Agenda — Richmond City Council, April 7, 2026 (part 1 of 7)

PLEASE NOTE: HYBRID MEETING FORMAT

- OPEN SESSION OF THE CITY COUNCIL
- REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, April 7, 2026, 3:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:

Eduardo Martinez, Mayor at Large
Jamelia Brown, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Vice Mayor, District 3
Soheila Bana, Councilmember District 4
Sue Wilson, Councilmember District 5
Claudia Jimenez, Councilmember District 6
Jaycine Scott, Housing Authority Tenant Commissioner
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2. Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live HOW TO SUBMIT PUBLIC COMMENTS:

In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

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International numbers available: https://zoom.us/u/aehrwCgISx To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. ** To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** **The mayor will announce the agenda item number and open public comment when appropriate. 4-7-26 CC MTG.
2 Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

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Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number].

Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31 The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-andforth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting). The procedures for discussion do not apply to items sponsored by the mayor or councilmembers.

Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.

The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials 4-7-26 CC MTG.
3 in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).

Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.

Pages
4-7-26 CC MTG.
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 3:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
• Title: City Clerk
C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 1414 Harbour Way South
Agency Negotiator: Lina Velasco (Community Development Director), Emily Combs (Finance Director), Dave Aleshire (Special Counsel) Negotiating Parties: Orton Entertainment, LLC
Under Negotiation: Price, Terms of Payment
•
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor, Jack Hughes, and Lisa Charbonneau
•
Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 4-7-26 CC MTG.
5 F. REGULAR OF THE RICHMOND HOUSING AUTHORITY
5:55 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. HOUSING AUTHORITY OPEN FORUM
L. HOUSING AUTHORITY CONSENT CALENDAR
L.1 Meeting Minutes 13
APPROVE the minutes of the March 3, 2026, regular Housing Authority meeting - City Clerk's Office (Pamela Christian 510-620-6513).

M. HOUSING AUTHORITY PUBLIC HEARINGS
M.1 Richmond Housing Authority Fiscal Year 2026 Annual Plan and the Fiscal Year 2026-2030
15 HOLD a public hearing to ADOPT a resolution approving the Richmond Housing Authority Annual Plan and Five-Year Plan; and AUTHORIZE submission of the proposed Annual Plan and Five-Year Plan to U.S.

Department of Housing and Urban Development – Richmond Housing Authority (Nannette Beacham/Antoinette Terrell 510-620-6784).

N. ADJOURNMENT
_______________________________________________________ 4-7-26 CC MTG.
6 O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:00 p.m.

P. ROLL CALL
Q. STATEMENT OF CONFLICT OF INTEREST
R. AGENDA REVIEW
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) T.1 NEW EMPLOYEE REPORT - 1st Tuesday
U. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
V. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
V.1 City Clerk's Office
V.1.a This item will be continued to the April 21, 2026, meeting - Records Retention and Destruction Schedule Update
ADOPT a resolution to make updates to the City-wide Records Retention and Destruction Schedules, excluding the Police Department which will be brought back to City Council for adoption at a later date – City Clerk’s Office (Pamela Christian 510-620-6513).

This item was continued from the March 24, 2026, meeting.

V.2 Community Services
V.2.a Sponsorship from Kaiser Permanente for Park Prescription Day 34 ADOPT a resolution to ACCEPT and APPROPRIATE sponsorship funds in the amount of $4,500 from Kaiser Permanente to support Park Prescription Day – Community Services Department (LaShonda White 510-620-6828/Stephanie Ny 510-620-6563).
4-7-26 CC MTG.
7 V.2.b Accept and Appropriate Employment and Training Grant Awards 40 ACCEPT and APPROPRIATE $246,601 in workforce development grant funds from Construction Trades Workforce Initiative ($67,000), Chevron ($20,000), Pinole Youth Foundation ($10,000), and the California Employment Development Department ($149,601) to support workforce development programs and services, including supportive services for RichmondBUILD participants, wages for event stage setup and dismantling, the Youth Trade Fair, and rapid response and layoff aversion services; and AUTHORIZE the city manager, or their designee, to execute all necessary documentation – Community Services Department (Tamara Walker 510-307- 8006/LaShonda White 510-620-6828).

V.3 Economic Development
V.3.a Contract with Dynamo Construction for Berth 7 Dock Repair 61 APPROVE a contract with Dynamo Construction for the Berth 7 Dock Repair Project in an amount not to exceed $1,080,650, with a contract term ending December 31, 2027 – Economic Development Department (Charles Gerard 510-215-4600).

V.3.b Quarterly Status Update on Richmond Green-Blue New Deal Projects 517 RECEIVE a quarterly update report on the status of the Richmond Green-Blue New Deal projects - Economic Development Department (Jesson de Leon 510-412-2023/Junne Garcia 510-620-
6524/Nannette Beacham 510-620-1306).

V.3.c Contract with T&R Riparian Restore for Weed Abatement 523 ADOPT a resolution to APPROVE a contract with T&R Riparian Restore for weed abatement and additional services, for a one-year term in a not-to-exceed $69,785, with two one-year extension options at $69,785 per year for a total contract amount of $209,355 – Economic Development Department (Charles Gerard 510-620-6792).

V.4 Finance Department
V.4.a Contract with Willdan Financial Services for the Traffic Impact Fee Study and Comprehensive User Fee Study
620
APPROVE a contract with Wildan Financial Services for preparation of the Traffic Impact Fee Study and Comprehensive User Fee Study, in an amount not to exceed $59,230, for the period of April 1, 2026, through June 30, 2028 – Finance Department (Emily Combs/Mubeen Qader/Antonio Banuelos 510-620-6741).
4-7-26 CC MTG.
8 V.4.b Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the month of February 2026 837
RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the month of February 2026 – Finance Department (Emily Combs 510-620- 6740).

V.5 Fire Department
V.5.a 2025 California Fire Code with Local Amendments and 2025 California Wildland-Urban Interface with Local Amendments 868
ADOPT an ordinance (second reading) amending the Richmond Municipal Code (RMC) Article VIII (Fire) Chapter 8.16 (Fire Prevention Code) to adopt the 2025 California Fire Code with local amendments and to adopt the 2025 California Wildland-Urban Interface Code with local amendments – Fire Department (Chief Aaron Osorio 510-307-8021/Fire Marshal Dante J. Wiley 510-307- 8090).

V.6 Mayor's Office
V.6.a Reappointment of Thomas Kaun to the Library Commission. 1100 REAPPOINT Thomas Kaun to the Library Commission with a term that expires on July 1, 2029 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
V.6.b Kathleen Tarr is seeking an appointment to the Urban Forest Advisory Committee
1103
APPOINT Kathleen Tarr to a vacant seat to the Urban Forestry Advisory Committee. Term expiring November 17, 2029 – Mayor’s Office (Mayor Eduardo Martinez (510) 620-6503).

V.6.c Reappointment to Bryan M Harris for the Commission on Aging 1106 REAPPOINT Bryan M Harris to the Commission on Aging with the term that expires on May 19, 2030 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
V.6.d Proclamation recognizing the Nepali New Year 1109 PROCLAMATION recognizing April 14, 2026, as Nepali New Year (Naya Barsha 2083 Bikram Sambat) in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
4-7-26 CC MTG.
9 V.7 Police Department
V.7.a Purchase Ballistic Helmets from Adamson Police Products 1112 APPROVE the purchase of Ops-Core FAST ballistic helmets from Adamson Police Products for the Richmond Police Department SWAT Team in an amount not to exceed $46,232.20 – Police Department (Chief Tim Simmons 510-621-1802).

V.7.b Monthly Crime Report for January 2026 1118
RECEIVE the monthly Crime Report from the Richmond Police Department for January 2026 – Police Department (Chief Tim Simmons 510-621-1802).

V.7.c Recurring Contracts with Contra Costa County and State of California for Law Enforcement and Support Services
1124
ADOPT a resolution and AUTHORIZE the city manager, or their designee, to execute recurring contracts for Fiscal Years 2027–2028, 2028–2029, and 2029–2030 with Contra Costa County and the State of California in an aggregate annual amount of $1,350,000, including the following Contra Costa County services: California Law Enforcement Telecommunications System (CLETS) – $20,000; California Identification Division (CAL ID) – $275,000; Automated Regional Information Exchange System (ARIES) – $55,000; All County Criminal Justice Information System (ACCCJIN) – $50,000; Martinez Detention Facility intake fees – $50,000; alcohol/toxic drug and crime scene evidence analysis – $450,000; Sexual Assault Response Team (SART) examinations – $40,000; annual jail inspection and audit – $1,000; Coroner and Gunshot Residue (GSR) examination and analysis – $10,000; out-of-state inmate extradition – $4,000; Law Enforcement Training Center – $100,000; Department of Information Technology – $50,000; and East Bay Regional Communication System Authority (EBRCS) – $225,000; and State of California services including Live Scan fingerprinting – $20,000 – Police Department (Chief Timothy Simmons 510-621-1802).

V.7.d Contract with Veritone, Inc. for RIPA Report and Audio/Video Redaction Services
1130
APPROVE a sole-source contract with Veritone, Inc. for Racial and Identity Profiling Act (RIPA) reporting support and audio/video redaction services required for California Public Records Act compliance, in an amount not to exceed $300,000 for the period April 8, 2026, through April 7, 2029, with two optional one-year extensions in an amount not to exceed $100,000 per year – Police Department (Chief Timothy Simmons 510-620-6651/Lieutenant Joseph England 510-620-6661).
4-7-26 CC MTG.
10 V.8 Public Works
V.8.a Construction Agreement with O.C. Jones Inc. for the Area FM Temporary Cap Project
1160
ADOPT a resolution to APPROVE a construction agreement with O.

C. Jones & Sons Inc. for the Area FM Temporary Cap Project in an amount not to exceed $785,350 with an additional 20 percent construction contingency in the amount of $156,700, AUTHORIZE the director of public works to approve change orders within this contingency amount; and APPROPRIATE $450,000 in the Marina Enterprise Fund 4005 - Public Works Department (Craig Murray 510- 307-8188/Hillal Hamdan 510-621-1612).

V.8.b Preparation of the Engineer’s Report for Fiscal Year 2026–2027 for the Marina Bay Landscape and Lighting Maintenance District 1378
ADOPT a resolution ordering the preparation of the annual Engineer’s Report for Fiscal Year 2026–2027 regarding
improvements and costs for the Marina Bay Landscape and Lighting Maintenance District – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620-5477/Darin Fitzpatrick 510- 231-3044/Jason Lacey 510-620-6920).

V.8.c Preparation of the Engineer’s Report for Fiscal Year 2026–2027 for the Hilltop Landscape Maintenance District
1384
ADOPT a resolution ordering the preparation of the annual Engineer’s Report for Fiscal Year 2026-2027 regarding
improvements and costs for the Hilltop Landscape Maintenance District - Public Works Department (Daniel Chavarria 510-620- 5478/Robert Armijo 510-620-5477/Darin Fitzpatrick 510-231- 3044/Jason Lacey 510-620-6920).

V.8.d Contract with Chrisp Company for On-Call City-wide Roadway Striping, Stenciling, and Street Sign Services
1393
ADOPT a resolution to APPROVE a contract with Chrisp Company for on-call City-wide roadway striping, stenciling, and street sign services with a not-to-exceed amount of $750,000, for an initial threeyear term with the option to extend for two additional one-year terms, in an amount not to exceed $250,000 per year, for a total contract amount not to exceed $1,250,000 - Public Works Department (Daniel Chavarria 510-620-5478/Darin Fitzpatrick 510-231-3044). 4-7-26 CC MTG.
11 V.8.e Purchase of Bulk Landscaping Materials from Blue Angel International, LLC
1468
ADOPT a resolution to APPROVE the purchase of bulk landscaping materials for City-wide park maintenance, landscaping
improvements, and right-of-way restoration efforts from Blue Angel International LLC, for a three-year term in an amount not to exceed $300,000, with the option to extend for two additional one-year terms in an amount not to exceed $100,000 per year, subject to city manager approval – Public Works Department (Daniel Chavarria 510-620-5478/Darin Fitzpatrick 510-231-3044).

V.8.f Purchase of Plant Material from Blue Angel International, LLC 1509 ADOPT a resolution to APPROVE the purchase of plant materials for City-wide landscaping, beautification, and vegetation restoration efforts from Blue Angel International, LLC, for a three-year term in an amount not to exceed $300,000, with the option to extend for two additional one-year terms in an amount not to exceed $100,000 per year, subject to city manager approval – Public Works Department (Daniel Chavarria 510-620-5478/Darin Fitzpatrick 510-231-3044) W. BUDGET SESSION
W.1 Charter Article 15 Review – Richmond Fund for Children and Youth Review 1555 RECEIVE a presentation on Article 15 of the Charter regarding the Richmond Fund for Children and Youth and PROVIDE DIRECTION regarding renewal provisions and options – City Manager’s Office/Finance Department (Shasa Curl/Patrick Seals 510-620-6512/Emily Combs/Antonio Banuelos 510-620- 6542). This item was continued from the March 24, 2026, meeting - Public comment is closed - for council deliberation and vote only.

X. NEW BUSINESS
X.1 Amending Richmond Municipal Code Chapter 2.30 regarding Use of City Resources for Civil Immigration Enforcement
1914
INTRODUCE an ordinance (first reading) amending Richmond Municipal Code Chapter 2.30 to clarify limitations on the use of city property, personnel, and resources for civil immigration enforcement and develop implementation procedures, including communications plans, and reporting requirements – City Attorney’s Office (Shannon Moore 510-620-5509/Kimberly Chin 510-620-6709).

Y. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) Z. ADJOURNMENT
________________________
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RICHMOND, CALIFORNIA, March 3, 2026
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority was called to order at 6:08 p.m. by Chairperson Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE
Chairperson Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Commissioners Claudia Jimenez, Jamelia Brown, Sue Wilson, Cesar Zepeda, Vice Chairperson Doria Robinson, Chairperson Eduardo Martinez, and Housing Authority Tenant Commissioner Jaycine Scott. Absent: Commissioner Soheila Bana arrived at 6:09 p.m. after the roll was called.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
None.

K. HOUSING AUTHORITY OPEN FORUM
Cordell Hindler gave comments in person regarding Item L.1 (Pacific Site Management contract).

L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Brown
Seconded by Tenant Commissioner Scott
To approve Item L.1 on the Housing Authority Consent Calendar.

Ayes (7): Commissioner Brown, Commissioner Jimenez, Commissioner Wilson, Commissioner Zepeda, Vice Chairperson Robinson, Chairperson Martinez, and Tenant Commissioner Scott.

Absent: (1): Commissioner Bana.

Passed (7 to 1)
L.1 Contract with Desert Parks Landscaping (dba Pacific Site Management) for Landscaping Services
ADOPT a resolution to APPROVE a contract with Pacific Site Management for $36,000, to pay for outstanding invoices for landscaping services performed under the previous contract, with a new contract term ending June 30, 2026 – Economic Development Department/Richmond Housing Authority (Nannette Beacham/Antoinette Terrell 510-621-1300).

Adopted Resolution No. 2224
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M. ADJOURNMENT
There being no further business, the meeting adjourned at 6:11 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Chairperson
14

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April 7, 2026
Economic Development
Richmond Housing Authority (RHA)
DATE: April 7, 2026
TO: Chair Martinez and Members of the Board of
Commissioners of the Richmond Housing Authority
(RHA)
FROM: Antoinette Terrell, Executive Director of RHA
Nannette J. Beacham, Economic Development Director
Subject: Richmond Housing Authority Fiscal Year 2026 Annual Plan and the Fiscal Year 2026-2030
FINANCIAL IMPACT: There is no financial impact associated with this item; however, the submission of the Annual Plan and FiveYear Plan is a U.S. Department of Housing and Urban Development (HUD) requirement, and failure to comply
can result in sanctions, including reduced funding.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Every Public Housing Authority (PHA) that administers a Low-Income Public Housing Program must submit an
Annual Plan and Five- Year Plan to the U.S. Department
of Housing and Urban Development. RHA staff requests
that the Board receive comments and adopt a resolution
approving the Annual Plan and Five-Year Plan.

RECOMMENDED ACTION: HOLD a public hearing to ADOPT a resolution approving the Richmond Housing Authority Annual Plan and FiveYear Plan; and AUTHORIZE submission of the proposed Annual Plan and Five-Year Plan to U.S. Department of
Housing and Urban Development – Richmond Housing
Authority (Nannette Beacham/Antoinette Terrell 510-620- 6784).

AGENDA
REPORT
15

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April 7, 2026
DISCUSSION:

Every Public Housing Authority (PHA) that administers a Low-Income Public Housing Program is required to submit both an Annual Plan and a Five-Year Plan (Attachment 1 and 2) to U.S. Department of Housing and Urban Development (HUD). The Annual Plan serves as the PHA’s annual application for capital funding to support improvements to public housing properties. Submission of the Annual Plan is a condition of receiving capital funds. The Annual Plan also identifies new activities the PHA intends to undertake during the fiscal year and provides an opportunity to report progress toward the agency’s mission and established goals.

The Five-Year Plan establishes the PHA’s long-term strategic goals and objectives and outlines operational, capital, and repositioning strategies over a five-year period.

Together, these documents ensure compliance with federal requirements and provide transparency regarding the Authority’s short-term priorities and long-term direction.

For RHA, the proposed Annual Plan and Five-Year Plan reflect ongoing progress and planned activities related to implementation of asset repositioning efforts under the current Public Housing Authority Recovery and Sustainability (PHARS) Agreement. The required components of both Plans are set forth in Title 24 of the Code of Federal Regulations, Part 903 – Public Housing Plans.

The draft Annual Plan and Five-Year Plan were posted on February 2, 2026, on the Richmond Housing Authority (RHA) website, initiating the public review and comment period. A public notice of the public hearing was published in the West County Times on February 2, 2026 (Attachment 3 and 4). Hard copies of both documents were made available at the RHA Administrative Office, located at 450 Civic Center Plaza, 2nd Floor, Richmond, California.

This public hearing represents the final opportunity for public comment prior to Board action. City staff recommend that the Board of Commissioners adopt a resolution approving the Annual Plan and Five-Year Plan and authorizing their submission to HUD to maintain eligibility for capital funding and ensure compliance with federal requirements (Attachment 5).

DOCUMENTS ATTACHED:

Attachment 1 - Housing Authority Annual Plan for FY 2026 Attachment 2 – Housing Authority Five-Year Plan for FY 2026-2030 Attachment 3 – Notice of Public Hearing – RHA Annual and Annual Plan Attachment 4 – West County Times, Proof of Publication
Attachment 5 - Resolution
16 Previous version is obsolete Page 1 of 4 form HUD-50075-ST (9/30/2027) Status: Created
Annual PHA Plan
(Standard PHAs and
Troubled PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires: 9/30/2027
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services. They also inform HUD, families served by the PHA, and members of the public of the PHA’s mission, goals, and objectives for serving the needs of low-, very low-, and extremely low- income families.

Applicability. The Form HUD-50075-ST is to be completed annually by STANDARD PHAs or TROUBLED PHAs. PHAs that meet the definition of a High Performer PHA, Small PHA, HCV-Only PHA or Qualified PHA do not need to submit this form. Note: PHAs with zero public housing units must continue to comply with the PHA Plan requirements until they closeout their Section 9 programs (ACC termination).

Definitions.
(1) High-Performer PHA - A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers (HCVs) and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, SEMAP for PHAs that only administer tenant-based assistance and/or project-based assistance, or PHAS if only administering public housing.
(2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or HCVs combined and is not PHAS or SEMAP troubled.

A. PHA Information.

A.1 PHA Name: Housing Authority of the City of Richmond PHA Code: CA010 PHA Type: Standard PHA Troubled PHA
PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2026
PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units 267 Number of Housing Choice Vouchers (HCVs) 0 Total Combined Units/Vouchers 267
PHA Plan Submission Type: Annual Submission Revised Annual Submission Public Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA and should make documents available electronically for public inspection upon request. PHAs are strongly encouraged to post complete PHA Plans on their official websites and to provide each resident council with a copy of their PHA Plans.

How the public can access this PHA Plan: Availability of Information Location: Richmond Housing Authority 450 Civic Center Plaza, 1st Floor Richmond, CA 94804, Monday-Friday, 9:00 AM to 4:00 PM, (510) 621-1300 Website:
https://www.ci.richmond.ca.us/86/Housing-Authority Hearing Date: April 7, 2026 Hearing Location: Before the City of Richmond City Council Meeting, City Council Chambers, 440 Civic Center Plaza, 1st Floor, Richmond, CA 94804, Tuesday 6:25 PM Hearing Agenda: https://www.ci.richmond.ca.us/4157/City-of-Richmond-Council-Meetings PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) Participating PHAs PHA Code
Program(s) in the
Consortia
Program(s) not in the
Consortia
No. of Units in Each
Program
PH HCV
B. Plan Elements
B.1 Revision of Existing PHA Plan Elements.
(a) Have the following PHA Plan elements been revised by the PHA? DRAFT
17 Previous version is obsolete Page 2 of 4 form HUD-50075-ST (9/30/2027) Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Operation and Management.

Grievance Procedures.

Homeownership Programs.

Community Service and Self-Sufficiency Programs.

Safety and Crime Prevention.

Pet Policy.

Asset Management.

Substantial Deviation.

Significant Amendment/Modification.
(b) If the PHA answered yes for any element, describe the revisions for each revised element(s):
(c) The PHA must submit its Deconcentration Policy for Field Office review.

B.2 New Activities.
(a) Does the PHA intend to undertake any new activities related to the following in the PHA's applicable Fiscal Year? Y N
Choice Neighborhoods Grants.

Modernization or Development.

Demolition and/or Disposition.

Designated Housing for Elderly and/or Disabled Families.

Conversion of Public Housing to Tenant-Based Assistance.

Conversion of Public Housing to Project-Based Rental Assistance or Project-Based Vouchers under RAD.

Homeownership Program under Section 32, 9 or 8(Y)
Occupancy by Over-Income Families.

Occupancy by Police Officers.

Non-Smoking Policies.

Project-Based Vouchers.

Units with Approved Vacancies for Modernization.

Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants).
(b) If any of these activities are planned for the applicable Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project-Based Vouchers (PBVs), provide the projected number of project-based units and general locations, and describe how project basing would be consistent with the PHA Plan.

Demolition and/or Disposition.

Richmond Housing Authority intends to pursue either RAD or Section 18 Disposition approval for Nystrom Village (100 units). Richmond Village encountered initial delays, but a technical assistance provider is preparing to submit a PIC inventory removal application. RHA will work with the Housing Authority of Contra Costa County (HACCC) (Housing Choice Voucher Administrator), to obtain the necessary Tenant Protection Vouchers and/or Project-Based Vouchers (using either RAD PBV or local PBV) to support RHA’s conversion of its Public Housing and be consistent of asset repositioning implementing actions outlined in the Public Housing Authority Recovery and Sustainability (PHARS) agreement (Attachment 1). Statement of Housing: The City of Richmond faces significant and persistent housing challenges that closely mirror those of Contra Costa County, particularly among extremely low-income and low-income renter households. These challenges are driven by income disparities, high housing costs, overcrowding, and a high share of households experiencing housing cost burden.¹ Countywide data demonstrate the severity of housing need among extremely low-income renters. Approximately 30,485 extremely low-income renter households 18 Previous version is obsolete Page 3 of 4 form HUD-50075-ST (9/30/2027) (45 percent) experience substandard housing conditions, overcrowding, or severe housing cost burden, and 69 percent spend more than 50 percent of their income on housing, placing them at heightened risk of displacement and homelessness.² While Richmond’s specific figures differ, the magnitude and severity of need are comparable.

Richmond’s housing demand is further documented through the City’s Regional Housing Needs Allocation (RHNA) for the 2023–2031 planning period. Richmond is required to plan for 3,614 new housing units, including 840 units for extremely low- and very low-income households, 485 low-income units, 638 moderate-income units, and 1,651 abovemoderate units.³ Several indicators show that Richmond experiences greater housing stress than the surrounding region: • Overcrowding: 9.4 percent of Richmond residents lived in overcrowded conditions, compared to 5.1 percent in Contra Costa County and 6.9 percent in the Bay Area.⁴ • Income disparities: Richmond’s median household income ($68,472) is approximately 46 percent lower than Contra Costa County’s median household income ($99,716).⁴ • Poverty: 15 percent of Richmond residents live below the federal poverty level, compared to 9 percent countywide.⁴ • Housing cost burden: Nearly half of all Richmond households are cost-burdened, and 20 percent are severely costburdened.⁴ • Renters at risk: More than 50 percent of renter households are cost-burdened, with 25 percent severely cost-burdened.⁴ The Richmond Housing Authority (RHA) plays a central role in addressing the City’s affordable housing needs through the preservation, replacement, and expansion of public housing. RHA’s primary strategy is to preserve or replace existing public housing units through RAD conversions or Section 18 Disposition, and where feasible, increase the total number of affordable units. Recent accomplishments include the rehabilitation and lease-up of Hacienda (150 units) and Nevin Plaza (140 units). Future opportunities to expand the affordable housing supply include potential additional units at Nevin Plaza II and Nystrom Village, subject to feasibility. Footnotes ¹ Contra Costa County, 2020–2025 Consolidated Plan, U.S. Department of Housing and Urban Development. ² Ibid. ³ City of Richmond, 2023–2031 Housing Element, Section II: Projected Housing Need. ⁴ City of Richmond, 2023–2031 Housing Element, Appendix A: Demographic Housing Needs Assessment.

B.3 Progress Report.

Provide a description of the PHA’s progress in meeting its Mission and Goals described in the PHA 5-Year and Annual Plan.

RHA’s Five-Year Plan is now effectively reflected in the agreements contained in the PHARS Agreement between HUD and RHA. A summary of the current status and next steps for each major project is attached.

B.4 Capital Improvements. Include a reference here to the most recent HUD-approved 5-Year Action Plan in EPIC and the date that it was approved.
5-Year Action Plan. Approved 2/28/22
B.5 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit? Y N
(b) If yes, please describe:

The results of the recent audit highlighted several key areas for improvement: Internal Control Lack of Supporting Documentation for Expenditures Operating Subsidy Payments Supporting Documentation Missing Tenant Documents Lack of Documented Suspension and Debarment Verification for Vendors Lack of Documentation for Declaration of Trust (DOT) and Declaration of Restrictive Covenants (DORC) Environmental Review Capital Funds for Operating Costs In response to these findings, a corrective action plan has been developed and submitted to the HUD Regional Office, where it has been accepted.

C. Other Document and/or Certification Requirements.

C.1 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the PHA Plan?
Y N
19 Previous version is obsolete Page 4 of 4 form HUD-50075-ST (9/30/2027) (b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

C.2 Certification by State or Local Officials.

Form HUD 50077-SL, Certification by State or Local Of icials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations
Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.4 Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA's response to the public.
(a) Did the public challenge any elements of the Plan?
Y N
(b) If yes, include Challenged Elements.

C.5 Troubled PHA.
(a) Does the PHA have any current Memorandum of Agreement, Performance Improvement Plan, or Recovery Plan in place?

Y N N/A
(b) If yes, please describe:
2019 PHARS, Attachment
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S.

Housing Act of 1937, as amended, which introduced the 5-Year and Annual PHA Plan.

Public reporting burden for this information collection is estimated to average 5.64 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions to reduce this burden, to the Reports Management Officer, REE, Department of Housing and Urban Development, 451 7th Street, SW, Room 4176, Washington, DC 20410-5000. When providing comments, please refer to OMB Approval No. 2577-0226. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

Form identification: CA010-Housing Authority of the City of Richmond Form HUD-50075-ST (Form ID - 7373) printed by Antoinette Terrell in HUD Secure Systems/Public Housing Portal at 01/22/2026 06:46PM EST 20 1 | Page
Richmond Housing Authority
Administrative Office
450 Civic Center Plaza 2nd Floor
Richmond, CA 94804
(510) 621-1300
PHARS Agreement and Asset Repositioning Update
Since the inception of the 2019 Public Housing Authority Recovery and Sustainability (PHARS) Agreement and Action Plan, the Richmond Housing Authority (RHA), in partnership with the City of Richmond and the U.S. Department of Housing and Urban Development (HUD) Region 9, has made steady and measurable progress toward stabilizing operations, improving housing quality, and advancing long-term redevelopment efforts.

Hacienda
RHA has prioritized residents by completing the repositioning of Hacienda, where 150 newly constructed units with on-site supportive services are fully occupied. Earlier broker-led marketing efforts for the remaining Hacienda parcel did not result in viable proposals. RHA has since assumed direct control of the site. Due to the severe deterioration at Nystrom Village and the need to prioritize that redevelopment, RHA revised the anticipated schedule for issuing a Request for Proposals (RFP) for the Hacienda Remaining Parcel to August 2026. The Section 18 disposition process will follow developer selection.

Nevin Plaza
RHA has substantially completed the renovation and modernization of 140 units at Nevin Plaza Phase I and is actively leasing all remaining vacant units.

At Nevin Plaza Phase II, RHA executed the Land Lease Disposition and Development Agreement (LDDA), submitted an SB 35 application to the City of Richmond on December 4, 2025, and initiated the environmental review process. These actions support the future construction of additional affordable housing on adjacent RHA-owned property.

Nystrom Village
At Nystrom Village, RHA has continued interim capital repairs while advancing full redevelopment planning. On June 17, 2025, Eden Housing and Community Housing Development Corporation were selected as development partners for Phase I, which includes 100 replacement housing units. On October 9, 2025, the parties executed an Exclusive Right-toNegotiate Agreement.

RHA and its development partners are currently negotiating the Phase I LDDA and are conducting required environmental review under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), along with Section 106 historic consultation. These activities are necessary to support Phase I redevelopment and future construction.

DRAFT
21 2 | Page
Richmond Housing Authority
Administrative Office
450 Civic Center Plaza 2nd Floor
Richmond, CA 94804
(510) 621-1300
Richmond Village
For Richmond Village, RHA completed the exit of the investor limited partner and executed a Memorandum of Understanding with McCormack Baron Salazar and Community Housing Development Corporation. RHA also secured a Commitment to Housing Assistance Payment (CHAP) under the Rental Assistance Demonstration (RAD) program on December 23, 2024.

RHA and its development partners are pursuing a no-debt RAD/Section 18 Small PHA Blend conversion for Richmond Village I, II, and III. Key due-diligence activities are underway, including environmental review and a Physical Needs Assessment. These efforts will inform the RAD Financing Plan, which is anticipated for submission by September 2026.

Housing Choice Voucher (HCV) Program Close-Out
RHA has completed all required steps to close out its Housing Choice Voucher (HCV) program following its transfer to the Contra Costa Housing Authority on July 1, 2019. The required closeout audit was satisfied through submission of the FY 2019 audited Financial Data Schedule on August 28, 2024, which was approved by HUD on September 5, 2025. No further action is required, and this PHARS task is complete.

Alignment with Annual and Five-Year Plans
RHA’s Annual Plan and Five-Year Plan are closely aligned with the PHARS Agreement between HUD and RHA. The goals and priorities outlined in these plans are implemented through the PHARS Action Plan, which identifies approved actions, timelines, and milestones for strengthening and modernizing RHA’s housing portfolio. Together, these documents ensure that RHA’s short-term actions and long-term planning remain coordinated, transparent, and consistent with HUD-approved recovery and redevelopment efforts.

PHARS Action Plan – Status Summary
TASK
NUMBER
TASK Status
Hacienda

1.1 Finalize Financial Terms btw RHA and Mercy
(Confirmation of a current Development Agreement to
Closed

1.2 Request Revised Disposition Appl from SAC Closed

1.3 Submit Financing Plan to SFRO and submit Financing
Applications to TCAC/HCD
Closed

1.4 Conveyance / Closing of Hacienda Closed
22 3 | Page
Richmond Housing Authority
Administrative Office
450 Civic Center Plaza 2nd Floor
Richmond, CA 94804
(510) 621-1300

1.5 SAC acceptance of a complete Section 18 PIC
disposition application for Hacienda Remainder Parcel
Open
Admin. Building

2.1 Submission of disposition application to SAC Closed

2.2 SAC acceptance of a complete Section 18 PIC Closed

2.3 Submit Financing Plan to SFRO and submit Financing
Applications to TCAC/HCD
Closed
Nevin

3.1 Issue RFP for Development Partner w/ elevator Closed

3.2 Select a Development Partner Closed

3.3 SAC acceptance of a complete Section 18 PIC Closed

3.4 Submit Financing Plan to SFRO and submit Financing
Applications to TCAC/HCD
Closed

3.5 Closing /Conveyance /Start Construction Closed
Nystrom

4.1 Issue RFQ for Master Plan Closed

4.2 Finalize terms btw RHA and Developer Open

4.3 SAC acceptance of a complete Section 18 PIC Open

4.4 Closing /Conveyance /Start Construction Open
Richmond Village 1&2

5.1 Submit RAD Application Closed*

5.2 Submit RAD Financing Plan Open

5.3 Close RAD conversion Open
Richmond Village 3

6.1 SAC acceptance of a complete Section 18 PIC Open

6.2 Receive Tenant Protection Vouchers Open

6.3 Closing /Conveyance /Start Construction Open
Other

7.1 Submit PH organizational chart of RHA staff; charts to include names, titles, and responsibilities and
Closed

7.2 Complete HCV Close Out Audit Closed

7.3 Submit operating budgets for each AMP and Central
Office Cost Center (COCC).

Closed
*subject to being changed back to Open if CHAP is rescinded 23 Previous version is obsolete Page 1 of 3 form HUD-50075-5Y (09/30/2027) Participating
PHAs
PHA
Code
Program(s) in the
Consortia
Program(s) not in the
Consortia
No. of Units in Each
Program
PH HCV
Status: Created
5-Year PHA Plan
(for All PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires: 09/30/2027
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services. They also inform HUD, families served by the PHA, and members of the public of the PHA's mission, goals, and objectives for serving the needs of low-, very low-, and extremely low- income families.

Applicability. The Form HUD-50075-5Y is to be completed once every 5 PHA fiscal years by all PHAs. PHAs with zero public housing units must continue to comply with the PHA Plan requirements until they closeout their Section 9 programs (ACC termination).

A. PHA Information.

A.1 PHA Name: Housing Authority of the City of Richmond PHA Code: CA010 PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2026
The Five-Year Period of the Plan (i.e. 2019-2023): 2026-2030 PHA Plan Submission Type: 5-Year Plan Submission Revised 5-Year Plan Submission Public Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA and should make documents available electronically for public inspection upon request. PHAs are strongly encouraged to post complete PHA Plans on their official websites and to provide each resident council with a copy of their PHA Plans.

B.1 Mission. State the PHA's mission for serving the needs of low-, very low-, and extremely low-income families in the PHA's jurisdiction for the next 5 years.

The Richmond Housing Authority's purpose is to provide decent, safe, and sanitary housing for low-income individuals in the City of Richmond, California. Our approach to achieving this goal involves accomplishing the milestones outlined in the 2019 Public Housing Authority Recovery and Sustainability (PHARS) Agreement and Action Plan.

DRAFT
24 Previous version is obsolete Page 2 of 3 form HUD-50075-5Y (09/30/2027) B.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of lowincome, very low-income, and extremely low-income families for the next 5 years.

The Richmond Housing Authority's goals and objectives are detailed in our PHARS agreement. Over the next five years, we will focus on the following initiatives: repositioning Richmond Village, redeveloping and repositioning Nystrom Village, and disposing of the remaining parcel of Hacienda.

B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan.

RHA’s Five-Year Plan is now effectively reflected in the agreements contained in the PHARS Agreement between HUD and RHA.

A summary of the current status and next steps for each major project is attached.

B.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA's goals, activities, objectives, policies, or programs that will enable the PHA to serve the needs of survivors of domestic violence, dating violence, sexual assault, or stalking.

The Richmond Housing Authority provides assistance to victims of domestic violence, dating violence, sexual assault, stalking, and human trafficking by offering housing protections aimed at ensuring their safety and mitigating the risk of homelessness. This support is facilitated through notices of occupancy rights and an Emergency Transfer Plan. The Richmond Housing Authority complies fully with all Public Housing Agency (PHA) requirements in three critical areas: notification, documentation, and confidentiality.

B.5 Project-Based Activities. If a PHA intends to select one or more projects for project-based assistance without competition in accordance with 24 CFR 983.51(c), the PHA must include a statement of this intent.

C. Other Document and/or Certification Requirements.

C.1 Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan.

Richmond Housing Authority (RHA) Significant Amendment and Substantial Deviation/Modification definition: The PHA defines “substantial deviation” and “significant amendment/modification” as any change in policy which significantly and substantially alters the RHA’s stated mission and the person RHA serves. This would include admissions preferences, demolition and/or disposition activities, and conversion programs. Discretionary or administrative amendments consistent with the Authority’s stated overall mission and basic objectives will not be considered substantial deviations or significant modifications. If a significant amendment and/or substantial deviation/modification occur, the public process will include: consultation with the Housing Advisory Commission, a public comment period, public notification of where and how the proposed change can be reviewed, and the approval by the RHA Board.

C.2 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the 5-Year PHA Plan? Y N
(b) If yes, comments must be submitted by the PHA as an attachment to the 5-Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

C.3 Certification by State or Local Officials.

Form HUD-50077-SL, Certification by State or Local Of icials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. 25 Previous version is obsolete Page 3 of 3 form HUD-50075-5Y (09/30/2027) C.4 Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA's response to the public. (a) Did the public challenge any elements of the Plan?
Y N
(b) If yes, include Challenged Elements.

This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year PHA Plan. The 5-Year PHA Plan provides the PHA's mission, goals, and objectives for serving the needs of low- income, very low- income, and extremely low- income families and the progress made in meeting the goals and objectives described in the previous 5-Year Plan.

Public reporting burden for this information collection is estimated to average 1.23 hours per year per response or 6.15 hours per response every five years, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information.

HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S.

Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

Form identification: CA010 - Housing Authority of the City of Richmond form HUD-50075-5Y (Form ID - 4257) printed by Antoinette Terrell in HUD Secure Systems/Public Housing Portal at 01/23/2026 01:05PM EST 26 1 | Page
Richmond Housing Authority
Administrative Office
450 Civic Center Plaza 2nd Floor
Richmond, CA 94804
(510) 621-1300
PHARS Agreement and Asset Repositioning Update
Since the inception of the 2019 Public Housing Authority Recovery and Sustainability (PHARS) Agreement and Action Plan, the Richmond Housing Authority (RHA), in partnership with the City of Richmond and the U.S. Department of Housing and Urban Development (HUD) Region 9, has made steady and measurable progress toward stabilizing operations, improving housing quality, and advancing long-term redevelopment efforts.

Nevin Plaza
RHA has substantially completed the renovation and modernization of 140 units at Nevin Plaza Phase I and is actively leasing all remaining vacant units.

DRAFT
27 2 | Page
Richmond Housing Authority
Administrative Office
450 Civic Center Plaza 2nd Floor
Richmond, CA 94804
(510) 621-1300
Richmond Village
For Richmond Village, RHA completed the exit of the investor limited partner and executed a Memorandum of Understanding with McCormack Baron Salazar and Community Housing Development Corporation. RHA also secured a Commitment to Housing Assistance Payment (CHAP) under the Rental Assistance Demonstration (RAD) program on December 23, 2024.

PHARS Action Plan – Status Summary
TASK
NUMBER
TASK Status
Hacienda

1.1 Finalize Financial Terms btw RHA and Mercy
(Confirmation of a current Development Agreement to
Closed

1.2 Request Revised Disposition Appl from SAC Closed

1.3 Submit Financing Plan to SFRO and submit Financing
Applications to TCAC/HCD
Closed

1.4 Conveyance / Closing of Hacienda Closed
28 3 | Page
Richmond Housing Authority
Administrative Office
450 Civic Center Plaza 2nd Floor
Richmond, CA 94804
(510) 621-1300

1.5 SAC acceptance of a complete Section 18 PIC
disposition application for Hacienda Remainder Parcel
Open
Admin. Building

2.1 Submission of disposition application to SAC Closed

2.2 SAC acceptance of a complete Section 18 PIC Closed

2.3 Submit Financing Plan to SFRO and submit Financing
Applications to TCAC/HCD
Closed
Nevin

3.1 Issue RFP for Development Partner w/ elevator Closed

3.2 Select a Development Partner Closed

3.3 SAC acceptance of a complete Section 18 PIC Closed

3.4 Submit Financing Plan to SFRO and submit Financing
Applications to TCAC/HCD
Closed

3.5 Closing /Conveyance /Start Construction Closed
Nystrom

4.1 Issue RFQ for Master Plan Closed

4.2 Finalize terms btw RHA and Developer Open

4.3 SAC acceptance of a complete Section 18 PIC Open

4.4 Closing /Conveyance /Start Construction Open
Richmond Village 1&2

5.1 Submit RAD Application Closed*

5.2 Submit RAD Financing Plan Open

5.3 Close RAD conversion Open
Richmond Village 3

6.1 SAC acceptance of a complete Section 18 PIC Open

6.2 Receive Tenant Protection Vouchers Open

6.3 Closing /Conveyance /Start Construction Open
Other

7.1 Submit PH organizational chart of RHA staff; charts to include names, titles, and responsibilities and
Closed

7.2 Complete HCV Close Out Audit Closed

7.3 Submit operating budgets for each AMP and Central
Office Cost Center (COCC).

Closed
*subject to being changed back to Open if CHAP is rescinded 29 Richmond Housing Authority
Administrative Office
450 Civic Center Plaza 2nd Floor
Richmond, CA 94804
(510) 621-1300 Voice • (510) 237-5230 FAX
TDD: 1-800-545-1833, Ext. 563

NOTICE OF PUBLIC HEARING

HOUSING AUTHORITY OF THE CITY OF RICHMOND
Richmond, California
Notice is hereby given that a Public Hearing will be held before the Richmond Housing Authority (RHA) Board of Commissioners on Tuesday, April 7, 2026, at 6:25 PM in the City Council Chambers, 440 Civic Center Plaza, 1st Floor, Richmond, California, 94804. The Board of Commissioners will receive public comments on the following matter:

The 2026 Annual Public Housing Agency Plan (2026 Annual PHA Plan) and 2026 5 Year Plan include goals and objectives for the Housing Authority’s future involvement in providing affordable housing in Richmond through its Public Housing developments. The 2026 Annual PHA Plan and 2026 5 Year PHA Plan will be submitted to the U.S. Department of Housing and Urban Development (HUD) after the RHA Board of Commissioners adopts them following the Public Hearing.

All interested people may appear and be heard.

Public notice of the 45-day public review period to consider the 2026 Annual PHA Plan and 2026 5 Year PHA Plan was posted on the RHA Website on February 2, 2026. A local newspaper (West County Times) public notice was posted on February 2, 2026. A webpage dedicated to the 2026 Annual PHA Plan and 5 Year PHA Plan was created on the RHA website to give background information on the plan development and ways for the public to provide feedback:
• RHA Annual Plan Website
https://www.ci.richmond.ca.us/3925/Policies-and-Annual-Plan The public may submit written comments by addressing them to the Richmond Housing Authority of the City of Richmond, 450 Civic Center Plaza, 2nd Floor, Richmond, California 94804, or by sending an email to [email protected] or by calling (510) 620-6784.

A copy of the draft 2026 Annual PHA Plan and 2026 5 Year Plan will be available for public inspection at the RHA Administrative Offices (450 Civic Center Plaza, 2nd floor, Richmond, CA 94804), Monday through Friday from 8:30 a.m. to 4:30 p.m.

This Public Hearing is required by the U.S. Department of Housing and Urban Development as part of the Quality Housing and Work Responsibility Act of 1998. 30 I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Executed at Walnut Creek, California.

On this 2nd day of February, 2026.

West County Times Legal No.
(510) 262-2740

PROOF OF PUBLICATION
FILE NO. 4/7 Hearing/2026 Annual Plan
West County Times
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter.

I am the Principal Legal Clerk of the West County Times, a newspaper of general circulation, printed and published in the City of Walnut Creek, County of Contra Costa, 94598
And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of August 29, 1978. Case Number 188884.

The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
02/02/2026
Signature
2015323

RICHMOND, CITY OF

HOUSING AUTHORITY
450 CIVIC CENTER PLAZA, 2ND FLOOR
RICHMOND, CA 94804-1725
0006945667
r.BP316-07/17/17 1
31 Reso. No. ____

Page 1 of 2 ends

DocID #66560v1
RESOLUTION NO. ____

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, ADOPTING A RESOLUTION APPROVING THE HOUSING AUTHORITY’S ANNUAL PLAN AND

FIVE-YEAR PLAN AND AUTHORIZING SUBMISSION OF THE PROPOSED

ANNUAL PLAN AND FIVE-YEAR PLAN TO THE US DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT
WHEREAS, Public Housing Authorities (PHAs)are required to submit an Annual Plan to the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, discretionary priorities, activities, and policies utilized in the Public Housing program are contained in the Annual Plan; and
WHEREAS, the Housing Advisory Commission has been unable to meet to review the Annual Plan and Five-Year Plan due to lack of quorum since May 13, 2024; and WHEREAS, the Fiscal Year (FY) 2026 Annual Plan and FY 2026-2030 Five-Year Plan, for the period beginning July 1, 2026, were made available for public review and comment by posting on the Richmond Housing Authority (RHA) website and by making copies available for in-person review at RHA administrative offices on February 2, 2026; and WHEREAS, the public will be provided the opportunity to present additional comments or questions during a public hearing on April 7, 2026; and WHEREAS, a notice of this public hearing was posted in the West County Times on February 2, 2026.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE

HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Housing Authority’s Annual Plan and FiveYear Plan is approved and the Executive Director is authorized to submit both the Annual Plan and Five-Year Plan to HUD.

BE IT FURTHER RESOLVED THAT the Executive Director is hereby authorized to take all actions necessary to implement this resolution. *****************
32 Reso. No. ____

Page 2 of 2 ends

DocID #66560v1
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on April 7, 2026, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Chairperson

[SEAL]
Attest:

Secretary
Approved as to form:

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

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on April 7, 2026. ____________________________________

CLERK OF THE HOUSING AUTHORITY
33

Page 1 of 2 ends

April 7, 2026
Library and Community Services
DATE: April 7, 2026
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager - Community
Services
Ranjana Maharaj, Deputy Director of Community
Services-Recreation
Tetteh Kisseh, Recreation Supervisor
Stephanie Ny, Associate Management Analyst
Subject: Sponsorship from Kaiser Permanente for Park
Prescription Day
FINANCIAL IMPACT: These actions do not create any direct cost or liability to the City’s General Fund. The actions contemplated here
would generate a one-time sponsorship that does not
have to be repaid. These funds would be administered by Community Services-Recreation in accordance with the
awarding agency.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

City staff is requesting City Council to adopt a resolution to accept and appropriate sponsorship funds in the
amount of $4,500.00 from Kaiser Permanente to support
Park Prescription Day.

AGENDA
REPORT
34

Page 2 of 2 ends

April 7, 2026
RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE sponsorship funds in the amount of $4,500 from Kaiser
Permanente to support Park Prescription Day –
Community Services Department (LaShonda White 510-
620-6828/Stephanie Ny 510-620-6563).

DISCUSSION:

Kaiser Permanente provides sponsorships for community events and activities that support community health, engage Kaiser Permanente employees, and promote equity, inclusion, diversity, and accessibility. The Community Services Department, Recreation Division (“Recreation”) has been awarded a sponsorship from Kaiser Permanente in the amount of $4,500 to support Park Prescription Day (“Park Rx Day”).

Park Rx Day is a national event that promotes the use of parks and green spaces to improve health and wellness in collaboration with healthcare providers. Park Rx Day in Richmond is a free community event held annually on the last Saturday of April. This year, Park Rx Day will take place on Saturday, April 25, 2026, at Nicholl Park.

Park Rx Day activities may include:
 Free community fitness classes, such as Zumba
 Access to healthcare professionals
 Community resource tables
 Rock climbing walls
 Human hamster (“Zorb”) balls
 Family and kids’ sports and games
Organizations interested in tabling or hosting activities at the event are encouraged to contact Recreation at 510-620-6793.

Recreation is requesting City Council adopt the resolution to accept and appropriate sponsorship funds and adjust the FY2025-2026 revenue by $4,500.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Park Prescription Day Event Flyer
35 Reso. No. XX-26

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DocID #67324v1
RESOLUTION NO. XX-26

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, ACCEPTING AND APPROPRIATING THE KAISER PERMANENTE SPONSORSHIP FUNDS IN AN AMOUNT NOT TO EXCEED $4,500 FOR PARK

PRESCRIPTION DAY
WHEREAS, Kaiser Permanente provides sponsorships for community events and activities that support community health, engage Kaiser Permanente employees, and promote equity, inclusion, diversity, and accessibility; and
WHEREAS, the City of Richmond, as a municipal corporation and a charter city, applied for and was awarded a sponsorship in the amount of $4,500 to support Park Prescription Day; and
WHEREAS, Park Prescription Day is a national event that promotes the use of parks and green spaces to improve health and wellness in collaboration with healthcare providers; and WHEREAS, the City of Richmond is planning Park Prescription Day at Nicholl Park on Saturday, April 25, 2026; and
WHEREAS, the City of Richmond has received and accepted the Agenda Report regarding this Resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond finds the above recitals accurate and have served together with the Agenda Report as the basis for the findings and approvals set forth in this Resolution; and BE IT FURTHER RESOLVED that the City of Richmond hereby agrees to use the Kaiser Permanente sponsorship funds for eligible activities as approved by Kaiser Permanente.

BE IT FURTHER RESOLVED that the City Council of the City of Richmond accepts and appropriates sponsorship funds in the amount of $4,500 from Kaiser Permanente for the purpose of supporting Park Prescription Day.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager or their designee to execute in the name of the City of Richmond any documents required by Kaiser Permanente for participation in the sponsorship program, and any amendments thereto. 36 Reso. No. XX-26

Page 2 of 2 ends

DocID #67324v1
**********************
***THE CITY CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW*** I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held __________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:
____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
__________________
Mayor
Approved as to form:
_________________
City Attorney
37 Day
Saturday, April 25, 2026
10 AM - 1 PM
Nicholl Park
3230 Macdonald Ave
Free Community
Fitness Classes
Picnic in the Park
Free Lunch
Chat with Healthcare
Professionals
Rock Climbing Wall
& Human Hamster
Balls
Play Family and Kids’
Sports and Games
510-620-6793
Join us for a day with nature at the
park to improve your health and wellbeing. Bring your family and friends to get active and learn about local health
resources!
@richmondcsd
Highlights
City of Richmond
Community Services - Recreation
38 Sábado 25 de abril de 2026
10 a.m. a 1 p.m.

Nicholl Park
3230 Macdonald Ave
Clases de fitness
comunitarias gratuitas
Picnic en el parque
almuerzo gratis
Charla con profesionales
de la salud
Muro para escalar y
bolas de hámster
humanas
Juegue deportes y juegos
para familias y niños
510-620-6793
Acompáñenos a disfrutar de un día en la
naturaleza en el parque para mejorar su
salud y bienestar. ¡Traiga a su familia y
amigos para mantenerse activos y
aprender sobre recursos de salud locales!
@richmondcsd
Actividades
Destacadas
Ciudad de Richmond
Servicios communitarios - recreativos
Día
39

Page 1 of 3 ends

March 24, 2026
DocID #62398v1
Library and Community Services
DATE: March 24, 2026
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager of Library and Community Services
Tamara Walker, Deputy Director of
Community Services, Employment and Training Division
Subject: Accept and Appropriate Employment and Training Grant Awards
FINANCIAL IMPACT: The proposed $226,601 expenditure is funded by workforce development grants from Construction Training Workforce Initiative (CTWI), Chevron, Pinole Youth
Foundation, and the California Employment Development
Department (EDD). The budget for the Employment &
Training Department will be increased by $226,601, and
corresponding revenue accounts will be established upon appropriation. There is no net change to the overall
budget.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Construction Training Workforce Initiative (CTWI),
Chevron, Pinole Youth Foundation, and the California
Employment Development Department (EDD) awarded
the City of Richmond’s Employment & Training
Department various grants totaling $226,601. The funds
will support RichmondBUILD trainees, pay participants to set up and dismantle the Chevron stage for community
events, assist the upcoming trades fair in April 2026, and provide services to laid-off residents.

AGENDA
REPORT
40

Page 2 of 3 ends

March 24, 2026
DocID #62398v1
RECOMMENDED ACTION: ACCEPT and APPROPRIATE $246,601 in workforce development grant funds from Construction Trades
Workforce Initiative ($67,000), Chevron ($20,000), Pinole Youth Foundation ($10,000), and the California
Employment Development Department ($149,601) to
support workforce development programs and services,
including supportive services for RichmondBUILD
participants, wages for event stage setup and
dismantling, the Youth Trade Fair, and rapid response
and layoff aversion services; and AUTHORIZE the city
manager, or their designee, to execute all necessary
documentation – Community Services Department
(Tamara Walker 510-307-8006/LaShonda White 510-
620-6828).

DISCUSSION:

The City of Richmond’s Employment and Training Department was awarded a total of $226,601 in grant funds:
 Construction Trades Workforce Initiative (CTWI) ($47,000) – To provide supportive services to participants of RichmondBUILD, a construction preapprenticeship program, through June 30, 2025 (Attachment 1).  Chevron ($20,000) – Annual funding to provide wages for participants who set up and dismantle the Chevron stage at Richmond community events. Furthermore, City staff is exploring and obtaining pricing for portable, modular stage options for City use that can be easily assembled, dismantled, and stored, providing a flexible solution for a variety of City events and programs. (Attachment 2).  Pinole Youth Foundation ($10,000) – The Foundation supports youth interested in entering the trades. The funds will be used to host the upcoming Youth Trade Fair in late April 2026. The money was donated by the Pinole Youth Foundation as the foundation was closing (Attachment 3).
 California Employment Development Department (EDD) ($149,601) – To deliver early intervention strategies and employer engagement to mitigate the impact of layoffs through rapid response and layoff aversion services. This includes coordinating with businesses facing downsizing to connect affected workers with reemployment services and working with employers to identify solutions to prevent layoffs, such as incumbent worker training and operational support strategies. This funding was approved at the August 25 City Council meeting; however, the funds were not calculated correctly. The amount for Rapid Response was not included in the overall amount (Attachment 4).
 Construction Trades Workforce Initiative (CTWI) ($20,000) – An additional 41

Page 3 of 3 ends

March 24, 2026
DocID #62398v1
$20,000 for the current Resilient Workforce Grant. Funds must be spent by March 31, 2026 (Attachment 5).

The funds will support RichmondBUILD trainees, pay participants to set up and dismantle the Chevron stage for community events, assist the upcoming trades fair in April 2026, and provide services to laid-off residents. These new grants will expand access to training and quality job placement opportunities for Richmond youth and young adults.

SYNERGISTIC POLICIES:

This action aligns with the City Council’s priorities to:
 Advances the City of Richmond’s Workforce Development and Youth Opportunity policies by expanding access to job training, paid work experience, and career pathways for youth, young adults, and dislocated workers.  Aligns with State and Federal Workforce Innovation and Opportunity Act (WIOA) priorities, including rapid response, layoff aversion, employer engagement, and reemployment services funded through California EDD.
 Promotes equity and economic mobility by prioritizing underserved residents and individuals impacted by layoffs for workforce services and training opportunities.  Leverages public-private partnerships with Chevron, CTWI, and the Pinole Youth Foundation to deliver community benefits and workforce outcomes without General Fund impact.

DOCUMENTS ATTACHED:

Attachment 1 – CTWI MOU
Attachment 2 – Chevron Award Letter
Attachment 3 – Pinole Youth Foundation heck
Attachment 4 – Rapid Response Award Recipients Spreadsheet Attachment 5 – CTWI Additional Funds Available
42 Memorandum of Understanding
Construction Trades Workforce Initiative (CTWI) & Richmond Employment and Training Department
This Memorandum of Understanding (MOU), drafted on October 15, 2025, is between the Construction Trades Workforce Initiative (CTWI) and Richmond Employment and Training Department, and will be effective from October 1, 2025 through May 31, 2027.

In this document “we”, ”us”, “our”, “CTWI” refers to the Construction Trades Workforce Initiative. “Partner”, “you”, “your” refers to Richmond Employment and Training Department. “Program” refers to the Equal Representation in Construction Apprenticeship (ERiCA) Program.

1. Purpose and Benefits
The purpose of this MOU is to establish an official partnership between CTWI and Richmond Employment and Training Department in the Equal Representation in Construction Apprenticeship (ERiCA) Program. Richmond Employment and Training Department operates RichmondBUILD, a construction pre-apprenticeship program.

This program is funded by the Equal Representation in Construction Apprenticeship (ERiCA) Grant administered by the California Department of Industrial Relations Division of Apprenticeship Standards (DAS). The grant seeks to improve access to training and employment opportunities for underrepresented populations in construction trades across all communities throughout the state of California, by providing funding based on 2 categories:
● Recruitment: Expanding recruitment efforts to be more inclusive of women, non-binary individuals, and underrepresented populations to better facilitate their entry into construction careers
● Childcare: Providing supportive resources for childcare CTWI is a grant recipient and lead fiscal entity under the ERiCA grant and will lead the multi-partner coalition to fulfill and report progress towards grant and partnership deliverables.

This MOU delineates the respective roles and responsibilities of the Partner and CTWI in the implementation of the grant.

The partnership consisting of 15+ apprenticeship programs, pre-apprenticeship programs, and Building Trades Councils recognize the partnership-wide goals and will work towards achieving these goals:
● Recruitment:
○ Increase the enrollment of women in pre-apprenticeship programs by 5% 1 43
○ Increase enrollment of women in apprenticeship programs by 10% ● Childcare:
○ 116 Stipend Recipients
■ 70 apprentices
■ 46 pre-apprentices
○ 60% 1-year retention rate of MC3-graduated apprentices ○ 50% stipend recipients are women, non-binary, or other underrepresented population

2. Term and Termination of MOU
This MOU is in effect from October 1, 2025 through May 31, 2027. Either party may terminate this MOU at any time, without cause, with 30 days written notice to the other party. This Agreement may be amended by mutual written consent of the parties. All amendments to this MOU must be in writing and signed by both parties.

3. Richmond Employment and Training Department and CTWI Scope of Work

1. Grant Administration and Partner Coordination
Partner will:
● Attend quarterly partnership meetings and monthly check-ins as needed. ● Submit quarterly invoices and narrative reports aligned with outcomes. ● Collaborate with CTWI to implement grant services and deliverables ● Submit quarterly reports to CTWI
CTWI will:
● Attend required meetings with DIR/DAS
● Submit narrative and fiscal reports to DIR/DAS, including:
○ Participant reporting: Provide detailed demographics and outcomes per each category (Recruitment, Childcare, or Worksite Culture).
○ Final performance report: Submit Narrative reflecting obstacles, best practices, sustainability strategy, and a complete budget summary.
2 44

2. Childcare Stipends
Partner will:
● Assist with outreach and identification of eligible pre-apprentices in their programs with childcare needs. ● Collaborate with CTWI on outreach to ensure parents/guardians pre-apprentices are aware of childcare stipend availability.
● Assist in supporting participants with completing stipend application and required identification documents, receipts, affidavits, and other documentation. ● Register pre-apprentices in California Apprenticeship System (CAS) and maintain pre-apprenticeship outcomes data (entry, exit, completion).

CTWI will:
● Serve as fiscal agent, including managing stipend fund disbursement. ● Maintain application form, review applications, verify participant eligibility, and process participant childcare stipend applications and payments.
● Follow up with participants to collect any missing documentation to validate eligibility and childcare expenses and complete application.
● Track and report participant data, including program status, participant demographics, stipend amounts, retention outcomes.

3. Recruitment
Partner will:
● Distribute and adapt CTWI-developed marketing materials locally. ● Participate in outreach and recruitment events (tabling, career fairs, site visits). ● Share success stories, photos, and materials for inclusion in state-required marketing campaigns. ● Provide demographic and outcome placement data for individuals recruited into their programs. ● Collaborate on audits of recruitment practices to identify barriers and propose solutions.

CTWI will:
3 45
● Develop inclusive and representative marketing collateral (print, digital, social). ● Publish and update Apprenticeship Guidebook and Best Practices Guidebook. ● Coordinate and host regional recruitment events and outreach campaigns: Apprenticeship Showcases, Trades Treks, Summer Trades Programs, Career Fairs, etc. ● Manage data collection and regional reporting on recruitment outcomes. ● Advocate for inclusive labor standards and policy adoption supporting hiring practices.

4. Budget
The total grant amount awarded to the Partner shall not exceed the following amounts for each funding category for the full performance period. The budget, including allowable and allowable expenses, is outlined in the next section.
● Childcare: $47,000
○ Stipend Funds to Pre-Apprentices: The budget is $35,000. Because CTWI will be responsible for distributing the stipend funds directly to participants, CTWI will hold the childcare funds in their budget. CTWI will reserve 50% of this funding category amount ($17,500) for the Partner’s pre-apprentices through June 2026 (midway through the grant) and depending on the number of eligible pre-apprentices, will release up to the total amount to the Partner’s pre-apprentices. After June 2026, CTWI reserves the right to re-allocate and adjust stipend funds based on actual spenddown performance by partners. ○ Administration Expenses: The budget is $12,000.
● Recruitment: $15,000

5. Allowable and Unallowable Expenses
Allowable and unallowable expenses for the funding categories are as follows:
a. General Principles for All Funding Categories
i. Costs must meet the following general criteria to be allowable:

1. Must be necessary and reasonable for the performance of the grant award, and allocable the grant award

2. Must be accorded consistent treatment. A cost may not be assigned as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated as an indirect cost

3. Must be adequately documented

4. Must be allowable under, or otherwise comply with, grant requirements and grant award terms and conditions

5. Must be in compliance with applicable state laws and requirements ii. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances 4 46
prevailing at the time the decision was made to incur the cost. In determining the reasonableness of a given cost, consideration will be given to:

1. Whether the cost is generally recognized as ordinary and necessary for the proper and efficient performance of the grant award

2. The requirements of the grant and the terms and conditions of the grant award.

3. Market prices for comparable goods or services for the geographic area

4. Whether the recipient deviates from its established practices and policies regarding the incurrence of costs, which may unjustifiably increase the award’s cost.
iii. A cost is allocable to the grant award if the cost is incurred specifically for the award. If the cost benefits both award and non-award activities, the proportion that may be approximated using reasonable and properly documented methods may be charged to the grant award if approved by DIR.
b. Allowable Use of Funds: Recruitment
i. Staffing costs and project management related to the objectives of this grant category.
ii. Providing technical assistance to apprenticeship and/or pre-apprenticeship programs that are working to achieve better representation of women, non-binary individuals and underrepresented populations in their program both in terms of sourcing and advancement through the program. iii. Creating new and innovative marketing strategies to recruit more women, nonbinary individuals and underrepresented populations into the trades.

Activities could include hands-on career fairs which provide opportunities to use simulators, hand tools, etc. or other innovative outreach strategies. iv. Expanding outreach and networking with contractors and employers to address any concerns around hiring women, non-binary individuals and underrepresented apprentices.
v. Coordinating with public officials at Division of Occupational Safety and Health (DOSH) and the Labor Commissioner’s Office about training activities on workplace health, safety, and wage and hour rights. vi. Outreach costs, including paid advertising, content production, contracting press relations, flyers and marketing materials for events, website building and updating.
vii. Event-related costs including registration fees, travel, facilities rental and speaker fees.
viii. Tools and other demonstration equipment related to the objectives of this grant category.
c. Allowable Use of Funds: Childcare
i. Childcare stipends directly to apprentices or pre-apprentices to cover 5 47
demonstrated childcare or specific care needs services. ii. All costs associated with onsite day care such as facilities, staffing, childcare supplies, utilities, toys, books.
iii. Daycare or Special Needs Care reimbursement.
iv. In-home childcare/care costs such as a nanny, babysitter (if there to cover for a parent who is at work vs. recreational reasons), or au pair, or institutional-setting care, such as child daycare or special needs care services by qualified caregivers.
v. Summer and vacation day camps.
vi. Before & After School Care.
vii. Application fees, deposits (etc. requirements for obtaining care, but only if care is subsequently provided).
viii. Enrichment programs and lessons (i.e. music, sport lessons). ix. Childcare coordinator.
x. Staffing costs and project management related to the objectives of this grant category.
xi. Up to a 10% administrative fee to be paid to a local Alternative Payment Program to administer stipends and connect participants with other childcare and human services.
xii. Stipends – the program is offering eligible participants a stipend to cover childcare/care costs. Since this is likely to be a taxable stipend, there is a broader set of eligible costs, however stipend recipients must all sign an affidavit validating that the stipend is used for eligible childcare/care costs.

CTWI will provide a template affidavit for this type of model. Eligible childcare/care costs in this scenario include:

1. Daycare or Special Needs Care reimbursement.

2. In-home childcare costs (such as a nanny, babysitter, au pair, family member or institutional-setting care, such as child daycare or special needs care services by qualified caregivers.)

3. Summer or vacation day camps.

4. Before- and after-school care.

5. Application fees, deposits (etc. requirements for obtaining care, but only if care is subsequently provided).

6. Enrichment programs and lessons (i.e. music, sport lessons). d. Unallowable Expenses For ALL Funding Categories
i. For all funding categories of the ERiCA Grants, the following categories of expenses are never allowed:

1. Food and Beverage costs.

2. Political Activity.

3. Campaign Activity.

4. Lobbying.

5. Goods or services for personal use of the recipient’s or subrecipient’s employees.

6. Penalties and fees resulting from violations, alleged violations, or 6 48
failure to comply with federal, state, tribal, local or foreign laws and regulations.

7. Acquisition of buildings, facilities, or land or to make additions, improvements, replacements, rearrangements, reinstallations, renovations, or alterations of an existing building or facility (including site grading and 15 improvement and architecture fees).

Building means any permanent structure that is designed or intended for support, enclosure, shelter, or protection of person, animals, or property having a permanent roof that is supported by columns or walls. This also includes costs for construction and construction related materials, which may include, but are not limited to the purchase of building materials such as wood, nails, concrete, asphalt, roofing, gravel, sand, paint, insulation, drywall, or plumbing.

8. Expenses for training and services already mandated under federal, state and local law are NOT allowable.

6. Payment and Invoice Schedule
The partner shall submit invoices and necessary documentation to CTWI for project expenses as outlined in the table below. CTWI shall make payment within 45 calendar days after receipt of the billing, contingent upon receipt of funds from the DIR. The partner agrees to maintain all necessary documentation including invoices, receipts, proof of payments, etc.

Each invoice should clearly split the total invoiced amount into the three initiative categories, as applicable (Childcare or Recruitment). This makes it easier during audits to trace deliverables tied to specific funds. CTWI will provide a template to follow.

Invoicing Period for Recruitment and
Childcare Stipend Administration Funds
Invoice Due Date
October 1, 2025 - November 30, 2025 December 6, 2025
December 1, 2025 - November 30, 2026 December 6, 2026
Note: The Partner does not invoice for the Childcare Stipends because CTWI will hold these funds in their budget.

Unused funds or carryover: Any unspent amounts from an initiative must be returned or reallocated in writing, subject to CTWI approval, and must be documented in the narrative. 7 49

7. Reporting Schedule
The partner shall submit the following on a quarterly basis:
● Short narrative report summarizing activities, progress toward increasing enrollment of women in pre-apprenticeship programs by 5%, and any successes, challenges, or recommendations on each category.
● Participant information, including verification of apprenticeship status (active, completed, or exited) and CAS registration
● Final close-out: The final invoice and narrative will serve as the final financial and programmatic closeout for the MOU.

CTWI will provide report templates and training to partners.

8. Notices
All notices provided for under this MOU shall be in writing and either personally delivered during normal business hours, sent by U.S. Mail (certified, return receipt requested) with postage prepaid to the other party at the address set forth below, or via email. a. If to Council:

Name Beli Acharya, Executive Director, CTWI
Address 7750 Pardee Lane, Suite 100
Oakland, CA 94621
Email Address [email protected]
b. If to Richmond Employment and Training Department:

Name Tamara Walker
Address
330 25th Street
Richmond, CA 94804
Email Address
[email protected]

8. Status of the Parties
8 50
This MOU is not an employment or partnership agreement. Participants in the Program are not employed by Collaborators, and are not entitled to benefits of any kind or nature normally provided employees of each of the respective parties and/or to which each of the respective party’s employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation.

9. No Joint Liability
Each party, in the performance of this Agreement, shall be and act as an independent contractor and separate entity from the other. Each party understands and agrees that it and all of its employees shall not be considered officers, employees, agents, partners, or joint ventures of the other party,

10. No Assignment & No Rights in Third Parties
The obligations and rights under this MOU shall not be assigned without the express prior written consent of all of the parties. This MOU does not create any rights in, or inure to the benefit of, any third party except as expressly provided herein.

11. Waiver
No delay or omission by either party in exercising any right under this MOU shall operate as a waiver of that or any other right or prevent a similar subsequent act from constituting a violation of the MOU.

12. Severability
If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full. l0. Provisions Required By Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this MOU shall be deemed to be inserted herein and this MOU shall be read and enforced as though it were included herein.

11. Captions and Interpretations
Section and paragraph headings in this MOU are used solely for convenience, and shall be wholly disregarded in the construction of this MOU. No provision of this MOU shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this MOU shall be construed as if jointly prepared by the parties.

12. Calculation of Time
9 51
For the purposes of this MOU, “days” refers to calendar days unless otherwise specified.

13. Litigation
This MOU shall be performed in Oakland, California and is governed by the laws of the State of California, but without resort to California’s principles and laws regarding conflict of laws. The Contra Costa County Superior Court shall have jurisdiction over any litigation initiated to enforce or interpret this Agreement.

14. Incorporation of Recitals and Exhibits
The recitals and each exhibit (if any) attached hereto are hereby incorporated herein by reference. The parties agree that to the extent any recital or document incorporated herein conflicts with any term or provision of this MOU, the terms and provisions of this MOU shall govern over any other recital or document.

15. Integration/Entire Agreement of Parties:

This MOU constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both parties.

16. Counterparts
This MOU and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.

17. Signature Authority
Each party has the full power and authority to enter into and perform this MOU, and the person signing this MOU on behalf of each party has been given the proper authority and empowered to enter into this MOU.

18. MOU Contingent on Governing Board Approval
Richmond Employment and Training Department shall not be bound by the terms of this MOU until it has been formally approved by Richmond Employment and Training Department’s Governing Board. This MOU shall be deemed to be approved when it has been signed by the Richmond Employment and Training Department Governing Board Designee.

19. Signatures
Construction Trades Workforce Initiative (CTWI):
10 52
Printed Name of Representative: Beli Acharya, Executive Director Signature of Representative ________________________________________ Date: ______________
Richmond Employment and Training Department:

Printed Name of Representative ______________________________________ Signature of Representative ________________________________________ Date: ______________
11 53
November 6, 2025
• Tamara Walker
Deputy Director of Community Services
City of Richmond - RichmondWorks
330 25th Street
Richmond, CA 94804
Chevron
V
Lily Rahnema
Community Engagement Manager
Dear Tamara,
As an expression of our Chevron Way values, Chevron Richmond believes supporting local communities is our responsibility as a good neighbor. We are committed to making social investments that will expand economic development and improve social well-being through capacity building and community investment. We focus on funding results-oriented organizations, enabling our contributions to have a greater impact in the community. Last year, we contributed over $2.3 million to organizations dedicated to improving the quality of life in Richmond and West Contra Costa County.

We recognize your organization plays a key role in the Richmond and West Contra Costa communities and we welcome the opportunity to partner with you. We are pleased to award you a check in the amount of $20,000 in support of the management of the Chevron Community Stage.

In order for Chevron to comply with the Revenue Reconciliation Act of 1993, you must acknowledge this contribution by completing the attached form within 15 days of receipt and returning the form.

Likewise, by accepting this grant sponsorship you also acknowledge that Chevron shall be permitted and retains a right to refer to City of Richmond - RichmondWorks and/or use City of Richmond - RichmondWorks trademarks to identify City of Richmond - RichmondWorks as the beneficiary and recipient of the Grant Funds. Please acknowledge receipt of this check by signing this letter on the signature line below and returning a scanned copy to [email protected] or via mail to:

Chevron Products Company, Attention: Veronica Robles, 841 Chevron Way-TC 341, Richmond, CA 94801.
________________________________ _______________________________ Name
Sincerely,
Lily Rahnema
Richmond Refinery
Chevron U.S.A. Inc.
841 Chevron Way
Richmond, CA 94801
Tel 510 242 5403
[email protected]
Title
54 55
Local Area Subgrantee
Code
Rapid Response
Round 1
Rapid Response
Round 2
Alameda County ALA 105,539 388,907
Anaheim ANA 70,818 260,960
Contra Costa CON 46,711 172,125
Foothill FET 47,220 174,003
Fresno City/County FRS 99,473 366,550
Golden Sierra GSC 80,991 298,448
Humboldt HUM 36,754 135,436
Imperial IMP 36,754 135,436
Kern/Inyo/Mono KIM 60,020 221,168
Kings KNG 48,318 178,047
Los Angeles City LAI 148,824 548,410
Los Angeles County LAO 322,634 1,188,887
Long Beach LBC 47,733 175,891
Madera MAD 48,553 178,914
Merced MER 42,869 157,970
Mother Lode MLC 68,693 253,129
Monterey MON 47,769 176,025
North Bay NBY 100,719 371,142
North Central Counties NCC 95,936 353,520
NoRTEC NOR 146,340 539,256
NOVA NOV 577,870 2,129,419
Oakland OAK 66,717 245,849
Orange County ORA 179,220 660,414
Richmond RCH 31,932 117,669
Riverside County RIV 97,199 358,173
Sacramento SAC 98,767 363,951
Santa Ana SAN 70,230 258,793
Santa Barbara SBA 30,718 113,194
San Benito SBE 31,579 116,369
San Bernardino County SBO 148,919 548,757
South Bay SBY 160,052 589,784
Santa Cruz SCR 39,106 144,102
San Diego SDC 81,591 300,660
SELACO SEL 37,303 137,458
San Francisco SFO 133,145 490,630
San Joaquin SJC 71,994 265,294
San Jose/Silicon Valley SJI 93,239 343,578
San Luis Obispo SLO 33,226 122,436
Solano County SOL 31,697 116,802
Sonoma County SON 37,181 137,008
Stanislaus County STN 50,238 185,126
Tulare County TUL 57,529 211,993
56 Verdugo VER 32,128 118,391
Ventura County VNP 55,609 204,914
Yolo County YOL 39,263 144,680
TOTAL 3,989,120 14,699,668
57 Rapid Response
Total
Layoff Aversion
Round 1
Layoff
Aversion
Round 2
Layoff
Aversion
Total
Grand Total
494,446 39,892 147,002 186,894 681,340
331,778 26,768 98,640 125,408 457,186
218,836 17,656 65,061 82,717 301,553
221,223 17,848 65,771 83,619 304,842
466,023 37,599 138,551 176,150 642,173
379,439 30,614 112,809 143,423 522,862
172,190 13,893 51,193 65,086 237,276
172,190 13,893 51,193 65,086 237,276
281,188 22,687 83,598 106,285 387,473
226,365 18,263 67,300 85,563 311,928
697,234 56,254 207,291 263,545 960,779
1,511,521 121,951 449,384 571,335 2,082,856
223,624 18,042 66,485 84,527 308,151
227,467 18,352 67,627 85,979 313,446
200,839 16,204 59,710 75,914 276,753
321,822 25,965 95,679 121,644 443,466
223,794 18,056 66,535 84,591 308,385
471,861 38,070 140,287 178,357 650,218
449,456 36,263 133,625 169,888 619,344
685,596 55,315 203,831 259,146 944,742
2,707,289 218,427 804,892 1,023,319 3,730,608
312,566 25,218 92,928 118,146 430,712
839,634 67,743 249,627 317,370 1,157,004
149,601 12,070 44,477 56,547 206,148
455,372 36,740 135,384 172,124 627,496
462,718 37,333 137,568 174,901 637,619
329,023 26,546 97,820 124,366 453,389
143,912 11,611 42,788 54,399 198,311
147,948 11,937 43,985 55,922 203,870
697,676 56,289 207,423 263,712 961,388
749,836 60,498 222,930 283,428 1,033,264
183,208 14,781 54,469 69,250 252,458
382,251 30,841 113,645 144,486 526,737
174,761 14,100 51,957 66,057 240,818
623,775 50,327 185,452 235,779 859,554
337,288 27,213 100,277 127,490 464,778
436,817 35,243 129,868 165,111 601,928
155,662 12,559 46,279 58,838 214,500
148,499 11,981 44,150 56,131 204,630
174,189 14,054 51,787 65,841 240,030
235,364 18,989 69,975 88,964 324,328
269,522 21,745 80,131 101,876 371,398
58 150,519 12,144 44,750 56,894 207,413
260,523 21,019 77,455 98,474 358,997
183,943 14,840 54,688 69,528 253,471
18,688,788 1,507,833 5,556,277 7,064,110 25,752,898
59 From: Megan Nazareno
To: Tamara Walker
Cc: Jamie Mather; Beli Acharya; Sandra Duenas
Subject: Additional Funds Available
Date: Tuesday, January 20, 2026 10:56:47 PM
Attachments: RB_RWF Grant Modification Award – Request to Add Funds.xlsx This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

Hello Tamara,
We have an urgent announcement and request for RWF partners. Additional RWF funds from this current grant cycle have become available to existing RWF subrecipients in our coalition. In order for your program to receive these funds, we will need your response by no later than January 26th. The deadline for budget modifications is January 30 to CWDB, and CTWI will need time to compile and prepare the final budget.

Available funds: $20,000
What we need from you: Prepare and submit a budget narrative and plan using the attached template to [email protected] and [email protected].

Deadline to CTWI: Email us your budget narrative and plan by Monday, January 26 5pm If you’d like to have a meeting to discuss, our team is available to meet Thursday 8am1:30pm, Friday 8am-11:30am, or Monday 10am-12pm. Alternatively, feel free to call either myself (510-283-9013) or Jamie Mather (510-560-4234).

Thank you,
Megan
60

Page 1 of 4 ends

April 7, 2026
Economic Development
Port
DATE: April 7, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Charles Gerard, Port Director
Lizeht Zepeda, Senior Business Assistance Officer
Kyle Lam, Management Analyst
Subject: Contract with Dynamo Construction for Berth 7 Dock Repair
FINANCIAL IMPACT: The proposed $1,080,650 expenditure is included within the approved fiscal year 2025-2026 Port Enterprise Fund Capital Improvement Program budget and will be
budgeted accordingly in subsequent fiscal year budgets
(Account String: 40163080-400708-36035).

Port staff have applied for funding through the U.S.

Department of Transportation’s Port Infrastructure
Development Program (PIDP) and will continue to pursue
additional grant opportunities that may offset eligible project costs.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Port of Richmond is requesting approval of a
contract with Dynamo Construction for the Berth 7 Dock
Repair Project at the Port of Richmond. The project
addresses structural deterioration and maintenance
needs identified as part of the Port’s Port Facilities
Condition Assessment and will help ensure the continued safe operation of Port infrastructure.

RECOMMENDED ACTION: APPROVE a contract with Dynamo Construction for the Berth 7 Dock Repair Project in an amount not to exceed
$1,080,650, with a contract term ending December 31,
2027 – Economic Development (Charles Gerard 510-
215-4600).

AGENDA
REPORT
61

Page 2 of 4 ends

April 7, 2026
DISCUSSION:

Background
The Port of Richmond recently completed a Port Facilities Condition Assessment to evaluate the structural condition and maintenance needs of Port infrastructure. The assessment was performed by Moffatt & Nichol and was presented and provided to the City Council.

Link to report: www.ci.richmond.ca.us/4962/Condition-Assessment-Report As part of the assessment, the consulting team evaluated the condition of multiple Port facilities, including Berth 7, and identified repair work necessary to address structural deterioration and extend the useful life of the facility.

Supporting technical analysis was provided by subcontractor, ENGEO, which assisted with engineering and technical evaluation associated with the assessment. In addition, Power Engineering, also serving as a subcontractor to Moffatt & Nichol, prepared preliminary construction cost estimates to support planning and budgeting for the recommended repairs.

The assessment identified structural deterioration at Berths 7 and 8, including damaged and missing timber piles, structural beam failure, settlement of pavement areas, and corrosion damage to structural elements. These conditions have resulted in overstressed structural members and localized structural failure within portions of the berth structure.

Based on the findings of the condition assessment and supporting technical analysis, City staff identified the Berth 7 Dock Repair Project as a priority maintenance project necessary to address identified deficiencies and maintain the operational integrity of the facility.

Project Description
The Berth 7 Dock Repair Project focuses on repairs associated with a failed structural beam located at the southern limit of Berth 7, which was identified during the Port Facilities Condition Assessment.

The repair scope generally consists of structural improvements necessary to restore support to the damaged beam and stabilize the surrounding structural elements. Work includes preparation of final design, mobilization, environmental protection measures, installation of support piles and related structural components, releveling of the damaged beam and dock structure, installation of concrete piers, and repairs to the existing wharf deck.

Completion of these repairs will help restore structural support to the affected portion of the berth and maintain the safe operation of Port infrastructure. 62

Page 3 of 4 ends

April 7, 2026
Procurement Process
In accordance with applicable procurement requirements, the City publicly advertised the project on the City’s procurement website and solicited competitive bids from qualified contractors. The request for bids was publicly released on January 8, 2026, and closed on February 26, 2026.

A total of four (4) bids were received (Attachment 1).

Contractors Bid Amount
Dynamo Construction $830,650
Power Engineering $998,000
Vortex Marine $1,249,000
Dutra Group $2,973,000
Following review of the bids received, staff determined that Dynamo Construction was the lowest responsive and responsible bid (Attachment 2).

Next Steps
Upon City Council approval, staff will execute the contract with Dynamo Construction for the Berth 7 Dock Repair Project.

City staff recommend approval of the contract in an amount not to exceed $1,080,650, which includes the contractor’s Base Bid of $830,650, as well as a project contingency of $250,000 to address unforeseen conditions that may arise during construction.

Marine infrastructure repairs frequently involve concealed structural elements and subsurface conditions that may not be fully visible during inspections. The project contingency will allow staff to issue change orders, if necessary, to address unforeseen site conditions encountered during construction and ensure completion of the project within the general scope of the Contract Documents.

Following execution of the agreement, staff will issue a Notice to Proceed, and the contractor will begin mobilization and coordination with Port staff to complete the required repairs on Berth 7. Project completion is anticipated prior to the contract expiration date of December 31, 2027.

In addition, staff will continue to pursue grant funding opportunities that may offset eligible project costs. The Port has applied for funding through the U.S. Department of Transportation’s Port Infrastructure Development Program (PIDP) and will continue to pursue additional state and federal funding opportunities as they become available to support this and other Port infrastructure improvements.

SYNERGISTIC POLICIES:

This project aligns with City Council Strategic Goal Area 2.5: Revitalization of the Port. 63

Page 4 of 4 ends

April 7, 2026
DOCUMENTS ATTACHED:

Attachment 1 – Request for Bids
Attachment 2 – Bid Matrix
Attachment 3 – Contract with Dynamo Construction
64 City of Richmond Terminal 7 Dock Repair
`

CITY OF RICHMOND
PORT DEPARTMENT ______________________________________________________________________________

NOTICE TO CONTRACTORS

BID PROPOSAL
AND

SPECIAL AND TECHNICAL PROVISIONS
FOR
TERMINAL 7 DOCK REPAIR
January 2026
65 City of Richmond Terminal 7 Dock Repair
`
66 City of Richmond Terminal 7 Dock Repair
`
TERMINAL 6 DOCK REPAIR
The special provisions contained herein have been prepared for construction by or under the direction of the following Registered Person.

1.05.2026
Robert Stevens
Registered Civil Engineer, Number 58660
CSWST2
67 City of Richmond Terminal 7 Dock Repair
`

TABLE OF CONTENTS
INTRODUCTION .......................................................................................................................... 1 INVITATION FOR BIDS .............................................................................................................. 2 INSTRUCTIONS TO BIDDERS ................................................................................................... 5 BID PROPOSAL .......................................................................................................................... 18 BID SCHEDULE.......................................................................................................................... 19 SUBCONTRACTOR FORM ....................................................................................................... 23 PUBLIC CONTRACT CODE...................................................................................................... 26 DEBARMENT AND SUSPENSION CERTIFICATION....................................................... 28 BIDDER’S NON-COLLUSION AFFIDAVIT ............................................................................ 29 BIDDER’S BOND........................................................................................................................ 30 PERFORMANCE BOND............................................................................................................. 32 PAYMENT BOND....................................................................................................................... 34 FIRST SOURCE AGREEMENT ................................................................................................. 36 SPECIAL PROVISIONS.............................................................................................................. 37 SECTION SP-1 – STANDARD SPECIFICATIONS .......................................................... 38 SECTION SP-2 – PLANS AND SPECIFICATIONS.......................................................... 39 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT ................................... 40 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ................................................................................................... 42 SECTION SP-5 - PUBLIC NOTICES .................................................................................. 45 SECTION SP-7 – GENERAL................................................................................................ 46 SECTION SP-10 – MOBLIZATION.................................................................................... 55 SECTION SP-16 – PRESERVATION OF PROPERTY .................................................... 56 TECHNICAL PROVISIONS ....................................................................................................... 58 TS-1 ENGINEERING ............................................................................................................ 59 TS-2 DISPOSAL OF MATERIALS ..................................................................................... 60 TS-3 ENVIRONMENTAL PROTECTION......................................................................... 60 TS-4 REPAIR OF THE BROKEN BEAM........................................................................... 60 TS-5 SUPPLEMENTAL WORK .......................................................................................... 62 68 City of Richmond Terminal 7 Dock Repair
`
TS-6 FINAL SITE CLEANUP .............................................................................................. 62 APPENDIX A – CITY OF RICHMOND – CONTRACT ................................................... A APPENDIX B – CITY OF RICHMOND – FIRST SOURCE AGREEMENT...................B APPENDIX C – CITY OF RICHMOND – INSURANCE REQUIREMNTS – CONSTRUCTION PROJECTS..............................................................................................C

APPENDIX D - COMMUNITY WORKFORCE PROJECT STABILIZATION
AGREEMENT ......................................................................................................................... D APPENDIX E – PROJECT SCOPE .......................................................................................E APPENDIX F – GEOTECHNICAL REPORT...................................................................... F 69 City of Richmond Terminal 7 Dock Repair
Introduction
1 City of Richmond
Port Department

INTRODUCTION

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

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

TERMINAL 6 DOCK REPAIR

3. DEFINITIONS
The following terms as used in the Contract Documents and in the Contractual Agreement signed by the Contractor shall have the meanings set forth below:
"City" shall mean the City of Richmond, California.
"Contract" shall mean both the Contract Documents and the Contractual Agreement for the completion of the Project which is signed by the Contractor. "Contractor" shall mean the bidder who signs the Contractual Agreement for the Project substantially in the form set forth in the Contract Documents labeled, "Contractual Agreement Form."
“Department” shall mean the City of Richmond, California. "Engineer" shall mean the City Engineer or his designated representative. "Local Public Agency" shall mean the City of Richmond, California. "Standard Specifications" shall mean 2024 edition of the State of California Department of Transportation Standard Specifications.
"City Standard Details" shall mean the Standard Details

END OF INTRODUCTION
70 City of Richmond Terminal 7 Dock Repair
Invitation for Bids
2 CITY OF RICHMOND

PORT DEPARTMENT

INVITATION FOR BIDS
BID OPENING: The City of Richmond will receive sealed bids for the Terminal 7 Dock Repair Project electronically through BidsOnline until 2:00pm PST on Thursday February 12, 2026.

All bid forms must be electronically submitted by the due date and time or the bid will not be considered.

PRE BID MEETING: A mandatory pre bid meeting will be held online at 2:30 PM on January 21, 2026, at the following link:

Join the meeting now
Meeting ID: 235 544 965 265 2
Passcode: ah9kT3DS
If the link does not go to work, use the following URL and the meeting ID and passcode above:
https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting This meeting will be held to discuss insurance requirements. Your firm must attend this meeting to bid the project.

QUESTIONS: All questions relative to this bid must be submitted via the electronic BidsOnline system on the Q&A tab by 3:00pm PST on Thursday, January 29, 2026. If the City of Richmond finds it necessary to issue an addendum, prospective bidders will receive e-mail notification of the addendum. City will issue addendum by Thursday, February 5, 2026.

Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent accordingly. It is the bidders responsibility to periodically check the BidsOnline website, www.ci.richmond.ca.us/bids for any possible Addenda to the bid that may have been posted.

WORK DESCRIPTION: In general, the work consists of completing final design and repair of a broken beam at Berth 7 as required by the Drawings, Standard Specifications, of these Special Provisions.

The Engineer’s Estimate of Probable Construction Cost for the Base Bid Work is approximately:
$900,000.

BID DOCUMENTS: Bid Documents can be obtained from the City of Richmond’s website www.ci.richmond.ca.us/bids. To download documents, new vendors will be required to register. 71 City of Richmond Terminal 7 Dock Repair
Invitation for Bids
3 Once the vendor downloads any documents relative to a solicitation, that vendor’s name will appear on the prospective bidders list for that project and will receive any addenda or notifications relating to this bid.

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

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

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

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

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

RESPONSIBILITY FOR VERIFYING CONTRACT ADDENDA: All bidders shall verify if any addenda for this project have been issued by the City of Richmond. It is the bidders’ responsibility to ensure that all requirements of contract addenda are included in the bidder’s proposal. All bidders shall include a signed copy of all contract addenda with the proposal. Failure to comply with this requirement shall cause the proposal to be considered as non-responsive and shall be grounds for rejection of the bid.
72 City of Richmond Terminal 7 Dock Repair
Invitation for Bids
4 CONTRACTOR’S LICENSE: All bidders are subject to California contractor’s licensing laws and the provisions of Business and Professions Code Section 7028.15. A California Type A Contractor’s license is required to bid this Contract. Joint ventures must secure a joint venture license prior to award of this Contract. Other licenses may be required for additional specialty work.

MINIMUM WAGE RATES: Not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

BID REVIEW: Bids may be held by the City of Richmond for a period not to exceed sixty (60) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of the Contract.

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

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

City of Richmond, a Municipal Corporation
Pamela Christian
City Clerk

END OF INVITATION FOR BIDS
73 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
5 CITY OF RICHMOND

PORT DEPARTMENT

INSTRUCTIONS TO BIDDERS

1. GENERAL INFORMATION
A. Bids are invited for construction for Terminal 7 Dock Repair.

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

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

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

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

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

B. Bids shall be submitted only upon the items of bid stated in the specifications; bids upon other basis will not be considered. Bids that do not reference all addenda or that are not submitted on the prescribed forms may be rejected. 74 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
6 C. The City reserves the right to accept bids on work and alternatives listed in the bid form in sum total or individually or in any combination unless the bid form makes specific provision to the contrary.

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

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

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

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

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

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

J. Before submitting a bid, bidders shall carefully examine the Plans, Specifications, and 75 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
7 the form of Contract, shall visit the site of work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the bid a sum to cover the cost of all items included in the Contract.

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

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

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

N. The City will use the Total Bid Price for the Base Bid to determine the low bidder.

4. CONTRACTOR’S LICENSE
No bid may be considered from a Contractor who, at the time the contract is awarded, is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of license required, the decision of the Contractor’s State License Board shall prevail. The classification of Contractor’s license required in the performance of this Contract is a Class A or C-33. Please note that there are other licensing requirements for particular items of work; this licensing requirement may be satisfied by a listed subcontractor at time of bid.
76 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
8 5. TIME LIMITS OF WORK
The work to be performed shall be completed within 100 working days for Base Bid work after execution of contract and Notice to Proceed has been issued.

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

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

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

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

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

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

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

The successful Contractor shall also obtain any other permits required from other agencies for the completion of the project, for which the fees will not be waived. 77 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
9 B. If any Contractor, or any subcontractor used in the work by the Contractor, is currently in violation of any federal, state or local law or ordinance related to public works bidding or construction, the Contractor's bid may be deemed to be non-responsible.

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

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

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

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

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

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

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

D. City Ordinances may be found in their entirety at:
https://www.ci.richmond.ca.us
https://library.municode.com/ca/richmond/codes/code_of_ordinances E. For general information, questions, requests for clarification, or comments regarding compliance with all local, state, and federal ordinances must be submitted in writing using the electronic BidsOnline system discussed in the Invitation to Bid. All clarifications and interpretations affecting the project will be issued by written addenda on the BidsOnline system. No interpretation or clarification given orally or separately will be effective to alter or affect the solicitation documents unless confirmed by written addendum.
78 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
10 11. CONTRACT BONDS
General - The successful bidder shall furnish to the City of Richmond a Performance Bond and a Payment Bond required by the State of California Contract Act. Said bonds shall be furnished in a form satisfactory to the City. Each of said bonds shall be executed in an amount equal to one hundred percent (100%) of the total bid.

Faithful Performance - Refer to Performance Bond.

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

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

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

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

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

15. MANDATORY NON-COLLUSION AFFIDAVIT
A. The City will, before any award of the Contract is made, require any bidder to whom it 79 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
11 may make an award of the principal Contract, to execute a Non-Collusion Affidavit.

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

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

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

Insurance - Contractor shall provide and maintain the insurance requirements and limits as specified in the “City of Richmond – Insurance Requirements – Construction Projects”, attached in Appendix B for the duration of the contract, agreement, or other order of work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors.

Insurance certificates and endorsements shall be reviewed and approved by the City’s Risk Management before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

17. PERMITS
The Contractor and their subcontractors shall obtain and pay for all licenses required the City including a City business license.
80 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
12 18. PREVAILING WAGE
A. All Contractors and Subcontractors performing services under this Contract shall pay their employees providing such services a minimum hourly prevailing wage rate as further described below.

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

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

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

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

1. The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.
81 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
13 2. The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

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

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

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

These moneys shall be retained by the Department pending the final decision of an enforcement action.

E. Pursuant to the requirements in Section 1773 of the Labor Code, the City has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) 82 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
14 applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

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

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

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

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

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

19. GUARANTY
All work shall be guaranteed until final acceptance by the Engineer. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.

The City is hereby authorized to make such repairs if within (10) days after giving written notice to the Contractor, or his agent, the Contractor should fail to make or undertake with 83 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
15 due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the costs thereof.

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

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

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

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

23. SIGNATURE OF CONTRACTOR
Corporations:

The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk’s office.
84 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
16 Partnerships:

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

Joint Ventures:

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

Individuals:

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

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

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

25. BID PROTEST
Any protest pertaining to the proposed award or any other matter relating to the bidding procedure must be submitted in writing to the City no later than 4:00 P.M. of the second business day following the date of bid opening. The protestor must have actually submitted a bid directly to the City on the Project or have been specifically excluded from filing a bid due to an action by the City. A subcontractor of a party filing a bid on this project may not submit a bid protest on its own accord. Each bid protest shall be accompanied by a check in the amount of $500.00 payable to the City of Richmond for each protest and shall constitute a non-refundable fee to reimburse the City for its costs in reviewing and investigating the bid protest. The City will review the bid protest and will issue its determination within a reasonable amount of time prior to bid award. These procedures and time limits are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest.
85 City of Richmond Terminal 7 Dock Repair
Instructions to Bidders
17 26. Community Workforce and Project Stabilization Agreement This project shall comply with the Community Workforce and Project Stabilization Agreement for the City of Richmond adopted on September 26, 2018. A copy of this agreement is in Appendix C.

END OF INSTRUCTIONS TO BIDDERS
86 City of Richmond Terminal 7 Dock Repair
Bid Proposal
18 City of Richmond
Port Department

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

NAME OF BIDDER _________________________________________________________________ BUSINESS P.O. BOX ________________________________________________________________ BUSINESS STREET ADDRESS _______________________________________________________ (Please include even if P.O. Box used)
CITY, STATE, ZIP __________________________________________________________________ TELEPHONE NO. AREA CODE ( )______________________________________________ FAX NO. AREA CODE ( ) _____________________________________________ CONTRACTOR LICENSE NO. _______________________________________________________ LICENSE EXPIRATION DATE _______________________________________________________ DEPARTMENT OF INDUSTRIAL RELATIONS NO. ____________________________________ TERMINAL 6 DOCK REPAIR
The work to be done and referred to herein is in the City of Richmond, Contra Costa County, State of California.

Construction to be in accordance with the Special Provisions including the payment of not less than the minimum wage rates set forth herein and the Contract annexed hereto and also in accordance with the State Standard Specifications dated 2024, and the current "Equipment Rental Rates and the Contractor is hereby notified that this project is subject to prevailing wage rates as described in the Instructions to Bidders.

To the City of Richmond Department of Public Services:

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

END OF BID PROPOSAL
87 City of Richmond Terminal 7 Dock Repair
Bid Schedule
19 City of Richmond
Port Department

BID SCHEDULE

ITEM DESCRIPTION QUANTITY UNIT UNIT COST
($/UNIT)
COST
($)
1 Draft Design 1 LS
2 Final Design 1 LS
3 Mobilization 1 LS
4 Environmental Protection 1 LS
5 Install Support Pile and
Related Appurtenances 3 EA
6 Relevel Beam and Dock 1 LS
7 Install Concrete Pier 10 EA
8 Repair Deck 3 EA
9 Supplemental Work 1 LS $100,000 $100,000

BID SUMMARY

BASE BID

TOTAL PRICE
IN FIGURES $

TOTAL PRICE IN
WORDS
88 City of Richmond Terminal 7 Dock Repair
Bid Schedule
20 The undersigned acknowledges the receipt of the following addenda to the drawings and specifications.

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

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

Dated
California Contractor’s License No.

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

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

TIME
The undersigned agrees to furnish, within ten (10) working days from the receipt of the Notice of Award of Contract, the items required by Section 1-03 of the Special Provisions. The failure to timely provide such items may result in annulment of the award and forfeiture of the Proposal Guarantee.

The undersigned agrees to begin work within ten (10) working days after the date specified in the Notice to Proceed.

If the proposal is accepted, the undersigned agrees to execute the required agreement and furnish the required bonds within ten (10) working days from the date of signing of this Contract. 89 City of Richmond Terminal 7 Dock Repair
Bid Schedule
21 BID DEPOSIT
There is enclosed herewith, a certified check or surety bond in the sum of ten percent (10%) of the base bid DOLLARS AND
CENTS ($ ) made payable to the City of Richmond and
the undersigned agrees that in case of his failure to execute the necessary contract and furnish the required bonds, the certified check or surety bond the money payable thereon, shall be and remain the property of the City.

The unit price or lump sum prices to be paid for the items listed in the Proposal Bid Sheet shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details as shown on the plans and as specified herein. Any items shown on the plans, but not included in the bid items, shall be considered as appurtenant items. All costs shall be included within the appropriate item of the Contractor’s bid. 90 City of Richmond Terminal 7 Dock Repair
Bid Schedule
22 IMPORTANT NOTICE: On a separate sheet of paper, provide the following information. If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; if co-partnership, state true name of firm and names of all individual copartners composing firm; or, if individual, state first and last names in full.

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

Address of Bidder: Corporate Seal:

State of Incorporation

END OF BID SCHEDULE
91 City of Richmond Terminal 7 Dock Repair
Subcontractor Form
23 City of Richmond
Port Department

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

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

Items
of
Work
Full Company
Name
Richmond
Firm?
Complete Address
with Zip Code
Phone No.
with Area Code
SUBCONTRACTOR’S LIST (Continued)
The bidder is to provide the following information on the sub bids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. 92 Subcontractor Form
24 Type of State
Contracting License &
Number
DIR Registration
Number
Amount of Bid
($ or %)
*Licenses are renewable annually. If no valid license, indicate “NONE.” Valid license must be obtained prior to submission of signed contracts. This applies to all subcontractors.

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

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

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

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

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

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

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

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes_____ No_____
If the answer is yes, explain the circumstances in the following space. 95 Debarment and Suspension Certification
27 Public Contract Code Section 10232 Statement
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board.

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

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

By:

Title:

Date:

END OF PUBLIC CONTRACT CODE
96 Debarment and Suspension Certification
28 City of Richmond
Port Department

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

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

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

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

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

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

By:

Title
Notary Public
Date:

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

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

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

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

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

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's 99 Bidder’s Bond
31 fees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

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

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

END OF BIDDER’S BOND
100
Performance Bond
32 City of Richmond
Port Department

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

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

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

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

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
101
Performance Bond
33 In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.

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

END OF PERFORMANCE BOND
102
Payment Bond
34 City of Richmond
Port Department

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

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

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

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

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
103
Payment Bond
35 In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.

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

END OF PAYMENT BOND
104
First Source Agreement
36 City of Richmond
Port Department

FIRST SOURCE AGREEMENT

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

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

END FIRST SOURCE AGREEMENT
105
Special Provisions
37 City of Richmond
Port Department

SPECIAL PROVISIONS
___________________________________________
________________________________________________

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

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

Refer to Section SP-1 of these Special Provisions for the order of precedence of the above contract documents in case of any conflict.
106
Section SP-1 – Standard Specifications
38 SECTION SP-1 – STANDARD SPECIFICATIONS
(SECTION 1)
References in the Special Provisions to “City Standard Details and Specifications”, Contra Costa County Details, “Caltrans Standard Specifications” or “State Standard Specifications” shall mean the Standard Specifications, dated 2024, of the State of California, Department of Transportation, including all revisions and amendments, insofar as the same may apply and in accordance with the following special provisions.

In case of conflict between the State Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. 107
Section SP-2 – Plans and Specifications
39 SECTION SP-2 – PLANS AND SPECIFICATIONS
(SECTION 2)
The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall legibly be marked to scale in red, both graphically and dimensionally on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.

Adjustments to the layout of this plan may be necessary due to the unknown existing conditions. It is the Contractor’s responsibility to retain the design intent. If a layout discrepancy should occur, the Contractor is to contact the Engineer.
108
Section SP-3 – Award and Execution of Contract
40 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT
Within ten (10) working days after the date of the Notice to Award, the Contractor shall execute and return the following contract documents to the Agency:

1. Contract Agreement

2. Faithful Performance Bond

3. Payment Bond

4. Public Liability and Property Damage Insurance Certificate

5. Worker’s Compensation Insurance Certificate

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

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

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

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

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

Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days 109
Section SP-3 – Award and Execution of Contract
41 after receiving notice from the City.

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

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

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

MEASUREMENT AND PAYMENT
Full compensation for Bonds shall be considered as included in the price paid for the various bid items and no additional compensation shall be allowed therefor. 110
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 42 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND

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

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

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

2. Provide submittals as detailed in TS-2.

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

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

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

In the event of a deviation from the most current order of work, progress report or complete progress schedule (whether authorized, planned, unplanned or emergency deviation) if additional or unplanned inspection fees are incurred by the City as a result as determined by the Engineer, then an inspection service fees will be charged against the Contractor. The service fees will include all costs to the City associated with the deviation, including consultant fees, testing fees, 111
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 43 employee regular and overtime rates, benefits, overhead and travel time. The service fees will be deducted from any amounts due the Contractor.

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

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

HOURS OF WORK
Hours of work in general shall be between 8:00 A.M. and 5:00 P.M., Monday – Friday. If requested by the Contractor and if approved by the Engineer, the Contractor could work 24 hours per day 7 days per week.

All references herein to timeframes that are specified in days shall mean calendar days, unless specifically stated otherwise.

The temporary full closure of streets is not permitted without the advance approval of the Engineer.

When lane closures are made for daily work periods, at the end of each work period, all components of the traffic control systems shall be removed from the traveled way and shoulder.

The Contractor shall schedule and sequence his/her operations within the specified hours for lane closures such that lanes closed for the street work shall remain closed until applied pavement materials (asphalt concrete, pavement delineation, etc.) have sufficiently cured to accommodate traffic. All lanes shall be reopened to public traffic no later than the end of the allowed lane closure hours.

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

1. Designation of Project Superintendent.

2. 24-hour contact information.

3. Construction schedule

4. Complete and submit Workplan
The City reserves the right to require additional submittals from the Contractor that are not specifically identified above. See the Special Provisions for additional submittals required. 112
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 44 ORDER OF WORK
The Contractor shall prosecute the work in the most efficient manner to minimize inconvenience to the public and complete the work within the Contract time limit. With the Authorization to Proceed as previously described in this Section, The Contractor shall complete the work generally in accordance with the following:

Design Phase (No more than 30 working days)

1. Confirm concept

2. Prepare plans for permit

3. Submit for permit
No time charged during permitting phase.

Construction Phase (No more than 70 working days)

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

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

3. Mobilize equipment and materials on the site.

4. Complete work as required.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefore.
114
Section SP-7 – General
46 SECTION SP-7 – GENERAL

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

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

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

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

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

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

State Standard
Specifications
- Standard Specifications, State of California, Department of Transportation, dated 2024 (or current version), including all revisions and amendments.
115
Section SP-7 – General
47 City Standard
Details
Contra Costa
County
Standard
Details
-
-
City of Richmond Department of Public Works Standard Details Contra Costa County Public Works Department – Standard Details Dated March 2014
Substantial
Completion
- Substantial Completion is defined as that stage of construction, which allows the Director to occupy or use the project for its intended purpose.

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

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

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

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

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

Traveled Way - That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. When traffic has been diverted or restricted to certain lanes, with the approval of the Traffic Engineer, these diversions or restricted lanes become the traveled way.
116
Section SP-7 – General
48 GENERAL NOTES

CITY NOTES

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

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

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

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

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

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

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

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

9. Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained on these plans, the contractor shall contact the Engineer for such further explanations as may be necessary. Existing utilities shall be maintained in service and in place by the contractor during construction unless 117
Section SP-7 – General
49 otherwise shown. References to the state standard specifications and standard Plans refer to 2018 edition.

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

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

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

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

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

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

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

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

Section 5-1.43, “Potential Claims and Dispute Resolution,” -- The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this Section 9-1.04 shall not be a prerequisite as to matters within the scope of the protest provisions in Section 4-1.05, “Changes and Extra Work,” or Section 8-1.05, “Time,” or the notice provisions in Section 4-1.06, “Differing Site Conditions,” or Section 8-1.10, “Liquidated Damages,” or Section 5-1.36C, “Non-Highway Facilities,” nor to any 118
Section SP-7 – General
50 claim which is based on differences in measurements or errors of computation as to contract quantities.

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

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

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

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

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

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

9-1.17D Final Payment and Claims -- After acceptance by the Director, the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of said amount, segregated as to contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. All prior 119
Section SP-7 – General
51 estimates and payments shall be subject to correction in the proposed final estimate. The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the contract so that the Engineer receives such written approval or statement of claims no later than close of business on the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of such written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required under the provisions in Sections 4-1.05, “Changes and Extra Work,” 8-1.05, “Time,” 8-

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

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

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

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

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

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

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Section SP-7 – General
52 Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et. seq., the undersigned, _____________________________________________________,
(Name)
____________________________________________________Of
(Title)
_____________________________________________________,
(Company)

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

Dated_______________________________________________

/s/___________________________________________________

Subscribed and sworn before me this ______ day of _________

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

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

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

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

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

Such final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 5-1.27, “Records,” and 9-1.21, “Clerical Errors Claims within the meaning of this section shall refer to all types of claims in whatever manner 121
Section SP-7 – General
53 made by the Contractor, whether written or verbal, whether formal or informal, including requests for extra compensation through Daily Extra Work Reports.

REMOVAL OF ASBESTOS, LEAD PAINT AND HAZARDOUS SUBSTANCES When the presence of asbestos, lead paint or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, Contractor will immediately notify the engineer in accordance with Section 14-11.02 “Discovery of Unanticipated Asbestos and Hazardous Substances” of the Standard Specifications.

With City’s direction and approval, Contractor will proceed to conduct tests to determine the nature of the hazardous substance. If delay of work in the area delays the current controlling operation, it will be considered Extra Work as detailed in Section 4-1.05 “Changes and Extra Work,” of the State Standard Specifications.

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

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

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

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

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

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
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54 CONTRACTOR’S LIABILITY
The City of Richmond, the City Council, the Engineer or their agents and consultants shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion and final acceptance. So much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of any suits or claims for damages aforesaid.

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

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

MEASUREMENT AND PAYMENT
The contract lump sum price paid for “Mobilization” [Bid Item 3] includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in painting, complete in place, including preparation, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.
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Section SP-16 – Preservation of Property
56 SECTION SP-16 – PRESERVATION OF PROPERTY
The Contractor’s attention is directed to Section 5-1.36 “Property and Facility Preservation” of the State Standard Specifications. Building, fences, signs, walls, headers, curbs, gutters, sidewalks, driveways, curb ramps, pavements, hardscape, irrigation systems, drains, utilities, and any other features which are not designated to be removed shall be protected in place. Any damage to these facilities shall be repaired by the Contractor entirely at his or her expense as directed by the Engineer.

Existing trees, shrubs, and other plants, that are not to be removed and are injured or damaged by reason of the Contractor’s operations, shall be replaced by the Contractor at his/ her cost. The minimum size of tree replacement shall be 24-inch box and the minimum size of shrub replacement shall be 15 gallons. Replacement ground cover plants shall be from flats and shall be planted 12 inches on center. The replacement specimen must be of the same species. All damaged vegetation is to be disposed of in a legal manner as required by these Specifications.

Underground irrigation systems, outside of the public right-of-way, which are damaged or removed during construction, shall be restored within 48 hours of the first destruction or removal in order to be functional. The Contractor shall be responsible for all damage to existing vegetation to remain due to lack of irrigation from broken irrigation lines. The landscaping and any other facilities shall be replaced in kind or as approved by the Engineer.

It shall be the contractor’s responsibility to ascertain the location of all utilities, including drains, manholes and monuments. The Contractor shall preserve all existing benchmarks, survey control points, reference points, and other permanent points within the project limits. Any of the aforementioned controls that are damaged will be replaced by the Contractor’s licensed Land Surveyor at no cost to the City.

Additionally, the Contractor shall institute measure to preserve and protect buildings, fences, signs, hardscape, and underground utilities located adjacent to the work area. All damaged items shall be replaced in kind or as approved by the Engineer.

REPLACEMENT OF DAMAGED SURFACES
All concrete curbs, gutters, driveways, sidewalks, curb ramps or other surfaced areas which are broken or damaged shall be reconstructed by and at the expense of the Contractor, of the same kind of material and of the same dimensions as the original work or as directed by the Engineer, with the minimum requirement that concrete as specified herein shall be used. Repairs shall be made by removing and replacing the entire portion between joints or scores and not by refinishing the damaged part.

APPEARANCE OF WORK
All work shall match the appearance of existing improvements to the satisfaction of the Engineer.

UTILITIES
The Contractor shall telephone Underground Service Alert (USA) at (800) 227-2600 or 811 a minimum of two working days prior to start of work so that underground facilities can be 125
Section SP-16 – Preservation of Property
57 approximately located and marked on the surface by the various utilities.

The Contractor will be allowed additional working days equal to the number of working days that the relocation of utilities delays his work. No compensation will be allowed for idle time of equipment during the utility relocation.

MATERIALS
Materials and quality of work shall conform to those specified by the City Standards, the State Standard Plans and Specifications, and these Specifications.

RESTORATION DUE TO CONTRACTOR’S MEANS AND METHODS
The Contractor shall restore existing curbs, gutters, sidewalks, and asphalt at no additional cost to the City.

01.05.2025
Robert Stevens
Registered Civil Engineer, Number 58660
CSWST2
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Technical Provisions
59 TS-1 ENGINEERING
The Contractor shall retain a Professional Electrical Engineer (Designer) in the State of California to complete the design of the broken beam retrofit. The design shall be to restore the dock as shown in Appendix E, which shall be the Alternate 1 – Retrofit concept. This option includes the following components:

1. Install support piles at no less than three (3) locations allowing for the installation of support beams to provide jacking points to lift the beam and deck to a level position.

2. Place grout to support the beam.

3. Replace timber piles with no less than (10) cast-in-place concrete piles.

The design shall include the following components:
a. Sizing piles, steel beams, jacks, and related appurtenances for raising and leveling the deck. b. Grouting design for final leveling.
c. Sizing of replacement cast in place concrete piers
d. Deck repair
To support the design phase, see Appendix F, which includes geotechnical data.

The designer shall be responsible for providing a narrative and exhibits illustrating how the project will protect contamination of the marine environment during construction.

The Designer shall provide submittals to the Engineer for review and approval. The Designer shall not advance to the next phase without approval from the Engineer. This shall include the following phases:
a. Draft Plans and Specifications.
b. Permit Plans and Specifications.
c. Final Plans and Specifications.

The Designer and Contractor shall meet with the Engineer as follows:
a. A kickoff meeting at the site to review conditions and discuss the overall objective. b. A review meeting of the draft documents.
c. A review meeting to review permit comments.

The Designer will provide Plans and related documents to the Engineer to submit for Permit from the City, Bay Conservation and Development Commission, Federal regulatory agencies, and State Regulatory Agencies. The Designer shall assume at least three re-submittals to secure the building permit.

Upon completion of installation, the Designer shall provide an as built of the installed components as well as all maintenance and operations documents.

MEASUREMENT AND PAYMENT
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Technical Provisions
60 The contract lump sum price paid for “Draft Design” and “Final Design” [Bid Items 2 and 3] includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing plans and specifications, complete in place, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.

TS-2 DISPOSAL OF MATERIALS
The Contractor is responsible for disposal of all surplus material. The Contractor shall dispose of all excess and unsuitable material in a legal manner. Hazardous substances as defined in Health & Safety Code Section 25316 and § 25317 are limited to wood.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for other elements of work and no additional compensation will be allowed therefor.

TS-3 ENVIRONMENTAL PROTECTION
The Contractor shall implement environmental protection to minimize contamination of the marine environmental consistent with standard practice and in compliance with the approved permits. At a minimum this shall include the following:

1. Debris screens, nets, and tarps to prevent material from entering the Bay.

2. Sediment fences located downhill of the area of excavation.

3. Vacuums and related devices to minimize release of water contaminated with sediment from entering the Bay.

The Contractor shall prepare a Water Pollution Control program consistent with Section 13 of the Standard Specifications for the Engineer’s review and approval.

MEASUREMENT AND PAYMENT
The contract lump sum price paid for “Environmental Protection” [Bid Item 4] includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in protecting resources, complete in place, including preparing a Water Pollution Control program, implementing, maintaining, and removing best management practices, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.

TS-4 REPAIR OF THE BROKEN BEAM
Once the Engineer obtains the permits, the Contractor shall mobilize on site and complete the work in accordance with the approved plans and specifications. All work shall be completed in accordance with industry standard practices including the following:

1. American Concrete Institute (ACI):
a. ACI 117, Specifications for Tolerances for Concrete Construction and Materials. b. ACI 347, Guide to Formwork for Concrete.
c. ACI 318, Building Code Requirements for Structural Concrete. 129
Technical Provisions
61 d. ACI 301, Specifications for Structural Concrete.
e. ACI 318, Building Code Requirements for Structural Concrete. f. ACI SP-66, ACI Detailing Manual.
g. 116R, Cement and Concrete Terminology.
h. 211.1, Standard Practice for Selecting Proportions for Normal, Heavyweight and Mass Concrete.
i. 212.3R, Chemical Admixtures for Concrete.
j. 304R, Guide for Measuring, Mixing, Transporting, and Placing Concrete. k. 304.2R, Placing Concrete by Pumping Methods.

2. ASTM International (ASTM):
a. C31, Standard Practice for Making and Curing Concrete Test Specimens in the Field.
b. C33, Standard Specification for Concrete Aggregates. c. C39, Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens.
d. C94, Standard Specification for Ready-Mixed Concrete. e. C138, Standard Method of Test for Density (Unit Weight), Yield, and Air Content (Gravimetric) of Concrete.
f. C143, Standard Test Method for Slump of Hydraulic Cement Concrete. g. C150, Standard Specification for Portland Cement.
h. C157, Standard Test Method for Length Change of Hardened Hydraulic-Cement, Mortar, and Concrete.
i. C172, Standard Practice for Sampling Freshly Mixed Concrete. j. C173, Inspection and/or Testing.

All rebar used shall be epoxy coated.

MEASUREMENT AND PAYMENT
The contract unit price paid for each “Install Support Pile and Related Appurtenances” [Bid Item 5] includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in building the infrastructure necessary to leveling the dock, complete in place, including cutting holes in the dock, providing and placing the piles, installing the cribbing and jacks, and disposing of unsuitable materials, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.

The contract lump sum price paid for “Relevel Beam and Dock” [Bid Item 6] includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in leveling the dock, complete in place, including installing grout, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.

The contract unit price paid for each “Install Concrete Pier” [Bid Item 7] includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in repairing timber piles, complete in place, disposing of unsuitable materials, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the 130
A
APPENDIX A – CITY OF RICHMOND – CONTRACT
131

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein. 132

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

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

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

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

10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________ I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:
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_____________________________

EXHIBIT B

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

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

Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________

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

Attn:

Email: ________________________________________________ 136
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_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, 137
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

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

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

8. PERMITS AND LICENSES:

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

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

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

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under 139
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this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

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

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

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for 140
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_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

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

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable 141
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

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

14. INSURANCE:

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

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

2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of 143
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, 144
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 145
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EXHIBIT E

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

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

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

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

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

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

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

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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EXHIBIT G

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:
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B
APPENDIX B – CITY OF RICHMOND – FIRST SOURCE AGREEMENT
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CITY OF RICHMOND

FIRST SOURCE AGREEMENT
(SAMPLE)

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

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

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

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

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

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

3. First Source Hiring Process for CONSTRUCTION and NON-CONSTRUCTION JOBS – Employer shall take the following steps regarding hiring in furtherance of the Contract. (a) Long-Range Planning. Employer shall, prior to hiring in furtherance of the Contract, and as soon as practicable, provide to the Designated City Staff the approximate number and type of hires that it will make for employment, and the basic qualifications necessary for each projected hire. (b) Dual Notification Process (CONSTRUCTION ONLY). Where there is a signatory agreement with the local union and the associated craft, Employer shall work with the local union and the City of Richmond Employment and Training Department (hereinafter the “ETD”) to fill those positions. The Employer shall forward to the ETD a copy of all personnel requests made to the trade unions, specifying the residency of personnel requested (this process is hereinafter referred to as the "dual notification process" and a description of it is attached hereto along with the Request for Craft form for use by the Employer). In the dual notification process, the Employer shall utilize the "name call," "rehires," "transfers," or "sponsorship" options in maximizing the participation of Richmond, California residents. (c) Notification of job opportunities. Prior to hiring in furtherance of the Contract, Employer shall notify the Designated City Staff, by email or fax, of available job openings and provide a 151
description of job responsibilities and qualifications, including expectations, salary, work schedule, duration of employment, required standard of appearance, and any special requirements, e.g., language skills, driver’s license, etc. Job qualifications shall be limited to skills directly related to performance of job duties. (d) Filling of job opportunities. Prior to announcing or advertising in any form and by any means (except for compliance with internal posting procedures) the availability of an employment position created by the vacancy of an existing position or a new employment position, the Employer shall utilize the dual notification process to notify the pertinent union, if appropriate, and ETD in writing of such position, including a general description of the position and Employer's minimum requirements for qualified applicants, and shall request any pertinent union and ETD to refer qualified applicants for such position to Employer's trade union and/or personnel representative, as appropriate. The Employer shall refrain from any general announcement or advertisement of the availability of such position for a period of ten (10) business days after notification to the ETD. This ten-day period shall be known as the "Advance Notice Period.” (e) Job Site Applications. In the event that any persons seek employment with the Employer at the job site, the Employer shall have the person complete a Job Site Application consisting of name, address, telephone number, social security number and trade. The Employer will then submit this information to the ETD.
(f) Transfer and Promotion. Nothing contained herein shall prevent the Employer from filling job vacancies or newly created positions without compliance with the foregoing procedures by transfer or promotion from its existing staff.

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

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

6. Non-compliance Procedure. In the event the City believes the Employer may not be in compliance with the requirements of this FSA, the following procedure will be followed:
(a) The Community and Economic Development Executive Director (hereinafter the “Executive Director”) or designee shall cause to be delivered to the Employer a written “Notice of Non-Compliance” (hereinafter the “Notice”). The Notice shall specify the matters which constitute the non-compliance; the specific action required to correct the noncompliance; and the time period during which such correction shall occur. In no event shall this time period be more than thirty (30) days after receipt of the Notice by the Employer. If the Notice is mailed, it will be deemed received five (5) days after the date of mailing. 152
(b) If the Employer disagrees with the Notice, they shall have the burden of proving compliance with the provisions of the Ordinance and shall submit any evidence and argument to the Executive Director or designee to establish compliance no more than thirty (30) days after receipt of the Notice by the Employer. (c) In the event the Executive Director or designee subsequently agrees that compliance has occurred, the Executive Director or designee shall cause to be delivered promptly to the Employer a written “Notice of Correction of Non-Compliance,” specifying the original noncompliance which has been corrected. (d) In the event the Executive Director or designee does not agree that compliance has occurred, the Executive Director or designee shall promptly notify the Employer by a written “Notice of Failure to Correct Non-Compliance” (“hereinafter the “Notice of Failure to Correct”), describing the facts constituting the non-compliance.
(e) After the issuance of the Notice of Failure to Correct, the Employer shall have the right to request a hearing before the City Manager or designee (hereinafter “Request for Hearing”), who shall make the final determination. The Request for a Hearing must be made within ten (10) working days after receipt of the Notice of Failure to Correct. If the Notice of Failure to Correct is mailed, it will be deemed received five (5) days after the date of mailing. The hearing shall be held no sooner than twenty (20) and no later than thirty (30) days after receipt by the City of the Request for Hearing, unless otherwise agreed to by the parties. At the hearing, the Employer will be allowed to present any evidence and argument it believes proves compliance. The City Manager or designee shall issue their final determination no later than ten (10) business days after the hearing. The Employer must exhaust this administrative remedy prior to commencing legal action.
(f) In the event no Request for Hearing is timely made, the determination of failure to correct non-compliance shall be deemed to be final.
(g) Should the Employer fail to comply with the Notice of Non-Compliance as specified above, and a final determination of non-compliance is made, the City may exercise any of its powers as specified in §2.56.080 of the Ordinance.

Executed this _________ day of ________________________________, 20_______.

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

CONSTRUCTION PROJECTS
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. 156
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

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

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
157
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
158
D

APPENDIX D - COMMUNITY WORKFORCE PROJECT STABILIZATION AGREEMENT 159
160
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Project Stabilization Agreement
18 for the City of Richmond

UNION SIGNATURES
___________________________________
Asbestos Workers Local #16
___________________________________
Teamsters Local #315
___________________________________
Boilermakers Local #549
___________________________________
Roofers and Waterproofers Local #81
___________________________________
Bricklayers Local #3
___________________________________
Iron Workers Local #378
___________________________________
Northern California Regional Council of
Carpenters, for itself and its affiliated Local
Unions
___________________________________
Northern California District Council of
Laborers, for itself and its affiliated Local
Unions
___________________________________
Sheet Metal Workers Local #104
___________________________________
Cement Masons Local #300
___________________________________
Operating Engineers Local #3
___________________________________
International Brotherhood of Electrical
Workers Local #302
___________________________________
District Council #16, Painters and Allied
Trades, for itself and its affiliated Local Unions
___________________________________
Plasterers Local #66
___________________________________
Sprinklerfitters Local #483
___________________________________
United Association Local #159
___________________________________
United Association Local #342
___________________________________
United Association Local #355
___________________________________
Elevator Constructors Local #8
180

UNION SIGNATURES
Asbestos Workers Local # 1 6 Teamsters Local #315
Boilermakers Local #549 Roofers and Waterproofers Local #81 Bricklayers Local #3 Iron Workers Local #378
Northern California Regional Council of Northern California District Council of Carpenters, for itself and its affiliated Local Laborers, for itself and its affiliated Local Unions Unions
Sheet Metal Workers Local #104 Cement Masons Local #300 aAfiflz? tAOl
Operating Engineers Local #3 International Brotherhood of Electrical Workers Local #302
District Council #16, Painters and Allied Plasterers Local #66 Trades, for itself and its affiliated Local Unions
Sprinklerfitters Local #483 United Association Local #159 United Association Local #342 United Association Local #355 Elevator Constructors Local #8
Project Stabilization Agreement
18 for the City of Richmond
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E
APPENDIX E – PROJECT SCOPE
Location of repair at Point Potrero Marine Terminal shown above. 194

SL EGS EGS
Project No: 1 - Broken Beam Retrofit at
Berths 6 & 7 - Alternate 1 & 2 Photo 1 Photo 2
3 x pile dia HSS12 x 0.625, L=80 ft
Jacking beam,
W10x57, each
side pile
Gap enough to fit a
jack, 25 T minimum.

Hydraulically
equalized jacks
Cut hole in the wharf
deck for pile driving.

Repair holes after
Broken
concrete beam
Scope of Work:

Alternate 1 - Retrofit Concept

1. Cut holes at wharf deck for pile installation.

2. Install pile each side of the broken beams (3 locations as shown on Photo 1)

3. Install beam support plates.

4. Install jacking/support beams

5. Jack the beam and slab to level position using shim plates.

6. Remove jacks

7. Add non-shrink grout for permanent beam support.

8. Install concrete pier at missing and damage timber piles, See reference drawings 3/S3.6 (Sht. 5) for details. Assume 10 locations.

9. Repair deck reinforcing at holes and install grout or concrete.

Alternate 2: Demo and Rebuild Inner Wharf

1. Demo the section of the slab that effected by the broken beam.

2. Construct a new wharf deck, assume 9000 SF of concrete pile supported wharf deck. A -
A Section -
Replace damaged timber piles
with concrete pier as shown in the
reference drawing 3/S3.6
Shim during
relevelling, then fill
with grout
Support
PL1 1/2x12x18
Install piles and header beams for
jacking, re-leveling and beam
support. See Photo 2 and
Section. Job No.
2525 Port of Richmond - Project 1, Cost Estimates Date
04/29/25 Sht
1 of
5 Remove and replace
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Page 170 of 518 ends

Richmond City CouncilApril 7, 2026

Richmond City Council
April 7, 2026