 – July 2024
Brief Description: S2S provided general contracting services under PG&E’s Gas Transmission Program, supporting stormwater compliance and site restoration at critical utility locations. The scope of work involved the installation, maintenance, and removal of erosion and sediment control Best Management Practices (BMPs), including silt fences, fiber rolls, drain inlet protection, biological exclusion fencing, rumble plates, and vegetation management. To stabilize disturbed project sites, the team performed hydroseeding, gravel and mulch application, and other surface restoration measures. The work was conducted in compliance with PG&E’s Environmental Compliance Standards, emphasizing stormwater pollution prevention, biological resource protection, and jobsite safety. S2S proactively assessed and “Big shoutout to your [S2S/PEI] crew for working on Sunday (through the snow) to get BMPs installed in St. Helena. Site looks great. Thanks for being so responsive on such late notice.”—Jacob Callahan (CESSWI, QSP), PG&E’s Senior Environmental Scientist for Water Quality
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Use or disclosure of data on this page is subject Page | 14 RFP Response to the restriction on the title page of this proposal. June 5, 2025 minimized site-specific risks, implemented required safety measures, and ensured high-quality performance through daily field monitoring, reporting, and coordination with PG&E environmental staff.

This project reflects S2S’s ability to self-perform environmental restoration work and deliver emergency and non-emergency general contracting services in compliance-driven utility environments.

General Construction Scope:
 Erosion control
 Minor grading and excavation
 Vegetation management
 Storm damage and flood response
 Emergency services
 General site restoration and cleanup
 Safety and environmental compliance coordination.

Performance: S2S delivered this multi-site, multi-region contract on budget, and completed the project within the extended schedule following a client-approved change order for additional work due to an unusually severe winter season. PG&E acknowledged S2S’s responsiveness, safety performance, and field quality in formal communications and follow-up correspondence. The project was closed with no outstanding corrective actions or compliance issues.

Client References:
a. Firm, Owner, Business or Company Name: Pacific Gas and Electric Company (PG&E) b. Contract Person: Tim Andrews
c. Phone Number: 415-693-8212
d. Email Address: [email protected]
e. Project Name: Stormwater BMP and Restoration BPO
f. Your Company’s Project Manager: Tanner Drake
g. Initial Contract Value: $2,109,000.00
h. Final Cost of Construction: $2,109,000.00
i. Scheduled Completion Date: 7/31/2024
j. Actual Completion Date: 10/31/2024
Project 3
Customer Name Tesla Inc
Project Name Tesla Hanover Turnstile Installation:

Location Palo Alto, CA
Project Budget $53,051.00
Schedule March 2025 – May 2025
Brief Description: S2S served as the prime general contractor for the installation of secure facility access systems at Tesla’s Hanover site. S2S self-performed key scopes of work across multiple trades under a compressed schedule, coordinating closely with Tesla’s engineering, security, and facilities teams. 942
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Use or disclosure of data on this page is subject Page | 15 RFP Response to the restriction on the title page of this proposal. June 5, 2025 The project included installation of 120V/20A electrical power from existing infrastructure to newly installed turnstiles, with conduit and wiring completed by S2S’s in-house team. S2S constructed lowvoltage and data infrastructure pathways from the IDF closet to the access control points, integrating communications systems and coordinating handoff to Tesla’s Security Engineering team.

Building modifications included concrete saw cutting, trenching, slab patching, and refinishing. S2S executed fire-rated framing, drywall patching, and painting, delivering a high-quality finish to match Tesla’s aesthetic standards. The team managed coordination with Tesla’s fire alarm vendor to integrate emergency release wiring into the fire/life safety system. Demolition included the removal of outdated electrical panels and cabling, completed with proper documentation and environmentally compliant disposal.

This project highlights S2S’s precision construction capabilities, vendor coordination, and ability to deliver results under fast-tracked timelines for high-security and technology-driven environments.

General Construction Scope: This project demonstrates S2S’s capabilities across multiple scopes requested in the RFP, including:
 Electrical system upgrades
 Concrete and slab work
 Interior demolition and removal of outdated equipment  General carpentry, wall framing, and modifications
 Painting and finish restoration
 Low-voltage and conduit installation
 Emergency/fire life safety system integration.

Performance: The project was delivered on time and on budget, with no change orders or delays. The successful outcome reflects S2S’s strength in self-performing trades, maintaining vendor coordination, and delivering clean, code-compliant work in a fast-paced environment.

Client References:
a. Firm, Owner, Business or Company Name: Tesla Motors
b. Contract Person: Catherine Dinh
c. Phone Number: 650-759-4661
d. Email Address: [email protected]
e. Project Name: Tesla Hanover Turnstile Installation
f. Your Company’s Project Manager: Tanner Drake
g. Initial Contract Value: $53,051.00
h. Final Cost of Construction: $53,051.00
i. Scheduled Completion Date: 5/31/2025
j. Actual Completion Date: 5/31/2025
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Use or disclosure of data on this page is subject Page | 16 RFP Response to the restriction on the title page of this proposal. June 5, 2025 D. PROPOSED APPROACH AND METHODOLOGY
S2S brings a proven approach to on-call general contractor services—grounded in responsiveness, quality control, and safety. Our team is structured to manage both scheduled and emergency projects with precision and flexibility, ensuring the City receives high-performance execution across diverse scopes of work.

Bidding
S2S has developed a deep and reliable pool of subcontractors through years of successful project delivery.

We evaluate subcontractors on a case-by-case basis depending on the specific project requirements, timelines, and cost parameters. Upon notice of a task order, we initiate a structured process of requesting pricing and availability from qualified firms. Selections are based on the most feasible and cost-effective solution, while maintaining quality and schedule integrity. The subcontractors are held to the same high standards of safety, performance, and communication as our in-house team. S2S’s longstanding relationships with these subcontractors allow us to rapidly mobilize the right team for each task, whether competitive bidding is required or not.

Quality Control
Quality assurance is central to every S2S project. S2S Construction teams conduct regular inspections, internal quality audits, and site walk-throughs to ensure compliance with project specifications and regulatory standards. For projects, such as paving, restoration, or utility support, our team closely monitors construction methods to ensure durability, finish quality, and long-term performance. Our team meets twice weekly to review ongoing and upcoming projects, address field challenges, and identify areas for improvement. These meetings support a culture of accountability and allow our management staff to proactively adjust plans as needed to ensure success.

Detailed Project Scheduling
As soon as a project start date is established—whether for routine or emergency response work—S2S initiates internal coordination to ensure complete readiness. This includes confirming field personnel, mobilization needs, and material procurement. Our biweekly planning meetings serve as the foundation for tracking active projects, managing resource allocation, and forecasting future staffing or supply needs.

For emergency services, our team is available 24/7 and able to deploy within hours, as demonstrated in our recent PG&E and DGS response work. This proactive scheduling approach minimizes delays and ensures adherence to project milestones.

Safety
S2S’s Director of Construction Operations, Tanner Drake, is a Certified Construction Health and Safety Technician (CHST), credentialed by the Board of Certified Safety Professionals (BCSP). His resume and CHST certificate are included in Appendix A.

Safety is S2S’s highest priority—for both our workforce and the public. We implement the necessary construction signage, barricades, and safety barriers to clearly delineate work zones and protect everyone on site. S2S maintains full compliance with personal protective equipment (PPE) requirements, regulatory 944
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Use or disclosure of data on this page is subject Page | 17 RFP Response to the restriction on the title page of this proposal. June 5, 2025 safety standards, and local guidelines. S2S actively participates in the ISN safety program, including thirdparty audits and benchmarking to drive continual improvement. We ensure our staff have the training, tools, and equipment needed to complete their work safely and effectively. The field personnel are required to check in daily with their Field Work Coordinator (FWC).

S2S equips field teams with cell phones featuring GPS and texting capabilities. In areas where cellular service is unavailable, SPOTX® satellite communication devices are used to transmit status updates and GPS location data.

S2S prepares daily Job Hazard Analyses (JHAs) and Project-Specific Safety Plans (PSSPs) for each project requiring on-site work. These documents are maintained for internal compliance and future reference.
.
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Use or disclosure of data on this page is subject Page | 18 RFP Response to the restriction on the title page of this proposal. June 5, 2025

APPENDICES

1. Resumes

2. Required Forms
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APPENDIX 1
Key Personnel Resumes
947
[email protected] Resume Page 1
Areas of Expertise
 Environmental Analysis,
Permitting, Monitoring
 Environmental Compliance
 CEQA/NEPA
 Water Quality and Stormwater
Management
 Gas and Electric
Transmission/Distribution Project
Planning and Implementation
 FERC Hydroelectric Project License
Implementation
Formal Education
 MDE, University of California, Los
Angeles, Anderson School of
Management, 2014
 M.S., Marine Science/Chemical
Oceanography, CSU, Moss
Landing Marine Laboratory, CA
1999
 B.A. Integrative Biology (Marine
Emphasis), University of
California, Berkeley, 1995
Prior Professional Experience
 Land and Environmental
Management| PG&E – CA 2007-
2013
 Environmental PM| ENTRIX Inc. –
Walnut Creek 2006-2007
 Technical and Environmental
Services/Hydroelectric Licensing|
PG&E – CA 2002-2006
 Lab Manager| Lawrence
Livermore National Laboratory –
CA 1994-2002
Awards/Certifications
 State of California, General A
Contractors License #1002111
 CEQA Basics Workshop Series
2008
 Hydro Project Relicensing:

Technical and Regulatory
Overview, 2005
Brian Frantz
Chief Executive Officer
Mr. Frantz is the Chief Executive Officer with expertise in Environmental Planning, Permitting, Biological Monitoring, Environmental/Stormwater Compliance Monitoring, Stormwater Management, and Site Restoration.

Mr. Frantz provides overall management to a team of more than 60 individuals that have expertise in Environmental Planning/Permitting, Biology, Stormwater/Water Quality, Site Restoration, and Business Administration. Mr. Frantz has over 30 years of experience with large scale Project strategy and management for environmental assessment/analysis, permitting, and project compliance for projects throughout California, ranging from the peaks of the Sierra Nevada mountain range to the offshore environments of the San Francisco Bay and Monterey Bay.

Mr. Frantz is currently responsible for the oversight of 180 projects across 44 different clients that S2S provides environmental support on. Mr. Frantz has developed expertise in the development and implementation of strategic environmental analysis for large scale linear projects to identify project impacted resources and develop a clear path to adequately manage the resources (i.e. permitting and compliance monitoring or BMP implementation) to ensure projects are completed on schedule, on budget, and in compliance with state and federal requirements. Prior to joining the family business at S2S, Mr. Frantz was the Manager for the Pacific Gas and Electric’s (PG&E) Land and Environmental team providing oversight of PG&E’s Gas Transmission projects, including the development and
implementation of the Pipeline Safety Enhancement Program (PSEP) following the San Bruno pipeline explosion. Mr. Frantz was responsible for a team of over 100 individuals that were responsible for all the environmental and stormwater components (i.e. permitting and compliance monitoring) associated with PG&E’s Gas Transmission Program.
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[email protected] Resume Page 2
Select Project Experience
Environmental Waste Handling and Environmentally Related Construction Services |LA Metro (sub), 2018- Ongoing
COO responsible for overall client satisfaction and client relationship management to ensure the S2S program team is provided with management and technical support for eight projects S2S supports under this contract.

Worked with Prime, TRC and LA Metro to identify technical and personnel qualifications to meet project requirements. Ensured program managers were provided with the appropriate resources (staffing availability, HR, accounting, invoicing, recruiting, contracts and subcontracts) to successfully execute the projects.

Environmental Support for Linear & Electric Utility Construction Projects | PG&E (Prime and sub) – Various Locations, 2016-Present
COO overseeing the S2S Teams on linear and electric utility construction projects. Engages with program managers weekly to ensure corporate resources are available and proactively support program needs.

Program requirements include environmental planning, permitting, stormwater compliance, biological surveys and monitoring, and best management practice installation and inspections. Ensures program managers are provided with the appropriate resources (staffing availability, HR, accounting, invoicing, recruiting, contracts and subcontracts) to successfully execute the projects. Meets with Primes and project Owner to obtain feedback on performance and ensure program teams continue to meet Prime and Owner expectations for quality, safety, schedule, and technical execution.

Pipeline Replacement and WRO Program | PG&E – San Joaquin Valley 2014 The PG&E Gas Transmission Pipeline Replacement and WRO program includes several major works components, including the initial Environmental Constraints Review (ECR), identification of any resource impacts and necessary regulatory permit requirements, field verification and monitoring, and site restoration and project closure. S2S is providing staff support for project review, regulatory permitting support, biological review, pre-construction survey, and construction monitoring for approximately 60 individual segments of gas transmission pipelines that are located within PG&E’s four Regional Divisions. The specific tasks for the project evaluations include a desktop ECR, identification of any impacts to resources and an evaluation for the need for any regulatory permits to construct the project (including cultural resources), biological preconstruction surveys, construction/compliance monitoring, and site restoration/closure. The regulatory permitting includes the application for a Section 1602 Streambed Alteration Agreement from the CDFW, CDFW ITP, RWQCB 401/402, USACE 404/NWP/IP, USFWS Section 7 consultation. The specific tasks being performed by S2S are as follows: (1) CDFW/PG&E San Joaquin Valley HCP MSAA Verification Request Form; (2) Application for Sec. 1602 Streambed Alteration Agreement from CDFW; (3) Application for Sec. 404 Nationwide Permit 12 (USACE) and Sec. 401 Water Quality Certification (RWQCB); (4) Prepare Project Strategy Report; (5) San Joaquin Valley O&M HCP – Pre-Activity Survey Data Collection Form; (6) PG&E Desert Biological Opinion Pre-Activity Survey Data Collection Form for Class I, II, III, and IV Maintenance Activities; (7) Pre-Construction Nesting Bird Survey; and (8) Biological Monitor/Training.
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[email protected] Resume Page 3
SWPPP Management and Oversight | PG&E (Prime and Sub) – Various Locations 2016- Present For the last several years S2S has been assisting PG&E with ensuring that their Construction Storm Water Program is in compliance with the State Water Board’s New Construction General Permit by providing water quality expertise related to SWPPPs and BMPs for PG&E’s major Lines of Business. S2S ERM’s expertise is being utilized to help PG&E become more efficient with their program processes and to streamline their stormwater program by providing quality assurance and quality control guidance. S2S ERM assists with program guidance development and trainings; expectations documents; and general review of stormwater plans and WPCDs and management of stormwater tasks. S2S ERM provides detailed technical review of PG&E construction stormwater permit documents (SWPPP, WPCDs, and erosion sediment control plans, annual reports, COIs, and NOTs) and assists with maintaining PG&E’s construction stormwater database of actively permitted projects, and solicits project status updates from project team and third party consultants. In addition, S2S ERM responds to emergency project requests and/or issues that require immediate attention and ensures that the proper procedures are implemented to reach a successful conclusion while reducing the potential for NOVs.

Community Pipeline Safety Initiative | PG&E – Various Locations-2014-2016 The PG&E Community Pipeline Safety Initiative (CPSI) program includes two major work components:
vegetation management and rights-of-way encroachment removal. PG&E’s Rights of Way (ROW) are an important aspect of safely maintaining infrastructure. The ultimate goal of the CPSI program is to eliminate any incompatible uses from PG&E’s 6,750 miles of ROW and ensure the future safety of the gas transmission system. S2S is providing staff support for biological review and regulatory permitting support for a variety of segments of gas transmission ROWs that are located within PG&E’s four Regional Divisions. The specific tasks for biological resource evaluation, biological pre-construction surveys, construction monitoring, and regulatory permitting include environmental constraints review (includes desktop review) and review of any applications for Section 1602 Lake and Streambed Alteration Agreements from CDFW.

Green Valley Creek Stream Bank Restoration | City of Fairfield – Fairfield, CA 2014 During the late spring of 2014, an unmarked city water line was ruptured by a Horizontal Directional Drill (HDD) during the relocation of utilities associated with a highway widening project in Fairfield, CA, which caused bank erosion at several locations along a 175 ft section of the stream which is habitat for Steelhead Salmon and California Red Legged Frog. The break in the water pipeline caused a release of approximately 1,000,000 gallons of clean water to Green Valley Creek. This water release caused bank and slope erosion with minimal sediment depositing into the creek bed. S2S worked with the utility, the City of Fairfield, the California Department of Fish and Wildlife (CDFW), the Regional Water Quality Control Board (RWQCB), and the United State Army Core of Engineers (USACE) to design and construct a restoration project that would stabilize and restore the eroded creek bank.
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[email protected] Resume Page 4
Mokelumne River Water Quality/Water Temperature | PG&E (Prime and Sub) – Mokelumne River, CA 2001 The S2S team has been responsible for implementing the water quality monitoring study program for the Mokelumne River Hydroelectric Project, FERC Project No. 137 since 2008. The water quality monitoring study is required by Condition No. 11 of the FERC Project license issued on October 11, 2001 (FERC 2001). The focus of the monitoring study is to document temporal and spatial variations of water quality in Project-affected streams under operating guidelines mandated by the FERC license. As part of the FERC relicensing process for the Project, a Settlement Agreement (SA) was developed by PG&E and nine other parties representing Federal and State agencies as well as non-government organizations to resolve all streamflow issues for ecological purposes and river-based recreational use in support of the U.S. Forest Service (USFS) issuing its Final 4(e) Conditions and FERC issuing a new Project License. S2S has been responsible for the collection of the water quality samples utilizing a trace-metal clean technique, U.S. Environmental Protection Agency 1669, “Clean Hands-Dirty Hands” method to ensure the reporting of results that are accurate and applicable to the regulatory requirements of the RWQCB California Toxics Rule. The water quality monitoring results are collected each year supplement existing data and are used by the ERC and USFS to evaluate water quality in Project-affected stream reaches relative to climatic conditions, changes in streamflow regime, and reservoir operations. S2S has worked with PG&E to continually evaluate the data collected and suggest to the ERC changes in the data collected to ensure that the information is the most appropriate decision making on changes to the operations of the project. The data helps support decisions on changes to operations by allowing for evaluation of any potential impact to the aquatic resources associated with the Project. 951
[email protected] Resume Page 1
Areas of Expertise
 Project Management
 Environmental Compliance &
Sustainability
 Team Leadership & Staff
Development
 Construction Techniques & Green
Building Practices
 Health, Safety & Quality Assurance
 Environmental Site Development &
Remediation
 Construction Software &
Technology
 Client & Stakeholder Relations
 Contract & Vendor Management
 Business Development & Market
Analysis
Prior Professional Experience
 Operations and Project Manager |
High 5 Builders – Livermore, CA
2018 - 2023
 Fishing Boat Captain | Gentleman
Sportfishing | Oxnard, CA 2017-
2018
 Field Artillery Sensor Support man
| USMC Reserves – Seal Beach, CA
2014 – 2018
 Deckhand | Ranger 85 Sportfishing
– Oxnard, CA 2009 - 2014
Awards and Certifications
 US Coast Guard Merchant Marine
Certification – 100 Ton Master
Credentials
 Certified Construction Health and
Safety Technician (CHST)
 Board of Certified Safety
Professionals (BCSP)
 OSHA 30-Hour Construction Safety
Certification
 Forklift Operator Certification
 First Aid/CPR Certification
 Construction Health and safety
Technician (CHST)
Tanner Drake
Director of Construction Operations
As Director of Construction Operations at S2S, Mr. Drake oversees a wide portfolio of construction and environmental compliance projects across California, with a focus on utility, public works, and infrastructure scopes. He leads all phases of Best Management Practice (BMP) implementation for stormwater compliance, erosion control, vegetation management, and emergency response efforts on PG&E projects. In addition to BMP scopes, Tanner has managed fencing replacement projects for Caltrans, landscape and habitat restoration projects for PG&E, and commercial construction work supporting Tesla and other high-profile clients.

Certified as a Construction Health and Safety Technician (CHST), he brings a safety-first leadership style, ensuring field compliance with SWPPP, OSHA, and client-specific standards. He coordinates internal teams and subcontractors, manages materials and logistics, and collaborates closely with stakeholders to deliver projects safely, on time, and within budget.

Mr. Drake is a highly skilled and results-driven Construction Management professional with over 6 years of experience in overseeing complex construction projects from initial planning through to successful completion. As the Director of Construction Operations at S2S, he leads a wide range of projects focused on the integration of environmental sustainability with construction practices, ensuring projects are delivered on time, within budget, and in full compliance with quality and environmental standards.

His expertise spans the management of multi-disciplinary projects, including those in automotive manufacturing, semiconductor laboratories, and data centers, during his time at High 5 Builders, where he honed his ability to coordinate diverse teams, manage resources, and liaise with stakeholders to meet demanding project goals. His foundation in leadership and operational efficiency is rooted in his military experience as a supervisor in the United States Marine Reserves, where he was responsible for the installation and maintenance of advanced sensor systems and provided technical training to personnel in high-pressure environments.

Additionally, Mr. Drake holds a USCG 100 Ton Merchant Mariner's License and brings hands-on maritime experience as a Second Captain on a fishing vessel operating in Mexican waters out of San Diego. This role showcased his strong navigational abilities, leadership in dynamic environments, and capability to manage vessel operations under diverse and challenging conditions, further demonstrating his versatility and commitment to safety and operational excellence. 952
[email protected] Resume Page 2
Selected S2S Experience
Stormwater Compliance and Best Management Practices (BMP) Installation Services | PG&E, various Locations, CA 2024- 2026
Project Manager. Mr. Tanner oversaw long-term BMP maintenance and stormwater compliance support across multiple PG&E utility sites. He directed inspection schedules, coordinated field crews, and managed ongoing vegetation and erosion control efforts. He ensured all documentation and corrective actions complied with environmental permit conditions and PG&E protocols
BMP Installation, Blanket Purchase Order (BPO) Maintenance Contract | PG&E, various Locations 2024- 2026 Project Manager. Mr. Tanner led BMP installation and site restoration activities for PG&E’s restoration spoils management. He managed the delivery of erosion control products, installed sediment control systems, and ensured all materials met stormwater compliance standards. He also tracked site closeout, restoration stabilization, and BMP performance.

BMP Implementation, Natural Bridges | PG&E, Santa Cruz, CA 2025 Project Manager. Mr. Tanner managed BMP implementation in environmentally sensitive coastal terrain, including the installation of fiber rolls, erosion control blankets, and slope stabilization products. He supervised site inspections, prepared documentation for environmental agencies, and coordinated rapid response to storm-triggered maintenance needs
BMP Implementation, Casswall | PG&E, NAPA, CA 2024
Project Manager. Mr. Tanner directed BMP implementation for urban utility access work, overseeing the installation of perimeter controls, gravel bags, and storm drain inlet protection. He managed city coordination, integrated traffic control measures, and ensured environmental documentation met compliance requirements.

BMP Implementation, White & Wibble | PG&E, CA 2024
Project Manager. Mr. Tanner supervised full BMP implementation for utility trenching operations, including dust suppression, perimeter controls, and daily stormwater compliance documentation. He coordinated with environmental monitors and ensured all installation standards were met.

BMP Management, High St Alameda | PG&E, Alameda, CA 2024 Project Manager. Mr. Tanner led erosion control and vegetation management BMPs in a constrained urban environment, coordinating traffic control, public safety measures, and BMP installation along sidewalks, curbs, and roadside assets. He completed the project with minimal disturbance and full regulatory compliance BMP, Environmental Compliance, Stormwater Services, and Biological Services | LA Metro, sub to TRC Project Manager. Mr. Tanner managed landscape BMPs for transit infrastructure, including slope stabilization, weed abatement, and sediment control. He oversaw vendor coordination and quality assurance for seed mix selection, mulch application, and erosion control matting.

BMP, Dunbar Rd Glen Ellen | PG&E, Glen Ellen, CA 2024
Project Manager. Mr. Tanner executed slope stabilization and BMP controls for wildfire recovery zone. Included fiber roll installation, hydroseeding, and gravel access road stabilization. Maintained environmental compliance across multiple storm events.

Disaster Recovery Support for California | Department of General Services (DGS), Santa Monica Area, Los Angelos County, CA January 2025
Project Manager. Mr. Tanner oversaw the logistics and delivery of 28 semi-trucks carrying Best Management Practices (BMPs) to support the California Department of General Services (DGS) after the Los Angeles wildfires.

He ensured timely deployment, coordinated weekend and night operations, and managed the distribution of 8 oz. Non-Woven Gravel Bags for sediment control. His leadership helped ensure an efficient and effective disaster recovery response.

CZU Lightening Complex Wildfire Emergency Response BMP and GIS Support | PG&E, Santa Cruz County, CA 2024
Mr. Tanner, as Project Manager, managed BMP installation, inspection, and maintenance in the CZU Lightning Complex wildfire-affected area in Santa Cruz County, ensuring compliance with multi-agency regulations. He 953
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oversaw operations in remote and challenging terrain, directed teams in weekly assessments and storm-related inspections of BMPs and Wildfire Risk Management (WRM) sites.

Selected Prior Experience
Operations and Project Manager | High 5 Builders – Livermore, CA 2020 - 2024 Lead and oversee construction projects from initiation to completion, ensuring they meet quality, budget, and timeline objectives. Developed project plans, schedules, and budgets, and monitored progress throughout the project lifecycle. Coordinated with stakeholders, including architects, engineers, contractors, and subcontractors. Identified and mitigated project risks and issues, implementing solutions to keep projects on track. Streamlined and optimized operational processes to enhance productivity and cost-effectiveness.

Managed resource allocation, including personnel, equipment, and materials, to support project needs.

Implemented and improved safety protocols, ensuring a secure working environment. Fostered a culture of continuous improvement to increase overall operational efficiency. Conducted on-site inspections to monitor construction progress and adherence to design specifications. Addressed any construction-related issues, including quality control and safety concerns. Collaborated with the construction team to resolve challenges and discrepancies. Ensured compliance with all relevant regulations and building codes. Led a team that completed a complex spray foam insulation two weeks ahead of schedule and 20% under budget during a holiday weekend, resulting in client accolades and minimal impact to client production. Implemented rigorous safety protocols that resulted in an accident-free record on multiple projects over the last 3 years Field Artillery Sensor Support man | United States Marine Reserves – Seal Beach, CA 2014 - 2020 Installed and set up various field artillery sensor systems, which may include radar, GPS, and meteorological sensors. Ensured proper positioning and alignment of sensors to maximize accuracy and data collection.

Collaborated with artillery crews to integrate sensor systems into their operations effectively. Performed routine maintenance on sensor equipment to keep it in optimal working condition. Diagnosed and troubleshoot technical issues, conducting necessary repairs or replacements. Keep detailed records of maintenance and repair activities. Calibrate sensor systems regularly to maintain accuracy and reliability.

Conducted testing to verify the functionality and precision of sensors. Collected, analyzed, and reported sensor data to artillery teams to aid in firing solutions. Maintained data records and provided reports to higher-ranking personnel. Ensured data security and compliance with military protocols. Trained artillery personnel on the proper use and care of sensor equipment. Provided technical support and guidance to resolve sensor-related issues during field operations. Stay up-to-date with emerging sensor technologies and industry best practices.
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Areas of Expertise
 Underground Construction
 Trench Digging
 Utility Repairs
Prior Professional Experience
 Pipeline Laborer | Underground
Construction – Benecia, CA 2021 -
Ongoing
 Pipeline Foreman | ARB PSC –
Pittsburg, CA 2021
 Laborer Foreman | Cupertino
Electric – San Jose, CA 2020
Michael Cipriano
Construction Superintendent
As the Construction Superintendent at S2S, Michael Cipriano is a highly skilled and dedicated professional specializing in underground construction, utility repairs, and pipeline labor. With over 33 years of experience, Michael has developed a strong reputation for his expertise in grading, excavation, trench digging, maintenance, and repair, as well as the installation of complex components, such as sleeves and clock springs for damaged pipelines. His comprehensive understanding of construction processes and safety standards has been instrumental in the successful completion of numerous projects.

Michael's leadership skills are exemplified through his role as a foreman, where he has successfully led teams on large-scale projects, ensuring that all phases of construction are executed efficiently, safely, and within budget. His ability to manage crews, delegate tasks, and provide clear direction allows for optimal productivity while maintaining a high level of morale among workers. He consistently focuses on minimizing project delays, streamlining workflows, and maintaining strong communication with stakeholders to ensure projects remain on schedule.

In addition to his leadership abilities, Michael is well-versed in implementing and enforcing safety protocols. He is proactive in identifying potential hazards and developing safety plans to mitigate risks before they arise. His dedication to maintaining a hazard-free environment has led to consistently positive safety audits and reduced workplace incidents.

Select Prior Experience
Pipeline Laborer | Underground Construction – Benecia, CA 2021 - Ongoing
Mr. Cipriano's extensive experience as a pipeline laborer encompasses a range of crucial tasks vital to the upkeep and repair of underground infrastructure. He adeptly installs sleeves and clock springs on damaged and corroded pipes, demonstrating precision and technical proficiency. Additionally, Mr. Cipriano conducts routine maintenance on pipelines, ensuring optimal functionality and longevity. His expertise extends to pot holing techniques for accurately identifying lines, facilitating efficient workflow and project planning. Furthermore, he is skilled in hand digging and shoring excavation, essential for accessing and repairing underground systems safely. Mr. Cipriano's dedication to cleanliness and order is evident in his meticulous approach to general cleanup tasks at job sites. Moreover, he efficiently handles backfill and compact excavation operations, utilizing specialized equipment like Wacker and remote compactors to streamline the process. 955
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Pipeline Foreman | ARB PSC – Pittsburg, CA 2020 - 2021
Mr. Cipriano demonstrated exceptional leadership and managerial skills. He developed comprehensive plans aimed at enhancing the efficiency of workers, ensuring smooth workflow and timely project completion. Mr.

Cipriano efficiently sourced suppliers and procured necessary materials, facilitating seamless operations on site. With a keen focus on safety, he meticulously inspected equipment and tools, prioritizing the well-being of the team. His proactive approach extended to overseeing daily operations, maintaining optimal productivity levels, and closely monitoring job progress. Additionally, Mr. Cipriano took on the responsibility of conducting daily safety meetings, emphasizing the importance of adherence to safety protocols. Through his hands-on involvement as a working foreman, he effectively coordinated tasks, addressed challenges, and upheld high standards of performance, contributing to the overall success of the projects under his supervision.

Laborer Foreman for Distribution Gas Line | Cupertino Electric – San Jose, CA 2019 - 2020 Developed and executed plans aimed at optimizing worker efficiency, ensuring tasks were completed promptly and effectively. By closely observing workers, he promptly identified issues and implemented corrective measures to rectify errors, fostering a culture of continuous improvement. Mr. Cipriano prioritized safety by meticulously inspecting equipment and tools, resulting in an exemplary safety record and minimal accidents. Through effective communication and motivation, he inspired team members to achieve challenging project targets without compromising on quality standards. Additionally, Mr. Cipriano utilized his proficiency in operating heavy equipment to facilitate the movement of supplies and machinery, contributing to streamlined operations. He also coordinated timely supply deliveries, ensuring uninterrupted workflow and efficient project execution. Furthermore, Mr. Cipriano played a pivotal role in training workers in proper methods, equipment operation, and safety procedures, enhancing overall team competence and performance. His expertise extended to restoration work involving concrete and asphalt, further highlighting his versatility and proficiency in diverse construction tasks.

Pipeline Foreman | UCSC Learning and Support Services – Pittsburg, CA 2011 - 2019 Mr. Cipriano played a pivotal role in ensuring the efficiency and safety of construction projects. He provided comprehensive training to workers, emphasizing proper methods, equipment operation, and safety procedures, thereby fostering a skilled and competent workforce. Mr. Cipriano actively contributed to maximizing worker efficiency by creating and implementing strategic plans tailored to project requirements.

He maintained a proactive approach by offering constructive feedback to workers, addressing performance issues promptly, and reinforcing safety protocols. Furthermore, he closely monitored job progress and employee performance to ensure projects were completed within established deadlines. With a keen eye for detail, Mr. Cipriano conducted regular inspections of equipment and tools to guarantee safe and effective operation. Additionally, he oversaw daily operations on site, orchestrating activities to maintain an optimal pace of production while upholding safety standards. His hands-on involvement extended to performing essential tasks such as installing sleeves and clock springs on damaged pipes, conducting general maintenance of pipelines, pot holing to identify lines, and overseeing hand digging and shoring excavation. Moreover, Mr.

Cipriano managed general clean-ups and coordinated backfill and compact excavation operations using specialized equipment like Wacker and remote compactors. His proficiency in operating heavy machinery, including Gradall and street sweepers, further contributed to the smooth execution of construction projects under his supervision.
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Areas of Expertise
 Stormwater BMPs
 Restoration
 Landscaping and Irrigation
 Customer relations
 Sports fields
Formal Education
 AA Ornamental Horticulture,
Diablo Valley College, Concord
1982
Prior Professional Experience
 President and Founder |
Planned Environments, Inc. –
Location 1999 - Present
 Construction Manager|
Randall Blake – Martinez
 1986 - 1999
Awards/Certifications
 State of California, General C27 Contractors License #771379
 Certified Landscape Technician
in maintenance, irrigation, and
construction with advanced
endorsements in carpentry,
irrigation, and concrete.
 Bay Friendly Landscape
Certified
 40 years in the erosion control
and landscape industry
David Wolkenhauer
Construction Operation Manager
David Wolkenhauer is a highly experienced Construction Operations Manager with over 40 years of hands-on expertise in environmental resource management and restoration projects. Currently at S2S, David plays a critical role in overseeing large-scale restoration initiatives for public clients, utilities, and private sector organizations, ensuring that projects align with both environmental standards and client expectations.

His leadership is defined by a proven track record of delivering complex projects on time and within budget, even under tight deadlines and challenging conditions. David's strategic approach blends effective team management, deep technical knowledge, and a passion for environmental sustainability, resulting in projects that meet operational goals, while contributing positively to the community and environment.

David's commitment to fast, safe, and reliable service stands out in the industry. Whether managing urgent requests or executing longterm projects, he and his team consistently exceed expectations. He has established a reputation for completing same-day service requests and resolving high-pressure issues with speed and precision.

Over the course of his career, David has forged strong, lasting relationships with an array of high-profile clients, including utility companies, sports teams, and municipalities across Northern California. His collaborative approach to project execution ensures that stakeholders—internal teams, clients, and external partners— are aligned and consistently informed.

Select Project Experience
San Bruno Mt. West Peak | PG&E – San Bruno, CA 2019
Project included planting 1,500 contract-grown trees and shrubs, wildlife protection cages, and maintenance including hand watering.

Project completed in 2019.

Parkway Moraga 20/114 Emergency Tower Work SWPPP | PG&E – Orinda, CA 2018
S2S/PEI was contacted on February 18, 2017 (Saturday) by PG&E’s Michael Wagoner to install emergency BMPs at the Parkway Moraga 20/114 Emergency Tower Work project. A recent landslide and continued heavy rain conditions had impacted East Bay Municipal Utilities District (EBMUD) property where PG&E towers were located and impacted the stability of the towers.
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PEI maintained the BMPs throughout the project and repaired the damaged water line utilized by the rancher that ran from the water tower at the top of the project down the access road (buried underground parallel to the access road) because it had also been damaged during the naturally occurring landslide and during the tower repair activities by the construction crews. PEI also applied hydroseed to areas that required vegetation regrowth and restored/smoothed ruts in the access road by applying rock to the affected areas.

Green Valley Restoration | PG&E – Fairfield, CA 2015-2018 During the late spring of 2014, an unmarked city water line was ruptured by a Horizontal Directional Drill (HDD) during the relocation of utilities associated with a highway widening project in Fairfield, CA, which caused bank erosion at several locations along a 175 ft section of the stream which is habitat for Steelhead Salmon and California Red Legged Frog. During The break in the water pipeline caused a release of approximately 1,000,000 gallons of clean water to Green Valley Creek. This water release caused bank and slope erosion with minimal sediment depositing into the creek bed. PEI worked to plant over 500 willow wattles harvested from adjacent cite. PEI and S2S worked with the utility, the City of Fairfield, the California Department of Fish and Wildlife (CDFW), the Regional Water Quality Control Board (RWQCB), and the United State Army Core of Engineers (USACE) to design and construct a restoration project that would stabilize and restore the eroded creek bank.

Diablo Energy Solar Storage Construction Biological Support | Confidential Client (Sub to TRC) – Pittsburg, CA 2020-2021
Project supporting construction of the Diablo Energy Storage Project to build stand-alone lithium-ion battery energy storage resources totaling approximately 200 MW and transplanting an ongoing pickleweed restoration. Scope of support included pre-construction biological support, WEAP training, exclusion fencing, vegetation clearing and maintenance and daily biological monitoring. Species monitored in compliance with project permits include salt marsh harvest mouse (Reithrodontomys raviventris) and nesting birds.

NASA Ames | NASA, Santa Clara County, CA – 2022 - present PEI worked with S2S this year on restoration site maintenance including weeding and transplanting of pickleweed in this sensitive marsh habitat in the SF Bay. The growing vegetation provides contiguity of habitat between AOI 14 and adjacent marshes, which are used by native birds and wildlife including the endangered salt marsh harvest mouse. The results have been included in a comprehensive Annual Report complete with cover calculations. Twice this year our team members conducted maintenance efforts including the removal of invasive plants such as slenderleaf iceplant from wetland and transitional sites, making room for a greater abundance of native plants to proliferate during the rainy season and future seasons.

R-649, R-700, R-707 Bundle | PG&E – Livermore
Planned Environments supported PG&E’s stormwater and biologist teams on this large and complicated project. The project ran through multiple landowners’ properties as well as multiple sensitive habitats. We installed over six miles of fencing that we designed with PG&E biologists and stormwater professionals. This fencing served two purposes: biological exclusion for California Tiger Salamander, and as a silt fence. Serving both needs with one fence saved both time and money. Additionally, we designed a new reusable escape funnel, which both sped up the process and proved to be very economical and efficient. We installed over 600 on the project. This project also required the installation of 14 miles of fiber roll, 15 acres of hydroseed, and 10 miles of delineation fencing. We worked closely with both pipeline contractors, the landowners, and PG&E’s Environmental group.
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T-1199 | PG&E – Hollister
Planned Environments supported PG&E’s biological team on this project. We worked with S2S biological monitors excavating over 2,000 suspected California Tiger Salamander burrows. Since the project was extremely time sensitive, we provided seven teams with excavators working simultaneously. Each team consisted of an excavator with operator, two ground crew members, and a biologist. 959
Bancroft Key Personnel
As a subcontractor to Surf to Snow Environmental Resource Management (S2S), Bancroft Construction Services will provide construction support services under this contract. Bancroft has demonstrated reliability and technical capability on past joint projects and will support scopes requiring additional labor capacity or trade-specific expertise, as needed.

Richmond City CouncilNovember 18, 2025

Richmond City Council
November 18, 2025