Agenda — Richmond City Council, March 17, 2026 (part 4 of 8)

March 17,2026

Public Works

DATE: March 17, 2026
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:

Accept Ferry Point Sewer Pump Station Project as
Complete
FINANCIAL IMPACT: Funding in the amount of $131,366.80 is required to close out the project. Sufficient funds are available in the Wastewater Enterprise Fund (Fund 4003), and no
General Fund support is required. Approval of this
appropriation will increase the total project budget from $2,732,742 to $2,864,109 (Account String: 40322931-
400708-01U10).

PREVIOUS COUNCIL
ACTION:

December 1, 2020
April 7, 2022
December 15, 2023

STATEMENT OF THE
ISSUE:

The Ferry Point Sewer Pump Station Project (CIP No.
01U10), as complete. During final cost reconciliation,
staff determined that a contractor credit of $136,050
associated with Change Order No. 2 was applied only to
the change order costs rather than deducted from the
original construction contract value. This accounting
discrepancy resulted in a shortfall of $131,366,80 and
additional funds need to be appropriated. A task
authorization amendment with Veolia is required to
reconcile all approved project expenditures and close out the contract.

AGENDA
REPORT
538

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March 17,2026
RECOMMENDED ACTION: ADOPT a resolution to APPROPRIATE and AMEND the task authorization with Veolia to increase the total project authority by $131,366.80; ACCEPT the Ferry Point
Sewer Pump Station Project as complete, and
AUTHORIZE the city clerk to record the Notice of
Completion with the Contra Costa County Recorder; and
AUTHORIZE the city engineer to release applicable
bonds and retention – Public Works Department (Darcie
DeLashmutt 510-672-3944/Robert Armijo 510-620-5477).

DISCUSSION:

The Ferry Point Sewer Pump Station Project replaced an aging and undersized pump station at the intersection of Brickyard Cove Road and Dornan Drive (Attachment 1).

The project enhances the reliability of the City’s sewer collection system and improves service to the surrounding community. The project is managed by Veolia, with Thompson Builders, Inc., serving as the contractor.

On December 1, 2020, the City Council awarded the construction contract for the Ferry Point Sewer Pump Station Project. Construction has been completed in accordance with the approved plans, specifications, contract documents, and applicable City of Richmond standards.

Over the course of the project, several design modifications and construction adjustments were required. Construction was substantially completed in 2023, and the City took beneficial occupancy of the new facility at that time. Following substantial completion, additional work was identified based on community feedback related to aesthetics and the visual compatibility of the pump station with the surrounding natural setting. These improvements were intended to reduce the visual impact of the facility and enhance the surrounding environment at the intersection of Brickyard Cove Road and Dornan Drive, in response to comments received during and after construction.

This additional work resulted in Change Order No. 2, which included:
 Raising the wall to screen pump station equipment
 Installing gates and screening
 Roadway resurfacing
 Trail improvements

During negotiations for Change Order No. 2, the contractor identified a contract credit of $136,050, which was expected to keep the project within the City Council-authorized amount. However, during final cost reconciliation, Veolia determined that the $136,050 credit was applied only to the cost of the change order instead of being deducted from the original contract value. This accounting discrepancy resulted in total project costs exceeding the previous authorization by $131,366.80 (Attachment 2).

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March 17,2026
A final cost reconciliation has been completed. The total construction cost, inclusive of prior change orders and Change Order No. 2, is $2,864,109. When combined with construction management, inspection, testing, and other soft costs, the total project expenditures are $3,414,008. This exceeds the previously authorized amount by $131,366.80.

Veolia has reduced the standard markup to 9 percent. The proposed appropriation will increase the total project authority for Veolia from $2,732,742 to $2,864,109, allowing the City to finalize all project expenses and close out the contract.

Status of budget and project costs are as follows:

A. Construction Contract Amount $2,039,740
B. Approved Change Orders $356,445
C. Change Order No. 3 $120,520
D. Veolia Mark-ups $347,404
E. Design, Construction Management, Inspection, Project Management, and other soft Costs
$549,899

Total Project Cost

$3,414,008

This appropriation reconciles existing approved work and does not add new project scope. The Ferry Point Sewer Pump Station Project is substantially complete.

Landscaping around the pump station will be installed by Public Works Operations and Maintenance during Winter 2026.

Upon acceptance, staff will file a Notice of Completion with the Contra Costa County Recorder’s Office, provided no outstanding liens or stop notices exist. As of this date, no such notices have been recorded.

There are no outstanding contractor claims or disputes associated with this project.

City staff recommend that City Council accept, by resolution, the construction of the Ferry Point Sewer Pump Station Project (CIP No. 01U10), completed by Thompson Builders, Inc., of Novato, California; authorize the City Clerk to record the Notice of Completion with the Contra Costa County Recorder; and authorize the City Engineer to release the bonds and retention payment, provided there are no outstanding liens or stop notices (Attachment 3).

DOCUMENTS ATTACHED:

Attachment 1 – Project Location
Attachment 2 – Proposed Change Order #2
Attachment 3 – Resolution Appropriating Funds and Accepting the Ferry Point Sewer Pump Station Project
540

Attachment 1 - Project Location
7/1/2025
Ferry Point Pump Station
541
Date:

VWNA Project #:

Administration
Engineering
Planning
Design
Construction X Proposed by:

Construction Chandrasekar Venkatraman, Veolia Water West Oper Services Sanitary Sewer
Storm Sewer Reviewed by:

Sanitary P.S. X Mary Phelps, Authorized City Dept. Rep. (PO verification) Storm P.S.

Wastewater Reviewed by:

City of Richmond, Finance Department
Other (specify below)
Approved by:

Daniel Chavarria
City of Richmond, Public Works Director
Approval Date:

Original Line Item Approved Cost: 2,039,740$
Approved markup (16.5%) 336,557
Previous Approved COs 356,445
Change Order 3 120,520
Previously Authorized Amount: $2,732,742.00 Approved markup (9%) 10,847 Total Authorized Amt.: 2,864,108$
Scope of Services
Attachments
The Ferry Point Sewer Pump Station project is nearing completion. The initial portion of the project was completed in 2023. After months of close coordination with the engineer of record and the General Contractor, the City of Richmond was able to successfully redesign a pump station that is both functional and acceptable to the residents; Final Completion is anticipated by mid-October.

When construction started up again this past June, the City and Veolia were resolved to complete the project with the remaining authorized funding, and Veolia worked with the Contractor to keep within the remaining Council authority. As negotiations continued, however, the added scope of construction costs were higher than anticipated (see attached Change Order 2 cost summary). The Contractor submitted a credit for their remaining contract amount of $136,050 to offset the change order cost. Veolia accepted this credit offer with the understanding that it would enable the project to remain within existing authorization. However, after the change order was executed, it was discovered that while the credit offset the change order costs, the amount of $136,050 still remained in the original contract value. As a result, the project cost has exceeded the original project authority by $131,366.80.

Therefore, in order to complete the project, we respectfully request an increase in project authority by that amount, augmenting the total authorization from $2,732,742 to $2,864,108.

Change Order 2 Cost Summary (page 1)
Previously executed TAs
TASK

AUTHORIZATION
Ferry Point Sewer Pump Station Replacement - Change Order 3 August 21, 2025
Activity Classification
(Check applicable)
RE.0662
542
ATTACHMENT TO CHANGE ORDER 3
543
544
545
12/15/23
546
547
548
for
Approved at City Council Meeting 04/05/2022
04/07/2022
549

RESOLUTION NO. xx-25________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

APPROVING AN AMENDMENT TO A TASK ORDER WITH VEOLIA WATER WEST

OPERATING SERVICES AND INCREASING THE TOTAL PROJECT AUTHORITY

FOR THE FERRY POINT SEWER PUMP STATION PROJECT, ACCEPTING THE

PROJECT AS COMPLETE, AND AUTHORIZING THE FILING OF THE NOTICE OF

COMPLETION AND RELEASE OF CONTRACTOR SECURITY

WHEREAS, the City of Richmond entered into an agreement with Veolia Water West Operating Services (“Veolia”) to provide contract operations support, project management, and administrative services for the Ferry Point Sewer Pump Station Project, located at the intersection of Brickyard Cove Road and Dornan Drive; and

WHEREAS, the Ferry Point Sewer Pump Station Project replaces an aging and undersized pump station, improving the reliability of the City’s wastewater collection system and service to the surrounding community; and

WHEREAS, during construction, design refinements and site improvements were implemented to enhance the visual and environmental compatibility of the facility, resulting in approved change orders and adjustments to the original scope of work; and

WHEREAS, during final cost reconciliation, staff identified that a contractor credit associated with Change Order No. 2 had been applied only to the cost of the change order rather than deducted from the original contract value, resulting in total project expenditures exceeding the previously authorized amount; and

WHEREAS, Veolia agreed to reduce the standard markup to nine percent (9%), and staff has determined that an amendment in the amount of $131,366.80 is required to reconcile final project costs, increasing the total project authority to $2,864,109; and

WHEREAS, appropriation of additional funding in the amount of $131,366.80 is required to close out the project; and

WHEREAS, the Project is funded through the Wastewater Enterprise Fund (Fund 4003) and has no impact on the General Fund; and

WHEREAS, the Ferry Point Sewer Pump Station Project has been completed in accordance with the approved plans, specifications, contract documents, and applicable City of Richmond standards, and the Director of Public Works recommends the project be accepted as complete.

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

Section 1. The City Council finds and determines that the facts, findings, and statements contained in the Agenda Report associated with this Resolution are true and correct and are hereby incorporated herein by reference as though fully set forth.

550

Section 2. The City Council approves an amendment to the task order with Veolia Water West Operating Services to increase the total project authority by $131,366.80, for a revised not- to-exceed amount of $2,864,109.00.

Section 3. The City Council approves an appropriation in the amount of $131,366.80 to close out the project.

Section 3. The City Council accepts the Ferry Point Sewer Pump Station Project (CIP No. 01U10), completed by Thompson Builders, Inc., of Novato, California, as complete in accordance with the approved plans, specifications, contract documents, and applicable City standards.

Section 4. The City Clerk is authorized and directed to file the Notice of Completion for the Ferry Point Sewer Pump Station Project with the Contra Costa County Recorder’s Office, provided there are no outstanding liens or stop notices.

Section 5. The City Engineer is authorized and directed to release the contractor’s bonds and retention payment in accordance with applicable laws, regulations, and contract provisions, provided there are no outstanding liens or stop notices.

Section 6. The City Clerk is designated as the custodian of records for all documents and materials related to this Resolution and the Project file, which shall be maintained at the Office of the City Clerk, 450 Civic Center Plaza, Richmond, California 94804.

Section 7. 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 March 17, 2026, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
551

Mayor

Approved as to form:

City Attorney
552

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March 17, 2026

Public Works

DATE: March 17, 2026
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:

Construction Agreements with Musco Sports Lighting,
CXT, and FieldTurf for the Soccer Fields-Restrooms–
Parks Project
FINANCIAL IMPACT: Funding totaling $2,408,604 is available in the American Rescue Plan Act (ARPA) grant fund for the Soccer
Fields–Restrooms–Park capital project, covering
Piggyback agreements and 15 percent contingencies for
Musco Sports Lighting, LLC, CXT Incorporated, and
FieldTurf USA, Inc. (Account String: 13636031-400708-
23046).

PREVIOUS COUNCIL
ACTION:

July 11, 2023
April 16, 2024
June 4, 2024

STATEMENT OF THE
ISSUE:

City Council approval is required to ratify Piggyback
Agreements for specialized project elements—sports
lighting, prefabricated restrooms, and synthetic turf—and to authorize the Public Works Director to approve
associated change orders for the Soccer Fields–
Restrooms–Parks Project. The Piggyback agreements
were not individually identified in the prior City Council authorization on June 4, 2024, and therefore require
explicit ratification by resolution.

AGENDA
REPORT
553

Page 2 of 4 ends

March 17, 2026
RECOMMENDED ACTION:

ADOPT a resolution to RATIFY construction agreements
with Musco Sports Lighting, LLC in the amount of
$688,293 with a $103,243.95 contingency for lighting
materials and installation for the Shields-Reid Park
multipurpose field; CXT Incorporated in the amount of
$432,936 with a $64,940.45 contingency for a
prefabricated restroom structure and installation at
Wendell Park; and FieldTurf USA, Inc. in the amount of
$973,209 with a $145,981.35 contingency for synthetic
turf materials and installation for the Shields-Reid Park multipurpose field, respectively, for a combined
agreement amount of $2,094,438, and authorizing the
director of public works to approve change orders up to $314,165.75 (15 percent) for a total payment limit of
$2,408,604 – Public Works Department (Darcie
DeLashmutt 510-672-3944/Robert Armijo 510-620-5477).

DISCUSSION:

On April 16, 2024, the City Council approved a total of $7,703,008 in American Rescue Plan Act (ARPA) funding for the Soccer Fields–Restrooms–Parks Project, which includes improvements at Shields-Reid Park, Martin Luther King Jr. Park, and Wendell Park (Attachment 1). The project scope covers the renovation of sports fields, lighting, restrooms, and other park amenities.

On June 4, 2024, City Council authorized the Director of Public Works to award the bid and execute the contract with the lowest responsive and responsible bidder. Since the sports lighting, synthetic turf, and prefabricated restrooms project elements require manufacturer-provided systems, warranties, and installation methods, the bid documents identify a total of five contractors needed to complete the scope of work.

Individual contractors had not been identified at the time.

As contractors were identified, subsequent City Council actions awarded contracts to Calico California Constructores, Inc. on April 1, 2025, and Bauman Landscape & Construction, Inc. on May 5, 2025, for general site and park improvement construction.

The remaining agreements utilize Piggyback Agreements for the procurement and installation of sports lighting, synthetic turf, and prefabricated restrooms. Piggyback Agreements enable the City to contract directly with manufacturers, ensuring supplier installation and warranty coverage while reducing overall project costs and avoiding additional contractor markup. Richmond Municipal Code (RMC) §§ 2.52.330 (Piggyback Procurement) authorizes the City to use competitively awarded Piggyback agreements when doing so is determined to be in the City’s best interest and provides pricing or administrative advantages.

554

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March 17, 2026
Agreements utilize contracts competitively awarded through Sourcewell, a national purchasing program that satisfies ARPA requirements, is consistent with PCC §§ 10298–10299 and meets the requirements of RMC §§ 2.52.330 (Attachment 2, 3, and 4). This allows the City to procure without issuing a separate formal bid.

Executed Piggyback Agreements for City Council ratification:
 Musco Sports Lighting, LLC: Lighting materials and installation for Shields-Reid Park multipurpose field = $688,293 (Attachment 2)
15% Contingency = $103,243.95

 CXT Incorporated: Prefabricated restroom structure and installation = $432,936 (Attachment 3)
15% Contingency = $64,940.45

 FieldTurf USA, Inc.: Synthetic turf materials and installation for Shields-Reid Park multipurpose field = $973,209 (Attachment 4)
15% Contingency = $145,981.35

Total Piggyback Agreement Amount: $2,094,438
Total 15% Contingency Amount: $314,165.75
Total: $2,408,604.09

This item is seeking City Council ratification for these remaining agreements. City staff have verified that:
 Use of the Sourcewell contracts is in the City’s best interest as they are pre- priced and designed to streamline purchasing while reducing project costs and delivery time.
 The originating contracts were competitively solicited in a manner substantially similar to the City’s bidding requirements.
 The scope and specifications are substantially similar to the Project’s needs; and  The pricing is fair and reasonable and provides administrative and/or cost efficiencies compared to issuing a separate bid.

Due to necessary coordination among contractors and potential utility-related site conditions, City staff recommend a 15 percent contingency consisting of $103,243.95 for Musco Sports Lighting, LLC; $64,940.45 for CXT Incorporated; and $145,981.35 for FieldTurf USA, Inc., for a total contingency of $314,165.75. This contingency will allow City staff to issue change orders promptly to prevent construction delays and address unforeseen conditions typical in multi-site park renovation projects while maintaining compliance with ARPA timelines.

City staff request that the City Council adopt a resolution ratifying the construction agreements, as the suppliers and amounts were not specifically identified on the June 4, 2024, City Council approval. In addition, City staff request authorization for the Director of Public Works to approve change orders as needed for a total not-to-exceed 555

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March 17, 2026
amount of $2,408,604. Funding is available from the previously allocated ARPA grant for Capital Improvement Project #23046.

DOCUMENTS ATTACHED:

Attachment 1 – Project Locations
Attachment 2 – Construction Agreement - Musco
Attachment 3 – Construction Agreement - CXT
Attachment 4 – Construction Agreement - FieldTurf
Attachment 5 – Resolution Ratifying Piggyback Agreements and Authorizing Change Order Authority

556
60" DIA TURNING CIRCLE
60" DIA TURNING CIRCLE

VICINITY MAP

GENERAL NOTES

ACCEPTED BY THE CITY OF RICHMOND
MARCIA D. VALLIER, LANDSCAPE ARCHITECT, CA#3294

DESCRIPTION

INDEX OF DRAWINGS

SHEET DRAWING
NO.

DATE
DATE
CSWST2

LOCATION

PROJECT

USACALL

TWO WORKING DAYS

TOLL FREE

BEFORE YOU DIG
800-642-2444
OR DIAL 811
TS1.0 TITLE SHEET

LOCATION MAP
ROBERT ARMIJO, P.E.

DEPUTY PUBLIC WORKS DIRECTOR / CITY ENGINEER

NOT ALL EXISTING UTILITIES AREA SHOWN ON THE PLANS

AND THOSE IDENTIFIED ARE SHOWN IN THEIR APPROXIMATE
LOCATIONS. EXISTING UTILITY LOCATIONS ARE AVAILABLE

FOR REVIEW ON AS-BUILT TO BE OBTAINED FROM THE CITY
OF RICHMOND. CONTRACTOR TO VERIFY LOCATIONS.

1. IT SHALL BE CONTRACTOR'S RESPONSIBILITY TO FIELD
VERIFY LOCATIONS, ELEVATIONS, ETC. OF EXISTING

FACILITIES AND TO IMMEDIATELY NOTIFY THE ENGINEER IN
WRITING OF ANY FIELD CONFLICTS OR OMISSIONS.

2. ALL CONSTRUCTION MUST BE TO THE CITY OF RICHMOND

STANDARDS AND ACCEPTED BY THE PUBLIC WORKS
INSPECTOR. STANDARD PLANS ARE AVAILABLE AT THE
OFFICE OF THE PUBLIC WORKS INSPECTOR.

3. CONTRACTOR SHALL MEET WITH CITY OF RICHMOND FOR A
PRE-CONSTRUCTION CONFERENCE AT LEAST 1 WEEK PRIOR
TO START OF CONSTRUCTION.
24 HOURS NOTICE REQUIRED ON ALL INSPECTIONS.

4. CONTRACTOR IS RESPONSIBLE TO MAKE ALL

ARRANGEMENTS FOR SITE INSPECTIONS AND INSURE THAT

ALL CURRENT STANDARDS FOR THE CITY OF RICHMOND

ARE FOLLOWED PRIOR TO BEGINNING ANY PHASE OF
CONSTRUCTION WORK.

5. CONSTRUCTION SHALL BE LIMITED TO BETWEEN THE
HOURS OF 8:00 A.M. AND 5:00 P.M., MONDAY THRU FRIDAY

AND INSPECTION REQUESTS SHALL BE LIMITED TO NORMAL
CITY BUSINESS HOURS: 8:00 A.M. TO 5:00 P.M., MONDAY
THRU FRIDAY. ARRANGEMENTS FOR ANY OVERTIME

INSPECTION SERVICES AND PAYMENTS OF FEES FOR SAME
SHOULD BE MADE 48 HOURS IN ADVANCE AND ARE SUBJECT

TO INSPECTION AVAILABILITY AND APPROVAL BY THE
OWNER'S REPRESENTATIVE.

6. DUST CONTROL DURING ALL PHASES OF CONSTRUCTION IS
THE RESPONSIBILITY OF THE CONTRACTOR. IT IS ALSO THE

CONTRACTOR'S RESPONSIBILITY TO MAINTAIN GOOD

HOUSEKEEPING OF THE EXISTING IMPROVED STREETS IN
THE CONSTRUCTION AREA.

7. WATER FOR DUST CONTROL MAY BE PURCHASED FROM

THE APPROPRIATE AGENCY PRIOR TO START OF ANY WORK,

AND IT IS THE RESPONSIBILITY OF THE CONTRACTOR FOR
ANY FEES OR DEPOSITS.

8. PRIOR TO THE PRE-CONSTRUCTION CONFERENCE, THE

CONTRACTOR SHALL SUBMIT FOR APPROVAL THE PROPOSED
ROUTE(S) FOR ALL CONSTRUCTION TRAFFIC ON PROJECT.

UPON APPROVAL, THE CONTRACTOR SHALL STRICTLY

ADHERE TO THAT ROUTE(S) ONLY, UNLESS WRITTEN

PERMISSION IS OBTAINED TO CHANGE THE ROUTE(S)

9. THE CONTRACTOR SHALL MAINTAIN ACCESS TO RESIDENCES

AND BUSINESSES AT STAGING AREA, ON PUBLIC STREETS AND

SIDEWALKS THE GREENWAY TRAIL THROUGHOUT THE LIFE OF
THE CONTRACT AS SPECIFIED IN THE SPECIAL PROVISIONS.

10. CONTRACTOR SHALL NOTIFY UNDERGROUND SERVICES ALERT (U.S.A.) 800-227-2600 (OR DIAL 811), TWO (2) WORKING DAYS PRIOR TO START OF ANY EXCAVATION OR DEMOLITION OF IMPROVEMENTS.

11. EXISTING FACILITIES AND IMPROVEMENTS INCLUDING BUT NOT LIMITED

TO TREES, LANDSCAPING, IRRIGATION, FENCES, WALLS, SIDEWALK AND

OTHER PAVEMENT SURFACES SHALL BE REPAIRED AT CONTRACTOR'S EXPENSE. CONTRACTOR SHALL RESTORE ANY AND ALL PAVEMENT AND

OTHER FACILITIES OUTSIDE LIMITS OF WORK AFFECTED BY THE CONSTRUCTION OPERATIONS AT NO ADDITIONAL COST. IT IS THE

CONTRACTORS RESPONSIBILITY TO VIDEOTAPE OR DOCUMENT

EXISTING CONDITIONS PRIOR TO START OF WORK TO SUBSTANTIATE ANY PREVIOUS DAMAGES, ETC.

12. TRAFFIC CONTROL DURING CONSTRUCTION SHALL BE THE

CONTRACTOR'S RESPONSIBILITY AND IN ACCORDANCE
WITH AN APPROVED TRAFFIC CONTROL PLAN. SUBMIT PLAN
TO THE CITY FOR REVIEW AND APPROVAL. THE

CONTRACTOR SHALL PROVIDE ALL LIGHTS, SIGNS,

BARRICADES, FLAGMEN AND OTHER DEVICES TO PROVIDE

FOR SAFE PASSAGE OF PUBLIC VEHICULAR AND
PEDESTRIAN TRAFFIC.

THE CONTRACTOR SHALL EXERCISE CARE TO PROTECT THE EXISTING OVERHEAD AND UNDERGROUND UTILITIES DURING CONSTRUCTION.

THE CONTRACTOR SHALL IDENTIFY THESE UTILITIES PRIOR TO START OF WORK AND PROTECT THEM DURING CONSTRUCTION. METHOD OF PROTECTION SHALL BE APPROVED BY THE ENGINEER. THE COST OF

REPAIR WORK DUE TO FAILURE OF THE CONTRACTOR TO EXERCISE CARE WILL BE INCURRED BY THE CONTRACTOR. ANY DAMAGES TO THE L0.0CONSTRUCTION LEGEND
L1.0 DEMOLITION PLAN
L2.0CONSTRUCTION LAYOUT PLAN BASE BID
L3.0CONSTRUCTION DETAILS
L3.1CONSTRUCTION DETAILS NOTES:

1. PATH OF TRAVEL (P.O.T.) AS INDICATED IS A BARRIER FREE

ACCESS ROUTE WITHOUT ANY ABRUPT VERTICAL CHANGES
EXCEEDING 12" BEVELED AT 1:2 MAX. SLOPE EXCEPT THAT
LEVEL CHANGES DO NOT EXCEED 14" VERTICAL AND IS AT
LEAST 48" WIDE. SURFACE IS SLIP RESISTANT, STABLE, FIRM AND SMOOTH. CROSS SLOPE DOES NOT EXCEED 2%, AND
SLOPE IN THE DIRECTION OF TRAVEL DOES NOT EXCEED 5%.

P.O.T. SHALL BE MAINTAINED FREE OF OVERHANGING
OBSTRUCTIONS TO 80" MINIMUM AND PROTRUDING OBJECTS
GREATER THAN 4" PROJECTION FROM WALL AND ABOVE 27"
AND LESS THAN 80". CONTRACTOR TO VERIFY THAT
BARRIERS IN THE PATH OF TRAVEL HAVE BEEN REMOVED.

ENCLOSURE TO MEET ACCESSIBILITY STANDARD PER
CBC 11B-206.2.2 AND 11B-206.2.8 AND CBC 11B-404.2.3-2.10 LEGEND - PATH OF TRAVEL:

FIELD

ACCESSIBLE PATH OF TRAVEL

PATH OF TRAVEL

NOT TO SCALE
TS1.0

AS NOTED

TITLE SHEET
L3.2CONSTRUCTION DETAILS
L3.3CONSTRUCTION DETAILS
L3.4CONSTRUCTION DETAILS
L4.0IRRIGATION PLAN
L4.1IRRIGATION LEGEND AND DETAILS
L2.1
C1.0 GRADING AND DRAINAGE PLAN BASE BID
C2.0 UTILITY PLAN BASE BID
C3.0 CONSTRUCTION DETAILS

NOT TO SCALENOT TO SCALE

LOCATION

PROJECT
WENDELL PARK 10/28/2024 PERMIT SET
P:\Shared\Projects\2023\2300051 Richmond Parks Assessment\Wendell Park Field Renovation\DWG\Sheets\TS Wendell Park.dwg 10/31/2024 - 11:44 AM Brian G 1:3.56 Sheet
Plan File:

Project Number: 2300051
Scale:

Date: NOVEMBER 2024
Rev Date Description Designed Drawn Checked
121 Park Place
Richmond, CA 94801
tel: 510-367-6166
Engineering
Planning
Landscape Architecture
Land Surveying
Mapping
RICHMOND, CA 94805
Stamp FIELD RENOVATION
Sheet Title

PROJECT
24th STREET & WENDELL AVENUE
10/28/2024 BID SET

MV BG MV
Marcia D. Vallier
-No.3293
STATE
O
FCA
L

IFORNI A
Signature
Renewal Date
Date

L I C ENSED LANDSCAPE

ARCHITECT
10/30/2024
03/31/2025

NORTHNORTH
C1.1 GRADING AND DRAINAGE PLAN ALTERNATE #1
C2.1 UTILITY PLAN BASE ALTERNATE #1
C3.1 CONSTRUCTION DETAILS
C4.0 EROSION CONTROL PLAN
C0.1 CIVIL ABBREVIATIONS, LEGEND, & GENERAL NOTES
26TH STREET

ESMOND AVENUE

WENDELL AVENUE
ALT. #1 -

PLAY AREA &

RESTROOM

TO AC TRANSIT
LINE 74 ON
23RD STREETBASE BID

RESTROOM
L0.1GENERAL NOTES
L2.2
CONSTRUCTION LAYOUT PLAN ALTERNATE #1
L3.5CONSTRUCTION DETAILS
L3.6CONSTRUCTION DETAILS
L3.7CONSTRUCTION DETAILS
L4.2IRRIGATION DETAILS
L4.3IRRIGATION DETAILS
L4.4IRRIGATION DETAILS
L5.0PLANTING PLAN, PLANT LIST AND DETAIL

CITY OF RICHMOND

WENDELL PARK FIELD RENOVATION PROJECT
26th STREET & WENDELL AVENUE RICHMOND, CA
CONSTRUCTION LAYOUT PLAN ALTERNATE #1E0.1SYMBOLS LIST AND GENERAL NOTES E1.1SITE PLAN - ELECTRICAL
October 30, 2024
557
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Docusign Envelope ID: 01D881D2-8F22-4BFB-880B-32F1E4DC7C8D 559
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For the Contract between the City of
Richmond and

___Musco Sports Lighting, LLC____

EXHIBIT F

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

In addition to the General Conditions set forth herein, Contractor (referred to herein as “Recipient”) shall comply with the terms and conditions set forth in the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award terms and conditions which are attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions and the terms and conditions set forth in the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Contract Provisions, the terms and conditions set forth in the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Contract Provisions shall take precedence and shall prevail.

Also appliable to this funding, are requirements found in Uniform Guidance, 2 CFR Part 200, including Appendix II to 2 CFR Part 200.

b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.

Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024.

Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.

b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations.

c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.

Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.

Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.

Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

b. Federal regulations applicable to this award include, without limitation, the following:

i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award.

ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.

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iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.

v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.

viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

ix. Generally applicable federal environmental laws and regulations.

c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;

ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;

iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;

iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and

v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act.

Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.

b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.

Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award.

b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.

595

b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.

c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on- the- job seat belt policies and programs for their employees when operating company- owned, rented or personally owned vehicles.

Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

596
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7 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
ARTI
CLE II

DEFAULT AND REMEDIES

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 Docusign Envelope ID: EBDCB12B-2C6B-45D3-BF5F-793CC2EC7FF4 603
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Brian Hall
606 N. Pines Road, Suite 202
Spokane Valley, WA 99206
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Tawfic Halaby
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1 CONS

TRUCTION AGREEMENT
T
his Construction Agreement (“Agreement”) is made and entered into this 1 day of June 2025, by and between the City of Richmond, a municipal corporation and charter city (“City”) and ___FieldTurf USA, Inc.___________ (“Contractor”), with reference to the following facts.

The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS
A. On
March 16, 2022, Sourcewell solicited bids from contractors willing to install synthetic turf and undertake the construction of 23046 Soccer Fields-Restrooms-Parks Project, located at 1410 Kelsey Street, Richmond, CA (the “Project”).

B. Shoul
d any information in the Construction Agreement be in conflict with Sourcewell agreements, at all times the Sourcewell agreement shall prevail.

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

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

ARTI
CLE I

CONSTRUCTION OF PROJECT
Se
ction 1.1 Contract Documents.

Pr
oject 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 – Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.”
Se
ction 1.2 Construction.

Cont
ractor 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.

Se
ction 1.3 Payments.

Co
ntractor agrees to receive and accept the sums set forth in the April 16, 2025 proposal totaling $973,209, 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 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 Construction Drawings Conformed Set 3.12.25 and Special & Technical Provisions Conformed 3.12.25.

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2 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.

(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 Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 643
3 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.

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.

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4 (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 submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 645
5 prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.

Section 1.10 Security In Lieu of Retention.

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

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

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive 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 Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 646
6 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:

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7 On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

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

ARTICLE II

DEFAULT AND REMEDIES

2.1 Events of Default.

Each of the following shall constitute a "Default" by Contractor under this Agreement:

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8 (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.

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:

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9 (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.

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.

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10 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 Section 9-1.04 “Force Account” of the 2010 State of California Department of Transportation Standard Specifications; and

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

Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow the procedures set forth in this Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 651
11 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.

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

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

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

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

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.

3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.

Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "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.

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13 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 conf
lict 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.

Secti
on 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 inte
nded for the City shall be addressed to:

City of R
ichmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Darcie DeLashmutt
With copy t
o:

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

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.

FieldTurf USA, Inc.

Attention: Sara Marinelli
200-7445 Cote-de-Liesse Road
Montreal, QC H4T 1G2
Copy to: Legal Department
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14 Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

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

Section 3.11 Severability.

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

Section 3.12 Force Majeure.

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

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15 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.

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

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16 Reviewed By:

_______________________
City Attorney

ATTEST:

_______________________________
City Clerk

CITY:

CITY OF RICHMOND, a municipal corporation and
charter city

By: _________________________________

Name: _________________________________

Its: __________________________________

CONTRACTOR:

By: _________________________________

Name: _________________________________

Its: _________________________________
Darren Gill
Executive VP
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Director of Public Works
657
17 Exhibit A
Proposal
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COOP PRICING PROPOSAL
CA LICENSE # 849044, DIR LICENSE #1000004625

SHIELDS-REID PARK

April 16, 2025

FieldTurf USA, Inc. is pleased to present the following proposal. FieldTurf pricing is based on the Sourcewell contract (formerly NJPA). Sourcewell provides predetermined preferential pricing through approved vendors. Since the products have already been bid at the national level, individual municipalities do not have to duplicate the bidding process per Sourcewell Contract # 031622-FTU.

Click on the following Sourcewell hyperlink for contract due diligence documentation: Sourcewell

Shields-Reid Park Quantity Units Unit Price Total
Synthetic Turf & Pad
1 Shockbase Pro Pad with Liner 103,641 SF $2.48 $257,030.00 2 FieldTurf 2" Vertex Prime Trueblend 103,641 SF $6.35 $658,120.00 3 Inlaid Soccer Markings 1 EA $9,974.00 INCLUDED
4 Inlaid Mini Soccer Markings 2 EA $9,974.00 INCLUDED
5 Inlaid Softball Markings 2 EA $9,068.00 INCLUDED
6 Gmax Testing at Substantial Completion 1 EA $1,519.00 $1,519.00 7 Taxes 1 LS $45,710.00 $45,710.00
8 An 8 -year 3rd party pre -paid insured warranty on the FieldTurf artificial grass surface, apart from the base areas and slide zones, which will carry a 2 -year
manufacturer’s warranty. Furthermore, the following
designated high traffic areas are excluded fro m the
warranty: home plate, pitcher’s mound, pitcher’s lane,
catcher’s box, batting cage and bullpen area.
1 LS INCLUDED INCLUDED

Subtotal Project $962,379.00

9 Performance & Payment Bonds 1 LS $10,830.00 $10,830.00

Shields-Reid Park Total Project $973,209.00

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COOP PRICING PROPOSAL
CA LICENSE # 849044, DIR LICENSE #1000004625

PRODUCT DETAILS
FieldTurf, the worldwide leader in artificial turf, is pleased to offer the FieldTurf 2” Vertex Prime, with the following product characteristics:

2’’ VERTEX PRIME TRUEBLEND
Pile Height: 2 Inches
Infill Weight: 6 lbs sand & 1.2lbs Trueblend per sq.ft.

Pile Weight: 39 oz/yd2
Total System Weight: 1097 oz/yd2

FieldTurf has taken the necessary steps to ensure that your project will run smoothly and that the quality promised will be the quality delivered.

PRICE DOES NOT INCLUDE:

a) The base upon which the FieldTurf artificial turf surface will be placed. FieldTurf shall not be responsible for the planarity, stability, porosity, nor the approval of the base upon which the FieldTurf surface will be installed, the drainage system, nor any construction or modification of existing installations around the fields.
b) Any costs associated with necessary changes relating to delineation of the field. c) The supply or installation of the field edging and perimeter nailer board. d) The supply of or adjustment to manholes or clean-outs, grates and supply of the manhole covers. e) Any alteration or deviation from specifications involving extra costs, which alteration or deviation will be provided only upon executed change orders, and will become an extra charge over and above the offered price.
f) Site security.
g) Repair or resurfacing existing asphalt parking lot if damaged by truck traffic. h) Site restoration, sodding, landscaping or grow-in.
i) Permit fees, Inspection fees.
j) Any alteration or deviation from specifications involving extra costs, which alteration or deviation will be provided only upon executed change orders, and will become an extra charge over and above the offered price
k) Maintenance equipment.
l) Athletic equipment.
m) Graphics and/or logos.
n) Maintenance program.
o) Anything not explicitly noted in the inclusions.

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COOP PRICING PROPOSAL
CA LICENSE # 849044, DIR LICENSE #1000004625

The price is valid for a period of 90 days. The price is subject to increase if affected by an increase in raw materials, freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally binding imposition affecting the transaction. The parties recognize that the effects of global economic instability are cu rrently unpredictable and could lead to limitations in labor availability and delays in the supply and delivery of materials, equipment or products.

In addition, as these contingencies have not been factored into this proposal; materials, equipment and/or products to be used in performing the work may become subject to a price increase. Accordingly, it is acknowledged that the seller/FieldTurf shall (a) not be subject to any damages for any delay due to events beyond its control and, (b) be allowed an equitable adjustment of the time and/or of the price of this proposal or any contractual document resulting therefrom. FieldTurf shall endeavor to notify you as soon as possible of any such events and/or contingencies. Please note that the seller/FieldTurf shall use its best efforts to ensure that it fulfills its commitments and will strive to minimize any negative impacts as they may arise. Thank you for your kind understanding.

Please feel free to reach out to any member of our project team with questions about our offer:

Sara Marinelli Andrew Rowley
Project Manager Regional Vice President +1 (514) 799-8864 (707) 529-8459
[email protected] [email protected]

Thank you again for your interest in FieldTurf, we look forward to working with you.

Per:

Marie-Christine Raymond, Vice President of Customer Operations FieldTurf USA, Inc. / Tarkett Sports Canada, Inc.

FieldTurf USA, Inc. holds the Cooperative Purchase contract, any PO for Contract must be made out to FieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701 If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please contact Eric Fisher at: [email protected].

Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 661

COOP PRICING PROPOSAL
CA LICENSE # 849044, DIR LICENSE #1000004625

a) This bid proposal and its acceptance is subject to
strikes, accidents, delays beyond our control and
force majeure.
b) FieldTurf’s preferred payment terms are as
follows: (i) 50% of the Price upon Customer’s
execution of contract; (ii) 40% of the Price upon
shipment of materials from FieldTurf’s
manufacturing facility; and (iii) Remaining balance
of ten percent (10%) upon substantial completion
of the field, which shall be achieved when
Customer is able to use the field for its intended
purpose, even if punchlist items remain and the
Certificate of Completion has not been executed
by Customer.
c) Accounts overdue beyond 30 days of invoice
date will be charged at an interest rate of 10%
per annum.
d) FieldTurf requires a minimum of 21 days after
receiving a fully executed contract or purchase
order and final approvals on shop drawings to
manufacture, coordinate delivery and schedule
arrival of installation crew. Under typical field size
and scenario, FieldTurf further requires a minimum
of 28 days per field to install the Product subject to
weather and force majeure

e) FieldTurf requires a suitable staging area. Staging
area must be square footage of field x 0.12, have a
minimum access of 15 feet wide by 15 feet high, and,
no more than 100 ft from the site. A 25 foot wide by
25 foot long hard or paved clean surface area
located within 50 feet of the playing surface shall be
provided for purposes of proper mixing of infill

CONDITIONS
Notwithstanding any other document or agreement entered into by FieldTurf in connection with the supply and installation only of its product pursuant to the present bid proposal, the following shall apply:
material. Access to any field will include suitable
bridging over curbs from the staging area to permit
suitable access to the field by low clearance vehicles.

Staging area surface shall be suitable for passage
with motor vehicles used to transport materials to the
site and/or staging area. FieldTurf shall not be liable for any damages to the staging area or its surface
unless such damages are caused by FieldTurf’s
intentional misconduct or negligence.
f) This proposal is based on a single mobilization. If
the site is not ready and additional mobilizations
are necessary, additional charges will apply.
g) Upon substantial completion of FieldTurf’s
obligations, the Customer shall sign FieldTurf’s
Certificate of Completion in the form currently in
force; to accomplish this purpose, the Customer will
ensure that an authorized representative is present
at the walk-through to determine substantial
completion and acceptance of the field, which may
include a list of punch list items.
h) FieldTurf shall not be a party to any penalty clauses and/or liquidated damages provisions.
i) FieldTurf shall be entitled to recover all costs and expenses, including attorney fees, associated with
collection procedures in the event that FieldTurf
pursues collection of payment of any past
due invoice.
j) All colors are to be chosen from FieldTurf’s
standard colors.

THE TARKETT SPORTS FAMILY - LEADERS IN SPORTS SURFACING Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 662
D
APPENDIX D – CITY OF RICHMOND – SPECIAL CONDITIONS ARPA Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 663
The City of Richmond
Shields-Reid Park Field Renovation Project OCTOBER 2024 3D – Special Conditions ARPA - 1
For the Contract between the City of
Richmond and
______________________________

EXHIBIT D

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Contract Provisions shall take precedence and shall prevail.

Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.

Period of Performance. The period of performance for this award begins on the date hereof andends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024.

Reporting. Recipient agrees to comply with any reporting obligations established by Treasuryas they relate to this award.

Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.

Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.

Administrative Costs. Recipient may use funds provided under this award to cover both directand indirect costs.

Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 664
OCTOBER 2024
3D – Special Conditions ARPA - 2
Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

Conflicts of Interest. Recipient understands and agrees it must maintain a conflict ofinterest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s The City of Richmond
Shields-Reid Park Field Renovation Project
Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 665
OCTOBER 2024
3D – Special Conditions ARPA - 3
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act.

False Statements. Recipient understands that making false statements or claims in connectionwith this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

Publications. Any publications produced with funds from this award must display thefollowing language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.” Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if The City of Richmond
Shields-Reid Park Field Renovation Project
Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 666
OCTOBER 2024
3D – Special Conditions ARPA - 4
the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.

Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225(Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

The City of Richmond
Shields-Reid Park Field Renovation Project
Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 667
Rev April25

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):

In addition to the General Conditions set forth herein, Contractor (referred to herein as “Recipient”) shall comply with the terms and conditions which are attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions and the terms and conditions in this exhibit, the terms and conditions in this exhibit shall take precedence and shall prevail.

Also appliable to this funding, are requirements found in Uniform Guidance, 2 CFR Part 200, including Appendix II to 2 CFR Part 200.

1. Remedies: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

2. Termination: All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-

1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” ( 30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

4. Davis-Bacon Act, as amended: ( 40 U.S.C. 3141- 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act ( 40 U.S.C. 3141- 3144) as supplemented by Department of Labor regulations ( 29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 668
Rev April25

required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the

5. Copeland “Anti-Kickback” Act: ( 40 U.S.C. 3145), as supplemented by Department of Labor regulations ( 29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

6. Contract Work Hours and Safety Standards Act: ( 40 U.S.C. 3701- 3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations ( 29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

7. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

8. Clean Air Act: ( 42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act ( 33 U.S.C. 1251- 1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act ( 42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended ( 33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 669
Rev April25

9. Debarment and Suspension: (Executive Orders 12549 and 12689) – Verify that a vendor is not debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. Confirm and document that vendors are not on the federal government’s Excluded Party list found at www.sam.gov.

10. Byrd Anti-Lobbying Amendment: ( 31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not use, and has not used, Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 670
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1 Darcie DeLashmutt
From: Jennifer Dang
Sent: Friday, October 10, 2025 4:06 PM
To: Makridis, Eleni; Darcie DeLashmutt; Marinelli, Sara Cc: Public Works Admin; Maricella Mandujano
Subject: RE: Shields Reid Turf - Fieldturf USA, Inc. - Project: SOCCER FIELDS RESTROOMS PARKS (ARPA) - Insurance APPROVED
Good afternoon:

Your insurance has been approved for the SOCCER FIELDS RESTROOMS PARKS project.

Thank you for your assistance.

Jennifer Dang
Public Works Department
450 Civic Center Plaza | Richmond, CA 94804
OƯice: 510-621-1542
[email protected]

From: Makridis, Eleni <[email protected]> Sent: Friday, October 10, 2025 6:44 AM
To: Jennifer Dang <[email protected]>; Darcie DeLashmutt <[email protected]>; Marinelli, Sara <[email protected]>
Cc: Public Works Admin <[email protected]>; Maricella Mandujano <[email protected]>; Lisa Melgarejo <[email protected]> Subject: RE: Shields Reid Turf - Fieldturf USA, Inc. - Project: SOCCER FIELDS RESTROOMS PARKS (ARPA) - Insurance update 10/9

This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

Good morning all,

Please see attached for the revised COI and a copy of the Installation Floater.

Trusting that all is in accordance, please forward us the fully executed agreement at your earliest convenience.

Thank you,

Eleni Makridis
Paralegal & Contracts Administrator

7445 Cote-de-Liesse, Suite 200
Montreal Quebec H4T 1G2, Canada
T: +1 438 469 1380

Docusign Envelope ID: 858201DF-0A0A-40A5-92B3-B92C498E82AF 689
Reso. No. xx-25

Page 1 of 3 ends

RESOLUTION NO. xx-25

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

CALIFORNIA, APPROVING AND RATIFYING PIGGYBACK AGREEMENTS WITH

MUSCO SPORTS LIGHTING, LLC, CXT INCORPORATED, AND FIELDTURF USA, INC. FOR THE SOCCER FIELDS–RESTROOMS–PARKS PROJECT (CIP #23046)

WHEREAS, on April 16, 2024, the City Council approved a total of $7,703,008 in American Rescue Plan Act (ARPA) funding for the Soccer Fields–Restrooms–Parks Project (Capital Improvement Project #23046), to fund improvements at Martin Luther King Jr. Park, Shields-Reid Park, and Wendell Park; and
WHEREAS, the City Council approved construction contracts with Calico California Constructores, Inc. on April 1, 2025, and with Bauman Landscape & Construction, Inc. on May 5, 2025, for portions of the project; and
WHEREAS, the City supplemented these contracts with Piggyback agreements for specialized amenities, including sports lighting, synthetic turf, and a prefabricated restroom structure; and
WHEREAS, the agreements were competitively bid through Sourcewell and meet ARPA requirements; and
WHEREAS, California Public Contract Code (PCC) §§ 10298–10299 authorize local agencies to utilize contracts competitively solicited by other public entities when the originating procurement complies with competitive-bidding standards substantially similar to those required under California law; and
WHEREAS, Richmond Municipal Code (RMC) §§ 2.52.330 (Piggyback Procurement) authorize the City to participate in or utilize competitively awarded agreements when doing so is in the City’s best interest and provides cost or administrative efficiencies; and WHEREAS, the Piggyback agreements awarded through Sourcewell were competitively solicited in accordance with PCC §§ 10298–10299 and satisfy the requirements of RMC §§

2.52.330, thereby allowing the City to procure specialized systems and materials without issuing a separate formal bid; and
WHEREAS, the City Council finds the piggyback procurement complies with RMC §§

2.52.330, including the best-interest and competitive-process findings; and

690
Reso. No. xx-25

Page 2 of 3 ends

WHEREAS, staff recommends ratifying the Piggyback agreements as follows: Musco Sports Lighting, LLC, in the amount of $688,293 for lighting materials and installation at the Shields-Reid Park multi-purpose field; CXT Incorporated, in the amount of $432,936 for restroom materials and installation; and FieldTurf USA, Inc., in the amount of $973,209 for synthetic turf materials and installation at the Shields-Reid Park multi-purpose field; and WHEREAS, staff further recommends a 15-percent contingency of $314,165.75 to address potential unforeseen conditions and coordination with multiple contractors; and 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 ratifies Piggyback agreements with Musco Sports Lighting, LLC, in the amount of $688,293; CXT Incorporated, in the amount of $432,936; and FieldTurf USA, Inc., in the amount of $973,209 for the Soccer Fields-Restrooms-Parks Project in the amount of $2,094,438.

Section 3: The Public Works Director is authorized to approve change orders, if necessary, for a contingency amount of up to 15% of the contract amount with Musco Sports Lighting, in the amount of $103,243.95, CXT Incorporated in the amount of $64,940.45, and FieldTurf USA, Inc. in the amount of $145,981.35, for a total maximum contingency of $314,165.75 and a total not-to-exceed construction phase cost of $2,408,604.

Section 4: The City Council hereby authorizes the City Manager, or their designee, to execute the Piggyback agreements, to execute amendments thereto, and to sign any ancillary documents necessary to facilitate completion of the Project.

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 March 17, 2026, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
691
Reso. No. xx-25

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CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney
692

Page 1 of 3 ends

March 17, 2026
DocID #65874v1

Public Works

DATE: March 17, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Hillal Hamdan, PE, Senior Civil Engineer
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Subject:

Contract with CSW|ST2 for Design of the Harbour Way
South and Wright Avenue Transit Junction Project
FINANCIAL IMPACT: The proposed $148,780.77 expenditure is included within the approved fiscal year 2025-2026 Harbour & Wright
Section 130 Rail Crossing project budget (Account
String: 15436431-400733-23022).

PREVIOUS COUNCIL
ACTION:

July 22, 2021
December 19, 2023

STATEMENT OF THE
ISSUE:

City staff requests City Council approval of an ATF
contract with CSW|ST2 to allow payment of outstanding
invoices for work performed for the Harbour & Wright
Section 130 Rail Crossing. The previous contract
(number 6881) expired December 31, 2024. Additional
invoices were submitted after the contract expired and
require City Council approval for payment and
continuation of the design completion.

RECOMMENDED ACTION:

ADOPT a resolution to APPROVE a sole-source contract
with CSW|ST2 for supporting the Harbour Way South
and Wright Avenue Section 130 Rail Crossing design
phase in an amount not to exceed $148,780.77, for a
term ending December 31, 2028 – Public Works
Department (Hillal Hamdan 621-1612/Robert Armijo 620-
5477).

AGENDA
REPORT
693

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March 17, 2026
DocID #65874v1
DISCUSSION:

Background
Located south of Interstate 580 at the intersection of Harbour Way South and Wright Avenue, this project addresses a critical transit junction. The area is set for significant expansion, including various City developments and the Richmond Ferry Terminal, which is expected to open in two years and increase local traffic (Attachment 1).

The site currently faces several infrastructure and safety challenges:
 Visibility and Control: The BNSF rail line crosses the intersection at an angle, and sightlines are currently obstructed in all directions. There are no traffic signals or active warning devices currently in place.
 High Volume and Multi-modal Use: The crossing is a high-traffic zone for vehicles and serves as part of the Bay Trail, resulting in heavy use by pedestrians and cyclists.
 Planned Improvements: The City intends to route a new two-way bicycle lane through the crossing along the east side of Harbour Way.  Physical Limitations: Because of a high concentration of underground utilities, traditional safety hardware—such as crossing arms—cannot be installed, necessitating specialized design solutions.

On December 19, 2023, the Richmond City Council adopted a resolution authorizing an engineering and design professional services agreement with CSW|ST2 in an amount not to exceed $255,056, plus a $20,944 contingency (Attachment 2).

Due to an administrative oversight, Contract No. 6881 expired on December 31, 2024, before all phases of the project were completed. Work continued in order to maintain the project schedule; however, invoices for services rendered from January 1, 2025, through the present were submitted after the contract had expired.

There is currently $148,780.77 remaining in the authorized budget to cover these outstanding invoices and complete the project's design and preparation for bid.

Approval of this After-the-Fact contract will allow the City to fulfill these payment obligations and maintain the current project timeline.

Project Schedule

Phases Begin (Target) End (Target)
Final PS&E Phase January 2024 July 2026
Construction Phase March 2027 June 2028

Sole Source Justification
The recommendation for a sole-source contract with CSW|ST2 is primarily driven by the need for project continuity and the specialized nature of the design challenges at the Harbour Way South and Wright Avenue intersection. Having been previously authorized for this project under Contract No. 6881, CSW|ST2 possesses the specific technical 694

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March 17, 2026
DocID #65874v1
knowledge required to navigate the site's unique physical limitations, including the high concentration of underground utilities that preclude standard safety hardware.

Furthermore, because the firm has already performed significant work between the expiration of the previous contract on December 31, 2024, and the present, utilizing a sole-source agreement is the most efficient administrative path to fulfill outstanding payment obligations and maintain the current project timeline without the delays and added costs of onboarding a new consultant (Attachment 3).

Recommendation

City staff recommend the City Council adopt a resolution to approve of an After-the-Fact contract with CSW|ST2 to facilitate the payment for and completion of the design phase for the Harbour & Wright Section 130 Rail Crossing project in an amount not to exceed $148,780.77 for a term ending on December 31, 2028 (Attachments 4 and 5).

DOCUMENTS ATTACHED:

Attachment 1 – Location Map
Attachment 2 – Original Contract No. 6881Expired
Attachment 3 – Sole Source
Attachment 4 – Resolution
Attachment 5 – After-the-Fact Contract

695
Prepared Under the Direction of:CaliforniaState OfContra CostaCounty OfRichmondCity OfRICHMONDHARBOUR AND WRIGHT SECTION 130 RAIL CROSSING P:\Shared\Projects\2023\2300292-Section-130\DWG\Sheets\C0-Titlesheet.dwg 11/13/2025 - 10:27 AM alisson 1:3.56 Sheet
Plan File:Project Number:2300292Scale:Date:AS SHOWN11/13/25 RevDateDescriptionDesignedDrawnChecked121 Park PlaceRichmond, CA 94801415.533.1864CSWST2.comEngineering Landscape ArchitectureSurveyingUrban Planning C0TITLE SHEET
RICHMOND, CONTRA COSTA COUNTY, CALIFORNIAOCTOBER, 2025CITY OF RICHMONDHARBOUR WAY SOUTH AND WRIGHT AVENUE SECTION 130 RAIL CROSSINGDOT 015342U / STPLR-7500(282)MILEPOST 1190.969 / RICHMOND INNER HARBOR SUBDIVISION

VICINITY MAPNOT TO SCALE

RICHMONDPROJECTSITEOCEANPACIFIC

NEVADACALIFORNIASAN FRANCISCOOREGONCALIFORNIA

CIVIL ENGINEER

LOCATION MAPNOT TO SCALE
CSWST2121 PARK PLACERICHMOND, CA 94801CONTACT: MICHAEL VIDRAPHONE: 925-787-4982 Know what'sbelow.before you dig.Call
R
TRAFFIC ENGINEERFEHR & PEERS100 PRINGLE AVENUE, SUITE 600WALNUT CREEK, CA 94596CONTACT: MARK HOWARD

PROJECTLOCATION
SHEET INDEXSHEETNUMBERSHEET TITLEC0TITLE SHEETC1EXISTING CONDITIONSC2DEMOLITION PLANC3HORIZONTAL LAYOUT PLANC4STRIPING AND SIGNAGE PLANC5GRADING AND DRAINAGE PLANC6FIBER OPTIC PLANC7CONSTRUCTION DETAILSTS1TRAFFIC SIGNAL PLANTS2CONDUCTOR SCHEDULETS3CALTRANS STANDARD DETAILES-P1TS4CALTRANS STANDARD DETAILES-P2 100% SUBMITTALNOT FOR CONSTRUCTION
BNSF RAILWAY740 EAST CARNEGIE DRIVESAN BERNARDINO, CA 92408CONTACT: DIONISIO MARTINEZPHONE: 909-386-4474

PROJECT TEAM
NOTES1.UNLESS STATED OTHERWISE, ALL UTILITY STRUCTURES WITHIN THEPROJECT AREA SHALL BE PROTECTED IN PLACE.2.CONTRACTOR SHALL RETAIN PRIVATE UTILITY LOCATOR TO FIND ALLCITY-OWNED UTILITIES WITHIN PROJECT AREA, INCLUDING CITY FIBEROPTIC NETWORK ALONG HARBOUR WAY SOUTH.3.CONTRACTOR SHALL COORDINATE WITH BNSF RAILWAY PRIOR TOINITIATING ANY ACTIVITIES WITHIN BNSF PROPERTY RIGHT-OF-WAY ORCONDUCTING WORK THAT MAY IMPACT GRADE CROSSING OPERATIONS.ABBREVIATIONSFGFINISH GRADEFLFLOW LINEFOFIBER OPTICHDPEHIGH-DENSITY POLYETHYLENEKPIKILOPOUNDS PER SQUARE INCHLFLINEAR FEETLPLOW POINTLTLEFTMINMINIMUMMXMATCH EXISTINGNTSNOT TO SCALEPSIPOUNDS PER SQUARE INCHRTRIGHTSDSTORM DRAINSDRSTANDARD DIMENSION RATIOSTASTATIONTCTOP OF CURBTRTOP OF RAILTYPTYPICAL CITY OF RICHMOND REQUESTS 26 SECONDS OF PREEMPTION FROM THERAILROAD, WHICH INCLUDES:A. 16 SECONDS FLASHING "DON'T WALK".B. 4 SECONDS YELLOW CHANGE INTERVAL.C. 6 SECONDS ALL RED.TRAIN MAY PROCEED UNDER THE "STOP AND WAIT" PROCEDURE.PREEMPTION TIME 696
697

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

PR No: Vendor No: P.O./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 (herein referred to as the “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. Term.

The effective date of this Contract is and it terminates unless terminated as provided herein.

3. Payment Limit.

City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations.

Contractor shall provide those services and carry out
that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations.

City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

Public Works Ken Cheng
[email protected] (510) 621-1612
14077 6880
Design services to support the Section 130 at Harbour Way S and Wright Avenue.

CSW|Stuber-Stroeh Engineering Group, Inc.
121 Park Place
Richmond, CA 94801
Robert Stevens
(415) 533-1864 [email protected]
40059351 December 31, 2024
January 8, 2024
December 31, 2024
255,056 .00
✔

6881 ___
DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 698

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

7. General Conditions.

This Contract is subject to the General Conditions
(Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions
. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions.

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

City Clerk

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and
(b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

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
Standard Contract/EJ/TE 9-26-07
CSW|Stuber-Stroeh Engineering Group, Inc.

!"

#

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 Director of Public Works
Mayor
699
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

Public Works Director
See Attached Scope of Work, Schedule, and Fee
CSW|Stuber-Stroeh Engineering Group, Inc.

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 700
P:\Shared\Projects\2023\2300292-Section-130\Contract\LTR-2023-12-11-Cheng-Richmond.docx Adaptive Solutions for Resilient Designs
121 Park Place
Richmond, CA 94801
415.883.9850
www.cswst2.com
Berkeley | Novato | Petaluma | Pleasanton | Redwood City | Richmond Reference 2300292
December 11, 2023
Ken Cheng, PE
Senior Civil Engineer
Public Works Department
Engineering Division
450 Civic Center Plaza
Richmond, CA 94804
Subject: Design Services to Support the Section 130 at Harbour Way and Wright Avenue Dear Mr. Cheng:

We appreciate the opportunity to support your team an d the Richmond community is improving safety at the BNSF railroad crossing of Harbour Way South at Wright Avenue. Please find enclosed our scope of work, schedule, and fee.

If I can provide any additional information, please contact me at 415.533.1864 or [email protected].

Sincerely,
CSW/ST2
Robert Stevens, PE, TE
Principal

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 701
Section 130 Harbour Way South and Wright Avenue
Work Plan
Harbour Way South is an important component of the San Francisco Bay Trail providing a link to the Richmond Ferry Terminal. In the current configurat ion, BNSF railroad tracks diagonally cross the intersection. In previous discussions with stakeholders in July 2017, we understand the project will include a four-way traffic signal to control movements. When trains are crossing, the signal will turn red. This is allowed as train speeds in this area are limited to 10 mph. In addition, the project will complete bicycle and pedestrian improvements through the intersection. Currently, the intersection is shown in the following photograph:

The City recevied Section 130 funding, which supports improving safety for at-grade railroad crossings. The specific criteria associated with the Section 130 funding includes the following:
• Remove one CPUC Standard 9-A warning device in the southwest quadrant and replace it with one CPUC Standard 9 warning device.
• Install pre-signal for eastbound motorists, interconnected to the railroad signal system for advance preemption.
• Modify traffic signal operation at the intersection of South Cutting Boulevard and Carlson Boulevard.
• Re-align north and south pedestrian paths at or near 90 degrees with respect to tracks. • Signage and striping installation per the MUTCD.

View of the crossing from 2022 once WR Forde completed the Class IV.

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 702
Section 130 Harbour Way South and Wright Avenue
Work Plan
The general discussion at the crossing during the July 2022 diagnostic meeting held for the quick build projects included the following comments:

x Recommend doing little or nothing to the crossing on our quick build project; new crosswalks trigger need for ADA ramps. The Section 130 project will pay for everything so don’t do anything now that can be funded later.
x Re-stripe intersection – Wright Ave stop bars are almost invisible. x Add red curb on Harbour north of intersection, about two car lengths. Cars block rail signs. x Complete truck turning analysis due to high truck volume. x Modify asphalt at the tracks as there is a large uplift. x Need to complete a field survey at the intersection to determine the right of way. Need to determine if the controller cabinet can be located within the right of way. If an easement is needed, it will require more than 2 years to process.
x NEPA is required, but this should be a statutory exemption. x Re-surfacing, drainage, visibility, and safety enhancements can be incorporated into the Section 130 funding.
x Developing a quiet zone at this location is not reasonable as there is significant train noise within 1,500 feet.

Our team to support this effort includes Fehr and Peers for signal design and Orion Engineering for quality assurance. In coordination with the City, BNSF, CPUC, and the community, our team will work to develop bicycle, pedestrian, and vehicle safety improvements for the at-grade railroad crossing of Harbour Way South. We have attached a draft exhibit of the project, which we will refine in accordance with the following work plan.

TASK 1 PRELIMINARY ENGINEERING

1.1 Diagnostic Meeting. CSWST2 will coordinate a meeting with stakeholders to review field conditions at the crossing and discuss options to improve safety. This will include City representatives, Caltrans, BNSF, CPUC, Richmond Pacific Railroad, and RailPros (BNSF Consultant). We will complete the minutes of the meeting. This will be an update to the June 2017 diagnostic meeting held on site.

1.2 Existing Conditions Mapping. Our team will complete a detailed survey of the intersection which will include the following.

A. Control. CSWST2 will establish horizontal control using the California Coordinate System CC83. We will establish vertical control on the NAVD88.

B. Property Boundary and Record Monuments: Our team will establish the record boundary for all quadrants. We will file up to two Records of Survey (likely APN 560-260- 048 and 560-232-008) with Contra Costa County to resolve the boundary.

C. Monument Preservation: We will locate and preserve record monuments in accordance with the Business & Professions Code §8771; Streets & Highways §732 & §732.5, §1492.5, §1810.5; and Penal Code §605. We will locate these monuments and develop special provisions requiring the contractor to file a pre-construction corner record with Contra Costa County showing three reference control points that are tied to the monument.

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 703
Section 130 Harbour Way South and Wright Avenue
Work Plan
D. Survey: Our team will collect topography, which generally will include back of curb, face of curb, back of walk, ADA ramps, street centerline, and surface utilities. We will depict drainage patterns with spot elevations and contour data at 1-foot intervals.

E. Utilities: We will collect as-built records of utilities and measure the location of surface appurtenances. Upon completion of the 30% documents, our team will complete GPR locations of utilities. The known utilities, including the City’s fiber network, are shown in the following exhibit.

F. Prepare Base Map: CSWST2 will develop a detailed base map integrating topography, boundary, and utility information.

1.3 Layout Refinement. As the right of way is limited and securing an easement is complicated due to the federal funding, we will complete a preliminary layout of the intersection to confirm the sidewalks and traffic signals can be installed within the City’s right of way. We will share the results of this study with BNSF and the CPUC. Should this be infeasible, we will coordinate with all parties to secure additional right of way, including creating a plat map and legal description of the required easement.

1.4 Preliminary Design (30%). Using the data collected, and discussions with stakeholders, we will provide the following:

A. Plans and Exhibits.
i. Title sheet and vicinity map
ii. Layout Plan for Curbs and Ramps
iii. Signal Plan
iv. Signage and Striping
B. Updated traffic count for the intersection.

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 704
Section 130 Harbour Way South and Wright Avenue
Work Plan
C. Preliminary signal timing using SimTraffic 11 includes preemption calculations for the peak-hour intersection operation.

D. Construction Cost Analysis

1.5 Outreach. As a component of the San Francisco Bay Trail and the Richmond to Ferry to Bay Trail, we will conduct outreach with community members and stakeholders as follows:

A. TRAC. Our team will coordinate a meeting with TRAC to inform them of the project, progress, and refine the bicycle and pedestrian features incorporated into the project.

B. Marina Bay Neighborhood Council. We will attend the Marina Bay Neighborhood Council meeting to provide information regarding the project and receive feedback.

C. Council of Industries. Our team will coordinate a meeting with the Council of Industries to review the project and discuss construction staging.

D. Caltrans. For traffic to not be stranded on the tracks along north bound Harbour Way South, the project may interconnect with the signal at Harbour Way South and Hoffman Avenue.

1.6 Public Utilities. Our team will coordinate with the public utilities including PGE, Comcast, ATT, and EBMUD as well as Richmond sewer, storm drain, and fiber to ensure their infrastructure is integrated into the design and consistent with the Utility Certification requirements of Local Assistance. This will include the following items:

A. Preliminary Notice. Our team will prepare a formal notification, also known as A Letters, to the utilities. This will include a coordination meeting at the City’s office (or online) to discuss the project and schedule.

B. Detailed Coordination. As we advance the design, our team will submit plans at the 35%, 65%, and 95% levels of completion also known as the B and C Letters/Plans. This will include a coordination meeting and summary of next steps with the process.

1.7 Contract Management. CSWST2 will be responsible for overall management of our design team including the following:

A. Project Management: CSWST2 will manage the design team as well as track progress, schedule, and budget. We will be responsible for documenting all design decisions and keeping an official record of the project. Furthermore, we will submit monthly progress reports identifying tasks completed, budget status, and issues status.

B. Quality Control/ Assurance: We will have an independent member of the team review documents for accuracy and constructability.

C. Meetings: The team will meet with stakeholders on three occasions during this phase.

TASK 2. Environmental, Local Assistance, and Railroad Support

2.1 Environmental Assessment. Our team will provide the following.

Key Deliverables
a. Existing Conditions Mapping
b. Diagnostic meeting notes
c. Preliminary layout and right of way needs.
d. Traffic signal recommendations
e. 30% Design Documents
f. Outreach meetings agendas and minutes.

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 705
Section 130 Harbour Way South and Wright Avenue
Work Plan
A. Project Description. CSWST2 will prepare the project description for use in presenting the project summary information as identified on the Environmental Checklist Form in Appendix G of the CEQA Guidelines. The project description will include a discussion of the key characteristics of the project site and vicinity, project objectives, details of the proposed project, the planning and approval process, and the anticipated project schedule.

B. CEQA Categorical Exemption. Section 21084 of the Public Resources Code (PRC) provides guidelines for projects that have been determined to not have a significant effect on the environment and are therefore determined to be exempt from the provisions of CEQA. The proposed project would likely fall into the first category (Class I) of categorically exempt projects as described in Section 15301, Existing Facilities. We will document the determination for the exempt status in a Notice of Exemption (NOE) accompanied by a supporting memorandum. The supporting memorandum will include statements confirming absence of exceptions to the categorical exclusion.

C. NEPA Categorical Exclusion. We will coordinate with Local Assistance to secure the exclusion for the project. This should require standard conditions to be incorporated into the document.

2.2 Local Assistance. We will support staff in assembling documents to Local Assistance including:

A. Right of Way Certification. CSWST2 will complete Local Assistance Form 13-B “Right of Way Certification” for the project documenting that the City has permanent rights- of-way as well as utility clearances to construct the project. We assume this will be a Certification Number

1. Additionally, while the contractor may need to enter private property to complete the work, it is for the benefit of the private property owner, which can be completed through a standard right of entry process.

B. Request for Authorization. With completion of the 95% documents and encroachment permit, we will submit the following:
i. Request for Authorization Form
ii. PS&E Certification and Checklist
iii. Field Review From
iv. Finance Letter 3-O
v. DBE Form
vi. ROW Certification
vii. Plans and Specifications

2.3 General Order 88B . We will complete an application, attend the diagnostic meeting, and coordinate with BNSF and the California Public Utilities Commission for modifications to the railroad crossings. This will include submittal and acquisition of encroachment permits for the revisions to the track crossing.

2.4 Contract Management. We will complete the tasks as identified in Task 1.7 including attending up to four (4) coordination meetings.

Key Deliverables
a. NEPA and CEQA Documentation.
b. GO 88B application and associated technical documents. c. Final E76 package.

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 706
Section 130 Harbour Way South and Wright Avenue
Work Plan
TASK 3. FINAL DESIGN

3.1 Final Design. We anticipate completed documents at the 65% and 95% levels of design. During this phase, we will continue to coordinate with BNSF related to signal and railroad control preemption. These documents will include the following elements:

A. Plans
i. Title Sheet and Vicinity Map
ii. Utility Relocation Plan
iii. Clearing and Grubbing Plan
iv. Layout Plan for Curbs and Ramps
v. Signal Plan
vi. Signage and Striping
vii. Erosion Control Plan
B. Special Provision. Our team will develop special provisions in City’s format modified for the federal format.

C. Cost Estimate/ Bid Schedule. We will update our cost model consistent with the design and funding program.

3.2 PG&E Coordination. We will coordinate with PG&E for new electrical service.

3.3 Signal Timing. Signal timing Sheets based on the CA-MUTCD and Diode chart for new signal. Task includes assistance with bench and field testing the signal timings.

3.4 Bid submittal. Upon securing the E76 noted in Task 2.2, we will finalize the documents for bid.

3.5 Contract Management. We will complete the tasks as identified in Task 1.7 including attending up to four (4) coordination meetings.

TASK 4. Bidding and Construction Support

4.1 Our team will provide standard bidding and construction support services including reviewing submittals and responding to contractor questions. This will include support to the City in programming the controller. Post construction, we will prepare as-builts documents based upon the contractor’s markups.

SCHEDULE
We propose to deliver our services as illustrated in the attached schedule.

COMPENSATION
CSWST2 agrees to provide our services described above on a time and expense basis. We have attached a summary of the labor effort for all team members. In addition to standard reimbursable expenses for travel, Deliverables
a. 65%, 95%, and final documents.
b. Meeting agendas, presentation, and minutes.

Deliverables
a. Bid addenda.
b. Submittal review, response to requests for information, and field review narratives. c. As-built documents.

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 707
Section 130 Harbour Way South and Wright Avenue
Work Plan
plotting, and postage as shown on the fee worksheets, our team will pay title reports and County recording fees.

ASSUMPTIONS
In preparation for our scope of work, we have made several assumptions to establish our team’s labor effort.

1. We will support the coordination of right of way and easements by providing concept sketches as well as legal description and plat maps. If right of way is required, appraisals and acquisition of right of way will be performed by Contra Costa County or other government entity.

2. The City will pay all BNSF engineering fees.

3. The project will generally follow the schedule as outlined.

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 708
TS
TS
TS
TS

HARBOUR WAY SOUTH

WRIGHT AVNUE
560-232-008
560-260-048
560-260-053
560-260-006
560-231-009
BNSF
BNSF
BNSF

ROWVALIDATION

ROWVALIDATION
ROW

VALIDATION
ROW

VALIDATION
RAMP
RAMP
RAMP
RAMP

RAMP RAMP
RAMP
RAMP

MONUMENT

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 709
ID Task Name Duration Start Finish
1 HarbourandWrightSection130RailCrossing 193days Mon1/8/24 Wed10/2/24 2 Task1PreliminaryEngineering 113days Mon1/8/24 Wed6/12/24 3 NoticetoProceed 0days Mon1/8/24 Mon1/8/24
4 DiagnosticMeeting 0days Tue1/30/24 Tue1/30/24
5 ExistingConditionsMapping 15days Thu1/11/24 Wed1/31/24 6 PreliminaryDesign 15days Thu2/1/24 Wed2/21/24
7 StakeholderReview 20days Thu2/22/24 Wed3/20/24
8 ReviewMeeting 0days Wed3/20/24 Wed3/20/24
9 Outreach 60days Thu3/21/24 Wed6/12/24
10 TRAC 0days Wed3/27/24 Wed3/27/24
11 MarinaBayNeighborhoodCouncil 0days Wed4/3/24 Wed4/3/24 12 CouncilofIndustries 0days Fri4/5/24 Fri4/5/24
13 Caltrans 0days Wed3/27/24 Wed3/27/24
14 PublicUtilityCoordination 60days Thu3/21/24 Wed6/12/24 15 Task2Environmental,LocalAssistance,and
Railroadsupport
135days Thu3/21/24 Wed9/25/24
16 ProjectDescription 3days Thu3/21/24 Mon3/25/24
17 CEQACategoricalExemption 15days Tue3/26/24 Mon4/15/24 18 NEPACategoricalExclusions 45days Thu3/21/24 Wed5/22/24 19 RightofWayCertification 60days Thu3/21/24 Wed6/12/24 20 GeneralOrder88B 90days Thu3/21/24 Wed7/24/24
21 E76 45days Thu7/25/24 Wed9/25/24
22 Task3FinalDesign 122days Tue4/16/24 Wed10/2/24 23 65%PSE 25days Tue4/16/24 Mon5/20/24
24 StakeholderReview 10days Tue5/21/24 Mon6/3/24
25 ReviewMeeting 0days Mon6/3/24 Mon6/3/24
26 95%PSE 20days Tue6/4/24 Mon7/1/24
27 StakeholderReview 10days Tue7/2/24 Mon7/15/24
28 ReviewMeeting 0days Mon7/15/24 Mon7/15/24
29 BidSubmittal 5days Thu9/26/24 Wed10/2/24
30 ProjectReadyforAdvertisement 0days Wed10/2/24 Wed10/2/24 1/8
1/30
3/20
3/27
4/3
4/5
3/27
6/3
7/15
10/2
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
2024
Task
Split
Milestone
Summary
ProjectSummary
ExternalTasks
ExternalMilestone
InactiveTask
InactiveMilestone
InactiveSummary
ManualTask
DurationͲonly
ManualSummaryRollup
ManualSummary
StartͲonly
FinishͲonly
Deadline
Progress
ManualProgress
Page1
Project:msproj11
Date:Wed11/15/23

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 710
SECTION 130 HARBOUR AND WRIGHT 12.11.2023

SUMMARY OF PROJECT COSTS
Task 1. Preliminary Engineering
CSW|ST2 62,451$ Fehr and Peers 20,101 $
Utility Locator 11,171 $
Orion Engineers 10,052 $
Subtotal 103,776 $
Task 2 Environmental, Local Assistance, and Railroad Support CSW|ST2 14,029$ Fehr and Peers - $
Utility Locator - $
Orion Engineers 5,433 $
Subtotal 19,462 $
Task 3 Construction Documents
CSW|ST2 44,725$ Fehr and Peers 43,343 $
Utility Locator - $
Orion Engineers 9,865 $
Subtotal 97,932 $
Task 4 Bidding and Construction Support
CSW|ST2 13,818$ Fehr and Peers 11,467 $
Utility Locator 11,171 $
Orion Engineers 25,350 $
Subtotal 61,806$
Reimbursable Expenses
CSW|ST2 5,100$ Fehr and Peers - $
Utility Locator 3,000 $
Orion Engineers 500 $
Subtotal 8,600$

TOTAL FEE
CSW|ST2 140,124$ 55% Fehr and Peers 74,911 $ 29%
Utility Locator 14,171 $ 6%
Orion Engineers 25,850 $ 10% DBE
Total 255,056$ 100%
CERTIFICATION OF DIRECT COSTS:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Pare 31 - Contact Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Designee Related Services 6 48 Code of Federal Regulations Par 9904 - Cost Accounting Standards Board (when applicable) Local governments are responsible for applying only cognizant agency approved or CALTRANS accepted Indirect Cost Rate(s).

Prime Consultant
Name: Robert Stevens Title: President
Signature: Date: 11.15.2023
Email: [email protected] Phone Number: 415.533.1864
Date of Certification: 01.20.22
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costa that are noncompliant with the federal and state requirements are not libel for reimbursement.

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 711
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)

1.1 Diagnostic Meeting 4$ 7 2 9

1.2 Existing Conditions Mapping 132 $20,333

1.3 Layout Refinement 48 $9,107

1.4 Preliminary Design 138 $22,229

1.5 Outreach
TRAC 9 $1,882
Marina Bay Neighborhood Council 9 $1,882
Council of Industies 5 $1,032
Caltrans 4$ 7 2 9

1.6 Public Utilites 8 $1,433

1.7 Contract Management
General Project Management 8 $1,457
QA/QC 0$ 0
Meetings 8 $1,639
373 $62 ,451

2.1 Environmental Support
Project Description 4$ 7 2 9
CEQA CE 8 $1,433
NEPA CE 8 $1,433

2.2 Local Assistance
ROW Certification 8 $1,445
Request for Authorization 10 $1,797

2.3 General Order 88B 22 $3,641

2.4 Contract Management
General Project Management 8 $1,457
QA/QC 0$ 0
Meetings 10 $2,095
78 $14 ,029

3.1 Final Design
65% 118 $18,647
95% 108 $16,370

3.2 PG&E Coordination 8$ 1 , 4 3 3

3.3 Bid Submittal 28 $4,268

3.4 Contract Management
General Project Management 8$ 1 , 4 5 7
QA/QC 0$ 0
Meetings 12 $2,550
282 $44 ,725

4.1 Bidding Support 16 $3,072

4.2 Construction Support 72 $10,746
88 $13 ,818
821 $135,024
1 General Expenses $1,000
2 Title Reports $2,500
3 County Fees $1,600
$5,100
$140,124TOTAL PROJECT COST:

Project Manager, Engineer, and Surveyor
Reimbursable Expenses

SUBTOTAL
TOTAL LABOR COST:

SUBTOTAL 8 12 0 0 0 28 0 0 40
101
4 888
48 2 0 4 0
00 Task 4 Bidding and Construction Support
44 8
40 8 1 0 2 03 04 0
40 28
48 1 0
4 0
8 6
68 0
20 12 194 148 208
38 88
94 24
20 0
80 20
8 8
Task 2 Environmental, Local Assistance, and Railroad Support 1224SUBTOTAL 39
4 12 78
212.50
175.97%175.97% 175.97%
41 2
10%

3.0 12 40
30 40
175.97%
10%

3.0 115.36

3.0 227.68 227.68
10%

3.0 104.73 147.99

3.03.0 179.10
Varies
Survey
Apprentice
Varies
Engineer 3
SECTION 130 HARBOUR AND WRIGHT

59.00 0.00%
CSW|ST2

75.00 0.00%
10% 10% 10%10%
Varies
Engineer 1

38.00 0.00%
175.97%
10%
175.97%
Total Hours
Total Base Fee
Robert Stevens
PM and PIC
Varies
Party Chief
Varies
Engineer 2
Varies
Landscape
Architect

SUMMARY OF PRIME CONSULTANT LABOR EFFORT

60.00 59.50 48.75 70.00

0.00% 0.00% 0.00%
Josh Woelbing
Survey Manager

75.00 0.00%

34.50 0.00% 0.00%
Varies
Senior Project
Manager
20 3.0
175.97%

SUBTOTAL
Task 3 Construction Documents
175.97%175.97%
8 4
Task 1. Preliminary Engineering
180.62

3.0 3.0
24 10%
182.14
70 84 0
4 20
1 38
4 1
30 8
32 100
8 8
82 0
4 22 0

SUBTOTAL
8 32 68 05 6
1 8
4 8
81 0 3 0
4 8

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 712
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)

1.1 Diagnostic Meeting 7 $1,307

1.2 Existing Conditions Mapping 0$ 0

1.3 Layout Refinement 35 $5,993

1.4 Preliminary Design 52 $8,484

1.5 Outreach
TRAC 0$ 0
Marina Bay Neighborhood Council 0$ 0
Council of Industies 0$ 0

1.6 Public Utilites 0$ 0

1.7 Contract Management
General Project Management 16 $3,009
QA/QC 0$ 0
Meetings 7 $1,307
117 $20 ,101

2.1 Environmental Support
Project Description 0$ 0
CEQA CE 0$ 0
NEPA CE 0$ 0

2.2 Local Assistance
ROW Certification 0$ 0
Request for Authorization 0$ 0

2.3 General Order 88B 0$ 0

2.4 Contract Management
General Project Management 0$ 0
QA/QC 0$ 0
Meetings 0$ 0
0$ 0

3.1 Final Design
65% 79 $12,249
95% 49 $7,707

3.2 PG&E Coordination 19 $3,146

3.3 Signal Timing Sheet and Bench & Field Testing 97 $16,239

3.4 Bid Submittal 22 $4,003

3.5 Contract Management
General Project Management 0$ 0
QA/QC 0$ 0
Meetings 0$ 0
266 $43 ,343

4.1 Bidding Support 11 $2,307

4.2 Construction Support 49 $9,160
60 $11 ,467
443 $74,911
1 General Expenses
$0
$74,911
Total Base Fee
Traffic Engineer
Robert Rees
PIC
Kendra Rowley
Associate In
Charge
Josh Peterman
QA/QC
Mark Howard
Project Manager
Dana Ebe
Project Engineer
Jim Moser
CAD Technician
Varies
Project
Coordinator
183.52% 183.52% 183.52% 183.52% 183.52% 183.52% 183.52% 183.52% 10% 10% 10% 10% 10%

SUMMARY OF SUBCONSULTANT LABOR EFFORT
SECTION 130 HARBOUR AND WRIGHT
Fehr and Peers
Total Hours

39.90 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
130.77 61.54 100.00 63.22 45.43 49.28

0.00% 0.00%
183.52%
10% 10% 10% 10%

3.1 407.84 191.93 311.87 197.17 141.68 153.69 124.44

3.1 3.1 3.1 3.1 3.1 3.1

0.00 0.00
Task 1. Preliminary Engineering
61 2216 2 8 76
14 2
1 S U B T O T A L 2 3 1 4 83 81 5
6 10 0 0
Task 2 Environmental, Local Assistance, and Railroad Support 0000
Task 3 Construction Documents
SUBTOTAL 0 0 0 0 0
9 1215 3 2 35
1228 5 2 5
14 1 2 2
2212 1 0 23
10 30 0 0
Task 4 Bidding and Construction Support
19 SUBTOTAL 5 6 10 49 156
1 60
13 5 8 5
0 TOTAL LABOR COST: 9 9 11 141 194 33
TOTAL PROJECT COST:
46 0 0
Reimbursable Expenses

SUBTOTAL
S U B T O T A L 2 0 04 40 8
63 0 5 0 1 1
11 6 1 0 8

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 713
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)

1.1 Diagnostic Meeting 0$ 0

1.2 Existing Conditions Mapping 32 $11,171

1.3 Preliminary Design 0$ 0

1.4 Outreach
TRAC 0$ 0
Marina Bay Neighborhood Council 0$ 0
Council of Industies 0$ 0

1.5 Public Utilites 0$ 0

1.6 Contract Management
General Project Management 0$ 0
QA/QC 0$ 0
Meetings 0$ 0
32 $11 ,171

2.1 Environmental Support
Project Description 0$ 0
CEQA CE 0$ 0
NEPA CE 0$ 0

2.2 Local Assistance
ROW Certification 0$ 0
Request for Authorization 0$ 0

2.3 General Order 88B 0$ 0

2.4 Contract Management
General Project Management 0$ 0
QA/QC 0$ 0
Meetings 0$ 0
0$ 0

3.1 Final Design
65% 0$ 0
95% 0$ 0

3.2 PG&E Coordinatoin 0$ 0

3.3 Bid Submittal 0$ 0

3.4 Contract Management
General Project Management 0$ 0
QA/QC 0$ 0
Meetings 0$ 0
0$ 0

4.1 Bidding Support 0$ 0

4.2 Construction Support 0$ 0
0$ 0
32 $11,171
1 General Expenses $3,000
$3,000
$14,171
Total Base Fee
Locating
Varies
PM
Varies
Drafter
Varies
Field Crew
175.97% 175.97%
10% 10% 10%

SUMMARY OF SUBCONSULTANT LABOR EFFORT
SECTION 130 HARBOUR AND WRIGHT
Utility Locator
Total Hours

0.00% 0.00% 0.00%

70.00 45.00 300.00
175.97%
212.50 136.61 910.70

3.0 3.0 3.0
Task 1. Preliminary Engineering
81 68
SUBTOTAL 8 16 8
Task 2 Environmental, Local Assistance, and Railroad Support Task 3 Construction Documents
SUBTOTAL 0 0 0
Task 4 Bidding and Construction Support
SUBTOTAL 0 0 0
TOTAL LABOR COST: 8 16 8
TOTAL PROJECT COST:

Reimbursable Expenses

SUBTOTAL
SUBTOTAL 0 0 0

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 714
2023 Hourly Rate ($/ hour)
Fringe
Overhead
Profit
Multiplier
Billable Rate (Overhead & Profit) ($/ hour)

1.1 Diagnostic Meeting 0$ 0

1.2 Existing Conditions Mapping 0$ 0

1.3 Preliminary Design 0$ 0

1.4 Outreach
TRAC 0$ 0
Marina Bay Neighborhood Council 0$ 0
Council of Industies 0$ 0

1.5 Public Utilites 0$ 0

1.6 Contract Management
General Project Management 0$ 0
QA/QC 46 $10,052
Meetings 0$ 0
46 $10 ,052

2.1 Environmental Support
Project Description 0$ 0
CEQA CE 0$ 0
NEPA CE 0$ 0

2.2 Local Assistance
ROW Certification 0$ 0
Request for Authorization 0$ 0

2.3 General Order 88B 0$ 0

2.4 Contract Management
General Project Management 0$ 0
QA/QC 24 $5,433
Meetings 0$ 0
24 $5 ,433

3.1 Final Design
65% 0$ 0
95% 0$ 0

3.2 PG&E Coordinatoin 0$ 0

3.3 Bid Submittal 0$ 0

3.4 Contract Management
General Project Management 0$ 0
QA/QC 44 $9,865
Meetings 0$ 0
44 $9 ,865

4.1 Bidding Support 0$ 0

4.2 Construction Support 0$ 0
0$ 0
114 $25,350
1 General Expenses $500
$500
$25,850
Total Base Fee
Quality Assurance
Shannon Holman
PIC
Varies
Project Assistant
135.22%
10% 10%

3.0 3.0

SUMMARY OF SUBCONSULTANT LABOR EFFORT
SECTION 130 HARBOUR AND WRIGHT
Orion Engineers
Total Hours

35.55% 35.55%

84.00 33.50
135.22%
Frank Lobedan
QA/WC

85.00 35.55%
135.22%
10%

3.0 Task 1. Preliminary Engineering
250.19 99.78253.17
20 10 16
Task 2 Environmental, Local Assistance, and Railroad Support SUBTOTAL 20 10 16
10 4 10
Task 3 Construction Documents
SUBTOTAL 10 4 10
SUBTOTAL 16 8 20
16 8 20
SUBTOTAL 0 0 0
Task 4 Bidding and Construction Support
TOTAL LABOR COST: 46 22
TOTAL PROJECT COST:

Reimbursable Expenses

SUBTOTAL
46

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 715
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Harbour and Wright Section 130 Rail Crossing
10%City of Richmond
Harbour and Wright Intersection, Richmond
CSW/Stuber-Stroeh Engineering Group
Peer Review and Quality Control/Assurance 48642 Orion Partners PLLC, 808-282-7986, [email protected] 10.00

10.00 11/15/2023
415.533.1864Robert Stevens
President

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 716
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and 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.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

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

5. 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.

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

Ken Cheng
CSW|Stuber-Stroeh Engineering Group, Inc.

Public Works
Ken Cheng

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 717
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices . All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond

Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

CSW|Stuber-Stroeh Engineering Group, Inc.

Ken Cheng
450 Civic Center Plaza
Robert Stevens
121 Park Place
Richmond, CA 94801

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 718
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers
. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property
. The rights to applicable plans, drawings, reports,
calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. 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 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 719
General Conditions/EJ/TE 01-19-11 2 of 13

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 720
General Conditions/EJ/TE 01-19-11 3 of 13

Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

DocuSign Envelope ID: 3226CCBE-022E-41D9-BE64-5F5D7F862251 721
General Conditions/EJ/TE 01-19-11 4 of 13

Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work
. All changes and/or extra work under this
Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue

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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability
. Contractor acknowledges, represents and warrants
that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license 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.

12. Termination Without Default
. Notwithstanding any provision herein to the
contrary, 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 written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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13. 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 Section 12 of these General Conditions; 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.

14. 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.

15. Indemnification
.

(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to

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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete

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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. 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.

18. Non-Liability of Officials and Employees of the City . No official or
employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws
. Contractor shall comply with all federal, state and
local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. 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.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, 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.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting 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 subcontractor.

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.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated

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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.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

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.

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments
. This Contract may be modified or
amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. 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 Conditions 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.

24. Non-exclusivity
. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and

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City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. 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.

27. Time of the Essence
. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality
. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law
. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

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

31. Nonrenewal
. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

32. 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.

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

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

35. 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

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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.

36. 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 he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. 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 payments 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.

38. Possessory Interest
. If this Contract results in the Contractor having
possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance
.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

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City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.

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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):

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

Contractor must submit the Sanctuary City Compliance Statement, attached hereto, prior to the execution of this Agreement.

See Attachment #1 - Required Contract Provisions Federal-Aid Construction Contracts CSW|Stuber-Stroeh Engineering Group, Inc.

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CITY OF RICHMOND
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:

Vendor SCCO Compliance Statement (Augt2020)

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1 FHWA-1273 -- Revised May 1, 2012

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying

ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S.

Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under Attachment # 1

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2 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific
requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract.

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the- job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are

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3 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurance Required by 49 CFR 26.13(b):

a. The requirements of 49 CFR Part 26 and the State
DOT’s U.S. DOT-approved DBE program are incorporated by reference.

b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;

(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women;

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor

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4 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt.

Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

1. Minimum wages
a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or

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5 will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or

1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding
The contracting agency shall upon its own action or upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.

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6 (3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and trainees
a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.

Department of Labor, Employment and Training
Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part 30.

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7 d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.

The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and

7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY

STANDARDS ACT
The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages.

The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

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8 VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).

a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime contractor meets all of the following conditions:

(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.

2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions.

3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance
requirements.

VII. SAFETY: ACCIDENT PREVENTION

T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C.3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS

T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:

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9 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL

WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.
c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.
d.The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
e.The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered
Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f.The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
h.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

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10 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

* * * * *

2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:

a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency;

(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and

(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

2. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)

a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.

b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.

d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.

f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the

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11 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

* * * * *

Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

* * * * *

XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

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12 ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS

ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:

a. To the extent that qualified persons regularly residing in the area are not available.

b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.

c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

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Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid Projects)

NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE,

EXCEPT ARTICLE XXXII TITLE VI ASSURANCES (APPENDICES A AND E MUST BE PHYSICALLY INCLUDED,

UNMODIFIED, IN ANY FEDERAL-AID CONTRACT AND APPENDICES B-D MUST BE PHYSCIALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL-AID CONTRACT INVOLVING RIGHT OF WAY ACQUISITION). MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.

THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.

THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE-ONLY FUNDED CONTRACTS AS WELL.
[Note: italic text within brackets throughout the Articles is intended for instructional purposes only]

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION......................................................................................................... ........ 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS.................................................................... 4 ARTICLE III STATEMENT OF WORK ................................................................................................. . 4 ARTICLE IV PERFORMANCE PERIOD................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS.......................................................................... 6 ARTICLE VI TERMINATION ........................................................................................................ ....... 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS.................................. 11 ARTICLE VIII RETENTION OF RECORD/AUDITS ............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES .................................................................................... 12 ARTICLE X SUBCONTRACTING ...................................................................................................... . 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ........................... 15 ARTICLE XII STATE PREVAILING WAGE RATES............................................................................ 16 ARTICLE XIII CONFLICT OF INTEREST............................................................................................ 1 9 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ...................... 19

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING .................................................................................................................. ............... 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE.................. 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION................................................. 21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION................. 22 ARTICLE XIX INSURANCE ......................................................................................................... ....... 28 ARTICLE XX FUNDING REQUIREMENTS......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS ................................................................................................... . 29

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Richmond City CouncilMarch 17, 2026

Richmond City Council
March 17, 2026