Agenda — Richmond City Council, December 16, 2025 (part 8 of 12)

December 16, 2025
Police Department
DATE: December 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Timothy Simmons, Assistant Chief of Police
SUBJECT: Contract with Bay Marine Boatworks Inc. dba Svendsen's Bay Marine to Provide Repair and Maintenance Services
FINANCIAL IMPACT: The proposed total three-year expenditure of $300,000 with the option for one two-year extension of $200,000 is included within the approved Fiscal Year 2025-2026
Police Department budget and will be budgeted
accordingly in subsequent fiscal year budgets (Account
String: 01194021 - 400501).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Richmond Police Department’s vessels “Liberty” and
“Rescue” are essential in responding to emergencies,
providing security to high-asset locations (Port of
Richmond, Chevron Refinery, S.F. Bay Ferry, and
Richmond/San Rafael Bridge), and preventing derelict
vessels from illegally mooring on the shorelines of the City of Richmond. Both vessels need repairs and ongoing maintenance.

RECOMMENDED ACTION: APPROVE a three-year sole source contract with Bay Marine Boatworks Inc. dba Svendsen's Bay Marine to
provide repair and ongoing maintenance services for a
total contract amount not to exceed $300,000, for a
three-year term effective December 17, 2025, through
December 16, 2028, with one two-year extension options
not to exceed an additional $200,000, for a total contract up to $500,000 – Police Department (Assistant Chief
AGENDA
REPORT
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December 16, 2025
Timothy Simmons 510-620-6651/Lieutenant Joseph
England 510-620-6661).

DISCUSSION:

The Richmond Police Department’s (RPD) police vessels known as “Liberty” and “Rescue” are crucial assets for the safety and security of the citizens and visitors of Richmond. The City of Richmond has 32 miles of shorelines, that comprise of very high security assets, that include the Port of Richmond, Chevron Refinery, San Francisco Bay Ferry, and the Richmond/San Rafael Bridge. Richmond waterways also include many residents whom live on the waterways. The Richmond Police Department’s vessels also play a pivotal role in community events, like the 3rd of July fireworks show and deterring illegal mooring/anchoring on the Richmond shorelines.

Police boat “Liberty” is a 37-foot duel jet drive catamaran hulled vessel, built in 2013, powered by two Cummins diesel engines. The vessel is equipped with technology, including Lowrance Radar, Lowrance Sonar, Global Positioning System (GPS), Forward Looking Infrared (FLIR) Infrared Camera, and High-Intensity Search Lights. Police boat “Rescue” is a 28-foot aluminum hulled vessel, built in 2002, powered by two Kawasaki outboard engines (225 HP). The vessel is equipped with technology, including Lowrance Radar and a High-Intensity Search Light.

These vessels are stored on boats lifts in the Marina Bay Harbor and are subject to saltwater corrosion. Over time, these vessels have been subject to corrosion on the hulls and decks of the vessels due to the saltwater elements. This includes vessel paint chipping away and corrosion pitting on the hulls of each vessel. Neglecting these issues is compromising the effectiveness and safety of emergency response and prevention on the waterways of the City of Richmond. Richmond Police Department staff rely on these vessels to be ready in a moment’s notice. These vessels also have important equipment, like the FLIR system, sonar system, VHF radios, and navigation systems that need repair or upgrading for effective response to critical incidents.

Given these concerns, the department reached out to Moose Boats, LLC, “Liberty” vessel manufacturer, for repair services for this unique non-trailered vessel. Moose Boats LLC was unable to undertake the project and instead recommended Svendsen’s Bay Marine, a local Richmond vendor authorized to service the hull, Cummins engines, and other onboard technology. The vendor has extensive experience in marine repair and maintenance, to include servicing vessels for the U.S. Coast Guard, and has demonstrated proficiency in handling complex systems and equipment in law enforcement vessels.

The RPD seeks City Council approval for a sole-source repair and maintenance contract with Svendsen’s Bay Marine. This vendor is recommended by the boat manufacturer and is identified as the only local provider capable of performing the required work (Attachment 1). Selecting a sole-source vendor ensures that all repairs 1238

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December 16, 2025
are completed in accordance with the manufacturer’s specifications for both vessels, which is critical for maintaining vessel integrity and safety.

Using any other vendor presents several risks. Contracting with a non-local provider would require transporting the vessels by trailer; however, the Police Department does not have trailers for either vessel, nor an adequate towing vehicle to transport Liberty by roadway. Transporting the vessels by water to a marina outside the area could also be dangerous, especially in the event of catastrophic hull or engine damage. These factors increase both safety risks and operational costs.

Svendsen’s Bay Marine eliminates these challenges because both vessels can be transported by water to their facility. In addition, the company currently services the Fire Department’s vessel, Victory, and has demonstrated expertise in maintaining the complex systems found on these vessels, including twin diesel turbo engines, advanced radar, sonar, Forward Looking Infrared (FLIR) cameras, and GPS technology.

Svendsen’s Bay Marine has outlined the services they will provide, including engine inspections, repairs, maintenance, addressing/correcting corrosion, and technology equipment repairs and/or replacement (Attachment 2). Providing essential repair and maintenance will keep Richmond Police vessels on the waterways to ensure public safety. The RPD requests that the City Council approve the repair and maintenance contract so that the department may authorize the vendor for the repairs and maintenance of our police vessels as needed.

DOCUMENTS ATTACHED:

Attachment 1 – Sole Source Justification Form
Attachment 2 – Standard Contract
1239
1240
1241
10 27 2025
1242

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

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

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

FY total compensation shall not exceed $
FY total compensation shall not exceed $
FY total compensation shall not exceed $

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with Exhibit A:

Service Plan which is attached hereto and incorporated herein. [ ] A California corporation , [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]______________________________ [ ] other [specify:]__________________________________
Police Lt. Joseph England [email protected] 510-620-6661 6144 7744 Richmond Police Department's boat(s) repair services and maintenance. 300,000 Bay Marine Boatworks Inc. dba Svendsen's Bay Marine 310 W Cutting Boulevard Richmond, CA 94804 Allison Mezzera 510-806-7757 [email protected] 40004802 ✔ December 17, 2025
December 16, 2028
1243

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

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

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

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

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

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
By:

Title By:

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

By:

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

By:

By: Title:

City Attorney
Date Signed:

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
Bay Marine Boatworks Inc. dba Svendsen's Bay Marine
1244
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]:
7744 Bay Marine Boatworks Inc. dba S
Bay Marine Boatworks dba Svendsen's Bay Marine will perform repair services and maintenance to Richmond Police Department boat(s) pursuant to the specifications and instructions of the Project Manager as outlined in the quote, attached hereto. Please see Exhibit A-1 for additional details. 1245
NORTHERN CALIFORNIA'S PREMIER BOATYARD!
DM #: 01324
Owner: City Of Richmond - A/P
Richmond Police Maritime Unit
450 Civic Center Plaza, #4046
Richmond, CA 94804
Manager: Lieutenant Joe England #1711
(510) 620-6661
[email protected]
Boat DM #: 06422
Subject: Liberty 37' Mooseboat
Budgeting for Bids
Suzuki 250HP
25003F-111326 / 25003Z-210041
Twin Hamilton Jets
Quote/Est #: 25-0795 Revision 1
Attn:
1 Haul Out $ 555.00
* Haul vessel with 2 straps
* Pressure wash and properly dispose of growth. If excessive growth present on the hull, a $60/bag clean up fee may be added to the invoice.
* Securely block vessel
* Launch vessel with 2 straps
2 Prepare and Paint Underwater Body $ 4,306.05
* Tape off waterline
* Inspect hull for corrosion damages. Provide estimate for mechanical prep or sandblasting if necessary.
* Prepare underwater body from keel to waterline with single pass abrasion to intact paint * Roll 1 spot coat of International Interthane 300V primer on bare spots as necessary * Roll 2 coats of International Interspeed 5640 black anti-fouling paint to underwater body from keel to waterline. Color will be matched to existing, unless otherwise requested at the time of haul out.
* Move support stands after paint dries
* Prepare and paint pad areas
* Keel blocks will be prepared and painted during the launching process and may not dry completely. If repositioning of the vessel is requested, an additional Travelift fee of $300 will be charged.
* Quotation does not include structural repairs to the hull, blister repairs, or removal of heavy growth
* Cleaning of running gear, if requested, will be priced separately * All material is yard furnished
October 21, 2025
JETS:

Hours:

City Of Richmond - A/P
Serial #:

The following prices are firm for the work, unless otherwise stated:

OUTBOARD:

Serial #:

Hours:

Svendsen's Bay Marine
310 W. Cutting Blvd., Richmond, CA 94804
Office (510)237-0140, Fax (510)237-2253, Chandlery (510)237-7960 EXHIBIT A-1
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25-0795 Liberty 37 Mooseboat RPD - Revision 1
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* SEE BLAST AND PAINT FOR FULL REMOVAL OF ALL PAINT. IF APPROVED IT WILL SUPERSEDE THIS ITEM.
3 Jet Drive Preparation and Paint $ 4,084.50
* Pressure wash jet drive components and housings
* Set site protection and mobilize spray equipment
* Spray 1 spot coat International Intersheild 300V on accessible jet drive components and housings
* Spray 1 coat International Interspeed 5640 anti-fouling on accessible jet drive components and housings
* Remove site protection and de-mobilize spray equipment * All material is yard furnished
4 Port and Starboard 2000 Hour Hamilton Jet Service $ 3,360.00 * Visually inspect general condition of complete port and starboard jet units * Grease steering shafts, bushings, and cranks
* Grease driveshafts
* Grease thrust bearings
* Remove, clean and reinstall intake grates
* Inspect impeller blades for clearance and damage
* Inspect general condition of marine bearing
* Provide quotation for additional repairs as determined by the inspection reports * All material is yard furnished
5 Replace Port and Starboard Waterjet Anodes $ 2,335.20 * Disassemble port and starboard waterjets
* Procure new waterjet anodes
* Remove and replace all waterjet anodes
* Reassemble port and starboard waterjets
* All material is yard furnished
6 Replace Hull Zincs $ 414.75
* Remove and replace (4) zincs as needed
* All material is yard furnished
*
7 Twin Susuki 250hp Outboard Inspection $ 1,134.00
Cal West Marine Services - Subcontractor
* CLAIM: There is an issue with the neutral switch
* Perform inspection to diagnose cause of customer claim, then report condition found * Provide estimate for repairs as needed
* Estimate assumes work area is readily accessible and free from interferences 8 Twin Susuki 250hp Outboard Service $ 3,717.00
Cal West Marine Services - Subcontractor
* Perform basic engine services on the twin outboards per manufacturer specifications * Engine hours must be provided in order to provide the correct maintenance schedule pricing. This is a preliminary estimate based on basic services.

All materials are yard furnished
9 Replace Electronics $ 73,588.90
Reliable Marine - Subcontractor
* Procure the following electronics (Shipping costs included):
* Axiom2 Pro 12 RVM (primary display, replaces Navnet 3D) * Axiom2 Pro 9 S (secondary display, used for FLIR)
* Quantum 2 Q24D Doppler 18" Radar with 15m Power and Data Cable * Pack of RVM-412 RealVision 3D Stainless Steel Thru-Hull Transducers EXHIBIT A-1
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25-0795 Liberty 37 Mooseboat RPD - Revision 1
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* M364 Single Payload 640 Thermal Camera, 24-deg HFoV (does not include JCU), 30 Hz
* Joystick Control Unit (JCU4) for Maritime Cameras
* Spotlight; RCL-100; Nine LED Array; White; 360 Degree Continuous Rotation * Spotlight; 60 Watt LED; White Rectangle Housing; 10 To 30 Volt DC; 6000 Lumens * CAM210 Bullet CCTV Day and Night Video Camera (IP Connected) * Ray73 VHF Radio with GPS, AIS Receiver and Loudhailer Output * 156 MHz (Marine Band) VHF 6dB Antenna "Hot Rod" 156HD * RNS-5 - 5 Port RayNet Gigabit Switch
* RayNet (F) to RayNet (F) cable - 5m
* Miscellaneous networking components & installation materials * Install new chart plotters, radar, FLIR, searchlight, side lights, backup camera, VHF, and antennas.
* Perform sea trial to check calibrations, offsets, and alignments * Electronics to be completed by Reliable Marine Electronics. Transducer installation to be completed by Bay Marine.
10 Install Transducers $ 1,554.00
* Remove interior interferences if necessary
* Mark and layout location for subcontractor furnished Sonar and FLIR transducers, per direction from Subcontractor
* Cut out hole and dry fit transducers
* Apply adhesive caulking and install transducers
* Wiring removal and installation will be completed by Subcontractor - if assistance is requested, a quote will be provided
* Clean up work areas
* Hull modifications, if required to accomodate tilt, or fairing blocks, will be priced separately * Quotation assumes hardware is readily accessible and free from interferences * All material is yard furnished
11 Blast and Paint Topsides, Cabin, and Underwater Body $ 59,858.75 Note: Wing fender removal is not included in this estimate - if fender removal is desired by customer, it will be priced separately
* Mobilize blast equipment
* Shroud vessel and set up site protection, include protection over the deck * Mark existing paint scheme
* Sandblast underwater body from keel to waterline, topsides from waterline to bottom edge of fender, and cabin starting at bottom corner at deck and above to SSPC-SP6 standard
* Inspect all surfaces for holes, damage, and corrosion. Repairs, if necessary, will be priced separately
* Clean and properly dispose of sandblast grit in accordance with federal, state and local regulations
* Remove shrouding, site protection, and blast equipment * Roll 2 full coats of Blue Seal (base and top coat) to underwater body from keel to waterline
* Spray 1 full coat of Intershield 300V to topsides and cabin area prepared to SSPC-SP6 standard
* Spray 1 full coat of Intershield 300V to topsides, cabin, and underwater body * Roll (2) full coats of E-Paint SN1 black to underwater body * Spray (1) full coat of AwlGrip (exact color TBD) to topsides and cabin * Procure and install new decals on cabin
* Reposition vessel to move paint stands and keel block areas * Prepare pad areas to SSPC-SP3 standard
* Paint pad areas with same coating sequence
* Clean up work areas
* All material is yard furnished
EXHIBIT A-1
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25-0795 Liberty 37 Mooseboat RPD - Revision 1
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Total, less sales tax (if applicable): $ 154,908.15
Total Estimated Sales Tax (subject to change based on actual parts used on the project): $ 1,911.98
TOTAL CONTRACT, WITH ESTIMATED SALES TAX: $ 156,820.13
EXHIBIT A-1
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a)
b)
c)
d)
e)
All Offsite Work, Onsite Basic Mechanical, and Specialized Systems Labor Rates:

Straight Time: ……………... $164.00 per hour, consumable material included Overtime: …….................... $246.00 per hour (from 8 to 12 hours in one day) Double time: ....................... $328.00 per hour (over 12 hours in one day) For all work of greater than two weeks duration a progress payment based on the percent of work complete will be due in assured funds within 30 days from date of invoice.

Subcontractor and Equipment Rental:. Retail pricing as needed Crane: ………………………………..... $355.00 per hour, with a half hour minimum Forklift & Manlift: ……………………… $155.00 per hour, with a half hour minimum Scaffolding: ……………………………. $200.00 per week (For DIY projects only. Assembly and Dismantling not included)
Equipment fees will be charged on an as needed basis. Only SBM employees may operate the forklift and crane.

Onsite Rigging, Systems, General Mechanical, Welding, and Craftsmen Labor Rates:

Straight Time: ……………... $149.00 per hour, consumable material included Overtime: …….................... $223.50 per hour (from 8 to 12 hours in one day) Double time: ....................... $298.00 per hour (over 12 hours in one day) All Repower Mechanical Labor Rates:

Straight Time: ……………... $179.00 per hour, consumable material included Overtime: …….................... $268.50 per hour (from 8 to 12 hours in one day) Double time: ....................... $358.00 per hour (over 12 hours in one day) Onsite Material and Equipment Rates:

Job Used Material: …………................ Retail pricing, as needed Onsite General Labor, Bottom Preparation and Paint Rates:

Straight Time: ……………... $134.00 per hour, consumable material included Overtime: …….................... $201.00 per hour (from 8 to 12 hours in one day) Double time: ....................... $268.00 per hour (over 12 hours in one day)

6. SBM is authorized to operate the vessel for purposes of the vessel’s testing, inspection and delivery, and to haul the vessel out of the water for purposes of the work using the slings of its Travelift and its other customary equipment.

2. Except as otherwise specified above or as specifically agreed to in writing by a SBM authorized representative, all work is performed on a fixed price basis. Any projects, including work resulting from unanticipated conditions, from owner’s failure to comply with its obligations under this Contract, and from changes in and additions to work which was originally quoted, may be charged on a regular time and materials basis. Time and materials include (a) labor at SBM's yard labor rates, and (b) project materials, (c) yard used consumables and (d) subcontractors and specialized equipment rental (if any) at retail pricing.

1. Please carefully read the SBM Standard Contract Terms below. These terms are part of the offer being made by this quotation letter, are included in our contract, and include various liability limitations which you should understand. Our contract ("Contract") consists of this quotation, the SBM Standard Contract Terms, the SBM Safety Requirements, and any Exhibits to either, regardless of whether any of them are initialed or attached. Our Contract does not include any other documents (or any other or different terms) unless specifically agreed to in writing by a SBM authorized representative.

5. Owner will deliver the vessel to SBM at its Richmond facility on a mutually agreeable starting date and time and take delivery at the same location upon completion of all authorized work. A two hour time window will be given prior to haul out.

If vessel does not arrive prior to or during the window, the haul out may need to be rescheduled.

3. Payment terms are as follows:

The entire balance of all amounts owed SBM are due and payable in assured funds Net 30 from date of invoice.

Except as otherwise specifically agreed to in writing by SBM's authorized representative, assured funds are credit card, wire, cash or equivalent. (i) Payments made by international or domestic wire transfer may be subject to processing fees. (ii) Check acceptance is subject to the following terms (a.) confirmation of identity, (b) complete address, (c) must be an existing account, (d) must be dated with date of payment, no post/pre dates, (e) must be an in state check.

Any deposits will be credited against the final payment(s) due.

Owner shall pay interest on any past due amount, including progress payments, from due date until paid. In addition, if any payment is not made within 5 business days after the date due, Owner shall pay a late charge of 10%. See Sec. 4 of the SBM Standard Contract Terms below for details.

4. An Environmental and Safety fee of 5% is included on all labor and goods purchased.

Weekly progress invoices may be processed on all DIY work and if SBM scope of work is delayed due to owner circumstance, including pending insurance claims.

EXHIBIT A-1
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By:

15. The person signing the Acceptance below represents and warrants: that he or she is either the vessel's owner or master, the owner’s appointed agent or officer, or a person entrusted with management of the vessel at the port of supply, in all cases acting with the full authority of the vessel's owner (the "Owner") to enter into and legally bind the Owner and the vessel to this Contract; and that no approval or consent of any other person, whether with or without Owner or the vessel, is required.

14. This quotation is valid for 30 days. Within that time period, if SBM has not yet received your acceptance, SBM may terminate the offer or revise the offer to meet changed conditions. At the end of that time period, the offer terminates.

13. The price does not include sales, use, value-added or other taxes applicable to the price, sale or use by SBM or owner, which taxes shall be paid by owner in addition to the Contract price. Current Richmond sales tax will be applied. For a vessel owner to avoid paying California sales tax, a Watercraft Exemption Certificate or Resale Certificate signed by the an authorized representative, must be received prior to the start of the Contract.

12. SBM's liability is subject to the limitations in Sec. 7 of the SBM Standard Contract Terms below. These are important terms which you should read and understand.

Layday and storage fees may be charged on days when (a) No SBM contract or change order work has been approved, (b) Do It Yourself (DIY) work interferes with SBM work, (c) SBM work is completed and DIY work delays launch of vessel, (d) No SBM work is being performed, (e) Owner awaiting insurance claim approval, (f) SBM is awaiting deposits or payment on past due amounts to commence with project.
*Laydays charged at a rate of $5.00/foot/day (hauled), and $3.00/foot/day (docked)

7. Docking plans must be made available by owner of vessel for all vessel's 70' and over, and/or in excess of 80 tons,

8. Storage and layday needs not written onto the contract should be discussed with your Project Manager prior to arrival.

Unscheduled or unapproved laydays may be charged at twice the rates noted.

If the Owner is non-responsive and/or deliquent on payments after 30 days, SBM may increase the layday rate to $10/ft/day and may increase the layday rate by $5/ft incrementally each month. Customer agrees and confirms that SBM has a perfected lien on Customer’s vessel under California state law and under the United States general maritime law for all charges incurred under SBM contracts and/or change orders, including charges for storage and laydays, as well as interest thereon at the rate of 18% per annum.

Estimating and Contracts Supervisor
Svendsen's Bay Marine
Sincerely,

16. You may accept our offer by completing the blanks below, signing, and returning the Quotation Letter or Acceptance signature page to Svendsen's Bay Marine by any means convenient to you. If you have any questions, please call our office. We appreciate the opportunity to earn your business.

Allison Mezzera
Allison Mezzera

9. Inform office upon check in if you would like shore power. Standard 50 or 30 amp single phase power is provided at no charge. Other power requirement connections may be priced separately. Owners must furnish shore power cords. Please be advised that all shore and standard electrical receptacles are equipped with GFCI protection. These safety devices are sensitive and may trip at any time. Svendsen's Bay Marine is not responsible for lost or damaged on-board goods.

10. Vessel owner or representative must request for storage of parts prior to commencement of work. Removed boat parts will be disposed of at completion of project unless otherwise requested by owner. Additional charges for storage and/or disposal will apply.

11. Owner can purchase material from the chandlery and charge to their open Work Order. A list of crew members eligible for purchasing material must be provided to the office. SBM is not responsible for determining if vessel crew members are allowed to purchase toward the account. Owner will be liable for all owners materials applied to the Work Order. The account will be closed on the date of project completion. Any additional items purchased after the invoice has been paid, will be completed as an over the counter sale. *Mast storage at a rate of $30.00/day (on carts), and $15.00/day (on rack) EXHIBIT A-1
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(Print exact legal name of owner/person holding title.) YES
NO
The above quotation does not include a prior inspection of the vessel for the haul out or its operation by SBM. Absent an inspection, the Owner bears the risks of undiscovered and unknown conditions of the Vessel. (I am the Vessel's owner or master, or the Owner's authorized agent or officer, or a person entrusted with management of the Vessel at the port of supply.) Owner's Materials: Please provide a list of names of those eligible to purchase material from the Chandlery throughout the project. If Crew Member is not on the list, permission will need to provided by the owner prior to purchase. ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ Owner represents and warrants that the Vessel is operable and seaworthy and the Vessel has sufficient structural integrity and is otherwise in adequate condition to be hauled out without damage. Owner accepts the risk that the Vessel is not as represented, including the risks of undiscovered and unknown conditions, and agrees that operation and haul out is at Owner’s risk. SBM reserves the right to deny hauling the vessel if doing so would be an unsafe practice.

Phone: ______________________ Email: ___________________________________ Capacity: ___________________________________
Signature: _____________________________________ Date: ____________ Check Box that Applies
Name: ______________________ Company: ________________________________ If you are not the Owner, please print your name, your company (if any), the capacity in which you’re acting (e.g. port engineer, yacht broker, etc.), and your contact information, including telephone and email.

Your Company’s PO #, if applicable: _______________________________ For the ____________________________________ (Name of Vessel)(“Vessel”)

WORK ORDER ACCEPTANCE
The above is accepted and agreed on behalf of both the Vessel and its Owner.

Official No. ___________________ Hailing Port: __________________ Hull ID / CF#: _________________
Owner of Vessel: ________________________________________ (“Owner”) Print signer’s name: _________________________________
I wish to receive emails regarding special offers, announcements, and advertisements from Svendsen's Bay Marine. We value your privacy. Your personal information will be kept confidential and will never be sold to third parties. You may "opt-out" at anytime by contacting us and requesting to unsubscribe.

I do not wish to be contacted with special offers, announcements and advertisements EXHIBIT A-1
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Your Company’s PO #, if applicable: _______________________________ For the ____________________________________ (Name of Vessel)(“Vessel”)

WORK ORDER ACCEPTANCE
The above is accepted and agreed on behalf of both the Vessel and its Owner.

I do not wish to be contacted with special offers, announcements and advertisements EXHIBIT A-1
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Svendsen's Bay Marine, Inc. (“SBM”) contracts only on the following terms.

SVENDSEN'S BAY MARINE Standard Contract Terms

8. Owner shall comply with all SBM yard safety and do-it-yourself requirements and cause Owner's Related Persons to comply. “Owner's Related Persons” are: Owner’s affiliates; crew, employees, agents, guests, invitees, contractors, materialmen and suppliers of any tier of Owner or any of its affiliates; and the Vessel’s owners, agents, charterers, underwriters, insurers, lenders and all other persons having any interest in the Vessel. SBM shall not be responsible or liable for the acts, omissions, or workmanship of Owner or Owner's Related Persons. Owner (and not SBM) shall be responsible for any governmental compliance, including any Coast Guard inspection, certificate or documentation and any California requirements.

9. SBM shall have liens on the Vessel under Federal maritime law and under California law to secure payment for the Work performed on the Vessel. For payment for the Work, SBM may look to both Vessel and Owner, jointly and severally.

10. Miscellaneous. (a) The relationship between the parties is one of independent contractors, and not one of employment, agency, partnership, or other relationship, whether fiduciary or otherwise. (b) Owner may not assign its rights or delegate its duties under this Contract without the prior written consent of SBM. (c) All remedies provided SBM in this Contract are cumulative and in addition to such other rights or remedies as may be available to SBM at law or in equity. (d) An initially capitalized term has the meaning given it in this Contract, whether defined when first used or thereafter. An initially capitalized term used in the quotation letter has the meaning given it in these Terms, except as otherwise defined in such letter. (e) The pages of the Contract do not need to be initialed for the Contract to be valid, notwithstanding any blanks provided for initials near the bottom of a page. (f) “Includes”, “including” and like terms are not limiting, and so mean “including without limitation thereto.” (g) If any portion of this Contract is determined invalid or unenforceable by a court of competent jurisdiction, then such portion shall be deemed severed to the extent of the invalidity or unenforceability, and the remainder of this Contract shall remain in full force and effect. In all other respects this Contract shall be treated as (and all the rights, duties, and powers arising under this Contract shall be treated as part of) a single, indivisible Contract. (h) The parties agree that this is a maritime contract, to be interpreted in accordance with general maritime law, and not a contract involving improvements to real property or otherwise. The parties further agree that any suit or legal action regarding this Contract shall be filed exclusively in the state or federal courts located in Contra Costa or Alameda Counties, California. (i) In the event of any legal proceeding to enforce any of the terms or conditions of this Contract, the prevailing party shall be entitled to receive from the other reasonable attorney’s fees, expert fees, court costs and other expenses of the proceeding from the other.

11. None of SBM's employees or agents has authority to orally modify any of the terms of this Contract. This Contract may not be altered or amended except in writing signed by SBM's authorized representative.
written notice during such 365 days, SBM will properly repair or replace the defect without charge to Owner. Any such replacement or repair shall be done at the yard of SBM, with Owner timely returning the Vessel to SBM's yard at Owner's expense. The liability of SBM and the SBM Related Persons for defects in workmanship and materials, whether latent or otherwise, is limited to such replacement and repair. This express warranty is in lieu of all other warranties or guarantees of any kind, express or implied, arising by law, contract or otherwise, including but not limited to any warranty of merchantability, workmanlike service, workmanlike performance or fitness for a particular purpose. b. Any claim by any person having any interest in the Vessel for any damage or other liability allegedly arising out of the Work under this Contract must be made by written notice to SBM within 365 days after completion of the Work.
c. In case of personal injury, death, damage to the Vessel or other property damage, SBM’s liability is further restricted to damage proximately caused by the sole negligence of SBM or its employees. SBM’s liability shall not include loss or damage caused by parts or other items returned to use at the request of Owner. In no event shall SBM be liable for damages for: loss of use of a vessel, lost revenues, lost profits, attorney’s fees and other expenses incurred in defending any claim arising or claimed to arise out of any SBM breach, negligence or other defect in performance, or for other incidental, special or consequential damages. This Section 7c shall not limit SMB's duty to indemnify Owner as provided within Exhibit D of this Agreement.

1. All Work is on the terms stated in these SBM Standard Contract Terms (“Terms”) and in any quotation letter by SBM, which together are the "Contract".

2. The "Work" is the work set forth in this Contract and any other work ordered for the Vessel or Vessels which are the subject of this Contract (the “Vessel”), including additional work which is either (a) requested by Owner, via email, or in writing which SBM elects to perform, or (b) is agreed in a writing signed by SBM’s authorized representative. The “Work” includes repairs, performing other labor, the sale and other furnishing of materials and supplies, and storage of the Vessel. If Owner desires to claim a watercraft exemption from California State sales tax, Owner shall cause a watercraft exemption certificate signed by an authorized Owner’s representative to be received by SBM prior to the start of Work. Removal and disposal of yard-generated debris, slops, wastes, spent grit and the like generated in the ordinary course of commonly-performed work are included in SBM’s quotation. However, if the Work generates unusual or hazardous materials, extra charges will be added, including for containment, storage, additional disposal costs and OSHA compliance. Actual charges may vary from any estimate.

3. Owner shall pay for all Work. Except as otherwise provided elsewhere in this Contract: such payment shall be on SBM's regular time and materials basis; and regardless of the basis for calculating the price, Owner's payment is due without offset or deduction. SBM may elect to keep possession of the Vessel until payment is made in full, during which time Owner shall pay SBM's regular mooring and other storage charges. The Vessel shall not be removed from the SBM premises without payment in full or the express permission of SBM. Release of the Vessel prior to full payment shall not be a waiver by SBM of any lien. SBM may require a cash deposit and/or progress payments at intervals of two weeks or more for any job lasting longer than two weeks, for Vessels in storage with SBM for more than 30 days, or for Work that is extensive in time or scope.

4. In the event of nonpayment thirty (30) days after payment is due to SBM, Owner shall pay, upon written notice to Owner, interest on any past due amount from the date of said written notice until paid at the lesser of 10% or the maximum permitted by law. In addition, if any payment is not made within 5 business days after the date due, Owner shall pay a late charge of 10%, which charge the Owner and SBM agree is a fair and reasonable estimate of the damage occasioned to SBM by the late payment. In the event SBM employs a collection agency or counsel to collect any past due amount, the prevailing party shall be entitled to receive from the other reasonable collection agency, attorneys and expert fees, costs and other expenses.

5. Except as may be provided elsewhere in this Contract, all Owner-furnished materials, equipment, information and other matters shall be: provided prior to the scheduled start of Work; either new or of good quality; and suitable for their intended use. Owner shall itself observe, and shall cause Owner's Related Persons to observe, SBM's yard safety, do-it-yourself and similar requirements. Except as Customer otherwise instructs prior to the start of work, SBM may dispose of parts removed from the Vessel that will not be reinstalled on the Vessel, with Owner to reimburse SBM for any disposal costs. Owner acknowledges and agrees that if Owner refuses recommended repairs or authorizes only partial repairs, SBM may not be able to place the Vessel in satisfactory working condition.

6. Completion of the Work is subject to prior orders. SBM shall not be liable for any loss, damage or delay, including the time of commencing and time of completing Work, which is caused by earthquake, flood, fire, explosion, storm, casualty, strike or other labor difficulty, difficulty in obtaining materials, acts of terrorism (whether actual or threatened) or any cause beyond SBM's reasonable control. In the event of a disruption or delay of the Work due to orders, actions or inactions of the Owner, and where SBM is not given sufficient advance notice or is otherwise unable to avoid incurring additional costs, an equitable adjustment in favor of SBM shall be made in the price of the contract.

7. Limitations of Liability. SBM’s charges are based on liabilities being limited to the following. a. SBM warrants that the Work will be free from defects in workmanship and materials for a period of 365 days from the date the Work is completed. For defects of which Owner gives SBM EXHIBIT A-1
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SBM will not be liable for damage to or loss of property while on the premises. Entrance onto the facility is done at each entrant’s own risk.

Svendsen's Bay Marine (SBM) Yard Safety, Do-It-Yourself (DIY) and Live Aboard Requirements *Violation of any terms will result in additional restrictions or fees.

Health, Safety and Environment
*We require 24 hours minimum notice for launch and/or scheduling of additional work.

Yard Premises
*Proof of insurance may be requested prior to project commencement from any vessel owner doing own work or living on vessel during stay.

Do not dump or leave oils, thinners, solvents, resins, antifreeze, or other hazardous materials in the yard. If you require help with disposal of these items, disposal fees including labor, materials and fees will be charged.

Chandlery Hours: 6:30 am – 3:00 pm Monday - Friday, excluding some holidays.

Only SBM employees may perform “Hot Work” (i.e. welding, open flame), spray painting, or sand blasting.

Black and gray water must be discharged prior to vessel arrival. Additional haz mat and dumping fees will automatically be added to final invoice for any black and gray water clean up.

SBM does not loan tools, equipment or supplies of any kind. Our workshops and heavy equipment including, but not limited to, our forklifts, crane, and Travelift are off limits to customers.

Owner shall be responsible for removing from SBM facilities all debris, refuse, waste material (including excess materials), scrap and equipment used or generated by owner during own work or a time and material clean-up cost will be added to the invoice.

Guests must follow all open hatch and safety stair warning signs.

Absolutely no sanding or grinding allowed by owners. Exceptions can be made on a case-by-case basis with approval from the environmental manager.

ONLY SBM employees may move boat stands, shift pads, blocks or boat trailers.

Guests must follow all posted signs and facility notices.

Only SBM employees may go atop the mast when vessel is stored in yard *No DIY underwater body work is allowed on all vessels unless approved in writing by senior management.

Pets are allowed on the premises, however it is the sole responsibility of the customer to look after and clean after their pet.

Parking within the facility is limited. Vehicles are allowed to park in the designated areas only and will do so at the owner's own risk.

SBM assumes no responsibility for loss or damage that may occur.

All shore and standard electrical receptacles are equipped with GFCI protection. These safety devices are sensitive and may trip at any time. Svendsen's Bay Marine is not responsible for lost or damaged on-board goods NO SUBCONTRACTORS are allowed in the yard without prior written approval from the yard management.

Guests must not remove or interfere with lock-out/tag-out tags on any systems.

Office Hours: 7:30 am – 4:00 pm Monday - Friday, excluding some holidays.

SBM gate access: 6:30 am – 5:00 pm Monday - Friday, excluding some holidays. Access code available.

Cutting driveway gate access: 5:00 am – 4:00 pm Monday - Friday, excluding some holidays. Access code available Access
SBM is a non-smoking facility and is not allowed within the fence line.

Owner can purchase material from the chandlery and charge to their open Work Order. SBM is not responsible for determining if vessel crew members are allowed to purchase toward the account. Any additional items purchased after the invoice has been paid, must be completed as an over the counter sale.

The following requirements are included as part of the SBM Standard Contract Terms.

No unfurling, hoisting sails or going aloft when vessel is stored in yard Only SBM employees are allowed to adjust scaffold systems. All scaffolds must be supplied by SBM, if available or approved by SBM before use.

SBM complies with all Federal, State and local laws regarding health, safety and the environment. The following restrictions MUST be adhered to:

EXHIBIT A-1
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Contract No: For the Contract between the City of
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EXHIBIT B

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

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

City of Richmond Finance/Account Payable
Project Manager:

P.O. Box 4046
Richmond, CA 94804

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

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

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

6. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized. 7744 Bay Marine Boatworks Inc. dba
Lt. Joseph England Lt. Joseph England
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

City of Richmond –
Richmond, CA 94804
Email: ______________________________________________________

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

Business Name
Street Address
City, State Zip
Email: ______________________________________________________ 310 W Cutting Boulevard [email protected] Bay Marine Boatworks Inc. dba S 1701 Regatta Blvd. [email protected] Bay Marine Boatworks dba Svendsen's Bay Marine Richmond, CA 94804 7744 ATTN: Lt. Joseph England ATTN: Allison Mezzera 1257
Contract No: For the Contract between the City of
Richmond and

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political 7744 Bay Marine Boatworks Inc. dba S
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affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

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

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

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder. The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

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

10. CONFLICT OF INTEREST:

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

Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee. b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture. d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then 7744 Bay Marine Boatworks Inc. dba S
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Contractor shall submit a written request for consent to add sub-contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor. f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.” g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13 SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract. Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours.

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

Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, 7744 Bay Marine Boatworks Inc. dba S
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including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

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

15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable. b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code. c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor .
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall 7744 Bay Marine Boatworks Inc. dba S
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be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to 7744 Bay Marine Boatworks Inc. dba S
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Contract No: For the Contract between the City
of Richmond and
City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

23. SEVERABILITY:

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

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City.

The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the 7744 Bay Marine Boatworks Inc. dba S
1265
Contract No: For the Contract between the City
of Richmond and
United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 7744 Bay Marine Boatworks Inc. dba S
1266
Contract No: For the Contract between the City
of Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
7744 Bay Marine Boatworks Inc. dba S
NONE
1267
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

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

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

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

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

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

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

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
7744 Bay Marine Boatworks Inc. dba Svendsen's Bay
1268
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
7744 Bay Marine Boatworks Inc. dba Svendsen's Bay Mar
1269
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

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

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

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

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

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

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

7. Contractor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to 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.
1270
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011

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

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

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

Additional Insured Endorsement Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. 1271
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or 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.
1272
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
1273

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:
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Page 1 of 3 ends

December 16, 2025
Public Works
DATE: December 16, 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
Hillal Hamdan, PE, Senior Civil Engineer
Subject: Construction Agreement with FJ&I Engineering, Inc. for the Macdonald Avenue Pedestrian Crossing
Improvements Project (Nicholl Park)
FINANCIAL IMPACT: Funding for this project is available from the Highway Safety Improvement Program (HSIP) grant in the amount
of $269,568 and the General Capital Fund in the amount
of $50,000 (Account String: 20136031-400708-23043).

Staff further recommends the transfer and appropriation of $39,268 in unspent funds from Project 07001 –
Metrowalk Transit Village Close-out to Project 23043 –
Macdonald Avenue Pedestrian Crossing Improvements
to support local matching requirements and contingency
needs.

The requested contract amount of $240,671 and
contingency authority of $36,101 (for a total potential contract authority of $276,772) are fully funded within these combined sources.

PREVIOUS COUNCIL
ACTION:

March 5, 2024

STATEMENT OF THE
ISSUE:

City Council approval is required to enter into a
construction agreement with FJ&I Engineering, Inc. in the amount of $240,671 to construct the Macdonald Avenue
AGENDA
REPORT
1275

Page 2 of 3 ends

December 16, 2025
Pedestrian Crossing Improvements Project (HSIP5137(059)), which will improve pedestrian visibility and safety at a high-priority crossing serving Nicholl Park.

Additionally, staff is requesting the transfer and
appropriation of $39,268 in unspent funds from Project
07001 – Metrowalk Transit Village Close-out to Project
23043 – Macdonald Avenue Pedestrian Crossing
Improvements.

RECOMMENDED ACTION: ADOPT a resolution to APPROVE a construction agreement with FJ&I Engineering, Inc. for the Macdonald Avenue Pedestrian Crossing Improvements Project
(Nicholl Park) in an amount not to exceed $240,671;
AUTHORIZE the Public Works Director to approve
change orders in an amount up to $36,101 (a 15 percent
contingency), for a total contract amount not to exceed $276,772; and TRANSFER and APPROPRIATE $39,268
in unspent funds from the Metrowalk Transit Village
Close-out Project to the Macdonald Avenue Pedestrian
Crossing Improvements Project (Nicholl Park) - Public
Works Department (Hillal Hamdan 510-621-1612/Robert
Armijo 510-620-5477).

DISCUSSION:

Background
The Macdonald Avenue/Nicholl Park pedestrian crossing location was identified as a high-priority location for safety improvements during stakeholder outreach for the Local Road Safety Plan (LRSP) and was later elevated by the Richmond Bicycle and Pedestrian Advisory Committee (BPAC) due to near-miss incidents, particularly involving youth and individuals using wheelchairs accessing Nicholl Park from the surrounding neighborhood.

This project is funded in part through the Highway Safety Improvement Program (HSIP) and is intended to reduce injury collisions and improve pedestrian visibility and protection. The HSIP grant requires a 10 percent (%) local match.

The project is located on Macdonald Avenue between 30th and 31st Street (Attachment 1). There is significant pedestrian crossing demand at this uncontrolled crosswalk. The improvements are designed to enhance the crossing to Nicholl Park and reduce vehicle speeds.

The scope of work includes:
 Rectangular Rapid Flashing Beacons (RRFBs)
 Curb extensions (bulb-outs)
 Yield markings
1276

Page 3 of 3 ends

December 16, 2025
 Median refuge islands
 Red curb to increase sight distance near the crossing The City published an Invitation for Bids on September 23, 2025, through BidsOnline.

There were nine (9) bids received on October 9, 2025. FJ&I Engineering, Inc. submitted the lowest responsive and responsible bid (Attachment 2).

City staff recommends the transfer and appropriation of $39,268 in unspent funds from Project 07001 – Metrowalk Transit Village Close-out to Project 23043 – Macdonald Avenue Pedestrian Crossing Improvements to meet local match requirements and maintain adequate contingency capacity.

Ultimately, City staff recommends that the City Council adopt the resolution authorizing a construction agreement with FJ&I Engineering, Inc. in an amount not-to-exceed $240,671 and authorizing the Director of Public Works to approve change orders up to $36,101 (15% contingency), and approve the transfer and appropriation of $39,268 in unspent funds for this project (Attachment 3 and 4).

DOCUMENTS ATTACHED:

Attachment 1 – Project Location
Attachment 2 – PlanetBids Vendor Bid Detail Report
Attachment 3 – Resolution Authorizing Construction Agreement with FJ&I Engineering, Inc. (Macdonald Avenue Pedestrian Crossing Improvements Project) Attachment 4 – Construction Agreement
1277
Macdonald Ave
30th St 31st St
© OpenStreetMap (and) contributors, CC-BY-SA
Æý
0 25 50 100 Feet
Attachment 2 - Project Location
1278
City of Richmond
Bid Detail
HSIP CYCLE 11 MACDONALD AVENUE PEDESTRIAN CR…
Project Title HSIP CYCLE 11 MACDONALD AVENUE PEDESTRIAN CROSSING

IMPROVEMENTS
Invitation # NO. HSIPSL-5137(059)
Bid Posting Date 09/23/2025 1:52 PM (PST)
Project Stage Closed
Bid Due Date 10/09/2025 2:00 PM (PST)
Response Format Electronic
Project Type Bid
Response Types Line Items
General Attachment
General Attachment
Type of Award Lump Sum
Categories 55000 - Markers, Plaques And Traffic Control Devices 75001 - Asphalt Concrete
75500 - Road And Highway Asphalt And Concrete Handling And Processing Equipment
91200 - Construction Services, General (Incl. Maintenance And Repair Services)
91394 - Paving/Resurfacing, Alley And Parking Lot
91396 - Paving/Resurfacing, Street (Major And Residential) 91430 - Concrete
96861 - Pavement Marking Services (Including Removal Of Markings) 96880 - Traffic Sign Installation And/Or Removal Services 99999 - Capital Improvement Projects
License Requirements
Department Public Works
Address 450 Civic Center Plaza
Richmond, California
94804
County Contra Costa
Bid Valid
Liquidated Damages
Estimated Bid Value
1279
Bid Bond
Pre-Bid Meeting Information
Online Q&A
Contact Information
Description
Start/Delivery Date
Project Duration
Bid Bond 10.00%
Payment Bond 100.00%
Performance Bond 100.00%
Pre-Bid Meeting No
Online Q&A Yes
Q&A Deadline 10/02/2025 3:00 PM (PST)
Contact Info Hillal Hamdan, Senior Civil Engineer
[email protected]
Bids to
Owner's Agent
Scope of Services In general, the work to be performed under these specifications consists of complete streets related improvements to MacDonald Ave, from 30th Street to 31st Street in Richmond, California. The work to be performed includes, but is not limited to, providing traffic control during the construction period, construction
surveying, utility potholing, clearing, grubbing, and environmental protection, removal of concrete curbs, sidewalk, valley gutter, and driveways, removal of trees and tree stumps, adjustment of underground utility surface features, placement of concrete curbs, gutters, valley gutters, and driveways, concrete medians, concrete curb ramps, pavement repairs (base repairs), cold milling of asphalt pavement, conform grinding, Hot Mix Asphalt (HMA) paving, slurry seal, thermoplastic traffic striping and traffic markings, rectangular rapid flash beacon and pedestrian push
1280
Search & Bid on Thousands of Contracts
button, removing and placing of signs and signposts, median landscaping, and as shown on the project plans.

Other Details Contact Ofelia Alvarez for assistance in downloading Bid [email protected]
Notes
Special Notices
Local Programs & Policies
www.vendorline.com
1281
City of Richmond
HSIP CYCLE 11 MACDONALD AVENUE PEDESTRIAN CR…
Showing 9 Bid Results
FJ&I Engineering
1981 21st street
san pablo, California 94806
Contact: Marco Avila
Phone: 510-650-2655
CADIR, MBE $240,671.00
California Constructores
1220 Marin Ave
san pablo, California 94806
Contact: Carla Jeanina liliana Del Carpio
Quevedo
Phone: 510-932-9899
OSB $254,428.30
fbd vanguard
550 Greenville Road
livermore, California 94550
Contact: Lexi
Phone: 925-245-1300
$265,739.50
golden bay construction, inc.
3826 depot road
hayward, California 94545
Contact: johnny zanette
Phone: 510-783-2960 ext. 103
OSB $280,849.25
SPOSETO ENGINNERING INC.
4558 CONTRACTORS PLACE
LIVERMORE, California 94551
Contact: Duy Truong
Phone: 925-443-4200 ext. 2
OSB, CADIR $292,653.00
CF Contracting, Inc.
850 S. Van Ness Aveneu
Suite 21
San Francisco, California 94110
Contact: Jacob Friedman
Phone: 415-310-5442
CADIR, OSB, MIC, MBE $318,618.00
Cestarollo Construction LLC
2400 Las Gallinas Ave, Suite 115
San Rafael, California 94903
OSB, MIC $327,395.73
Vendor Type Bid Amount Responsive
1282
Search & Bid on Thousands of Contracts
Contact: Willie Cestarollo
Phone: 415-246-2074
Buildcorp inc
666 Monterey Blvd
San Francisco, California 94127
Contact: Jay Zhong
Phone: 925-339-8607
$386,880.00
Ray's Electric
411 Pendleton Way Suite B
Oakland, California 94621
Contact: Tania Munguia
Phone: 510-577-7700 ext. 110
OSB, CADIR $431,803.00
www.vendorline.com
Vendor Type Bid Amount Responsive
1283
Reso. No. xx-25

Page 1 of 2 ends

DocID #31118v1
RESOLUTION NO. xx-25

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

CALIFORNIA, APPROVING A CONSTRUCTION AGREEMENT WITH FJ&I ENGINEERING, INC. FOR THE MACDONALD AVENUE PEDESTRIAN CROSSING

IMPROVEMENTS PROJECT
WHEREAS, The Macdonald Avenue/Nicholl Park Location was highlighted as a priority location for pedestrian improvements by the Richmond Bicycle and Pedestrian Advisory Committee (BPAC); and
WHEREAS the Macdonald Avenue Pedestrian Crossing Improvements Project is aimed at enhancing pedestrian safety and reducing injuries on public roads; and WHEREAS the project has two funding sources: the Highway Safety Improvement Program (HSIP) grant funding for construction in the amount of $269,568 , and the proposed City contribution in the amount of $50,000 from the General Capital Fund; and WHEREAS, the City advertised an invitation for bids on September 23, 2025, through BidsOnline and bids were opened on October 9, 2025, the City had received nine (9) bids; and WHEREAS, following a thorough review of the bids, staff determined that the apparent lowest bidder, FJ&I Engineering, Inc., was determined to have a proposal that is both responsive and responsible; and
WHEREAS, the required local match is 10% of the State grant amount.; and WHEREAS, Staff recommends to use the unspent funds to supplement the Macdonald avenue pedestrian crossing improvement
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond, as follows:

Section 1: The foregoing recitals are true and correct, and this City Council hereby finds and determines.

Section 2: The City Council hereby authorizes staff to enter into a construction agreement contract with FJ&I Engineering, Inc. for the Macdonald Avenue Pedestrian Crossing Improvements Project in an amount not-to-exceed $240,671 Section 3: The Public Works Director is authorized to approve change orders, if necessary, for a contingency amount of up to $36,101 which is 15% of the contract amount, for a potential total contract amount of $276,772.

Section 4: The City Council hereby authorizes the transfer and appropriation of unspent funds in the amount of $39,268 from Project 07001 Metrowalk Transit Village Close-out to Project 23043 Macdonald avenue pedestrian crossing improvement.

Section 5: This resolution shall take effect immediately upon its passage. **********************
I hereby certify that the foregoing Resolution of the City Council of the City of Richmond was duly passed and adopted at a meeting thereof held November 18, 2025, by the following vote:

AYES:
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DocID #31118v1
NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
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CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 2018, by and between the City of Richmond, a municipal corporation and charter city (“City”) and __________________, [IDENTIFY CORPORATE FORM] (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

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

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

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

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

ARTICLE I

CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents.

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

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

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

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

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

Section 1.5 Laws and Regulations.
(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof. 1287
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(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures. (c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City’s Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City’s Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City’s Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56).

During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.

Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.
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Section 1.6 Inspections.

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

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

Section 1.8 Working Hours.

Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.

Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project 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 1289
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submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor’s receipt of the City’s approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall 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 Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder’s Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications 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 Project Specifications; 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 Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in the Project Specifications 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 Project Specifications, 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. 1290
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Section 1.10 Security In Lieu of Retention.
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

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

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive 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. 1291
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(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. (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:
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_______________________
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.

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

As provided in SB 854 (Stats. 2014, ch. 28): (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with 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 1.12 Job Site Notices.

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

Section 1.13 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. 1293
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ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

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

Each of the following shall constitute a “Default” by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City 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. 1294
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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 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 1295
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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.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts 1296
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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 Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, 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 (each, a “Claim”), 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 by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

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

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

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (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 1297
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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.
(f) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.
1298
14 2018_Final Form

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 Project Specifications.

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.
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15 2018_Final Form
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.

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

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

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
1300
16 2018_Final Form
(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.

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 1301
17 2018_Final Form
duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

Section 3.13 Waivers.

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

Section 3.14 Title of Parts and Sections.

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

Section 3.15 Entire Understanding of the Parties.

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

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

Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
[Signatures on following page]
1302
1303
19 2018_Final Form
Exhibit A
Proposal
1304

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December 16, 2025
DocID #58942v1
Public Works
DATE: December 16, 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: Contract Amendment No. 1 with Nema Construction for The Yellow Brick Road Supplemental Street Lighting
Project
FINANCIAL IMPACT: The proposed $33,900 expenditure is included within the approved Fiscal Year 2025-2026 General Capital Fund –
Yellow Brick Road Supplemental Street Lighting Project
budget. Any unspent balance will be returned to the
General Capital Fund upon project completion (Account
String: 20136031–400708–23032).

PREVIOUS COUNCIL
ACTION:

May 21, 2024

STATEMENT OF THE
ISSUE:

A construction amendment is required to complete
additional work identified during construction of the
Yellow Brick Road Supplemental Street Lighting Project.

Staff is requesting that the City Council adopt a resolution authorizing Contract Amendment No. 1 with Nema
Construction in the amount of $33,900, establishing a
revised not-to-exceed contract amount of $1,175,600.

RECOMMENDED ACTION: ADOPT a resolution to APPROVE the first contract amendment with Nema Construction for the Yellow Brick
Road Supplemental Street Lighting Project, in the
amount of $33,900, for a revised not-to-exceed contract amount of $1,175,600 - Public Works Department
(Wendy Wellbrock 510-307-8108/Robert Armijo 510-620-
5477).

AGENDA
REPORT
1305

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December 16, 2025
DocID #58942v1
DISCUSSION:

The Yellow Brick Road Project is a multi-phase pedestrian and bicycle safety program adopted by the City Council through Resolution No. 49-15 (2015), approving the Yellow Brick Road Walkable Neighborhoods Plan. The program focuses on improving safe routes to schools, parks, transit, and community services within the Iron Triangle neighborhood. Improvements include sidewalk and curb ramp upgrades, enhanced pedestrian-scale lighting, and other traffic safety enhancements intended to support walkability and equitable access to Elm Playlot and nearby public facilities. The supplemental street lighting component specifically addresses nighttime visibility along 8th Street between Ohio Avenue and Pennsylvania Avenue.

The Yellow Brick Road Supplemental Street Lighting Project (Project) includes the installation of approximately 92 new pedestrian streetlights on 8th Street between Ohio Avenue and Pennsylvania Avenue as part of the overall corridor safety improvements.

The construction contract with Nema Construction was approved on May 21, 2024, for an amount not to exceed $1,141,700. This amount included a ten percent (10%) contingency of $104,000 (Attachment 1).

During construction, City staff identified unforeseen and necessary scope additions, including removal and replacement of damaged concrete sidewalk and curb panels to maintain ADA accessibility, maintenance for existing street lighting systems, and installation of supplemental lighting at Elm Playlot. This work was not included in the original contract scope and is necessary to maintain accessibility standards and enhance safety within project limits.

The original $104,000 contingency has been fully utilized to address immediate field needs, and a contract amendment of $33,900 is needed to complete the remaining required repairs, including the relocation of one light fixture with a new foundation. This additional funding ensures the Project meets established City standards and supports timely construction closeout.

City staff recommends that the City Council adopt a resolution approving a contract amendment with Nema Construction in the amount of $33,900, establishing a revised not-to-exceed contract amount of $1,175,600 (Attachments 2 and 3). This additional funding will allow completion of the required corrective work and enable timely closeout of the Yellow Brick Road Supplemental Street Lighting Project. Any unspent balance upon completion will be returned to the General Capital Fund (Project 23032).

DOCUMENTS ATTACHED:

Attachment 1 – Original Construction Agreement with Nema Construction (Approved May 21, 2024)
Attachment 2 – Resolution Authorizing Contract Amendment No. 1 – Yellow Brick Road Supplemental Street Lighting Project
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December 16, 2025
DocID #58942v1
Attachment 3 – Contract Amendment No. 1 to Construction Agreement with Nema Construction
1307
Docusign Envelope ID: 6910FC0F-5C51-49BD-9691-0B4BA328E3BE 1308
Docusign Envelope ID: 6910FC0F-5C51-49BD-9691-0B4BA328E3BE 1309
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Docusign Envelope ID: 6910FC0F-5C51-49BD-9691-0B4BA328E3BE 1323
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Docusign Envelope ID: 6910FC0F-5C51-49BD-9691-0B4BA328E3BE Eduardo Martinez
Mayor
1325
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Docusign Envelope ID: 6910FC0F-5C51-49BD-9691-0B4BA328E3BE 1332
Docusign Envelope ID: 6910FC0F-5C51-49BD-9691-0B4BA328E3BE 1333
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Docusign Envelope ID: 6910FC0F-5C51-49BD-9691-0B4BA328E3BE Mayor
Eduardo Martinez
1348
Reso. No. xx-25

Page 1 of 2 ends

RESOLUTION NO. xx-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND AUTHORIZING CONTRACT AMENDMENT NO. 1 WITH NEMA CONSTRUCTION

FOR THE YELLOW BRICK ROAD SUPPLEMENTAL STREET LIGHTING PROJECT WHEREAS, the City Council adopted the Yellow Brick Road Walkable Neighborhoods Plan through Resolution No. 49-15 (2015), establishing a multi-phase program to improve safe routes to schools, parks, transit, and community facilities in the Iron Triangle neighborhood; and WHEREAS, the supplemental street lighting component specifically addresses nighttime visibility and pedestrian accessibility on 8th Street between Ohio Avenue and Pennsylvania Avenue, supporting safe travel to Elm Playlot and surrounding community resources; and WHEREAS, on May 21, 2024, the City Council awarded a construction contract to Nema Construction for the Yellow Brick Road Supplemental Street Lighting Project in an amount not to exceed $1,141,700, including a ten percent contingency of $104,000; and WHEREAS, unforeseen field conditions identified during construction require additional sidewalk replacement and the relocation of one pedestrian light fixture to maintain safe, accessible pedestrian pathways consistent with City standards; and WHEREAS, the original contingency has been fully utilized to address field-verified needs, and additional funding is required to complete remaining corrective work necessary for project completion; and
WHEREAS, Contract Amendment No. 1 in the amount of $33,900 will establish a revised not-to-exceed contract amount of $1,175,600; and WHEREAS, by the Agenda Report accompanying this Resolution, the City Council has been provided with additional information supporting this action.

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

SECTION 1. The City Council hereby finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for this action.

SECTION 2. The City Council hereby authorizes Contract Amendment No. 1 with Nema Construction for the Yellow Brick Road Supplemental Street Lighting Project in the amount of $33,900, establishing a revised not-to-exceed contract amount of $1,175,600.

SECTION 3. The City Manager, or designee, is authorized to execute Contract Amendment No. 1 and to take all necessary administrative steps to complete the Project.

SECTION 4. The City Clerk is designated as the custodian of the documents comprising the record of proceedings relating to this action, which shall be maintained at Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.

SECTION 5. This Resolution shall become effective immediately upon its passage and adoption.
*************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held December 16, 2025, by the following vote:

AYES:

NOES:
1349
Reso. No. xx-25

Page 2 of 2 ends

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
1350
1 Construction Agreement Amendment No. 1

FIRST AMENDMENT TO

CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND

NEMA CONSTRUCTION
This First Amendment to the Construction Agreement (the “First Amendment”) is entered into as of __________________, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Nema 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.”

RECITALS
A. City and Contractor entered into that certain Construction Agreement dated May 31, 2024 (the “Agreement”) to furnish construction of the Yellow Brick Road Supplemental Lighting Project, located at 8th Street between Ohio Avenue and Pennsylvania Avenue in Richmond, CA (the “Project”)
B. The Parties now desire to enter into this First Amendment to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $33,900 (the “Additional Expenditures”), for a total amended not-to exceed amount of $1,175,600 as set forth on Attachment 1 attached and incorporated hereto (the “First Amended Amount”).

NOW THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows:

Section 1 Amendment to Payments.

The Construction Agreement is hereby amended by this First Amendment in order to increase the Original Amount by the Additional Expenditures to reflect a new total of authorized expenditures under the Construction Agreement, equal to the First Amended Amount.

Section 2. Amendment to Scope of Work.

The Construction Agreement is hereby amended by this First Amendment in order to add extra work necessary to make repairs to the Project as set forth in Attachment 1.

Section 3. Miscellaneous.
(a) Except as amended by First Amendment, the Construction Agreement has not been modified and is in full force and effect.
(b) Each of the individuals executing this First Amendment on behalf of the 1351
2 Construction Agreement Amendment No. 1
Contractor and City individually represents and warrants that he or she has been authorized to do so and has the power to bind the party for whom they are signing. (c) This First Amendment may be signed in any number of counterparts with the same effect as it the signatures to each counterpart were upon a single instrument, and is intended to be binding when all parties have delivered their signatures to the other parties.

Signatures may be delivered by facsimile or electronic transmission. All counterparts shall be deemed an original of this First Amendment.
(d) WHEREFORE, the Parties have executed this First Amendment on or as of the date first above written.

IN WITNESS WHEREOF, City and Contractor have executed this First Amendment duly authorized representatives, all on the date first written above.

CITY:

Reviewed By: CITY OF RICHMOND, a municipal
corporation and charter city
City Attorney By: _______________________________
Name: Shasa Curl
ATTEST: Its: City Manager
City Clerk
CONTRACTOR:

Nema Construction
By: _______________________________
Name:

Its:
1352
3 Construction Agreement Amendment No. 1

ATTACHMENT A
1353
Contractor Name Date

DESCRIPTION OF WORK TO BE PERFORMED
See description below for each item.

SUMMARY FOR CHANGE ORDER #04 (See attached sheets for more detailed information):

ITEM # REFERENCE DESCRIPTION ITEM SUBTOTAL

4.1 City Request Replace concrete sidewalks and relocate (1) light fixture with new foundation $33,900.00 TOTAL CHANGE ORDER #04 $33,900.00
Contract Balances
Original Contract Value: $ 1,037,700.00
Net Value of Previous Change Orders: $ 104,000.00
Current Change Order: $33,900.00
Total Contract Value With Approved Changes: $ 1,175,600.00 Contract Duration
Original Working Days: 135
Net Duration of Previous Change Orders: 105
Per this Change Order, Working Days Added through 12/31/25: 60 Total Contract Duration With Approved Changes: 300
Approvals
Signature
Construction Manager (Print) Date
Signature
Project Manager (Print) Date
Signature
General Contractor (Print) Date
Signature
Director of Public Works (Print) Date
PO #25200112
Contract Change Order #4
23032 - Yellow Brick Road Supplemental Lighting Project Public Works Department
The Contractor is hereby directed to make the following changes or to do the following work not included in the Contract Documents. All new work herein described shall be done in accordance with the applicable provisions of the Contract Documents, except as specifically modified by this Change Order (CO).

Unless specifically noted otherwise in this document, the agreed upon price(s) shown herein include consideration for all costs associated with the changed work including labor, traffic control, material and equipment costs (including any delay and rescheduling), overhead, profit and any other costs arising directly or indirectly from the changed work. Rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

NOTE: This CO is not effective until signed by the City Manager or their designee.

NEMA Construction 8/27/2025
1354
Nema Construction
555 Pierce Street #1005, Albany, CA 94706
Nema @post.com T:510-525-2398
PCO #4
Date: 8/27/2025
To: Swinerton Management and Consulting
Attn: Wanda Wong
A/E: CSW/ Stuber-Stroeh Engineering Group, Inc.

Project: Yellow Brick Road Supplement Lighting Project

Subject: Sidewalk repair-Relocation of (1) light fixture Change order #4
Remove existing sidewalk and pour new concrete per
The attached pictures at 6 locations $25,400.

Relocation of (1) light fixture with new foundation 8,500.

Total $33,900.00

Nema Construction
ali farahani
1355

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December 16, 2025
Community Development
DATE: December 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Community Development Director
Darcie DeLashmutt, Capital Project Manager
Subject: Authorize Change Order Authority for the Miraflores Sustainable Greenbelt Interpretive Signage Project
FINANCIAL IMPACT: The construction contract with Mark Lee & Yong Kay, Inc. dba Bay Construction, Inc. is $563,000. Approval of this action would authorize the Community Development
Director to approve change orders in an amount not to
exceed $84,450 (equivalent to fifteen percent of the
construction contract), for a total project authorization of $647,450. This project is included within the approved
fiscal year 2025-2026 Successor Agency funds budget,
and no additional funding is required.

PREVIOUS COUNCIL
ACTION:

March 11, 2025

STATEMENT OF THE
ISSUE:

During construction, unforeseen site conditions or design refinements may require adjustments to the scope of
work to maintain constructability, design intent, and
project schedule. Change orders above the City
Manager’s administrative threshold must return to the
City Council for approval, delays may occur that affect contractor productivity and overall project delivery.

Authorizing the Community Development Director to
approve change orders in an amount not to exceed
$84,450 (equivalent to 15 percent of the construction
contract) will allow timely decision-making and support efficient project completion.

AGENDA
REPORT
1356

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December 16, 2025
RECOMMENDED ACTION: ADOPT a resolution to AUTHORIZE the community development director to approve change orders for the
Miraflores Sustainable Greenbelt – Interpretive Signage Project in an amount not to exceed $84,450 (equivalent
to 15 percent of the base construction contract) with Mark Lee & Yong Kay, Inc. dba Bay Construction, Inc., for a
total project authorization of $647,450 - Public Works
Department/Community Development Department
(Darcie DeLashmutt 510-672-3944/Lina Velasco 510
620-6841).

DISCUSSION:

The Miraflores Sustainable Greenbelt - Interpretive Signage Project is a historic and cultural interpretation initiative that is part of the broader Miraflores Sustainable Community Greenbelt, a multi-phase redevelopment project that integrates affordable housing, open space, and historic preservation (Attachments 1 and 2).

On March 11, 2025, Council authorized the City Manager to enter into a construction contract following a competitive bid process. The construction contract was awarded to Mark Lee & Yong Kay, Inc. dba Bay Construction, Inc. on June 19, 2025. The contract was fully executed in November 2025 and construction activities will begin in December 2025 (Attachment 3).

During construction, it is common for unforeseen field conditions, design refinements, or unanticipated coordination requirements to necessitate adjustments to the scope of work. These circumstances typically require change orders to ensure constructability, preserve design intent, and avoid delays that can increase overall project costs.

The City Council previously authorized award of the construction contract; however, without delegated change-order authority, any required field adjustments above the City Manager’s administrative threshold must return to Council. This can introduce delays to the construction schedule, affect contractor productivity, and increase the risk of claims.

Delegating authority to the Community Development Director to approve change orders up to fifteen percent (15%) of the base construction contract is consistent with common practice for capital projects of this scale. This level of authority provides flexibility to address routine construction contingencies while maintaining fiscal control and compliance with procurement requirements. All approved change orders will remain subject to City policies governing documentation, justification, and project tracking.

Reporting to Council will occur at project closeout.

City staff recommends that the City Council adopt a resolution authorizing the Community Development Director to approve change orders for the Miraflores Sustainable Greenbelt – Interpretive Signage Project in an amount not to exceed $84,450 (equivalent to fifteen percent of the base construction contract), for a total project authorization of $647,450 (Attachment 4). This delegation will support timely decision-making, limit schedule impacts, and facilitate successful delivery of the project. 1357

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December 16, 2025
DOCUMENTS ATTACHED:

Attachment 1 – Project Location
Attachment 2 – Site Plan
Attachment 3 – Contract
Attachment 4 – Resolution
1358

VICINITY MAP

RICHMOND, CALIFORNIA

LOCATION MAP LOCATION PROJECT

LOCATION PROJECT

MIRAFLORES SUSTAINABLE GREENBELT

INTERPRETIVE SIGNAGE PROJECT
LAYOUT NOTES 1. CONTRACTOR SHALL VERIFY ALL GRADES, EXISTING CONDITIONS AND DIMENSIONS IN THE FIELD PRIOR TO COMMENCING WORK. ALL DISCREPANCIES OR QUESTIONS SHALL BE BROUGHT TO THE ATTENTION OF THE CIVIL ENGINEER OR LANDSCAPE ARCHITECT FOR RESOLUTION. 2. ALL CURVES AND ALL TRANSITIONS BETWEEN CURVES AND STRAIGHT EDGES SHALL BE SMOOTH. 3. SEE IRRIGATION PLANS FOR LOCATION OF EXISTING AND PROPOSED IRRIGATION PIPING; SLEEVES TO ACCOMMODATE IRRIGATION PIPING IN MOST CASES EXISTING BUT WILL NEED TO BE LOCATED IN THE FIELD, SEE IRRIGATION PLAN, SHALL BE IN PLACED UNDER AND THROUGH PAVING PRIOR TO POURING. 4. 5. TAKE ALL DIMENSIONS FROM FACE OF CURB, WALL OR BUILDING OR TO CENTERLINE OF COLUMNS OR POSTS UNLESS OTHERWISE NOTED. ALL DIMENSIONS CALLED OUT AS "EQUAL" ARE EQUIDISTANT MEASUREMENTS TO DESIGNATED CENTERLINE(S). TAKE ALL DIMENSIONS PERPENDICULAR TO ANY REFERENCE LINE, WORK LINE, FACE OF BUILDING: FACE OF WALL, OR CENTERLINE. 6. ALL ANGLES TO BE 90 DEGREES AND ALL LINES OF PAVING AND FENCING TO BE PARALLEL UNLESS NOTED OTHERWISE. MAINTAIN HORIZONTAL ALIGNMENT OF ADJACENT ELEMENTS AS NOTED ON THE DRAWINGS. 7. 8. REFERENCE TO NORTH REFERS TO TRUE NORTH. REFERENCE TO SCALE IS FOR FULL-SIZED DRAWINGS ONLY. DO NOT SCALE FROM REDUCED DRAWINGS. DIMENSIONS TAKE PRECEDENCE OVER SCALES SHOWN ON DRAWINGS. 9. 10. VERIFY LOCATION OF ALL VAULTS, ELECTRICAL DUCT BANKS, MANHOLES, CONDUIT AND PIPING, DRAINAGE STRUCTURES AND OTHER UTILITIES WITH THE APPROPRIATE ENGINEERING DRAWINGS. INFORM CIVIL ENGINEER AND LANDSCAPE ARCHITECT OF CONFLICTS AND REDIRECT WORK TO AVOID DELAYS. S.C.D. FOR ALL GRADES AND UTILITY LAYOUTS. GENERAL NOTES 1. NOTWITHSTANDING THE PRESENCE OF A CITY REPRESENTATIVE, EITHER FULL OR PART-TIME, THE CONTRACTOR IS NOT RELIEVED OF THE RESPONSIBILITY OF PERFORMING THE WORK IN ACCORDANCE WITH THE PROJECT MANUAL AND PLANS. 2. EXACT FIELD LOCATION FOR NEW IMPROVEMENTS SHALL BE APPROVED BY CITY REPRESENTATIVE AND LANDSCAPE ARCHITECT BEFORE CONSTRUCTION. 4. UTILITY FACILITIES, IF SHOWN ON THE PLANS ARE APPROXIMATE ONLY. CONTRACTOR SHALL NOTIFY UNDERGROUND SERVICE ALERT AT 800-227-2600 / 811 FOR EXISTING UTILITY LOCATIONS. CONTRACTOR SHALL CONTACT THE RESPECTIVE UTILITY COMPANIES TO OBTAIN INFORMATION REGARDING THE EXACT DEPTH OF BURIAL AND HORIZONTAL LOCATION OF UTILITY LINES AS NECESSARY. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO COORDINATE ALL NECESSARY UTILITY RELOCATIONS AND ADJUSTMENTS WITH THE APPROPRIATE UTILITY COMPANIES. 3. VERIFY: ALL EXISTING CONDITIONS, ELEVATIONS, DIMENSIONS AND CONSTRUCTION IN THE FIELD PRIOR TO BID. IF ANY DISCREPANCIES ARE NOTED, THE CONTRACTOR SHALL NOTIFY THE CITY REPRESENTATIVE AND LANDSCAPE ARCHITECT IMMEDIATELY FOR DIRECTION. 6. ALL WORK SHALL BE DONE IN ACCORDANCE WITH GEOTECHNICAL REPORTS AND SOIL MANAGEMENT PLANS WITHIN PROJECT MANUAL. LOCATION 1 SIGN TYPE 'A' DOOR KIOSK EXHIBIT 1 TOTAL - L1.1
- L1.2 LOCATION 3 SIGN TYPE 'B' CORNER MARKER KIOSK 3 TOTAL- L1.4 - L1.7- L1.9 LOCATION 5 SIGN TYPE 'C' GREENHOUSE GATEWAY 1 TOTAL LOCATION 2 SIGN TYPE 'A' DOOR KIOSK EXHIBIT 1 TOTAL LOCATION 6 SIGN TYPE 'A' DOOR KIOSK EXHIBIT 1 TOTAL L1.0

MIRAFLORES SUSTAINABLE
P:\Shared\Projects\2023\2300016.20 City of Richmond -LA Miraflores Greenbelt add service\DWG\Sheets\L Signage Miraflora Housing.dwg 02/28/2025 - 03:50 PM Brian G 1:3.56021 Sheet Plan File: Project Number: 2300016.20 Scale: Date: OCTOBER 8, 2024 Rev Date Description Designed Drawn Checked 121 Park Place Richmond, CA 94801 tel: 510-367-6166 Engineering Planning Landscape Architecture Land Surveying Mapping 4855 WALL AVENUE, RICHMOND, CA.

Stamp
GREENBELT Sheet Title
Ma r c i a D . Va l l i e r - No . 329 3

S T A T E

O F C A L I F O R N I A
Signature Renewal Date Date

L I C E N S E D

L A N D S C A P E
A R C H I T E C T 10/08/2024 03/31/2025

INTERPRETIVE SIGNAGE

PROJECT
08/23/2024 PERMIT REVIEW MV BG MV OVERALL PLAN NORTH N.T.S. - L1.6 LOCATION 4 SIGN TYPE 'A' DOOR KIOSK EXHIBIT 1 TOTAL 5. PRIOR TO PERFORMING UNDERGROUND CONSTRUCTION, THE CONTRACTOR SHALL MAKE THE NECESSARY PROBES TO IDENTIFY AREAS OF POSSIBLE CONFLICT WITH PROPOSED CONSTRUCTION AS NEEDED. CONTRACTOR SHALL EXCAVATE TO DETERMINE TYPES, EXTENT, SIZE AND DEPTHS OF UNDERGROUND UTILITIES. CONTRACTOR SHALL REPAIR ANY DAMAGE OR INTERRUPTION OF UTILITIES, WATER LINES OR IRRIGATION SYSTEMS WITHIN 48 HOURS OF THE TIME OF DAMAGE.

MV BG MV 01/08/2025 B24-03158 2nd SUBMITTAL

DRAWINGS
03/31/2026 01/14/2025
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Attachment 3 Construction Contract 1361
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RESOLUTION NO. xx-25________

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

CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO

APPROVE CHANGE ORDERS FOR THE MIRAFLORES SUSTAINABLE
GREENBELT – INTERPRETIVE SIGNAGE PROJECT IN AN AMOUNT NOT TO EXCEED $84,450 (EQUIVALENT TO FIFTEEN PERCENT OF THE BASE CONSTRUCTION CONTRACT) WITH MARK LEE & YONG KAY, INC. DBA BAY CONSTRUCTION, INC.

WHEREAS, the City of Richmond executed a construction agreement with Mark Lee & Yong Kay, Inc. dba Bay Construction, Inc. on June 19, 2025, for the Miraflores Sustainable Greenbelt – Interpretive Signage Project in the amount of $563,000; and WHEREAS, the Miraflores Sustainable Greenbelt – Interpretive Signage Project commemorates Richmond’s historic Japanese American nursery community through the installation of interpretive signage and landscape improvements within the Miraflores Greenbelt; and
WHEREAS, the project is funded by the Successor Agency to the Richmond Community Redevelopment Agency; and
WHEREAS, during construction, unforeseen site conditions, design refinements, or other project-related factors may require modifications to the scope of work to ensure timely completion of the project; and
WHEREAS, authorizing the Community Development Director to approve change orders in an amount not to exceed $84,450 (equivalent to fifteen percent of the base construction contract) will allow the City to efficiently manage project changes, maintain schedule compliance, and avoid unnecessary delays associated with returning to the City Council for additional approvals; and
WHEREAS, this authorization supports the City’s goal of delivering public improvement projects efficiently while maintaining fiscal responsibility and accountability in the use of Successor Agency funds.

NOW, THEREFORE, BE IT RESOLVED THAT by the City Council of the City of Richmond California:

Section 1. The City Council finds and determines that the facts set forth in the agenda report accompanying this resolution are true and correct and form the basis for the actions authorized herein.
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Section 2. The City Council hereby authorizes the Community Development Director to approve change orders for the Miraflores Sustainable Greenbelt – Interpretive Signage Project in an amount not to exceed $84,450 (equivalent to fifteen percent of the base construction contract), for a total project authorization of $647,450.

Section 3. The City Council designates the City Clerk as the custodian of the documents and materials that constitute the record of proceedings for this action. These materials are available for public inspection at the Office of the City Clerk, 450 Civic Center Plaza, Richmond, California.

Section 4. This resolution shall become effective 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 December 16, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
1390

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December 16, 2025
DocID #58959v1
Public Works
DATE: December 16, 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
Darcie DeLashmutt, Capital Project Manager
Subject: Contract Amendment No. 2 with Macks Craic, Inc. dba Mack5 for Project Management for the Shields-Reid
Improvement Project
FINANCIAL IMPACT: The proposed $110,000 expenditure will be funded with existing State of California Department of Parks and
Recreation’s Statewide Park Development and
Community Revitalization Program (SPP) grant funds
allocated for the Shields-Reid Park Improvement Project.

This amendment increases the total not-to-exceed
amount of the contract with Macks Craic, Inc. dba Mack5 to $797,700 and is included within the approved fiscal
year 2025-2026 budget (Account String: 10633031 –
400708 – 23028).

PREVIOUS COUNCIL
ACTION:

October 18, 2022
June 18, 2024

STATEMENT OF THE
ISSUE:

The remaining State Parks SPP grant funds allow for
additional improvements to be added to the Shields-Reid Park Improvement Project (Capital Improvement Project
No. 23028). These added scope items and the resulting
construction schedule extension require continued
construction management support from Macks Craic, Inc.
dba Mack5. Contract Amendment No. 2 in the amount of
$110,000 is necessary to provide these services and
increase the total not-to-exceed contract amount to
$797,700.

AGENDA
REPORT
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Page 2 of 3 ends

December 16, 2025
DocID #58959v1
RECOMMENDED ACTION: ADOPT a resolution to APPROVE contract amendment No. 2 with Macks Craic, Inc. dba Mack5 for construction management services for the Shields-Reid Park
Improvement Project in the amount of $110,000, for a
total contract amount not to exceed $797,700, with a
term ending December 31, 2026 – Public Works (Darcie
DeLashmutt 672-3944/Robert Armijo 620-5477).

DISCUSSION:

In December 2021, the City of Richmond was awarded $8,000,000 in grant funding through the State of California Department of Parks and Recreation’s Statewide Park Development and Community Revitalization Program (SPP) to renovate the southern portion of Shields-Reid Park (Attachment 1 and 2).

The project was identified as a community priority through extensive public engagement in 2020, with residents emphasizing improved safety, stronger cultural identity, enhanced recreation access, and activation of underutilized space. Construction in the southern 5.17-acre portion of the park is nearing completion.

On October 18, 2022, the City Council approved a sole source contract with Macks Craic, Inc. dba Mack5 for project and construction management services (Attachment 3). On June 18, 2024, the Council approved Contract Amendment No. 1, extending Construction Management services to align with the construction contractor’s schedule and support ongoing construction activities (Attachment 4).

As the project approaches completion, the project team has identified several additional improvements that can be completed using the remaining grant funds, including work that was not originally anticipated when the contract was approved. These additions, combined with construction duration impacts and the need to supplement geotechnical inspection services, increase the level of coordination, field oversight, and cost and schedule management required of Mack5. Contract Amendment No. 2 provides an additional $110,000 for these expanded construction management services and increases the not-to-exceed contract amount to $797,700. The amendment also extends the Construction Management support duration to terminate in September 2026 which will ensure that the project is delivered efficiently, and in compliance with State grant requirements (Attachment 5).

All funding for these services remains fully available within the existing State Parks SPP grant allocation, with no additional City funds required. City staff recommend that the City Council adopt a resolution authorizing Contract Amendment No. 2 with Macks Craic, Inc. dba Mack5 to provide the necessary services and support the on-time completion of the Shields-Reid Park Improvement Project (Attachment 6). 1392

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December 16, 2025
DocID #58959v1
DOCUMENTS ATTACHED:

Attachment 1 – Project Location
Attachment 2 – Site Plan
Attachment 3 – Original Contract
Attachment 4 – Contract Amendment No. 1
Attachment 5 – Proposed Contract Amendment No. 2
Attachment 6 – Resolution Approving Amendment No. 2 with Mack5 for Shields-Reid Park Improvements
1393
Shields-Reid Park Improvements
1410 Kelsey Street
Richmond, CA 94801
PE
WMSS
WV

SSCO SDCO SSCO
W
WVWV
SSCO
W INT
PT PE
SS SS
SS
WM WV

SSCO SDCO SSCO
W
W
W
W
SSCO
W W

LANDSCAPE

CONSTRUCTION AND
MATERIALS PLAN LC101 19 NORTH
0 10 20 40 1" = 20'-0" All designs and ideas contained within these drawings are the property of PlaceWorks, Inc. PlaceWorks hereby reserves its common law copyright and other property rights in these plans. These plans shall not be reproduced, changed, assigned, or copied in any form. Any changes made by parties other than PlaceWorks, without first obtaining the written permission and consent of PlaceWorks, shall relieve PlaceWorks of responsibility for the project or effected portion thereof. BID SET Richmond Contra Costa County California
2040 BANCROFT WAY #400
BERKELEY, CA 94704
PHONE: (510) 848-3815 Public Works
PROJECT TITLE: DRAWING TITLE: SCALE: DATE: 2/9/2024 REVISIONS: DRAWING NO: SHEET OF SHEETS

SHIELDS-REID PARK
IMPROVEMENTS 37
L I C E N S E D L A N D S C A P E A R C H I T E C T No. 6371 S T A T E O F C A L I F O R N I A Signature Date Renewal Date

J E S S E J O N E S ALAMO AVENUE

CHERRY STREET

KELSEY STREET
1 ZA101 PRE-MANUFACTURED RESTROOM SCHEMATICS
1 ZB101 STAGE CANOPY
1 1
2 3
4 5A 5B PUMP TRACK, NIC
A
B
C
D
E REPAIR EXISTING GATES, SEE NOTE 1 REPAIR EXISTING GATES, SEE NOTE 1 BID ALT 1: NATURE PLAY AREA:
· ZIPKROOZ· FULL ROUND STEPPERS· ENGINEERED WOOD FIBER· MOWBAND· 2 PICNIC TABLES BASE BID: TURF - SEE PLANTING PLAN PLAY AREA, AGES 5-12 YEARS REPAIR EXISTING GATES, SEE NOTE 1 LC502 2 ENGINEERED WOOD FIBER LC503 5 REMOVABLE BOLLARD LC502 5 4 FOOT STEEL FENCE, TYP. LC502 6 TRASH RECEPTACLE LC502 4 SYNTHETIC SAFETY SURFACING, TYP. LC503 7 ISLE SEATING LC503 4 TERRACED SEATING LC503 1 INTERPRETIVE SIGN, TYP. 1. AT EACH GATE, REMOVE TWO (2) EXISTING HINGES AND REPLACE WITH A PAIR OF 7-INCH HEAVY DUTY WELD ON BARREL HINGE SUITABLE FOR UP TO 3,000 POUND PER PAIR (KING KONG OR OTHER APPROVED SUPPLIER) REMOVE EXISTING GATE CLOSURE AND REPLACE WITH NON-RUSTING HEAVY GATE LATCH (VIPERLATCH SLV-VIPER-X1 OR APPROVED EQUAL). 2. REPLACE CHAIN LINK MESH AND ADJUSTABLE TRUSS ROD. UTILIZE EXISTING POSTS, REMOVE RUST AND PAINT BLACK. CHAIN LINK MESH SHALL BE COATED BLACK. ADJUSTABLE TRUSS ROD SHALL BE 3/8” WITH TURNBUCKLE AT CORNER. CHAIN LINK MESH SHALL BE TIED 18” O.C. TO TOP, MIDDLE, AND BOTTOM RAIL. 3. SEE HORIZONTAL CONTROL PLAN CH101 FOR PATHWAY WIDTHS 1 ZC101 NOTES: LC503 8 GUARDRAIL, TYP.
1 LC301 LC503 6 DRINKING FOUNTAIN
1S101 STAGE SLAB
2S101
3S101
,
, LC502 9 PICNIC TABLE, TYP. LC502 9 PICNIC TABLE, ADA REPLACE EXISTING CHAINLINK MESH, SEE NOTE 2, TYP. ALIGN THIS ROW OF BOLLARDS WITH CENTER EXISTING BACKFLOW BOLLARD, 5' OC MAX SPACING CL BID ALT 3: COURT REPAINTING · REPAINT AND RESTRIPE TWO (2) EXISTING BASKETBALL COURTS TO EXISTING DIMENSIONS AND COLORS USING OUTDOOR COURT PAINT. BID ALT 4: COURT RESURFACING AND PAINTING· PROVIDE 2" GRIND AND OVERLAY OF BLACKTOP AREA· REPAINT AND RESTRIPE TWO (2) EXISTING BASKETBALL COURTS TO EXISTING DIMENSIONS AND COLORS USING OUTDOOR COURT PAINT.· PROTECT EXISTING STORM DRAIN INLETS AND PIPES.· PROTECT EXISTING POSTS AND NETS. FITNESS AREA FITNESS AREA PROTECT EXISTING CONCRETE PAVING AND PLAYGROUND FENCE DURING INSTALLATION OF SYNTHETIC SAFETY SURFACING AND PLAYGROUND EQUIPMENT PROTECT EXISTING PLAYGROUND EQUIPMENT DURING INSTALLATION OF SYNTHETIC SAFETY SURFACING BID ALT 2: PERIMETER FENCE LC502 8 LOG SEATING, TYP. SEE APPENDIX G FOR FOOTING INFORMATION SEE APPENDIX G FOR FOOTING INFORMATION SEE APPENDIX F FOR FOOTING INFORMATION LC503 3 BIKE REPAIR STATION LC503 2 BIKE RACK, TYP. LC503 7 ISLE SEATING PUMP TRACK ACCESSIBILITY AND ETIQUETTE SIGN LC501 2 VEHICULAR CONCRETE PAVING 1395 1396
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CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

P.R. No: Vendor No: Contract No/P.O:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page) Term, Payment Limit and Service Plan Payment Limit and Service Plan Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original
contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

Public Works Jene Levine Snipes
[email protected] (510) 307-8132
3982 6376
Project Management and Construction Management services for the Shields Reid Park Renovation Project1
Macks Craic, Inc. dba Mack5
1000 Broadway, Suite 260
Oakland, CA 94607
Manil Bajracharya
(510) 595-3020 [email protected]
40040381 December 31, 2024
October 18, 2022
November 1, 2024 December 31, 2025
551,400.00
1469
Contract Amendment/EJ/TE 09-26-07

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

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

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

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Macks Craic, Inc. dba Mack5
1470
Contract Amendment between the City of Richmond and
Amendment No. Contract No./P.O.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
Macks Craic, Inc. dba Mack5
1 6376
78,300.00
629,700.00
Reference attachment #1 - Proposal
1471
mack5 Services:

Owners Representative
Project Management
Construction Management
Cost Management
Cost Planning
phone 510.595.3020
fax 510.595.1755
mack5
Headquarters
1900 Powell Street
Suite 470
Emeryville, CA 94608
Richmond Office
322 Harbour Way
Suite 16
Richmond, CA 94801
Proud Member of
April 18, 2024
Josef Munoj
Capital Projects Manager
City of Richmond, CA
Re: Shields Reid Park Project Additional Fee Request
Dear Mr. Munoj:

Mack5 has been providing Project & Construction Management services on the Shields Reid Park Improvements project.

Project Background
City of Richmond received $8 million funding from State of California through the Prop. 68 grant to renovate the existing Shields Reid Park. The redesigned park will include childrens play area, bike pump track, stage, public art, basketball courts, exercise area, community area, landscaping and parking.

City is in the process of awarding the construction contract to Azul Works, Inc.

The bike pump track construction is being done by American Ramp Company under a design build procurement. Currently it is tentative scheduled to start in July 2024.

Additional Fee Request
Our fee and scope were for providing construction management services for the construction of the park to be performed by the general contractor. Now with the bike pump track construction being done during the construction of the park, we are also providing construction management services for this scope and the total construction duration has increased to 15 months from 12 months in our proposal.

We are requesting additional fee of $78,300 for the 3 months for bike pump track construction management.

Thank you again for the opportunity to provide our services. Please let us know if the City has any questions about this request.

Sincerely,
Manil Bajracharya
Principal
Senior Project Manager
mack5
$78,300
1472
Contract Amendment between the City of Richmond and
Amendment No. Contract No./P.O.

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
Macks Craic, Inc. dba Mack5
1 6376
1473
Contract Amendment between the City of Richmond and
Amendment No. Contract No./P.O.

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