Attachment 3 Construction Contract
Bay Construction Co.
4026 Martin Luther King Jr. Way
Oakland, CA 94609
Phone: 510-658-7225 ext. 3
Fax: 510-658-4890
TRANSMITTAL FORM
PROJECT NAME: MIRAFLORES SUSTAINABLE GREENBELT
CONTRACT NO: INTERPRETIVE SIGNAGE ROJECT
DATE: 08/12/2025
TO: City of Richmond
450 Civic Center Plaza
COMPANY: Richmond, CA 94804
WE ARE SENDING HERE WITH:
DATE QUANTITY TTITLE
1 Sanctuary City Compliance
1 Construction Agreement
1 First Source Agreement
1 Agreement to be Bound
Performance Bond
1 Payment Bond
1) City Business License
BY: Yong Kay
RECEIVED BY:
SPECIAL INSTRUCTIONS:
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 hereafter "Sanctuary City Contracting Ordinance" or "SCCO"). Contractor understands and agrees that the City may choose with "Data Broker" means either of the following:
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 ov on the or niling it sages es false information in vill prompty e Siy they amier in ise nor person brent sho owingıy or willingly supple
fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Yona Kau President
Signed: 08/12/2025
Business Entity: Mark Lee # Yong Kay, inc, OBA Bay Construction Co.
Vendor SCCO Compliance Statement (July2024)
37 Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 City of Richmond
Department of Public Works
CONTRACT
CONSTRUCTION AGREEMENT
This Construction Agreement ("Agreement") is made and entered into this 18 day of June, 2025, by and
RECITALS
On February 28, 2025, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of Miraflores Sustainable Greenbelt, Interpretive Signage Project, located at Miraflores Sustainable Greenbelt, Richmond, CA (the "Project").
B. Contractor submitted the lowest responsive bid and has been determined to be responsible.
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!
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 (RFl), responses to RFI, and addenda issued prior to the deadline for submitting bids [THIS LIST MAY BE MODIFIED TO
PROVIDE A MORE DETAILED DESCRIPTION OF THE DOCUMENTS FOR YOUR PROJECT - FOR EXAMPLE, YOU MAY SPECIFY THE NUMBER OF RFI/RESPONSES TO RFI THAT RE INCLUDED] - Contractor's Proposal as attached, and this Agreement, constitute the "Contract Documents." Section 1.2 Construction.
Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.
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.
Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 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 Ill 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. (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 seg., 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.
Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 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 ill 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. (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; (i) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (ili) 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.
Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 (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.
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.
During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Section 1.8 Working Hours.
Eight hours of labor is a legal day's work. Any worker's time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements. Work on site will be allowed between 8am and 5pm during work days. Weekend work will only be allowed with prior approval from the City between 9am and 4pm.
Section 1.9 Insurance and Bond Requirements.
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.
Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Mirafiores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 (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 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.
Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
Section 1.10 Security In Lieu of Retention
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.
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."
Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miratiores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of _ dated _ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _ and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner (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:
Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 Title Title
Name Name
Signature Signature
Address Address
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
Title Title
Name Name
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.
As provided in SB 854: a) no contactor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the pertormance of any contract for public work, unless currently registered with the Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(a)]; b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(b)]; and c) work performed on the project is subject to compliance monitoring and enforcement by the DIR [Gov't Code Section 1771.41.
Section 1.12 Job Site Notices.
Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
ARTICLE II
DEFAULT AND REMEDIES
Section 2.1 Events of Default.
In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.
Each of the following shall constitute a "Default" by Contractor under this Agreement:
Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 (a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents.
The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City's last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work. (c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive. (d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.
Section 2.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
Specific Performance. The City shall have the right to mandamus or other suit, action o proceeding at law or in equity to require Contractor to perform its obligations and covenant under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
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.
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 bower, or remedy given to the City by the terms of any such instrument, or by any statute oi otherwise against Contractor and any other person. Neither the failure nor any delay on the part Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
Section 2.3 Waiver of Damages.
Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.
ARTICLE III
GENERAL PROVISIONS
Section 3.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees. Contractor shall be solely responsible for its own acts and those of its agents and employees.
Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:
1. The work performed in connection with the change to be made;
2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under "Force Account". Cumulative Contractor & Subcontractor mark up for labor and material shall not exceed a total of 15% (15% GC mark upon labor and material for self-performed work and 5% mark up on subcontractor work and 10% subcontractor mark up for labor and material) and; 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."
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.
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.
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 Section 3.3 Claims By Contractor.
No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.
Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, "Change Orders." If a dispute remains, then Contractor shall give written notice to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City's decision shall be final and the limitations period for the filing of a claim shall commence upon the City's issuance of its decision. If Contractor disagrees with City's decision, or if Contractor contends that City failed to provide a timely decision, then Contractor's SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor's position as required herein.
(c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City's written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment. Contractor's written claim must identify itself as a "Claim" under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 - 5; and (7) verification under penalty of perjury of the claim's accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.
Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. d) Administration After Claim Submittal.
City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (if the Claim is for less than $50,000) or within sixty (60) days (if the Claim is for $50,000 or more) of submittal, it shall be deemed denied.
2. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City's direction.
3. After their submittal, claims less than $375,000 shall also be subject to Section 20104 of the Local Agency Public Construction Act.
(e) Compliance
1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section
1.10.010(b), all Government Code claims must be presented no later than the 100'h day Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 after the earlier of (i) the date the City actively or passively denied the Claim, or (i) substantial completion or termination of the contract.
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,
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 Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "Claims"), resulting from injury to or death sustained by any person (including Contractor's or any subcontractors' employees), or damage to property of any kind, or any other injury or damage whatsoever, which Claims arise out of or are in any way connected with the construction of the Project, regardless of Contractor's fault or negligence; provided, however, that Contractor's, and Contractor's subcontractors' indemnity obligations hereunder shall not apply to the extent any Claims are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason. (b) In Claims against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.
Section 3.5 Non-Liability of City Officials, Employees and Agents.
No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.
Section 3.6 No Third Party Beneficiaries.
There shall be no third party beneficiaries to this Agreement.
Section 3.7 Conflict of Interest.
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 Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.
Section 3.8 Notices, Demands and Communications.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and
(1) if intended for the City shall be addressed to:
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: XXXX
With copy to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall be addressed to:
XXXX
XXXX
XXXX
Attn: XXXX
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.
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, anc 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 interes in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, interpretive Signage Project FEBRUARY 2025 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 In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay.
After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force- Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
Section 3.13 Waivers.
Any waiver by the City of any obligation or condition in this Agreement must be in writing. No 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 Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 Section 3.16 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
CITY:
Reviewed By:
CITY OF RICHMOND, a municipal corporation and charter
City Attorney
By:
ATTEST:
Name:
Its:
City Clerk
CONTRACTOR: Mark Lee & Yong Kay, Inc. DBA Bay
Construction, Inc.
By:
Name:
Its: PRESIDENT
Construction Agreement
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Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8
CITY OF RICHMOND
FIRST SOURCE AGREEMENT
(SAMPLE)
RECITALS
THIS FIRST SOURCE AGREEMENT is entered into on the date stated below by and between the CITY OF RICHMOND, a municipal corporation and charter city (hereinafter the "City"), andMARK LEE AND YONG KAY, INC., (hereinafter the "Employer"). DBA BAY CONSTRUCTION CO.
WHEREAS, the Employer has been awarded a contract, forgivable loan or subsidy by the City and/or the Richmond Community Redevelopment Agency, dated JUNE 18,2025 , 20 _(hereinafter the "Contract") to perform certain work and provide certain services at _in Richmond, California, described as follows:
Miraflores Sustainable Greenbelt, Interpretive Signage Project WHEREAS, the Employer, in addition to the Contract, agrees to enter into this First Source Agreement (hereinafter the "FSA") with the City;
NOW, THEREFORE, the parties hereto mutually agree as follows:
Compliance with Chapter 2.56. Employer will comply with the terms of Chapter
2.56 of the Richmond Municipal Code, Local Employment Program (hereinafter the "Ordinance"), a copy of which is attached hereto and incorporated herein by reference.
2. Liaison. Employer shall designate a liaison for issues related to the Ordinance and this FSA. The liaison shall work with designated City of Richmond staff to facilitate effective implementation of the Ordinance and this FSA (hereinafter the "Designated City Staff").
3. First Source Hiring Process for CONSTRUCTION and NON-CONSTRUCTION JOBS.- Employer shall take the following steps regarding hiring in furtherance of the Contract. (a) Long-Range Planning. Employer shall, prior to hiring in furtherance of the Contract, and as soon as practicable, provide to the Designated City Staff the approximate number and type of hires that it will make for employment, and the basic qualifications necessary for each projected hire. (b) Dual Notification Process (CONSTRUCTION ONLY). Where there is a signatory agreement with the local union and the associated craft, Employer shall work with the local union and the City of Richmond Employment and Training Department (hereinafter the "ETD") to fill those positions. The Employer shall forward to the ETD a copy of all personnel requests made to the trade unions, specifying the residency of personnel requested (this process is hereinafter referred to as the "dual notification process" and a description of it is attached hereto along with the Request for Craft form for use by the Employer). In the dual notification process, the Employer shall utilize the "name call," "rehires," "transfers," or "sponsorship" options in maximizing the participation of Richmond, California residents. (c) Notification of job opportunities. Prior to hiring in furtherance of the Contract, Employer shall notify the Designated City Staff, by email or fax, of available job openings and provide a Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 description of job responsibilities and qualifications, including expectations, salary, work schedule, duration of employment, required standard of appearance, and any special requirements, e.g., language skills, driver's license, etc. Job qualifications shall be limited to skills directly related to performance of job duties. (d) Filling of job opportunities. Prior to announcing or advertising in any form and by any means (except for compliance with internal posting procedures) the availability of an employment position created by the vacancy of an existing position or a new employment position, the Employer shall utilize the dual notification process to notify the pertinent union, if appropriate, and ETD in writing of such position, including a general description of the position and Employer's minimum requirements for qualified applicants, and shall request any pertinent union and ETD to refer qualified applicants for such position to Employer's trade union and/or personnel representative, as appropriate. The Employer shall refrain from any general announcement or advertisement of the availability of such position for a period of ten (10) business days after notification to the ETD. This ten-day period shall be known as the "Advance Notice Period." (e) Job Site Applications. In the event that any persons seek employment with the Employer at the job site, the Employer shall have the person complete a Job Site Application consisting of name, address, telephone number, social security number and trade. The Employer will then submit this information to the ETD.
(f) Transfer and Promotion. Nothing contained herein shall prevent the Employer from filling job vacancies or newly created positions without compliance with the foregoing procedures by transfer or promotion from its existing staff.
4. Monthly Reports. Employer shall, on a monthly basis, furnish certified payroll sheets to ETD. Failure to provide the City with this information shall result in delay of progress payments for that portion which is deemed not in compliance with the provisions of this FSA.
5. Quarterly Reports. Employer shall prepare quarterly reports detailing the number of hires for employment in furtherance of the Contract during the quarter and stating what percentage of such hires were residents of Richmond, California. The Designated City Staff shall assist Employer by preparing forms to be completed for this purpose. Reports shall be filed with the ETD within thirty (30) days after the completion of each quarter. Reports may include a description of any difficulties the Employer is having with obtaining qualified referrals through the Designated City Staff.
6. Non-compliance Procedure. In the event the City believes the Employer may not be in compliance with the requirements of this FSA, the following procedure will be followed:
(a) The Community and Economic Development Executive Director (hereinafter the "Executive Director") or designee shall cause to be delivered to the Employer a written "Notice of Non-Compliance" (hereinafter the "Notice"). The Notice shall specify the matters which constitute the non-compliance; the specific action required to correct the non- compliance; and the time period during which such correction shall occur. In no event shall this time period be more than thirty (30) days after receipt of the Notice by the Employer. If the Notice is mailed, it will be deemed received five (5) days after the date of mailing.
Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 (b) If the Employer disagrees with the Notice, they shall have the burden of proving compliance with the provisions of the Ordinance and shall submit any evidence and argument to the Executive Director or designee to establish compliance no more than thirty (30) days after receipt of the Notice by the Employer. (c) In the event the Executive Director or designee subsequently agrees that compliance has occurred, the Executive Director or designee shall cause to be delivered promptly to the Employer a written "Notice of Correction of Non-Compliance," specifying the original noncompliance which has been corrected.
In the event the Executive Director or designee does not agree that compliance has occurred, the Executive Director or designee shali promptly notify the Employer by a written "Notice of Failure to Correct Non-Compliance" (hereinafter the "Notice of Failure to Correct"), describing the facts constituting the non-compliance.
(e) After the issuance of the Notice of Failure to Correct, the Employer shall have the right to request a hearing before the City Manager or designee (hereinafter "Request for Hearing"), who shall make the final determination. The Request for a Hearing must be made within ten (10) working days after receipt of the Notice of Failure to Correct. If the Notice of Failure to Correct is mailed, it will be deemed received five (5) days after the date of mailing. The hearing shall be held no sooner than twenty (20) and no later than thirty (30) days after receipt by the City of the Request for Hearing, unless otherwise agreed to by the parties. At the hearing, the Employer will be allowed to present any evidence and argument it believes proves compliance. The City Manager or designee shall issue their final determination no later than ten (10) business days after the hearing. The Employer must exhaust this administrative remedy prior to commencing legal action.
(f) In the event no Request for Hearing is timely made, the determination of failure to correct non-compliance shall be deemed to be final.
(g) Should the Employer fail to comply with the Notice of Non-Compliance as specified above, and a final determination of non-compliance is made, the City may exercise any of its powers as specified in $2.56.080 of the Ordinance.
23 JULY 2025
Executed this day of
EMPLOYER CITY OF RICHMOND
→0912
- By: _
YONG KAY Name:
Name:
Title: PRESIDENT
Approved as to form:
City Attorney
Docusign Envelope ID: 7FB41C25-7C12-4594-82CF-6982DE0B58C8 Addendum A
AGREEMENT TO BE BOUND
[Date]
[Addressce]
[Address]
Re: City of Richmond Project Stabilization Agreement -- Agreement to be Bound Dear Mr./Ms.
The undersigned confirms that it agrees to be a party to and bound by the City of Richmond Community Workforce & Project Stabilization Agreement as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.
By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust agreements as set forth in Section 10.1, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate Subscription Agreements) for such trust funds when such trust fund(s) require(s) such documents).
The obligation to be a party to and bound by this Agreement shall extend to all work covered by the City of Richmond Community Workforce & Project Stabilization Agreement undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatever tier, 1o become similarly bound for all their work within the scope of this Agreement by signing an identical Agreement to be Bound.
This letter shall constitute a subscription agreement, to the extent of the terms of the letter.
CONTRACTOR/SUBCONTRACTOR: BAY CONSTRUCTION CO.
California Contractor State License No. or Motor Carrier (CA) Permit No.: CSIb 593411 Name of Authorized Person (print): YONG KAY
Signature of Authorized Person: 1912
Title of Authorized Person: PRESIDENT
Telephone Number of Authorized Person:_ 5106587225
Address of Authorized PerSO MARTIN LUTHER KING JR WAY, OAKLAND, CA 94609 DIR 1000000066
State Public Works Registration Number:
1456141988807
Project Stabilization Agreement
for the City of Richmond
Docusign Envelope ID: 7FB41G25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustalnable Greenbelt, Interpretive Signage Project FEBRUARY 2025 City of Richmond
Department of Public Works
PERFORMANCE BOND
Bond No. D70226562 Premium $9,130.00
Mark Lee and Yong Kay inc.
dba: Bay Construction Company
Whereas, The City Council of the City of Richmond, State of California, and complete cers i designated public improvements, witch said agremen, tated 0g/188 to 2032, and identified as project _ is hereby referred to and made a part hereof; and * Miratiores Sustainable Greenbelt, Interpretive Singag Project Whereas, Said principal is required under the terms of sald agreement to furnish a bond for the faithful performance of said agreement.
The Onto Casualty insurance Company
Now, therefore, we, the principal and — as surety, are held and firmly bound unto the City of Richmond (hereinafter called "City"), in the penal sum of _ dollars ($563,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *Five Hundred Sixty-three Thousand Dollars and no/cents The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on Jally 22. _ 2025
By:
Title: PRESIDENT MARK LEE AND YONG KAY, INC., DBA BAY CONSTRUCTION CO.
The Ohio Casually Insurance Company
By:
Title: Anthony F. Angelicola Altomey-in-Fact
END OF PERFORMANCE BOND
Bond Forms
00 60 00 - 4
This Power al Attorney limile the zels of those nemed hsisin, and they have no guilsurly is bind the Company axcapl In the manner and to the extent hereln afaled.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohlo Ceaually Inaurance Company • Carticate No. B200232.969091 Weel Amercen Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company Is a corporalion duly argarized under the laws of the State of New Hampshie, tha Uberty Must surance Company lo a exporation duty craned under the laws of tha Slate of Massechusets, and West American Insurance Company Is a caporallon chify organizes under tha laws of the bila of dera (herein collectively caked the "Compares", pursuant to and by autholly heren sal forth, does hereby nemo conellule ord appoin, Aniliany! Angolicole Toranco T, Cossy
San Francisco sule o Bach lindaduely / hers be move than one named, is true and lewit eloney intact To make. executo, sel, octrowledge end delivar, for end on its behal as aurely and es lis sal and deed, any and if underskings, bonds, recognizances and olher surely colletona, In pursuonce of there prasatis and shal bue binding upon the Compontes as I they tave hen duty alrned by the president and lesled by the secrelary of the Companleg in ther own proper personar
IN WITNESS WHEREOF, the Powar of Allomay has beer subecahed by an utadzed fcer of cifical of the Companas and the corporals els of the Companies live been afreu Cheato this _day of April 202L
Liberly Mulust Insurance Company
-SALT The Ola Casually insurance Contpony
SNERICAN Wesl American Insurance Company
1812 1919 1991
g
8/3 2584 By:
David Ml. Cerey, Assistant Secrolary
Stale of PENNSYLVANIA
County of MONIGOMERY
letter of credit Con tH Caay Copan i at American here Corps, ad at es it, bore chia to do estate recon haunt e o upose y before me personally appered David M. Carey, who acknaledgad himsell to be the Assistant Sectalary of Liborly Mutus Insurance rate or residual value guarantees. herein conlalned by staning on bahall of the corporatone day himsell as a duy suharized ofer.
IN WITNESS WHEREOP, I hava heronia subscilbed my nama and offxed my nolarial egal al King of Prussia, Pennsylvanla, on he day and year fist above ralten. loan,
Tress Peatso, Horry Pota
note, Mosigonsy Couty Teuro katells
My commission wakes Winch 21, 2025 By:
Consoralen huraber 1125043
Heater, Fans erect an a Hatray Teresa Pastella, Nolary Public NOTARY PITA Dawor af Attornnu
for mortgage, interest This Power of Allorney la made and axecuted pursuant to and by authority of the following by lars and Authorzalone of The Chia Casualty Irsurance Compery, Uberty Muleat Insurance Company, and West American Insurance Company witch resolutons are now in full force and effect reading as lollows:
rate. ARTICLEIN - OFFICERS: Secion 12, Pater of Allomey, Any officer or other afdal of the Corporation authorized for that purpose in willing by the Chalman or the President, and subjaci to such limitaten as tha Chakman or the andin Present may prescribe, shal appot such ollorays-in-lack as may be necessary lo act in behall of the Corporation lo make, execula, seal, acknowledge and deliver as surely any and ill undertaking, bonda, recognances and per surely blen. Such alemays-n-fact, sablect lo the unitetons est lot in their especia powers of allomey, shall Not vald currency Have ful power to bind he Corporation by thak signalure ond exaculon al any such Inaluments and lo allach thersto the scal of the Corporson. When to execuled, such Mand Insumenis shelbe as binding as Welged by the President and allesed lo by the decelary. Any power of aulhorty greated to any representatus or aloney-n-fact under the provlalone of this artle may be revoked al any um by the boerd, ths Chalman, the President or by the offces or offcers graning such pove or authorty. For ARTICLE XIII - Execulian of Contracts: Secton 5. Surely Sonds and Underlaings.
Any oficer of tha Company authardzed for that purpoe in wing by the chatman or the present, and subec lo such falla tons as the chalman e: the president may prescils. shall polin euch allorneys-f-fact, as may be recassary to act in betall of the Company lo maks, exaculs, seal, acknowledge and defver as surely any and all underlakings. bones, recognizance and other surely obligations. Such acmeys a laci subad to the timtalona set forth in their respective powers of alloney, stall hoya foll porer to bind the Company by the agnalure and execufor of any such instrumens and to allach theisto the seal of the Company. When so execuled such Instruments shall be as binding as Il stoned by the prestient and allesled ty the secrelary.
Cerica/s of Deggnation - The President of the Company, cling pursuant to tha Bylaws of the Company, atherizes David M Carey, Assistant Secrelary lo appoint such aloneya-in- Lect ag may be necessary lo cl on behalf of the Company lo maks, execulo, aal, ecknowledge and deliver a surely any and all underlakings, bonds, regaltanees and other surely oblgallons,
Authortalion By unanimous consent of tha Company'a Bosid of Dirscion, the Compeny consents thal scalme rmecharically reproduced signalura di any assistan secestery of the Company, theravar appearing upon a certled copy of any power of alley issued by to Compeny h cenacion ult suraly bonds, shat ba vald and thetig upon the Company with the sams fores and elled ss though manually affired.
1 Renea C. Lawallyn, ha undaralgned, Assistant Secrelary, The ON Casuily Irsurance Company, Uterty Mulcal insurance Company, ate West Andricer lestrance Corçany do hereby celly that the original power of tomay of which tha feegoling Is a full, lue sid corac copy of tha Power of Allenay exaculed by sad Compales, ishklaka and alled and has nak been ravaked.
4259007-25
ДОМОЧі CASUALTY INSURANCE
1912 1919 1991
By:
292017 SAYINOS Roses Dewelly A stand Saratri
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of. San Francisco
on 07-22-35 before me,. D. Tschaplizki - Notary Public
(insert name and title of the officer)
personally appeared Anthony F. Angelicola
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and officlal seal.
one chapteyes COMM. EXPIRES ANG, 7,20275
(Seal)
Docusign Envelope ID: 7FB41G25-7C12-4594-82CF-6982DE0B58C8 The City of Richmond
Miraflores Sustainable Greenbelt, Interpretive Signage Project FEBRUARY 2025 City of Richmond
Department of Public Works
PAYMENT BOND
(LABOR AND MATERIALS)
Bond No. 270226562
Mark Lee and Yong Kay inc. dba: Bay Construction Company Whereas, The City Council of the City of Richmond, State of California, and • niece prie pental hopeles pay refered to and made a part hereot, and Whereas, Under the terms of the agreement, the principal is required before entering upon the erformance of the work, to file a good and sufficient payment bond with the City of Richmond to secul e claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 the Civil Code.
The Ohio Casualty Insurance Company
Now, therefore, the principal and _ as corporate surety, are held firmly bound unto the City of Richmond (hereinafter called "City") and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of " 583,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, In addition to the face amount thereaf, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. ** Five Hundred Sixty-three Thousand Dollars and no/cents It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on July 22. , 2025.
By: -
Title: PRESIDENT MARK LEE AND YONG KAY, INC., DBA BAY CONSTRUCTION CO.
The Obio Casualty Insurance Company
By:
Title: Anthony F. Angelicola Attorney-in-Fact
Bond Forms
00 60 00 - 5
This Power ef Alterney limlle tha dela ofthoss named hsein, andthey hara no sulliwily fo bind the Company excepl in the manner and to the exient hereln slated.
Liberty Liberly Muluai Insurance Company
Mutual. The Ohio Casuaity naurance Company = Cartilicole Nu. 8208232.968091 Wesl American Insurance Company
SURETY
POWER OF ATTORNEY
et ne corporaton duly organd under the laws of the blals of Massachuselie, and Was American Insuranca Company ta corporation duly organizec under the laws Une Sala of indien harein collecvely called the Comparles"), pursuant lo and by authory harein alfort, does hareby name, consillule and appant, Antliny E Angelicoln: Tomance T. Coroy
all olthe dy of Hon Froncisco * Bạch krok dualy There be nore than and neme, 1s fre and leit allonney in-ladi to teke. execute, seai, cheedge end dever, for and on ka behall saurey and a lis sel and ded, any and all underiakings, bonds, regolzances and other surey obligstons, In pursuance of these presends and shall ba a bring upor the Comparles as i they have baer duly signed by the president and ellesied by the secrelary of the Companes in their on propet peraqha,
IN WTNESS WHEREOF, (hie Power of Allony has been subecbed by en awhorized oticer on ollical of the Companlas and the corporais soals of the Compontes hsva been affired :
thereto Thia day of 2021
Liberly Mutuat Insurance Company
The Chia Casuelly Insuranca Compony
West American Insurence Company
1919 1991 .....
8 By:
David M. Carey, Assistant Secretary
Blala of PENNSYLVANIA
County of MONTGOMERY #
Jetter of credit 2021 belore me personally appeared David M, Carey, who acknawadged himsell fo be the Assistant Secrelaty of Uberty Mulusl insurance Company fie la Grauety Company, and Wiel Ameren nuance Corpsy ad hat he, a such, berg eboiza do, asie the kregig haltune to il supe . thersin contalned by alging on behalf of the corporatons by himal as a duy ouhanzed offies. interest rate or residual value quarantees. IN WITKEBS WKERBOF, Ileva heraunlo subecribed my name end afixed my noariel seal af king of Prussla, Pennsylvania, on the day end ysar frst above wilien.
Commeset of Prouyhune Holy Bit
Honigonary Counly Teres Pestelles
Hy torlak erstes Hach 20, 2028 By:
mortgage, note, foan, Commislos anbar 1126011) Teresa Pastella, Nolary Fuelle Reabar, Pantstral satten of Hofirer
METAI PIN
This Power of Allorney Is made and execuled purauant la and by authority of the fooring Bylaas and Avihorzellona of The Otto Casually Insurance Company, Liberty Muluel Insurance Company, and West American Insurance Company which resolutione are now in lull lorca and eecl reading es lollows:
rate, ARTICLE Y - OFFICERS: Section 12, Power of Allomey, Any officer or othar offcal of the Corporken autored for that purposa in urling by the Chakman or the President, and subact lo such miadga as the Charman or the a Pende a pas a polt such someys-in-laci, es nay be necessary lo act in bahall of the Corporadion (o make, execula, anal, ecknokriedge and dellver as suraly sny and all urderlatings, bonda, reagntzences and other eurely oillons, uch alemays-In-fael, sublect to the limitions sei for in treir repellv pervera of alloney, stall g Not valid currency have ful power lo bind tha Corporaton by the signalure end executon of any such instruments and to allach therelo ha seal of the Corporalen, When so execuled, suchs Instruments shal be as binding as Il signed by the President and alisaled lo by the Gegelary, Any power cr authorty grenled to any represent alvg or allonay-n-fact under the Enr prodsfons of this arce may be revoked al any une by the Bord, the Chalman, the President or by the officer or officers granting such power er authorty.
ARTIGLE XII - Execullon of Contracis: Section 5. Burely Bonds and Underlakings.
Any ocer of the Company authorized for that purgass In wring by the chalman of te president, and subect lo such limitalons as the chakan of the president may prescite. shel eppoll Buch alomys k-fec, as may be recassary to ad in betalf of the Company io maks, execule, seal, acknawledge and delter as surely any and af underlakings, L bords, recognlzante and other surety obgations. Such atlomays-n-lac subach lo the timltalene at ford in the respolve pewers of allorney, shall hava fuli pover lo blnd the Cambury by thek egnature und executon of any such instrumands and lo ollsc theralo the sead of the Compeny, When so axeculed such Instuments shal be as blog as ll signad by the president and allested by the sacrelary.
Caricale of Designallan - Tha President of the Company, acing pursen to tha Bylaws of the Company, authories Dand w. Carey, Assistant Sacrelary lo appoint such allomeys-la- lact ad nay be necessary lo acl on behall of ne Corpany to makt, execule, saal, acknowlsdge and dalls sa suraly any and all undertakings, berids, scgnitances end other surely obligatens.
Authorizalion By unanimous consent of tha Company a Board of Directora, Uns Company consanta that lacalmllo or machanically reproduced signaluta of ady assislant secislary of the Company, whanaver apposting upon a cardfed copy of any power of allen y Issued by the Company'n connaton with suraly bonds, ahot ba vald and bind upan the Corspany with the sans lors ard elsdes though manually alliked.
1, Renes O. Lawallyn, tha underalynad, Asslsiant Secralary, The Olo Casually Inswanca Company, Liberty Mulual Insuranca Company, and West Amencar leseraica Corpany de harty cery thal the orginal power of alloney of which tha loregoling li a ful, wue and orsil copy of tha Power of Allanay eneciled by sald Compantes, ts to lud laca and slacl and has not baen ravakad.
Ah dere 07- -25
CASUALTE SURANCE
1912 1919 1991
Sy:
ACKNOWLEDGMENT
A notary public or other officer completing this
certiticate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Francisco
0n. 07-23-25 before me, D. Tschaplizki - Notary Public
(insert name and title of the officer)
personally appeared Anthony F. Angelicola
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. D. TSCHAPLIZKI
NOTARY PUBLIC • CALIFORNIA
SAN FRANCISCO COUNTY (
COMM, EXPIRES AUG. 7. 2027
(Seal)
4EANS222304MA9E2000A2S
BUSINESS TAX CERTIFICATE
License 40068442
Expires: 12-31-2025
2025
Mark Lee & Yong Kay, Inc. DBA Bay Construction Co
POST IN A CONSPICUOUS PLACE
4026 Martin Luther King Jr. Way - NON TRANSFERABLE -
OAKLAND CA 94609
Business Type: Class F
Type of Business: GENERAL CONSTRUCTION, LANDSCAPING, PAINTING City of Richmond • 450 CIVIC CENTER PLAZA • RICHMOND, CA 94804 • (510) 620-6742 2AXSNS283S3302262 AN9 AN 9405 02300204 222
Prepared in accordance to the Administrative Policy and Procedures manual POLICY NUMBER: AP 516
DETACH YOUR BUSINESS LICENSE TAX CERTIFICATE FROM ABOVE AND POST IN PUBLIC VIEW Business tax is due yearly regardless if renewal notice is received. You are required by City Ordinance RMC 7.04 to have a valid Business Tax Certificate it your business is located in the City of Richmond, or if you perform work within the City.
License 40068442 Effective Date 7/22/2025 To 12/31/2025 Summary of Fees Paid Owners)
F Construction Contractor $630.00 Credit YONG KAY
SB1186 $4.00 Credit 4026 MARTIN LUTHER KING
Credit JR WAY
New Business Application $35.00
OAKLAND, CA 94609
Receipt for Current License Fees
Receipt No: iMS1124832
Payment Date: 7/22/2025
Paid by: BAY CONSTRUCTION CO
Total Paid $669.00
This is not a Bill
For Information contact the City of Richmond Business Tax Office AP-08-99 450 CIVIC CENTER PLAZA • RICHMOND, CA 94804 • (510) 620-6742 www.ci.richmond.ca.us/bl IT-10-11
Business Mailing Address / Account: 40068442
YONG KAY
4026 MARTIN LUTHER KING JR WAY
OAKLAND, CA 94609
7/21/25, 5:39 PM 932922 - iMS
& BELMONTE'S CONCRETE SERVICES INC
State Licensed Contractor
Active 07/03/2025
$ 932922
Name BELMONTE'S CONCRETE SERVICES INC
Address 98 W JACKSON ST
Unit 202
Addr2 SUITE 202
HAYWARD, Hayward, CA 94544
MobileNumber (510) 261-8439
EmailAddress [email protected]
AltPhoneNumber (510) 261-8439
8 Linked Records
40068530 Active
B Contractor Information
Mailing Address Belmonte's Concrete Services, Inc.
https://ims.ci.richmond.ca.us/ims/Base/Details?EncrID=708106459 1/2