Cities Index.
Attachment 1 - Request for Bids.pdf

Richmond City Council
April 7, 2026

Document
Attachment 1 - Request for Bids.pdf
Meeting
April 7, 2026
Body
Richmond City Council
Pages
518
Original file
52.0 MB
Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

City of Richmond

Terminal 7 Dock Repair

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CITY OF RICHMOND

PORT DEPARTMENT
______________________________________________________________________________

NOTICE TO CONTRACTORS

BID PROPOSAL
AND

SPECIAL AND TECHNICAL PROVISIONS
FOR

TERMINAL 7 DOCK REPAIR

January 2026

City of Richmond

Terminal 7 Dock Repair

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City of Richmond

Terminal 7 Dock Repair

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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

City of Richmond

Terminal 7 Dock Repair

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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 City of Richmond

Terminal 7 Dock Repair

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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 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
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.

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 C ounty 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 re ason 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.

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
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.

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 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.

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.

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.

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 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 endorsem ents 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.

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.

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) 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 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.

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.

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
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 an d the Contract annexed hereto and als o in accordance with the State Standard Specifications dated 20 24, and the current "Equipment Rental Rates and t he 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
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

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.

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.

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 co- partners 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
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.

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

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

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 u pon, 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.

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

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

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

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

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

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 sai d 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 s um 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 obligati on, 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.

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

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, w hich 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 performanc e 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, cost s 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.

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

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

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.

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.

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.

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

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.

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,

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.

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 involved and no additional compensation will be allowed therefor.

Section SP-5 – Public Notices
45 SECTION SP-5 - PUBLIC NOTICES

The Contractor shall assign a Project Superintendent who has the complete authority to make decisions on behalf of the Contractor. The Project Superintendent shall be on the job at all times during the construction and shall be available and on call 24 hours a day for the duration of the project. The Contractor shall coordinate access to the site with the Port and Auto Warehousing Corporation as noted in the Plans.

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.

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.

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.

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

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

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

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:

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

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.

Section SP-7 – General
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.

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.

Section SP-10 – Mobilization
55 SECTION SP-10 – MOBLIZATION

Mobilization shall conform to the provisions in Section 9-1.16D, "Mobilization," of the State Standard Specifications and these Special Provisions.

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.

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 wit hin 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

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.

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.

Technical Provisions
58 TECHNICAL PROVISIONS

These technical provisions were prepared by:

01.05.2025

Robert Stevens
Registered Civil Engineer, Number 58660
CSWST2

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

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.

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

A

APPENDIX A – CITY OF RICHMOND – CONTRACT

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.

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

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]:

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

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.

b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

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

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

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

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

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

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.

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: ________________________________________________ Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.

f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”

g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:

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

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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.

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

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 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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, Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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.

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

EXHIBIT E

SPECIAL CONDITIONS

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

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

EXHIBIT F

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

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

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

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

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

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

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

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

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

B

APPENDIX B – CITY OF RICHMOND – FIRST SOURCE AGREEMENT

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. T he 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 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 ne w 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. Qu arterly 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. Rep orts may include a description of any difficulties the Employer is having with obtaining qualified referrals through the Designated City Staff.

6. Non-compliance Procedure. In the event the City believes the Employer may not be in compliance with the requirements of this FSA, the following procedure will be followed:
(a) The Community and Economic Development Executive Director (hereinafter the “Executive Director”) or designee shall cause to be delivered to the Employer a written “Notice of Non -Compliance” (hereinafter the “Notice”). The Notice shall specify the matters which constitute the non -compliance; the specific action required to correct the non - compliance; and the time period during which such correction shall occur. In no event shall this time period be more than thirty (30) days after receipt of the Notice by the Employer. If the Notice is mailed, it will be deemed received five (5) days after the date of mailing. (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

C

APPENDIX C – CITY OF RICHMOND – INSURANCE REQUIREMNTS –

CONSTRUCTION PROJECTS

___ 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 Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. 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.

___ 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 R EQUIRED 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. ___ 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 non- renewed, 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.
___ 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.

D

APPENDIX D - COMMUNITY WORKFORCE PROJECT STABILIZATION AGREEMENT

Project Stabilization Agreement
for the City of Richmond18

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

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

E

APPENDIX E – PROJECT SCOPE

Location of repair at Point Potrero Marine Terminal shown above.

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.
2525 Port of Richmond - Project 1, Cost Estimates
04/29/25
5 Job No.

Date
Sht
of
1 Remove and replace
Copyright © 2025 by Liftech Consultants Inc.

Chkd Approved L I F T E C H C O N S U L T A N T S I N C . By A California Corporation All rights reserved

Page 170 of 518 ends

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EGS
Project No: 1 - Budgetary Cost Estimates
2525 Port of Richmond - Project 1, Cost Estimates
04/29/25
5 Job No.

Date
Sht
of
2 Copyright © 2025 by Liftech Consultants Inc.

Chkd Approved L I F T E C H C O N S U L T A N T S I N C . By A California Corporation All rights reserved

Page 171 of 518 ends

Project No. 1: Broken Beam Retrofit in Berths 6 & 7 - Alternate 1, Version 1 Richmond, California
ROM Budget for Project 1, Broken Beam Retrofit in Berth 6 & 7 - Version 1 Date: May 13, 2025
Description Quantity Units $/Unit Total Comments Working Days Base Scope
1 Mobilize/Demobilize 1 L S $ 135,239 $ 135,239 7 2 Cut Holes in Deck 6 EA $ 2,017 $ 12,102 1 3 Furnish & Install Steel Pipe Piles and Support Ste el Beam Brackets 6 EA $ 45,063 $ 270,378 10 4 Furnish & Install Steel Beams and Slab Jacking 6 EA $ 54,142 $ 324,852 18 5 F&I Fiberglass Jacket (with Rebar) to Encase Exist ing Timber Pile - assume 10' Jacket + 2' of Embedment 6 EA $ 24,893 $ 149,358 8 6 Infill Pile Driving Access Holes 6 EA $ 2,454 $ 14,724 1 Total Base Scope: $ 906,653 45
Bid Alternates
AA1 Demolish Existing Deck & Piles 9,000 SF $ 60 $ 540,000 12 AA2 Construct New Pipe Supported Concrete Wharf Deck 9,000 SF $ 500 $ 4,500,000 30 Total Bid Alternates: $ 5,040,000 42
Project Assumptions Proposal Exclusions
1 A working day is defined as an 8-hour weekday between the hours of 6 AM - 5 PM. 1 2 The working days do not include fabrication times for materials. 2 Builders Risk Insurance (can be provided on a per-project basis) 3 Only one mobilization is assumed, with continuous work until project completion. 3 Permits and Permit Fees 4 All pricing is in current dollars. 4 Engineering or Design 5 No contingency is included in this budget. 5 Utility Relocation unless Listed Above 6 Site Survey, Lines, Grade
Schedule Milestones 7 Hazardous Materials Handling/Abatement/Removal 1 We estimate the on-site construction for the base scope will take approximately 10 weeks for a single crew. 8 Special Inspection or Testing Fees 9 Vibration or Damage Monitoring
Design Assumption 10
1 Per Liftech Sketches, May 2025 11 Temporary Power & Lighting Install and Supply 12 Industrial Hygienist or Inspection Services
Subcontractors 13
1 None assumed.

Any Repairs to the Existing Structures, Interior or Exterior, either prior to, during, or after Construction Payment and Performance Bonds (available at 1.5% of final contract amount) Silt Curtain, Bubble Curtain, or other regulatory requirements not normally encountered.

Project No: 1 - Construction Cost
Estimates and Duration prepared by
Power Engineering Company
2525 Port of Richmond - Project 1, Cost Estimates
04/29/25
5 Job No.

Date
Sht
of
3

Page 172 of 518 ends

SL
EGS
EGS
Alternate 2 - Demo and Reconstruct
wharf Deck at Berth 6
Reconstruct inner wharf with
concrete pile supported wharf deck
BERTHS 7 AND 8 WHARF CROSS SECTIONS FOR REFERENCE
2525 Port of Richmond - Project 1, Cost Estimates
04/29/25
5 Job No.

Date
Sht
of
4 Copyright © 2025 by Liftech Consultants Inc.

Chkd Approved L I F T E C H C O N S U L T A N T S I N C . By A California Corporation All rights reserved

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REFERENCE DRAWING
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F

APPENDIX F – GEOTECHNICAL REPORT

Copyright © 202 5 by ENGEO Incorporated. This document
may not be reproduced in whole or in part by any means
whatsoever, nor may it be quoted or excerpted without the express written consent of ENGEO Incorporated.

.

PORT OF RICHMOND POINT POTRERO MARINE TERMINAL

RICHMOND, CALIFORNIA

GEOTECHNICAL CHARACTERIZATION REPORT

SUBMITTED TO
Mr. Matt Trowbridge PE, SE
Moffatt & Nichol
1300 Clay Street, Suite 350
Oakland, CA 94612

PREPARED BY
ENGEO Incorporated

July 17, 2025
Revised July 25, 2025

PROJECT NO.
26829.000.001

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GEOTECHNICAL

ENVIRONMENTAL

WATER RESOURCES

CONSTRUCTION SERVICES

COASTAL/MARINE GEOTECHNICS

1630 San Pablo Avenue, Suite 200  Oakland, CA 94612  (510) 451-1255  [email protected] www.engeo.com

Project No.
26829.000.001

July 17, 2025
Revised July 25, 2025

Mr. Matt Trowbridge PE, SE
Project Manager/Vice President
Moffatt & Nichol
1300 Clay Street, Suite 350
Oakland, CA 94612

Subject: Port of Richmond Point Potrero Marine Terminal 1322 Canal Blvd
Richmond, California

GEOTECHNICAL CHARACTERIZATION REPORT

Dear Mr. Trowbridge:

We prepared this geotechnical characterization report for the Point Potrero Marine Terminal at the Port of Richmond as outlined in our agreement dated February 14, 2025. The purpose of this report is to provide a summary of the geotechnical conditions at the terminal property based on historical explorations and review of other historical data.

If you have any questions or comments regarding this report, please call and we will be glad to discuss them with you.

Sincerely,

ENGEO Incorporated

Jeff Fippin, GE Robert H. Boeche, CEG

jaf/rhb/jf

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TABLE OF CONTENTS

LETTER OF TRANSMITTAL

1.0 INTRODUCTION .................................................................................................. 1

1.1 PURPOSE AND SCOPE .................................................................................................... 1

1.2 PROJECT LOCATION ........................................................................................................ 2

2.0 FINDINGS ............................................................................................................ 2

2.1 SITE HISTORY ................................................................................................................... 2

2.2 SURFACE CONDITIONS ................................................................................................... 5

2.3 GEOLOGY AND SEISMICITY ............................................................................................ 5

2.3.1 Regional Geology .................................................................................................. 5

2.3.2 Site Geology ........................................................................................................... 6

2.3.3 Seismicity ............................................................................................................... 6

2.4 SUBSURFACE CONDITIONS ............................................................................................ 7

2.4.1 Operable Unit No. 1 ............................................................................................... 7

2.4.2 Graving Basins ....................................................................................................... 7

2.4.3 Berths 5 and 6 ........................................................................................................ 7

2.4.4 Berths 7 and 8 ........................................................................................................ 8

2.4.5 Rail Extension Area ............................................................................................... 8

2.4.6 Finger Piers ............................................................................................................ 8

2.5 GROUNDWATER CONDITIONS ....................................................................................... 9

2.6 UNDERDECK SLOPE STABILITY ..................................................................................... 9

3.0 PILES ................................................................................................................... 9

4.0 BEARING CAPACITY – GRAVING BASINS..................................................... 10

5.0 LIMITATIONS AND UNIFORMITY OF CONDITIONS ....................................... 10

FIGURES
APPENDIX A – Historical Boring Logs and CPTs
APPENDIX B – Historical Laboratory Test Data

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1.0 INTRODUCTION

1.1 PURPOSE AND SCOPE

We prepared this geotechnical characterization report for the Port of Richmond Point Potrero Marine Terminal in Richmond, California. As outlined in our agreement dated February 14, 2025, Moffatt & Nichol (M&N) authorized ENGEO to conduct the following scope of services.

• Review historical geotechnical explorations
• Review historical aerial photographs and maps
• Perform a site visit
• Perform limited analyses
• Prepare this report

For our use, we received the following geotechnical documents via email.

1. Fugro West , Inc. 2002. Conceptual Level Geotechnical Investigation, Aggregate Storage Facility, Port of Richmond, Richmond, California. November 19, 2002. Project No. 1484.002.

2. Fugro West, Inc. 2003 a. Geotechnical Study, Operable Unit No. 1 Surface Improvements, Port of Richmond, Richmond, California. February 21, 2003. Report No. 1111.002.

3. Fugro West, Inc. 2003b. Geotechnical Investigation, Hanson Aggregates, Port of Richmond, Richmond, California. March 21, 2003. Project Number 1484.004.

4. Cornerstone Earth Group. 2008. Memorandum, Preliminary Long -Term Settlement, Honda Rail Expansion – Port of Richmond. September 16, 2008. Project No. 281-1-1.

5. Cornerstone Earth Group. 2009a. Memorandum, Honda Rail Expansion – Port of Richmond.

January 23, 2009. Project No. 281-1-3.

6. Cornerstone Earth Group . 2009b (Draft). Geotechnical Investigation, Honda Port of Entry, Canal Boulevard, Richmond, California. September 9, 2009. Project Number 281-1-3.

7. Fugro West, Inc. 2010. Geotechnical Recommendations for Proposed Point Potrero Wharf Repair Project, Honda Automotive Facility, Port of Richmond, California . January 27, 2010.

Project No. 1413.005.

8. Cornerstone Earth Group. 2010. Geotechnical Consultation, Parcel 7 Parking Lot Pavement Study, Canal Boulevard – Port of Richmond, Richmond, California. August 6, 2010. Project No. 281-1-7.

We also received the following plans for various projects via email.

1. Guy F. Atkinson Company. WISCO – Richmond. September 29, 1969.

2. Kaiser Company, Inc. Basins. May 23, 1942.

3. Kaiser Company, Inc. Various plans for Fitting Out Dock at Richmond Yard No. 3 . Various dates 1942 to 1944.

4. L.H. Nishkian Consulting Engineer. Deepening of Existing Ship Basins, Kaiser Co. Inc. Yard No. 3, Richmond, California. June 20, 1945.

5. Liftech Consultants Inc. Point Potrero Wharf Repair for Honda Automotive Facility, Port of Richmond, Issued for Construction. Project No. Z1800. January 25, 2010.

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6. Liftech Consultants Inc. Point Potrero Pile Replacement for Honda Automotive Facility, Port of Richmond. Project No. Z1800. February 8, 2012.

This report was prepared for the exclusive use of our client , the Port of Richmond, and their consultants for the purpose of documenting the known geotechnical conditions at the Potrero Point Marine Terminal site. We also provide estimates of foundation capacity for the purpose of evaluating the existing conditions and planning upgrades. In the event a retrofit is pursued, a report should be prepared specifically for the retrofit concept and the locations of any retrofit foundations. This document may not be reproduced in whole or in part by any means whatsoever, nor may it be quoted or excerpted without our express written consent.

1.2 PROJECT LOCATION

Figure 1 displays a Site Vicinity Map. The Point Potrero Marine Terminal site (Site) is located southwest of the Richmond Harbor Channel and includes Berths 5 and 6, and 7 and 8 along the southeastern and eastern edges of the shoreline, respectively. To the west of Berth 5, there are former graving basins. Along the eastern shoreline, there are two finger piers. Canal Boulevard forms most of the western and northern boundary of the Site (except for the previously mentioned finger piers). A rail spur enters the Site from the north. Figure 2 shows the site boundaries.

2.0 FINDINGS

2.1 SITE HISTORY

Portions of the Site are beyond the historical shoreline mapped in 1874; The blue dashed line on Figure 2 shows the approximate location of the historical shoreline. The area inland of the historical shoreline was a ridge that sloped into the San Francisco Bay. Portions of the site on the waterside of the historical shoreline are former shallow water areas and marshlands. An aerial photograph from 1939 (Exhibit 2.1-1) shows that portions of the current land have been filled. We understand that the Kaiser Shipbuilding Company developed the site in 1942 to create a private shipyard. By the time of a 1946 photograph, all the land comprising the Site had been reclaimed, and much of the Site had been developed for shipbuilding. Based on historical records, the Site was in use to construct Liberty Ships for World War II. The 1946 aerial photograph shows the site occupied with buildings, a marginal wharf along the southeast and eastern shore, five graving basins along the southern shore, and two finger piers along the western shore. We understand that the shipyard was closed after World War II, and an aerial photograph from 1958 shows the site with no shipbuilding activity evident. A 1965 aerial photograph shows the site in use as ship storage with what appears to be stockpiled material in various places. One of the reports we reviewed indicated that the site was used for ship dismantling, and much of the site was used as a scrap yard up until the 1980s.

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EXHIBIT 2.1-1 Aerial Photograph with Site Boundary in Black (1939)

The Port of Richmond redeveloped approximately 52 acres of the Site, creating the paved parking lot on the western side. This work included placing over 375,000 cubic yards of dredged material and then removing and recompacting that material. The purpose of this fill was to cap contaminated fill that was left in place. Other improvements at the time included repairs to the Berths 7 and 8 wharf to allow importing of Kia and Hyundai and storage on the Site before loading onto trucks for delivery to a BNSF terminal located north of Cutting Boulevard. In 2009 and 2010, additional improvements were performed , including extending BNSF tracks into the northern portion of the site for transfer of vehicles to rail, additional structural repairs to the wharf, access road improvements, new lighting, extension of the Bay Trail, and new entrance gate and employee parking. These improvements were called the Honda Port of Entry Project and facilitated importing Honda automobiles to the Site. In 2011, Subaru began using the terminal for importing vehicles.

The site currently retains buildings constructed during the shipbuilding days , including the four-story concrete General Warehouse and the single -story building that formerly occupied the Sheet Metal Shop, Riggers Loft, and Paint Shop. A historical Whirley Crane (formerly operated at the Port of Richmond’s Shipyard No. 1) was relocated to the Site in 2005. The Red Oak Victory, a liberty ship constructed at the former shipyard and launched in 1944, was reclaimed from the Naval Reserve Fleet in Suisun Bay in 1998 and moved to the Site; it is moored in Graving Basin 5.

Exhibit 2.1-2 shows a cross-section of the marginal wharf along the Berths 7 and 8 segment from the 1942 plans by Kaiser Company, Inc. Other plans indicate that the structure comprised from left to right in Exhibit 2.1 -1, a 68¾ -foot-wide cast-in-place concrete deck supported on timber plumb piles, a concrete sheet pile wall, and a 46½ -foot-wide cast -in-place concrete deck supported on pre-cast-concrete plumb piles. The plans show the pre-cast piles as 18-inch square sections with chamfered corners. A plan sheet from 1942 indicates sand fill was placed below the water surface in front of the sheet pile wall between pile lines 40 and 50.

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EXHIBIT 2.1-2: Section of Berths 7/8 Area (Kaiser Company, Inc., 1942)

According to a report titled “Berths 6C, 6D, and 7 of the Point Potrero Marine Terminal Condition Survey,” by Vickerman/ Zachary/Miller, Inc., dated July 2, 1990, the area between the shoreline below the wharf and the sheet piles was originally planned to be backfilled. Due to low blow counts during driving the sheets and concerns about their ability to laterally support the soil backfill, only the northernmost 320 feet of Berth 8 was constructed with backfill behind the sheets. In this area, the report indicates the portion of the structure west of the sheets is not supported on piles , and the concrete deck sits on the backfill.

The plans (Sheet 220-0-12) indicate that the “South End” of the structure, which is the current day Berth 5 and 6 area, is a cast-in-place concrete deck that is approximately 60 feet wide. The South End was supported by concrete columns cast inside of a 36 -inch-diameter steel shell that penetrated 6 feet minimum into “solid rock.”

The plans include various repairs performed, including the replacement of select piles in support of the Honda Port of Entry Project. One of the plan sets shows placement of steel wedges at the tops of piles and support of those wedges with 6 -inch-wide-by-8-inch-thick-by-4-foot-long pads bolted on opposite sides of piles for a retrofit. The plans indicate this retrofit was performed to address subsiding piles, though the locations of the repairs

The graving basins are located immediately west of the end of Berth 5. They are numbered 1 through 5 from west to east. The various plans for the graving basins indicate they are precast concrete structures. The basins are formed by concrete walls on the north ern, west ern, and eastern sides of each. Between each basin is a 34-foot-wide concrete structure formerly used to support crane rail s. The columns supporting the structure and the walls sit on footings. The various plans indicate the footings sit on ex cavated bedrock or lean cement fill placed on top of the bedrock where the bedrock dips below the foundation depth. The basins have a concrete slab-on-grade floor. A 1943 plan sheet by the Kaiser Company, Inc. indicates that the original construction of the basins included a floor at Elevation -18 feet (Datum: Elevation 0 feet = Mean Lower Low Water). Basins 2 and 3 were deepened and the new floor slab was set at Elevation -30 feet. Each Basin is 100 feet wide with the deepened portion of Basins 2 and 3 being 88 feet wide.

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2.2 SURFACE CONDITIONS

We performed several site visits at various times during 2025. In two of those visits, we performed underdeck observations. On March 18, 2025, we participated in a structural inspection below Berths 5 and 6 from a boat. On March 19, 2025, we participated in a structural inspection below Berths 7 and 8 from land. The purpose of both our observations was to check for geotechnical conditions and any soil-related distress to the structures.

During our site visits, we observed areas of the ground surface where the ground surface had settled either at the interface of the land and the marginal wharf (Berths 5, 7, and 8) or where the deck of the wharf settled (Berth 6). There are two prominent locations where we observed ground settlement and deck settlement in the areas of Berths 5 and 6 . Exhibit 2.2-1 shows an aerial photograph with these areas approximately outlined.

EXHIBIT 2.2-1: Aerial Photograph with Prominent Areas of Surface Distress

2.3 GEOLOGY AND SEISMICITY

2.3.1 Regional Geology

The site is located within the Coast Ranges geomorphic province of California. The Coast Ranges province is typified by a system of northwest -trending, fault -bounded mountain ranges and intervening alluvial valleys. More specifically, the site is located at the southern end of a northwest-oriented, resistant ridge located adjacent to the San Francisco Bay.

Bedrock in the Coast Ranges comprises igneous, metamorphic, and sedimentary rocks that range in age from Jurassic to Pleistocene. The present physiography and geology of the Coast Ranges are the result of deformation and deposition along the tectonic boundary between the North American plate and the Pacific plate. Plate boundary fault movements are largely concentrated along the well -known fault zones, which in the area include the San Andreas, Calaveras , and Hayward faults, as well as other lesser-order faults.

Area of Settling Ground
at Land/Structure
Interface
Approximate Area of
Deck Settlement

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2.3.2 Site Geology

According to published maps covering the site by Dibblee (1980) and Graymer (2000), the Site is capped by artificial fill. The adjacent hillside northwest of the Site is mapped by Graymer as primarily underlain by Late Cretaceous metasandstone associated with the Franciscan complex (Figure 3). Graymer describes the sandstone as a distinctly bedded to massive, fine - to coarse-grained, mica bearing, lithic wacke. Based on the development of the site described in Section 2.1, we anticipate that the shallowest bedrock at the site is the metasandstone of the adjacent hillside. Based on the historical lands reclamation, in the portions of the site on the waterside of the historical shoreline, the fill is likely underlain by Holocene Bay Deposits over the bedrock.

2.3.3 Seismicity

The site is located in a seismically active area that contains numerous faults. Small earthquakes occur every year in the San Francisco Bay Area and larger earthquakes have been recorded and can be expected to occur in the future. Faults have been cataloged and mapped by the United States Geological Survey (USGS) in the Quaternary Fault and Fold Database of the United States. An active fault is defined by the California Geologic Survey as one that experienced surface displacement within Holocene time (about the last 11,700 years) (CGS, 2018). Figure 4 shows the approximate locations of known active faults along with other Quaternary faults based on the USGS Quaternary Fault and Fold Database as well as significant historical earthquakes recorded within the San Francisco Bay Area.

To identify nearby faults that are capable of generating strong seismic ground shaking at the site, we utilized the USGS Earthquake Hazard Toolbox and the 2023 National Seismic Hazard Model (NSHM) to perform a disaggregation of the seismic hazard at the peak ground acceleration (PGA) for a return period of 2,475 years. The resulting faults are listed in Table 2.3.3-1.

TABLE 2.3.3-1: Faults Considered Capable of Producing Strong Ground Shaking at the Site*

SOURCE NAME

RUPTURE DISTANCE, RRUP MOMENT MAGNITUDE,
MW (km) (mi)
Hayward (north) (4) 7.7 6.3 7.2
Hayward (north) (3) 7.7 14.6 6.8
Hayward (north) (5) 8.7 5.9 6.5
Hayward (north) (2) 9.5 4.8 6.9
Hayward (north) (1) 13.1 16.3 6.9
San Andreas (Peninsula) (14) 23.6 4.8 7.9
San Gregorio (north) (2) 26.2 5.4 7.9
*Based on USGS Earthquake Hazard Toolbox: NSHM Conterminous U.S. 2023

These results represent known fault sources contributing at least 1 percent to the seismic hazard at the site considering the peak ground acceleration ( PGA). The rupture distances (R RUP) and mean moment magnitudes (M W) listed are based on values assigned according to the 2023 NSHM, and t he numbers in parentheses after the fault names correspond to fault subsections assigned by the NSHM. The above fault table is not an exhaustive list and other faults in the region may generate seismic shaking at the project site.

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2.4 SUBSURFACE CONDITIONS

The site has been explored several times by various geotechnical engineers for different purposes/projects. The eight reports listed in Section 1.1 include logs of explorations comprising both borings and cone penetration tests (CPTs). The historical explorations we identified in our file review are shown in Figure 2. We broke the site into subareas based on existing geotechnical data and subsurface conditions.

2.4.1 Operable Unit No. 1

The area of the Site referred to as Operable Unit No. 1 (OU-1) is approximately shown in Figure 2.

The majority of OU-1 is currently used as parking and is bounded on the north, west , and south by Canal Boulevard. The report by Fugro West, Inc. (Fugro, 2003b) in this area includes borings by Peter Kaldveer and Associates, Inc. (PKA) from 1987, before the dredged fill discussed in Section 2.1 was placed in this area . This report also includes the locations of borings by Hart Crowser and Subsurface Consultants that we have not located at this time. The borings by PKA generally encountered fill. The majority of the borings are shallower than 5 feet. Most of the borings terminated in the fill at shallow depths, and several encountered bedrock or refusal conditions at the bottom of the boring. The fill described in the boring logs generally comprises a heterogeneous mix of loose to very dense sand and gravel. The fill is also described to contain debris such as metal, concrete, and wood. A limited number of deeper borings, such as PB -77 and PB-78 encountered layers of Bay sediments and alluvium below the fill. The ground surface elevation reported by PKA on the boring logs ranges from Elevation 11 feet to 19 feet. Fugro describes the fill as ranging from 1 to 10 feet in thickness. Generally, based on site development history, the fill was approximately 1 to 4 feet thick in the eastern portions of OU -1 over shallow bedrock with the depth to bedrock increasing to the south and west.

Subsequent to the time the PKA borings were drilled, perimeter containment berms were constructed, and several episodes of placement of dredged material occurred. The dredged material is described by Fugro as mostly clayey.” At the time of the Fugro 2003b report, the ground surface in OU-1 ranged from Elevation 16 feet to Elevation 27 feet. The Fugro report recommends removal of the dredged material and recompacting it as engineered fill at a minimum relative density of 92 percent of ASTM D1557. The origina l “bottoms” fill was not to be removed due to contamination issues.

2.4.2 Graving Basins

Portions of the graving basins are excavated into the formerly shallow bedrock (on the east) while portions are located in areas of dipping bedrock (on the west). The as -built plans indicate that where the bedrock surface was deeper than the base of the ex cavation for basin construction, the soil above the bedrock was removed and the area between the excavated bedrock and the graving basin foundation was backfilled with lean concrete fill with a minimum 28-day compressive strength of 300 pounds per square inch (Sheet 200-4-2, Kaiser Company, Inc., undated).

2.4.3 Berths 5 and 6

The former ridgeline that was excavated to create the Site ends north of the Berths 5/6 area. We did not find boring logs in this area during our data review. Based on our underdeck observations in this area, the embankment slope under the deck generally comprises exposed bedrock.

Sheet 220-0-12 (Kaiser Company, Inc. 1943), indicates that at the western end of Berth 5 , the bedrock is approximately 45 feet below the top of pile based on the indicated length of cylinder

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and minimum 6-foot embedment into rock. Near the middle of Berth 5, the same sheet indicates that the bedrock sits at the mudline based on contours of mudline and bedrock depth. The mudline then dips rapidly at the eastern end of Berth 6 near the transition to Berth 7.

Our local experience indicates that the majority of the soil between the mudline and bedrock is likely Young Bay Mud and other Bay deposits.

2.4.4 Berths 7 and 8

We were provided with undated and untitled plan and profile cross-section based on borings by Harding-Lawson & Associates (HLA, 1975) and Dames & Moore (D&M, 1942). A similar figure is described by Fugro (2010) , and this plan and profile is likely an attachment to the Fugro memorandum. We do not have logs of these borings with the exception of HLA’s Boring 4, but we geolocated them in Figure 2 based on the locations shown on this plan and profile. The profiles, which appear to be based on MLLW datum, indicate that the Berth 7 area is underlain by Young Bay Mud (generally 20 to 30 feet in thickness) over a thin layer of sandy clay (depicted as approximately 5 feet in thickness) over shale bedrock. The profile shows the Berth 8 area with an increasing thickness of Young Bay Mud (up to 40 feet thick) at the northern end, as well as a layer of Old Bay Clay below the sandy clay that is also up to 40 feet thick at the northern end. The profile terminates approximately 300 feet south of the end of the wharf at the l ocation where fill was placed behind the sheet pile wall.

2.4.5 Rail Extension Area

Cornerstone Earth Group (Cornerstone, 2009a) drilled five borings in the northeastern portion of the site in support of expansion of the BNSF rail spur to create an approximately 6,600-foot-long extension of the BNSF rail by adding new loading tracks and vehicle loading pads. The boring logs indicate between 2 and 10 feet of loose to dense gravel and clay fill over up to 40 feet of Young Bay Mud over alluvium. Cornerstone encountered shallow bedrock in the western side of the area.

Fugro (2002, 2003b) drilled several borings and performed several CPTs in the southern portion of this area in 2002 and 2003 in support of an aggregate storage facility that was not constructed.

Their explorations encountered medium dense to dense gravel fill. In the western portions of their study area, the fill was 2 to 4 feet in thickness and directly over bedrock. In the eastern portions of their study area, they encountered fill over Young Bay Mud over Old Bay Clay and alluvium over bedrock. In the easternmost portion of their study area, Fugro drilled a 100-foot-deep boring that did not encounter bedrock.

2.4.6 Finger Piers

The facility includes two finger piers that are constructed along the western shoreline. The piers are cast-in-place concrete decks, approximately 540 feet long and approximately 50 feet wide and supported on precast concrete plumb piles. At the time of this report , we do not have pile records of borings in this area. Based on proximity to the OU -1 area, it is likely that this area is underlain by Young Bay Mud over bedrock. Plate 4 of the California Division of Mines and Geology’s Special Report 97, “Geolo gic and Engineering Aspects of San Francisco Bay Fill,” indicated Young Bay Mud in this area is likely on the order of 20 feet in thickness.

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2.5 GROUNDWATER CONDITIONS

Bedrock was not logged on all of the borings; however, where encountered at the time of drilling, it was generally encountered at approximately Elevation 5 to 7 feet (MLLW datum). Due to proximity to the San Francisco Bay, it is reasonable to assume that the groundwater is tidally influenced and fluctuates with tide.

2.6 UNDERDECK SLOPE STABILITY

As discussed in our letter titled “Port of Richmond, Point Potrero Marine Terminal, Richmond, California, Underdeck Geotechnical Inspection,” dated April 28, 2025, we performed a site walk and visual observation of the area under the Berth 7 and 8 deck west of the sheet pile wall on March 19, 2025. We also observed the conditions under the deck of Berths 5 and 6 areas from a boat on March 18, 2025.

During our observations, we did not observe any areas of potential slope movement or obvious slope instability. We observed areas where there was no headwall at the interface between the slope and wharf structure and erosion at the top of the slope resulted in settlement of the pavement where it directly abuts the wharf structure. We recommend a conceptual fix to address these areas of settlement and limit their recurrence in the future in the referenced letter.

3.0 PILES

We understand that the design team has identified a need for new pile foundations in various areas of the Site. On a preliminary basis, we understand that the following piles are being considered to address visually identified deficiencies.

• Precast, prestressed concrete piles (18 -inch-square) at the finger piers and outer wharf of Berths 7 and 8
• Timber piles (12-inch-diameter) inner wharf at Berths 5 and 8 • Steel pipe piles (30-inch-diameter) outer wharf at Berths 5 and 6

In general, new piles for retrofit should be driven to refusal in the shallow bedrock. Piles driven to refusal in bedrock will achieve significant capacity. On a preliminary basis, it would be reasonable to assume that a precast concrete or timber pile driven to refusal in bedrock would have an allowable bearing capacity on the order of 100 kips per square foot of end area . This capacity would apply to most of the site. In the northern end of Berth 8, there is a substantial amount of Old Bay Clay between the mudline and the bedrock, in these areas, additional capacity could be achieved in skin friction in the Old Bay Clay. On a preliminary basis, the mobilized allowable skin friction of a precast driven pile in the Old Bay Clay could be assumed to be 700 pounds per square foot of surface area.

Driven steel piles will likely be able to penetrate deeper into the bedrock. Our experience indicates that steel pipe piles driven to refusal conditions in bedrock would likely have capacities of at least 600 kips.

If greater capacity is necessary for pipes, our experience indicates that predrilling approximately 10 feet into the rock and then driving the pile to refusal would achieve a higher end bearing capacity. Pile driving analysis (PDA) should be used during pile driving to confirm the pile capacity.

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These capacities assume dead-plus-live loading and are provided for conceptual purposes only.

Once a pile demand is developed, these capacities should be reevaluated based on the location of the pile.

4.0 BEARING CAPACITY – GRAVING BASINS

As previously mentioned, the footings for the walls and columns at the graving basin either sit on excavated bedrock or on lean concrete placed on excavated bedrock. Based on the rock outcrops in this area, we recommend using an allowable bearing capacity of 8,000 pounds per square foot (psf) for dead-plus-live loading for elements bearing on the bedrock. For load combinations that include seismic loading, this allowable capacity can be increased to 10,500 psf. These elements were heavily loaded by the shipbuilding activities that historically occurred at th e site. If back analysis of shipbuilding loading can demonstrate higher bearing loads than these capacities, we can reevaluate the maximum values.

5.0 LIMITATIONS AND UNIFORMITY OF CONDITIONS

This report presents geotechnical characterization and recommendations for the Point Potrero Marine Terminal at the Port of Richmond in Richmond , California. If additional subsurface information becomes available, we should be allowed to review this report and provide additional recommendations, if any. It is the responsibility of the owner to transmit the information and recommendations of this report to the appropriate organizations or people involved in design of the project, including but not limited to developers, owners, buyers, architects, engineer s, and designers.

We strive to perform our professional services in accordance with generally accepted principles and practices currently employed in the area; there is no warranty, express or implied. There are risks of earth movement and property damages inherent in building on or with earth materials.

We are unable to eliminate all risks; therefore, we are unable to guarantee or warrant the results of our services.

This report is based upon field and other conditions discovered at the time of report preparation.

We developed this report with limited subsurface exploration data collected by others . We assumed that the subsurface exploration data are representative of the actual subsurface conditions across the site. Considering possible underground variability of soil and groundwater, additional costs may be required to complete the project. We recommend that the owner establish a contingency fund to cover such costs. If unexpected conditions are encountered, we must be notified immediately to review these conditions and provide additional and/or modified recommendations, as necessary.

Our services did not include excavation sloping or shoring, soil volume change factors, flood potential, or a geohazard exploration. In addition, our geotechnical exploration did not include work to assess the existence of possible hazardous materials. If any hazardous materials are encountered during construction, the proper regulatory officials must be notified immediately.

This document must not be subject to unauthorized reuse , that is, reusing without our written authorization. Such authorization is essential because it requires us to evaluate the document’s applicability given new circumstances, not the least of which is passage of time.

Page 420 of 518 ends

Moffatt & Nichol Port of Richmond Point Potrero Marine Terminal 26829.000.001 Geotechnical Characterization Report

Page | 11 July 17, 2025
Revised July 25, 2025
Actual field or other conditions will necessitate clarifications, adjustments, modifications, or other changes to our documents. Therefore, we must be engaged to prepare the necessary clarifications, adjustments, modifications , or other changes before construction activities commence or further activity proceeds. If our scope of services does not include on -site construction observation, or if other persons or entities are retained to provide such services, we cannot be held responsible for any or all claims arising from or resulting from the performance of such services by other persons or entities, and from any or all claims arising from or resulting from clarifications, adjustments, modifications, discrepancies or other changes necessary to reflect changed field or other conditions.

Page 421 of 518 ends

FIGURES

FIGURE 1: Vicinity Map
FIGURE 2: Site Plan
FIGURE 3: Regional Geologic Map (Graymer, 2000)
FIGURE 4: Regional Faulting and Seismicity Map
FIGURE 5: Seismic Hazard Zones Map

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APPENDIX A

HISTORICAL BORING LOGS AND CPTS

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Shear Strength (lbs/so ft) 0
"' Comolidatixi Test
Push
UU975=
Push
Push
,
Push
UU3500 DE
7 UU4000 281:5CX:=
**ParticleSizeAnalysis
UU 2300 13wom.iloweew.

HARDING- LAWSON ASSOCIATES

I
..E• 2,
32 C C
a .4 LS' 6 8
55 60

92.8 46

8.7 73
75 PLATE
Cunsulting Engineers and Getib.gises.

Abprk: ' Date 8/22/75._
LOG OF BORING 4
Outfitting Dock, Shipyard No. 3
Port of Richmond
Richmond CaliforniaJob No._ 8003,008.04
LOG OF BORING 4
Equipment Rotary Wash
Elevation +14 Date 8/105
Shear Strength (lbs/sq ft) ct ".6---E
Eti
0 CONCRETE DECK (8 Inches)
10-
V water level. 8/11/75*
15 16
3 Push
Push

38.9 41.9
82 73
20-
25 30
35 4 -
IT;•-•
LL
-4.0 MLLW

BLACK CLAYEY SANDY SILT (MM)
very soft, saturated, with
gray sand lenses •

BROWN CLAYEY GRAVEL (GC)
. loose, saturated, with small
• pieces of wood

GRAY CLAYEY SANDY SILT (MM)
medium stiff, saturated, with
shell fragments
becoming soft @-29'
(Continuation of Log)
no longer sandy below 44'
slightly peaty @ 49'
BLACK SANDY CLAY (CL)*
soft to medium stiff, saturated,
with occasional peat, small •
pebbles,. and lenses of soft brown-
grarpeaty cloy
becoming medium stiff to stiff
@65'

MOTTLED GRAY CLAYEY GRAVELLY
SAND r SC)- medium dense,
saturated, with brown clay lenses

GRAY CLAYEY SILT (MH)
stiff, saturated, with peat (Old
Bay Mud)
with small lense of clayey sand
@77'
(Continued on Plate 7 )

Page 431 of 518 ends

28 17
UU 4030 15. • .........-samK
15 .9 86 3
85 90 -
.0 . 75
95 -
100 -
105-
110-
115
120 -
LOG OF BORING 4,cont'd
medium stiff to stiff, with
abundant shell fragnients &
pebbles from 78' to 90'

DARK GRAY SHALE
intensely fractured (Franciscan
Formation)

HARDING LAWSON ASSOCIATES
.1!;::g Engini Irs um/ Geologists
Arm - (MCI - n4
8/22/75
LOG OF BORING 4
Outfitting Dock, Shipyard No. 3
Port of Richmond
otekm"nii. CnUfnmlri
PLATE

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DRILL RIG Failing 750, Rotary SURFACE ELEVATION 11.2 Feet LOGGED BY JCH DEPTH TO GROUND WATER Not EncounteredBORING DIAMETER 5-inch DATE DRILLED 8/26/02 DESCRIPTION AND CLASSIFICATION DEPTH r4ti 6dPE-.1 ,t :°'FA -E. is ,c?,Taci.,7 OTHER h-,g g rz.,
'4 S). .4pr4SOIL (FEET) g 33 , ›.on TESTSDESCRIPTION AND REMARKS CONSIST '-' 0 8 6TYPE Ki u 8
PAVEMENT: 2 inches Asphalt Concrete
-. -over 8 inches Aggregate Baserock .- - - - - - - - -,FILL: GRAVEL (GC), light brown, fine to medium, subangular, sandy (fine- to
_ _Medium
Dense
..“W0.1Mind-'N
kz . \ 221medium- grained), trace clay, damp
W--'--%nLoose
W.Ax
8 WNW. n\, .
5 grading some cobbles (up to 5 inches) at 6
feet _ _A
...x..•,A
grading coarse gravel and rock fragments at W
\7,.......•\
8Y2 feet N
,„.. _ -.4
4II
1 0
W-z-
\- ,' :1•.BAY MUD: CLAY (CH), gray, silty, -
trace shell fragments, wet
Very SoftV
12 28 93
PP = 250 tsf
15 74
i
:4. grading with shells at 18Y2 feet
rs / PP = 500 psf
20-9 300
O. psi5
)
0 Z
0 Di.
0)
gO.
2Ai grading trace shells at 23Y2 feet.. 53 70C
/
1 '25
T-g
7,33r
t
IF 125
psi
i.9ia nous EXPLORATORY BORING LOG
iii g • Eg 1 si pm man, 1000 Broadway AGGREGATE STORAGE FACILITY, PORT OF RICHMOND 2 No INIMMINMO"1 n 11 9 mi Na.m."... St e. •-•
z e.u0, Oakland Richmond, California
a,'' mirsammi California 94607i IIIn /idbNll-rMzP
PROJECT NO. DATE BORING
NO. B-1,1484.002 August 2002Z

Page 475 of 518 ends

•
DRILL RIG Failing 750, Rotary SURFACE ELEVATION 11.2 Feet LOGGED BY JCH DEPTH TO GROUND WATER Not EncounteredBORING DIAMETER 5-inch DATE DRILLED 8/26/02 DESCRIPTION AND CLASSIFICATION DEPTH u
OdpI- z
hi'-'
FceFr
p ri;1 _
11J'.
fan 0 cz ,
Par4
OTHER
SOIL (FEET) .=2 Z ;'..- (..)p'-' TESTSDESCRIPTION AND REMARKS CONSIST TYPE ul "'ra. 0 2 Ei.) '" SAND (SM), gray, silty, wet Loose
3 PP = 2,500 psf
- tirki - Mai: - CLAV-(00, - ir-a-y,- iiitY,- -Wei- -- Wry.-gat / - PP = 1,500 psf -
-
Soft —
5 95 46
PP = 1,500 psf35
grading some brown organics at 36 feet
-
-
_
PP = 1,000 psf40
5 67 60
_
-
45 6 69 59 PP = 1,000 psf
s,--g
-
-
_
I
3 50 –1
ii,.ig -gt etd-Of (et)-,iie -erii-sfigi-i-y-,-s-aiidy- (line-- - - E grained), wet
0 - Ve -ry- gii
-
-
A -%
28 98
PP = 6,000 psf34
lai 55z
2 Bottom of Boring = 55 feet
Notes:

1. The stratification lines represent the approximate boundaries between material types and the transition may be i gradual.

Fi 2. For an explanation of the penetration resistance values see the first page of Appendix A. -,) 3. A 140-lb safety hammer was used to advance the sampler. The hammer was raised using a rope and cathead.

4. PP = Pocket Penetrometer (undrained shear strength). zLD EXPLORATORY BORING LOGCI
, nilUnal 1000 Broadway-t 1111 milias....."..... Ste. 200, Oakland

I/AGGREGATE STORAGE FACILITY, PORT OF RICHMOND
Richmond, California
&, ilt.AinnEWIN51111 California 94607i Nomimsw.gron2SI a-
PROJECT NO. DATE BORING
NO. B-11484.002 August 2002

Page 476 of 518 ends

II
II
DRILL RIG Failing 750, Rotary SURFACE ELEVATION 12.5 Feet LOGGED BY JCH DEPTH TO GROUND WATER Not EncounteredBORING DIAMETER 5-inch DATE DRILLED 8/26/02 DESCRIPTION AND CLASSIFICATION DEPTH w O 6 pP z qcL F--.- cii ,.., 0 xn't- OTHER
is:

E
i'5.
—0'-'
,. 0 e:,
6t) ,d2f,-;
0 a. ?.4_,SOIL (FEET) z;4,ri ..72 P. ›. o2 p TESTSDESCRIPTION AND REMARKS CONSIST 0 8TYPE W. 0 c(3cn
PAVEMENT: 3 inches Asphalt Concrete .....IN
- over 3 inches Aggregate Baserock \-"
Wk_ -n,'N
WN''sk*---A
_
Fla: GRAVEL (GC), brown, fine to - .
coarse, subrounded to subangular, some
clay, damp, some sand (fine- to coarse-
grained), damp
Loose
nN -- - 14 10 121
kA os, 5-.....\
,_-•n•-
W•
- SILT (111t),- greenish gray, sandy (fine-
grained), trace clay, wet
Fi rm III Er 8 Passing #200
Sieve = 91%10
- -g-Ail kilt): CIAVda:rk fray -, -sili)7,.
wet
- Very- -SOTt7
L 2 55 68
PP = 400 psf
s=i. Six-inch lense of some shells and gravel
/ 15
(medium, subrounded) at 18 feet
%. grading trace to some organics at 181/2 feetn / 205 3J
Z
:.9
=4.
a
aE.- Consolidation
.c..2 B-1)
c
/ 25 100
psi
61 67 Test (see figure
R0nig
TX = 984 psf
PP = 400 psf
i7-
1—
0 Softgrading sandy (fine- grained), with shells at3ke 29 feet r 5 30 93 PP = 400 psf z0
riui G R ICIW0 MI litimiNP"m1111M.... ......--- n 1000 Broadway ry gia m ingin"mom Ste. 200, Oakland

EXPLORATORY BORING LOG

AGGREGATE STORAGE FACILITY, PORT OF RICHMOND
Richmond, California
suimemm e tsmiaAMINMONINI California 94607g ....---46.z2 ir
PROJECT NO. DATE BORING
NO. B-21484.002 August 2002
II
II
II

Page 477 of 518 ends

1 1
DRILL RIG Failing 750, Rotary SURFACE ELEVATION 12.5 Feet LOGGED BY JCH DEPTH TO GROUND WATER Not EncounteredBORING DIAMETER 5-inch DATE DRILLED 8/26/02 DESCRIPTION AND CLASSIFICATION DEPTH ad
cla

0."1
z 4.1

0....0PE- Z
hl
F
'q
_ ° =Z 0 t: ,.....
1/4-1, JI`'")4
OTHER

DESCRIPTION AND REMARKS CONSIST SOIL
TYPE
(FEET) ‹Cv)
ul cii -1
iyi.2e
3 Z
0c..)
>.
124o
0 —(:)(,)c.)
TESTS
BAY MUD: CLAY (CH), dark gray,
sandy (fine- grained), with shells, wet
grading trace sand, silty at 32 feet
Soft
-
-
TX= 801 psf35
-/ 120 72 60 PP = 800 psf
/ -
psi
-
40 -X 4 83 51
PP= 1,000 psf
/
-
-
_
45 —
_
-
N -67'
- . _
GRAVEL- (GC) greenish gray ne tofis , 9
M -. coarse angular, some clay,yet . _ _ _ . _ .
1,0M-3i-oak- /
DerTse-
, - - - - - - -
*4.n\ ',1
•----`- 50 -x
5 Bottom of Boring = 50Y2 feet0% Notes:.9
i 1. The stratification lines represent the approximate boundaries between material types and the transition may be I gradual.
ft 2. For an explanation of the penetration resistance values see the first page of Appendix A. ,- 3. A 140-lb safety hammer was used to advance the sampler. The hammer was raised using a rope and cathead. t 4. PP = Pocket Penetrometer (undrained shear strength), TX = Triaxial Compression Test (peak deviator stress).[4 037
1,
3X
rt.
0Ee-., MVOgui Is a 0 E l ow w 4 NI il1000 Broadway

EXPLORATORY BORING LOG
kGGREGATE STORAGE FACILITY, PORT OF RICHMOND
2 oun. i" 0 VIN.; el: Ste. 200, Oakland Richmond, California 'ca, I 11, • I INE California 94607ta ...........ial.z2 PROJECT NO. DATE BORING
NO. B-21484.002 August 2002tr.

Page 478 of 518 ends

FUGRO Site : PASHA
Location : CPT-01
Geologist : M. STANLEY
Date : 08:22:02 08:33
40'
-10
NI IIIIII OM SIN UM all SO III. Ma NIS 111111 MI Ell Ill all RN qt (tsf) fs (tsf) U (psi) Rf (%) SBT
700 15 0 100 10 12
-50
-60 Max. Depth 46.42 (ft)
Depth Inc.: 0.164 (ft)
Sensitive Fines
Sand
Sandy Silt
Silt
Silty Sand/Sand
Sandy Silt
Silt
Sensitive Fines
Clayey Silt
Silt
Clayey Silt
Sensitive Han
Clayey Silt
Sensitive Fines
Clayey Silt
Clary Silt
Clary
Clayey Silt
Silty Clay
Clay
Stiff rine Grained
Silt
Ceinented Sand
Silt
Cannoned Sand
Stiff Fine Grained
Cemented Sand
Silty Sand/Sand
sun Soil Behavior Type (Robertson and Campanella 1988)
-20-1

Page 479 of 518 ends

Location : CPT-02 Date : 08: 22: 02 10:244114 Rf (%)
SW: Soil Behavior Type (Robertson and Campanella 1988)
SBT
12 FUGRO Site e : PASHA Geologist : M. STANLEY
U (psi)
100
qt (tsf)
700
-10
4-,
-40
-50
-60 Max. Depth 59.05 (ft)
Depth Inc: 0.164 (ft)
fs (tsf)
15 Sandy Silt
Silty Sand/Sand
Silt
Silty Sand/Sand
Silt
Clayey Silt
Silt
Clayey Silt
Sensitive Fines
Clayey Silt
Silt
Sandy Silt
Silt
ClaYeY Slit
Silt
Clayey Silt
Silt
Clayery Silt
Sandy Silt
NB MI MI NM IMO MN INN in MEI
I

1.11 1111 Eli NW

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FUGRO Site e : PASHA
Location : CPT-03
Geologist N. STANLEY
Date : 08: 22: 02 11:48
Rf (%) SBT
1210
r-ri F-ri Clay
Sand
Sandy Silt
Silty Sand/and
Silt
Clary
Sensitive Fines
Clayey Silt
Sensitive FInee
Silty Clay
Sensitive Pines
Silty Clay
Sensitive litnee
clayey Silt
Sensitive lines
Clayey Silt
Silty Clay
gayety Silt
SBT: Soil Behavior Type (Robertson and Campanella 1988) - 10
- 20
-40
- 50
-60 Max. Depth: 50.03 (ft)
Depth Inc.: 0.164 (ft)
IIII
IIIIIb 11111) NS Ilia Ilia NW MN 1111m NM
IMO

MIN NM NM IMP 1111111
qt (tsf) fs (tsf) U (psi)
700 0 15 0 100

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DRILL RIG Failing 750, Rotary SURFACE ELEVATION 11.2 Feet LOGGED BY JCH DEPTH TO GROUND WATER Not EncounteredBORING DIAMETER 5-inch DATE DRILLED 8/26102 DESCRIPTION AND CLASSIFICATION DEPTHcl.:Pz N ill OTHER
SOIL (FEE1)
cn Ri
r ,,1 E TESTSDESCRIPTION AND REMARKS CONSIST TYPE chR— 8 8 68m PAVEMENT: 2 inches Asphalt Concrete
over 8 inches Aggregate Baserock i Taartiii
win
..,,N -_
fiELT GRAVEL (GC);lighilirown; Elie
to medium, subangular, sandy (fine- to
medium- grained), trace clay, damp
Dense •7=-A 22
Loose ,W,1, a-
grading some cobbles (up to 5 inches) at 6
feet ..X,,n''.- -' \\\. \
-
. -
grading coarse gravel and rock fragments at
8V2 feet
WA
,W1/4.V.'%\ 10 ..-E 11
• ,..V.7
7-'A
- -lai r' Stfiti: t -fAi r(C-11)," irii,- iliti; - - - - trace shell fragments, wet
--- Viiir Ot '
PP = 250 tsf2 28 93
• 15 •
_
_
I grading with shells at 18% feet
_
- PP = 500 psf_
1 I.
-/ 300
psi
I
.
i
.
-
1 i grading trace shells at 23Y2 feet
i!
2 53 70-X
25 5 -
I
1 -
!
1 _
_7 125
psi
:
;?
i -ranoi im magamea 1000 Broadway

EXPLORATORY BORING LOG

AGGREGATE STORAGE FACILITY, PORT OF RICHMOND
rommistawe Ste. 200, Oakland Richmond, California
! Ink -ausu ll."411•1144, California 94607
!•
PROJECT NO. DATE BORING
NO. B-11484.002 August 2002

Page 482 of 518 ends

1 DRELL RIG Failing 750, Rotary SURFACE ELEVATION 11.2 Feet LOGGED BY JCH DEPTH TO GROUND WATER Not EncounteredBORING DIAMETER 54nch DATE DRILLED 8/26/02 DESCRIPTION AND CLASSIFICATION DEPTH g
A gia c
r:1 c.t)
.-.1s,
ce ":. PI
:,•;
pg OTHER
i l i i54 P

DESCRIPTION AND REMARKS CONSIST SOIL
TYPE
(FEET) ;#1 6 ci a 0c.) P.gq (±)Cle;)'8 TESTS
SAND (SM), gray, silty, wet Loose -
PP = 2,500 psf
- -Ii-Jii -itillii:- CiAir(Cif);irii; iiitW Cid ' - ViiirVoll 1 _ PP = 1,500 psf -
Soft /
_
grading some brown organics at 36 feet
35 -: X 5 95 46 PP = 1,500 psf
• . _
. . _
40 -:z5 67 60
PP --= 1,000 psf
_
-
45 —_x6 69 59 PP = 1,000 psf
_
1; -
I.3 _
)e, -
2 A
IT aki r (C1.i, -sii1di fitie.------ Vei31Sii 7
i grained), wet

1. -
28 98
PP = 6,000 psf-X 34
c 55
, Bottom of Boring = 55 feetL
Notes: •
i1. The stratification lines represent the approximate boundaries between material types and the transition may be gradual.,E
..6 2. For an explanation of the penetration resistance values see the first page of Appendix A. a 3. A 140-lb safety hammer was used to advance the sampler. The hammer was raised using a rope and cathead.

4. PP = Pocket Penetrometer (undrained shear strength). 1 i9e

EXPLORATORY BORING LOG
1 pp ifflamentilLempAIG52113 1000 Broadway
m 11 —win —111 -7--min, Ste. 200, Oakland

AGGREGATE STORAGE FACILITY, PORT OF RICHMOND
Richmond, California

16. ink 'rn -1,zzir i li oot%411111:0- California 94607il wwn•n •••n 41116.1n 1e !
PROJECT NO. DATE BORING
NO. B-11484.002 August 2002

Page 483 of 518 ends

DRILL RIG Failing 750, Rotary SURFACE ELEVATION 12.5 Feet LOGGED BY JCH DEPTH TO GROUND WATER Not EncounteredBORING DIAMETER 5-inch DATE DIULLED 8/26/02

DESCRIPTION AND CLASSIFICATION DEPTH
a.
cl
z taslusficn
t.;
ffl 9;4ESa,
E.—
u
tr/3
66al .
a
R44.)'ilgic,g igb,..4,
5803
OTHER

TESTSDESCRIPTION AND REMARKS CONSIST SOIL
TYPE
(FEET)
PAVEMENT: 3 inches Asphalt Concrete mu. s
- over 3 inches Aggregate B aserock , - - - - - - -ilmi° - FILL: GRAVEL (GC), brown, fine in- - -. L°°se1 W'
coarse, subrounded to subangular, some '".;N‘ _ -
clay, damp, some sand (fine- to coarse- ,W‘' -grained), damp ,'Its k..A
14 10 1215
,..--... -
islij, " iniiajr(ii-iii:: - - " — . Piiiii-grained), trace clay, wet -X 8 Passing #200 Sieve = 91%10
_
- lai r-iiitiOT et-kir (OW dirk lir-ai:sliti,- --ifeii -8 Oftwet rt _
_2 2 55 68
PP = 400 psf
15 _
_
-Six-inch lense of some shells and gravel
(medium, subrounded) at 18 feet
grading trace to some organics at 18% feet - 2
20 -,.
_
-
_ Consolidation
25 _ 100•psi
7 61 67 Test (see figuri
B-1)
TX = 984 psf
- PP = 400 psf
-
grading sandy (fine- grained), with shells at Soft
29 feet -X 5 30 93 PP = 400 psf

EXPLORATORY BORING LOG
1:h3el maggsgr .magi,_ 1 000 BroadwayN. Ste.El menzat"sm Ste. 200, Oakland AGGREGATE STORAGE FACILITY, PORT OF RICHMON:

California
111 .48„. California 94607......---.01.—..... PROJECT NO. DATE BORING NO. B-21484.002 August 2002

Page 484 of 518 ends

a
DRILL RIG Failing 750, Rotary SURFACE ELEVATION 12.5 Feet LOGGED BY JCH DEPTH TO GROUND WATER Not EncounteredBORING DIAMETER 5-inch DATE DRILLED 8/26/02 DESCRIPTION AND CLASSIFICATION DEPTH n 6t4.)gP z
n i :

ITfr..,
0 i>3
FA 6 .....,
Ectiz"
cii
OTHER

DESCRIPTION AND REMARKS CONSIST SOIL
TYPE
(FEET) ;,4, p l,—a.
0c..) al (458`4
TESTS
BAY MUD: CLAY (CH), dark gray,
sandy (fine- grained), with shells, wet
grading trace sand, silty at 32 feet
Soft
.

TX = 801 psf35 —
120
psi
72 60 PP= 800 psi
/
PP = 1,000 psi40
83 51
45 -
•
- -.
/
i dfacti.,-(devireeriiiii iiiif, fine to 15i - \t`N 50/5"! - coarse,an_gular, sotne.clay, wet . _ _ _ _ .httl511 -0CIZ - - - - - - - - - -50
) Bottom of Boring = 501/2 feet •)e Notes:),,. 1. The stratification lines represent the approximate .
boundaries between material types and the transition may be I gradual.
t 2. For an explanation of the penetration resistance values see the first page of Appendix A.

3. A 140-lb safety hammer was used to advance the sampler. The hammer was raised using a rope and cathead. l 4. PP = Pocket Penetrometer (undrained shear strength), TX = Triaxial Compression Test (peak deviator stress). 5 EXPLORATORY BORING LOG
B gle El5 la 1000 Broadway____________IRESEPEW"Minal A.GGREGATE STORAGE FACILITY, PORT OF RICHMON 5 III wimsi maissOrtu=si Ste. 200, Oakland Richmond, California 6 D ummesza " mallini AM12115.1114411162 California 94607 c --......006—..... PROJECT NO. DATE BORING
NO. B-21484.002 August 2002

Page 485 of 518 ends

FUGRO Site : PASHA
Location : CPT-01
Geologist : M. STANLEY
Date : 08: 22: 02 08: 33
-1
•
• 4
Sensitive fines
Sand
Sandy Silt
Silt
Silty fiend/Sand
Sandy Silt
Silt
Senaltive Fines
M AW Silt
Silt
OW, slit
Suneitive ?bee
elfayey Silt
Semeitive Fines
cam silt
Sift
aapy Silt
08y
MAY Silt
Silly Osy
Oey
Stiff Ana Grained
Silt
Cesoesded Bead
Silt
Cemented Send
SUN Fins Gssined
Cemented Sand
Silty Send/Send

1.11 fall MI US EN 11111 UM 11111 NS Inn 1E1 MI III INN 11111 NMI EGG
fs (tsf) U (psi)
15 0 100
Rf (%)
10 0
SBT
12 qt (tsf)
700 0
••••--s
C1-•
-C+3
a
-300
60 Max. Depth 46.42 (ft) SBT; Soil Behavior Type (Robertson and Campanella 1988) - 10
- 20!
1 1 1
Depth Inc: . 0.164 (ft)

Page 486 of 518 ends

Rf(%)
10 SBT
12 SBT: Soil Behavior Type (Robertson and Campanella 1988) fs (tsf)
FUGRO Sitee : PASHA
Location : CPT-02
Geologist : M. STANLEY
Date : 08: 22: 02 10:24
EGG
.1.
" " venomsutyammsomsSilt
smsymwsmas
silt
ChM silt
sac
mows satSessitive Atm
CS.3.7
Silt
Sands Silt
Silt
Chtlei Sat
Silt
OAPYSilt
ay Silt
Silt
qt (tsf)
0 50 M Depth 59.05 (ft)
Depth Inc.: 0.164 (ft)
700
U (psi)
100
NI MI 1111 MI SIM In MI 1111111 MI NMI UR

Page 487 of 518 ends

FUGRO Sitee : PASHA
Location : CPT-03
Geologist : M. STANLEY
Date : 08: 22: 02 11:48
U (psi)
15 0 100
fs (tsf)qt (tsf)
0 0
- 10
-20
-40
-50
- 60 Max. Depth: 50.03 (ft)
Depth bac.: 0.164 (ft)
700
clay
Sand
Sandy Silt
Silty Sand/Sand
Silt
SIAM Silt
Elemeitive Mee
aa7e7
Senalthe Thaw
Silty Clay
Senaltive Thum
Silty clay
Sensitise Fines
M AW Silt
Seaidtive Fines
C OW Silt
Silty Clay
clayey Silt
111111111
NB NM MB MS 11111 111111 BE MI MI INI1 ill MS GM MI= NM NM Rf (%) SBT
10 0 12
Type (Robertson and Campanella 1988)

Page 488 of 518 ends

Project No. 1484.004
Sheet
,_.,J.
5,
cl
...i ,
''dCe ca
wm
§()
.„,...ztil
a.'
W0.>.1-CC
'11
m
........1— 2.cez.
w m ILI...I 0 Ce
V' ciAOM
-IW03m
l edge and 142 feetLOCATION: fsigstge&CreOnf:retliwweigreltt SURFACE EL: ft +/- (rel. MSL datum)

MATERIAL DESCRIPTION
t 1
ZI":
=m
re ->"'"0w
fr''. 7.

WZ
I.0g500
c'Z
ui_cowVsg
.g
g.-..a t
ma-.'
t
06Po
VzJM
M ....
2 (iael .w
g2gwow
2I-
mc°
ta
,wi-mW
0 , N -NAsphalt ConcreteJAC), 2 inches 7-
! MWI (43) Sandy GRAVEL (GVV): medium dense, brown,
moist, fine to coarse (gravel to 3 Inches),
angular (rock fragments), fine- to!
n coarse-gralned sand, trace silt (FILL)
n (30) MA
4 !
4 10! --
.4 / (25)
15 ! _,
ii.\..... , 36
CLAY (CL): firm, light brown mixed with gray,
moist to wet, with fine- to medium-grained sandX
—
26 (BAY MUD)
20 rii
-
(9)
some shells below 21 feet 100 26 &R ;
,
25 ' (6) —54- • • 46. • • •25 • •• -0.8 P - •
Silty CLAY (CH): soft to firm, gray, wet, some
shell fragments
80 psi 88 35
11 11
[
... ,... .
35 9
70 NI
..ii.i.:.......
(17)
92 30 2.5 P • • 9.13 P • •
40 11 X 8
some shell fragments below 21 feet
BORING DEPTH: 101.5 ft
Continued
DRILLING METHOD: 5.25-in. dia. Rotary Wash
DEPTH TO WATER: Not Encountered
HAMMER TYPE: Rope and Cathead
BACKFILL: Neat Cement RIG TYPE: Failing 1500
COMPLETION DATE: January 23, 2003 DRILLED BY: Pitcher, Ralph & Larry NOTES: 1. Terms and symbols defined on Plate A-1. LOGGED BY: J. Hagen LOG OF BORING NO. B-3
Hanson Aggregates
Richmond, California
- BORING LOG OAK G:IENGINEERIGINTPROSECTS11484-004_V110402.GPJ LIBRARY C•1104020APIGLB 311103 0829a

Page 489 of 518 ends

Project No. 1484.004
1 tE.

Lci
g dC6 gll
1 co
C)2
L- .9
tuQ.
6 .......--.li a.
15 m ur
El 8 5
(03ow_44mm
LOCATION: Isigne crif(1690rfigethwyg rr eajtdill edge and 142 feet SURFACE EL: ft +1- (rel. MSL datum)

MATERIAL DESCRIPTION
,...I"ZI--mx>-0tz,,,--
.g
at
wt.:LUZ1-w<1-z
8 OW
Z
a_um<0Mc
ra
pee- -mi--
23 ?-a(.4po
com

0. M ....
62x 5co 0
1:-.ult-
z o
duicl
go
co1-
IT

1.-
W
o
so
55 80
70 75
80 Aros
61%. 4
/
12 13
14 '
.
1 (14)
(40)
grades to sandy, greenish-gray
63 62 2.0 P
108 21 43 1.5 P
_
Clayey SAND (SC): medium dense, bluish-gray,
wet, fine- to coarse-grained, high plasticity fines
- logged cuttings from 57 to 100 feet
BORING DEPTH: 101.5 ft
Continued
DRILLING METHOD: 5.25-in. dia. Rotary WashDEPTH TO WATER: Not Encountered HAMMER TYPE: Rope and CatheadBACKFILL: Neat Cement RIG TYPE: Failing 1500COMPLETION DATE: January 23, 2003 DRILLED BY: Pitcher, Ralph & LarryNOTES: 1. Terms and symbols defined on Plate A-1. LOGGED BY: J. Hagen LOG OF BORING NO. 8-3
Hanson Aggregates
Richmond, California
6016NG LOGI OAK GAENGINEEMIN1\PROJECTM1464-004 V110402.GPJ LIBRARY_C-1104020AK.GLB 317103 0529 a -

Page 490 of 518 ends

Project No. 1484.004
=--c...
wo
..1 , 5iz a3
ll'Ito
ciz
w
e
w
>.°-P—
w
--.1-6
,w EL
w m 1+1

3.1 R g
j(130 w_Icema.

LOCATION: lilcouptEejf(ilhfleOntighweet gf
e*NO
wharf edge and 142 feetwharf
SURFACE EL: It +1- (ml. MSL datum)

MATERIAL DESCRIPTION
tlaz -D,,,,cc —„,
u. N
ag
ce i":
zWz
8 ow
g -
cl)c7)(.2.ao
zg u
0 *
5 E22-,,m
(-3
Pow zct—
"cf,
.1.
6a0 -
ili
z0...7 z
git2
zi-mo)
........,.. .. .,..
' mi-
(3
cc
L'io
,
....
95 /
1o0
-
di 1: (25)
73 50 ...

1.8 P2.0 P
_
-
105 -
- .
"
110-
,-
-
-
"
115 -
-
-
-
'
120-
'
' • • ' *".
125-
"
130-
-
-
'
BORING DEPTH: 101 5 ft
DEPTH TO WATER: Not Encountered
BACKFILL: Neat Cement
COMPLETION DATE: January 23, 2003
NOTES: 1. Terms and symbols defined on Plate A-1.

LOG OF BORING NO. B-3
Hanson Aggregates
Richmond, California
GORING LOG OAK GAENGINEEMIN1PROJECTS11484-004 T110402.GPJ - LIBRARY_C-1104020AK.GLI3 317103 0629 a DRILLING METHOD: 5.25-in. dia. Rotary Wash
HAMMER TYPE: Rope and Cathead
RIG TYPE: Failing 1500
DRILLED BY: Pitcher, Ralph & Larry
LOGGED BY: J. Hagen

Page 491 of 518 ends

Project No. 1484.004
Continue DRILLING METHOD: 5.25-in. dia. Rotary Wash
HAMMER TYPE: Rope and Cathead
RIG TYPE: Failing 1500
DRILLED BY: Pitcher, Ralph & Larry
LOGGED BY: J. Hagen
BORING DEPTH: 83.0 ft
DEPTH TO WATER: Not Encountered
BACKFILL: Neat Cement
COMPLETION DATE: January 24, 2003
NOTES: 1. Terms and symbols defined on Plate A-1.
1 Sh
a
t .I-
filCa
g .
(-1reA
teg (0
sa
Zw-I
CL
la
>.
i-•mui
ct
...
rc z
L
.

Lum a-10M0-07
3,e,c# 0 itcl
CO et,
LOCATION: Proposed column support #3 (about 175 feet west ofhopper) SURFACE EL: ft +1- (rel. MSL datum)

MATERIAL DESCRIPTION
I- • a
ZI-ZDX).-0egh
le
WZI-W.c...
owz >Fb- l iCOO
ggcs,at ilt
0 g...-DI' :2 5
?..
=
06Pc 2w z
11 cc .-
6gx 3u coCIt'W I-
zoR uiZ
ts ce
Z
m
coi--coWI-
re
LIJ
o
0„,400.7 Asphalt Concrete (AC) 3 Inches /—
\ 1 71a"A
(64) GRAVEL (GP): dense to very dense, brown,
damp, fine to coarse, gravel to 3 inches, some MA
\ sand (fine- to coarse-grained), trace clay (FILL)
..... • • • - -• ... • ..
\ 2 1 (36)
n :......,
-
Sandy SILT (ML): stiff, dark gray, wet,
fine-grained (BAY MUD)
10- —
- / (18)
3 r (24) 3.0 P4 . 98 27 5.5P
15 5
8 " (6) CLAY (CH): soft to firm, dark gray, moist to wet, trace silt 72 52 0.2 P
20 7 inn 70 psi grading silty, some shells at 20 feet 86 38 Illi
25 8 (8) grading trace shell fragments9 ....,... 76 47 0.6P 30 to (7) - 77 44 0.5P
35/ 1112
mvV...jt.;1.,:: (11) Silty CLAY (CL-ML): stiff, dark gray, moist to wet, with sand (fine-grained), trace shell
fragments 91 31 1.8 p
- • •1%6 P-
/
13 (9)40, Silty CLAY (CH): firm to stiff, gray, moist to wet,14 ii:::`:: some fine-grained sand, some brown organics 49 86 1:8 P - decreasing sand and silt content with depth
4 LOG OF BORING NO. B-4
Hanson Aggregates
Richmond, California
BORING LOG OAK GftENG3EEMININPROJECTS11484.004 V110402.GPJ LIBFtARY_C-1104020AK.GLB 3/7/03 01:029 a

Page 492 of 518 ends

Project No. 1484.004
1 Sheet 2 of 2
-,_
E
..„ 0wen
ozLa...i
a.

LB
,_
I-tttu
ii.1
...,. 4-
=2 .La = LU-101xcL c..) m
`,13O3...1 tr
CO a.

LOCATION: Proposed column support #3 (about 175 feet west .Hopper) SURFACE EL: ft +/- (rel. MSL datum)

MATERIAL DESCRIPTION
t
-m
o
ag
rel-:z

1.-.1 wsz0o
ow
z>WAw(c ooMa
leg
cae— -Rt.:-.12-in
— x(-)f.L1cazc. —
62xcil(i)oeuri.-zc.1.,1
azmco
0 t,1--
retu
i1-o
15 (16)
18 i*? 50 85 1.5 P
/ 17 (14)
te
- logged cuttings from 55 to 80 feet
80 70#
75 •
so / .I.• .
• ••• • 19 50/6"
Sandy GRAVEL (GP): very dense, brown, moist,
fine to coarse, coarse-grained sand
85 DRILLING METHOD: 5.25-in. dia. Rotary Wash
HAMMER TYPE: Rope and Cathead
RIG TYPE: Failing 1500
DRILLED BY: Pitcher, Ralph & Larry
LOGGED BY: J. Hagen
BORING DEPTH: 83.0 ft
DEPTH TO WATER: Not Encountered
BACKFILL: Neat Cement
COMPLETION DATE: January 24, 2003
NOTES: 1. Terms and symbols defined on Plate A-1.

LOG OF BORING NO. B-4
Hanson Aggregates
Richmond, California
BORING LOG OAK GAENGINEEMINTPROJECTS1484-004_V110402.0PJ LIBRARY_C-1104020AK.GLB 3/7/03 06:29 a

Page 493 of 518 ends

Sheet 1
Project No. 1484.004
Pu-0
g drem
10 d
zLu
F"'
g
111
? -a •
.--cr
i.g
.....-
cr a
La= &-18s
1 1/1o IJJ
...i ce
CO ci.

LOCATION: East retaining wall (about 820 feet west of Hopper) SURFACE EL: ft +/- (rel. MSL datum)

MATERIAL DESCRIPTION
,I
zi.:z x
>- 2Ew
*cc F.--
LuzL-Lu
gii-0
ow3u)-u)Lo
g. 8,u
oe-m E
Fig-.
=..o mP 0
u).g.5
re ...
62x 5
(0 `°csILI I—
z0ffi
03 I-.
)uLuI-
ccw
I—
o
—NAsphalt Concrete (1 inch) /--
\
,, n
\
1 mr,- . (50/6")
Clayey GRAVEL (GC): very dense, brown,
moist, fine to coarse (FILL)
......... SANDSTONE: hard to very hard, gray, fresh to slightly weathered, fine-grained sand
\
\
5 \... Z 50/3"
-
- ..... ..
10-
_
-
..
15 -
.. ..... .....
-
-
1 DRILLING METHOD: 5.25-in. dia. Rotary Wash
HAMMER TYPE: Rope and Cathead
RIG TYPE: Failing 1500
DRILLED BY: Pitcher, Ralph & Larry
LOGGED BY: J. Hagen
1 BORING DEPTH: 5.5 It
DEPTH TO WATER: Not Encountered
BACKFILL: Neat Cement
COMPLETION DATE: January 24, 2003
NOTES: 1. Terms and symbols defined on Plate A-1.

LOG OF BORING NO. B-5
Hanson Aggregates
Richmond, California
BORING LOCI OAK GAENGINEERNGIN71PROJECTS11484-004 V110402APJ LIBRARY 0,1104020AK.GLB 317103 01314 a -

Page 494 of 518 ends

Project No. 1484.004
BORING DEPTH: 4.0 ft
DEPTH TO WATER: Not Encountered
BACKFILL: Neat Cement
COMPLETION DATE: January 24, 2003
NOTES: 1. Terms and symbols defined on Plate A-1.

DRILLING METHOD: 5.25-In. dia. Rotary Wash
HAMMER TYPE: Rope and Cathead
RIG TYPE: Failing 1500
DRILLED BY: Pitcher, Ralph & Larry
LOGGED BY: J. Hagen
a
-x
RwCa
...1_,
g 0cd,
Wm)-go
....•y
zw
et
3a
w._>.

I—ce
'LI
°-
— ..-.1-- acez .

ILI LLI710W
.i-c;),i
cT) al'
-42.ce
LOCATION: Edge of parking tot, next to dredge spoils (about 10Met west of Hopper) SURFACE EL: ft +/- (rel. MSL datum)

MATERIAL DESCRIPTION
ZO
01 SP-o W>
'
Oggii.
o0
c'2
2ags-R c4ou
*-21.:2.1--'
Rna
0 3c.

D(ia°.WI-
3(4R iii
o
go
•••• ...no% • VI •
coi—
c.)
x
Ljo
\Asphalt Concrete (AC), 1 inch /—
\ ,..M (83/10"
Clayey GRAVEL (GC): very dense, brown,
damp, fine to coarse, some day (FILL)
\ Z
• ' ' ' • "
\Zve,
zi).. Z 50/3"
SANDSTONE: hard to very hard, gray, fresh to
slightly weathered, fine-grained sand
5 -
'
-
-
'
10-
-
-
15 -
-
"
-
-
1 LOG OF BORING NO. B-6
Hanson Aggregates
Richmond, California
— BORING LOG OM GAENGINEEMB1PROJECTS11484-004 s/110402.GPJ UBRARY_C-1104020AK.GL8 317/03 05:14 a

Page 495 of 518 ends

FUGRO Site : PT. POTRERO
Location : CPT-01
Engineer : J. HAGEN
Date : 01: 22: 03 07:66
- 50.0 Max. Depth: 18.37 (ft)
Depth Inc.: 0.164 (ft)
SBT
0 12
SBT: Soil Behavior Type (Robertson 1990)
- 40.0.
qt (tsf) l's (tsf) (psi)
400 0 20 0 200 10

0.0 .11111 111111111 111111111 111 111
HAND At/GERED HAND AtJGERED HAND AliGERED HAND AbGERED
-5.0
-10.0
-15.0
is
C. -20.0
.0
Q.a) -25.0c:t 4.
-30.0'
-35.0
U Rf (%)
11-1111
Undefined
Carey GU
fifitifiendAkdad
1 =I NMI ana NMI all Ma IIla 111111 111O SIN IIla 11111 all

Page 496 of 518 ends

FUGRO Site : PT. POTRERO
Location : CPT-03
Engineer : J. HAGEN
Date : 01: 22: 03 09:46
EGGF
RI' (%) SBT
10 0 12
U (psi)
0 200
IIIIIIIl
HAND AtIGERED
Silt
Sandy Silt
Silt
caves silt
Oay
SBM Soil Behavior Type (Robertson 1990)
Oary silt
Elaaaitive lama
aa,a7
StiffamandcW
OaanadadSaM
Stittrina Gnabond
HAND AtIGEREDHAND 4JGERED
NS IS 11111 MI 11111 11111 NMV
qt (tsf)

HAND AVGERED
-5.0
-50.0 Max. Depth: 46.42 (ft)
Depth Inc.: 0.164 (ft,)
fs (tsf)
400 0 20 •

Page 497 of 518 ends

FUGRO Sitete : PT. POTRERO
Location : CPT-04
Engineer : J. HAGEN
Date : 01: 22: 03 11:21
10liii1

HAND APGERED
-50.0 Max. Depth: 50.03 (ft)
Depth Inc.: 0.164 (ft)
qt (tsf)
0 0.0
-5.0
- 10.0
-15.0
=7;C4- -20.0
a
▪
.
.0
• -25.0
-30.0
- 35.0
-40.0
- 45.0
i's (tsf)
400 0 20
HAND AbGERED
SIMI Soil Behavior Type (Robertson 1990)

Page 498 of 518 ends

qt (tsf) fs (tsf) U (psi)
20 0 200
Rf(%) SBT
10 0 120 400 0
FUGRO Sitee : PT. POTRERO
Location : CPT-05
Engineer : J. HAGEN
Date : 01: 22: 03 12:25

0.0 -5.0
- 10.0
- 15.0
-20.0
-25.0
-30.0
- 35.0
-40.0
- 45.0
- 50.0 Max. Depth 45.77 (ft)
Depth Inc.: 0.164 (ft)
a
SHI: Soil Behavior Type (Robertson 1990)
gmlim
HAND A1JGERED
III
HAND A1JGERED

Page 499 of 518 ends

SBT
10 0 12
RI' (%)
Depth Inc:. 0.164 (ft)
qt (tsf)

0. 0
HAND AtIGERED
4-,
4- -20.0
-30.0'
-35.0i
-45.0.
-50.0

Max. Depth 11.81 (ft)
fs (tsf)
400 0 20
-40.0r
SBT: Soil Behavior Type (Robertson 1990)
FUGRO Site : PT. POTRERO
Location : CPT-06
Engineer : J. HAGEN
Date : 01: 22: 03 13:44
HAND AtJGERED Undefined
‘y! **********
isse
3 1
1 Silty Sand/rand
Sandy Silt
Silt
Chow Silt
Silty Send/Send
Send
111111111

HAND AIJGERED

Page 500 of 518 ends
Page 501 of 518 ends
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Page 505 of 518 ends
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Page 507 of 518 ends
Page 508 of 518 ends
Page 509 of 518 ends

APPENDIX B

HISTORICAL LABORATORY TEST DATA

Page 510 of 518 ends
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Page 513 of 518 ends
Page 514 of 518 ends
Page 515 of 518 ends

A
T
I
X
80 70
60 50
40 30
20 10
•
CL-ML
0 0 20 40 60 80 100 120

LIQUID LIMIT
Key Symbol Boring No. Depth (Feet)Liquid Limit Plasticity Index
Liquidity
Index
Water Content
(A)
% Passing
#200 Sieve USCS
0 B1 25.5 46 25 1.321 54 CL
CC
Ct.

BIRK"111.1;r 111111111111111n 0111111•1_
PRIM) 8Y:

PLASTICITY CHART AND DATA FIGURE
APPO 8Y:

B-1OAT&
/1n 1/
L
I 11121.111111011%.11.11
1111110111110114SION
2114/03 HANSON AGGREGATES
Port of Richmond, CaliforniaMG ALE:
1484004.GPJ
PROJECT No.
1484.004

Page 516 of 518 ends

HYDROMETER
f."
CM
5 ca
0 CG
100 10
ICobbles Gravel
Coarse I Fine
Key
Symbol
Boring
No.

Depth
(Feet)
% Passing No.
200 Sieve
• B1 5.5 14
Cri B2 1.5 5
% Passing No.
4 Sieve Sample Descsription
48 Brown sandy GRAVEL, trace silt
22 Rust brown GRAVEL, some sand
USCS
GM
GP
U.S. SIEVE OPENING IN INCHES U.S. SIEVE NUMBERS
6 4 3 2 1.5 1 3/4 1/23/8 3 4 6 810 1416 20 30 40 50 70 100140 200 100
90 P 80
E
P 60A
1 50
y 40
30 20
10 0
1 0.1GRAIN SITE IN MILLIMETERS
Sand
CoarseI Medium I Fine Silt and Clay

0.01 w2
lijtuwUN-isimurzi nLE.—
CiAmommilmuwa l
EmminisseNuimags.

PREP° BY:

APPO BY:

DATE.
2/14/03
OWE FILE.
1484004.GPJ

GRADATION TEST DATA

HANSON AGGREGATES
Port of Richmond, California
FIGURE
B-2
PROJECT No.
1484.004

Page 517 of 518 ends

www.engeo.com

Page 518 of 518 ends

G

Technical Provisions
62 Engineer.

The contract unit price paid for each “Repair Deck” [Bid Item 8] 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 Engineer.

TS-5 SUPPLEMENTAL WORK
The Engineer may request the Contractor perform Extra Work as defined in Section 4-1.05 of the Standard Specifications and these Special Provisions. This item has been included in the contract to cover modifications to the work necessitated by field conditions. The Engineer may request the Contractor provide a proposal to perform this work in either lump sum or time and materials basis.

The Engineer will pay time and materials under the Force Account provisions of the Standard Specifications. If approved, the Engineer will issue a change order paid under the Supplemental Work item.

MEASUREMENT AND PAYMENT
Supplemental Work (Bid Item 8) is an allowance. This item is a contingent bid item as described in Section 5-1.10 of these Special Provisions. The Engineer may increase, decrease, or eliminate these items of work. If this occurs, the Engineer shall allow no unit price adjustment or additional compensation.

TS-6 FINAL SITE CLEANUP
On completion of the work, the Contractor shall clean all portions of the project area to pre project conditions.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.

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