Richmond City Council
June 23, 2026

June 23, 2026
In March 2026 the solicitation was issued as, a Notice to Contractors, Bid Proposal, and Special and Technical Provisions for the General Warehouse Graffiti Removal project through the City's procurement platform, PlanetBids (BidsOnline) (Attachment 2). A site inspection was held on April 7, 2026, at the project site. Three responsive bids were received by the deadline of April 23, 2026 (Attachment 3). The Engineer's estimate for the base bid work was approximately $130,000. Bid results are as follows:

Table of three responsive bids
Contractor Location Bid Amount
All Star Painting KD Inc. Grass Valley, CA $87,777
PPWPM San Ramon, CA $94,800
NonPareil Ventures LLC San Rafael, CA $130,000
All three bidders were reviewed for responsiveness. All Star Painting KD Inc. submitted the lowest responsive bid at $87,777, which is $42,223 below the Engineer's estimate (Attachment 4). The firm holds valid California State Contractor's License Classification (C) types: C-33 defined as Painting and Decorating Contractor, C-61 is for Limited Specialty Contractor, and D41 is for Siding and Decking Contractor. They hold a state License No. 1102242 and a valid Department of Industrial Relations (DIR) registration (No. 2000004) which are both required for this contract.

In their proposal the firm stated they approach structures with a “preservation first” mindset and will prioritize the integrity of the historic building’s envelope while ensuring a 100 percent clean finish is accomplished. The firm provided documentation demonstrating the equipment, materials, trained staff, and experience needed to complete this work. The firm provided three similar projects involving historic structures, strong municipal client references, and the capacity to provide additional services and hours if needed.

Port staff recommend that the City Council adopt a resolution to approve a contract with All Star Painting KD Inc. for graffiti removal of historic concrete surfaces, for a one-year term in a not-to-exceed contract amount of $87,777 (Attachments 5 and 6).

SYNERGISTIC POLICIES:

City Council Goals and Priorities – Strategic Goal Area 2.5: Revitalization of the Port.

This contract will advance the Port’s goal to refresh Port marine terminals while maintaining a clean accessible, visual appealing location for all to enjoy.

DOCUMENTS ATTACHED:

Attachment 1 – Map
Attachment 2 – Notice to Contractors, Bid Proposal, and Special and Technical Provisions for the General Warehouse Graffiti Removal
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June 23, 2026
Attachment 3 – Bid Summary Report
Attachment 4 – Bid Matrix
Attachment 5 – Resolution
Attachment 6 – Contract
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WV

GENERAL WAREHOUSE

REMOVE GRAFFITI FROM

CONCRETE AND APPLY

ANTI-GRAFFITI COATING SEE
A
B
C
D
E
F
1 C-2

REMOVE GRAFFITI FROM

CONCRETE AND APPLY

ANTI-GRAFFITI COATING SEE
1 C-2

REMOVE GRAFFITI FROM

CONCRETE AND APPLY

ANTI-GRAFFITI COATING SEE
2 REMOVE GRAFFITI FROM C-2

CONCRETE AND APPLY
ANTI-GRAFFITI COATING SEE 2
C-2

FACE OF LOADING DOCK

LOADING DOCK

FACE OF LOADING DOCK

LOADING DOCK
RAMP

LOADING DOCK

FACE OF

LOADING DOCK

FACE OF

LOADING
DOCK

PHOTOGRAPH A PHOTOGRAPH B PHOTOGRAPH C PHOTOGRAPH D

PHOTOGRAPH E

PHOTOGRAPH F MARINA WAY S

MACDONALD AVE RICHMOND
PKWY
HALL
AVE

FORD CHANNEL

CANAL BLVD

CUTTING BLVD
W. OHIO AVE.

I-580 HARBOUR WAY

CASTRO ST
CLIFF

DORNAN DR

WHARFST
SEA
DR.

SANTA FE CHANNEL

HARBOR CHANNEL

BNSF RR

BNSF RR

VICINITY MAP
NTS

HARBOR CHANNEL

RICHMOND INNER
HARBOR

WASTEWATER

TREATMENT
PLANT

PROJECT LOCATION

GENERAL WAREHOUSE GRAFFITI REMOVAL

SITE PLAN
1"=20'

CONSTRUCTION NOTES

1. CONTRACTOR TO REMOVE GRAFFITI FROM BUILDING AND DOCK FACE INCLUDING DOORS, WINDOWS, AND APPURTENANCES.

NOTE THIS INCLUDES NON TREATED CONCRETE AND METAL
SURFACES.

2. CONTRACTOR TO FIELD VERIFY CONDITIONS PRIOR TO BID.

PHOTOGRAPHS DO NOT SHOW ALL AREAS OF GRAFFITI.

3. CONTRACTOR MAY USE A PAINT REMOVAL PRODUCT PROVIDED
IT IS LEGAL FOR USE IN THE STATE OF CALIFORNIA.

4. CONTRACTOR MAY POWER WASH TO REMOVE GRAFFITI.

HOWEVER, THE PRESSURE SHALL BE REDUCED TO PREVENT
DAMAGE TO THE CONCRETE SURFACE.

5. CONTRACTOR TO PREVENT STAINING OF SURFACES DURING
POWER WASHING.

6. CONTRACTOR SHALL VACUUM ALL WATER AND DEBRIS. ALL
REMOVED MATERIAL SHALL BE DISPOSED LEGALLY.

7. SEE TECHNICAL PROVISIONS FOR ADDITIONAL REQUIREMENTS.

Prepared Under the Direction of:

California
State Of
Contra Costa
County Of
RIchmond
City Of PORT OF RICMOND GRAFFITI REMOVAL GENERAL WAREHOUSE 1 10.20.2025 BID ADDENDUM 1 RCS RCS RCS P:\Shared\Projects\2023\2300125 Port of Richmond\01-PPMT\GW-Graffiti\graffiti.dwg 03/23/2026 - 04:40 PM sterc 1:1 C-1
Sheet
Plan File:

Project Number:

D-XXXX-XX
20235125-10
Scale:

Date:

AS SHOWN

03.23.2026 Rev Date Description Designed Drawn Checked
121 PARK PLACE
RICHMOND, CA 94801
415.883.9850
©2024

ENGINEERING

LANDSCAPE ARCHITECTURE

SURVEYING

URBAN PLANNING
WWW.CSWST2.COM
Graphic Scale (in feet)
20 0 20 40
1 inch = 20 ft.
1149
1 2 3 4 5 6 7 8 9 10 11 12 13 14
18'-6"
2ND FLOOR
3'-0"
1ST FLOOR
32'-6"
3RD FLOOR
46'-6"
4TH FLOOR
62'-6"

TOP OF PARAPET
69'-6"

MAX HEIGHT
20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 10'

APPLY ANTI-GRAFFITI COAT
(4,000 SF) A B C D E F G H
18'-6"
2ND FLOOR
3'-0"
1ST FLOOR
32'-6"
3RD FLOOR
46'-6"
4TH FLOOR
62'-6"

TOP OF PARAPET
69'-6"

MAX HEIGHT
20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0"

APPLY ANTI-GRAFFITI COAT
(2,000 SF)
DETAIL 1: TYPICAL EAST/ WEST ELEVATION

NO SCALE
Prepared Under the Direction of:

California
State Of
Contra Costa
County Of
RIchmond
City Of PORT OF RICMOND GRAFFITI REMOVAL GENERAL WAREHOUSE 1 10.20.2025 BID ADDENDUM 1 RCS RCS RCS P:\Shared\Projects\2023\2300125 Port of Richmond\01-PPMT\GW-Graffiti\graffiti.dwg 03/23/2026 - 04:40 PM sterc 1:1 C-2
Sheet
Plan File:

Project Number:

D-XXXX-XX
20235125-10
Scale:

Date:

AS SHOWN

03.23.2026 Rev Date Description Designed Drawn Checked
121 PARK PLACE
RICHMOND, CA 94801
415.883.9850 ©2024

ENGINEERING

LANDSCAPE ARCHITECTURE

SURVEYING

URBAN PLANNING
WWW.CSWST2.COM
DETAIL 2: TYPICAL NORTH/SOUTH ELEVATION

NO SCALE
1150
City of Richmond General Warehouse Graffiti Removal
`

CITY OF RICHMOND
PORT DEPARTMENT ______________________________________________________________________________

NOTICE TO CONTRACTORS

BID PROPOSAL
AND

SPECIAL AND TECHNICAL PROVISIONS
FOR

GENERAL WAREHOUSE GRAFFITI REMOVAL
MARCH 2026
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City of Richmond General Warehouse Graffiti Removal
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City of Richmond General Warehouse Graffiti Removal
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PORT OF RICHMOND, CONTRA COSTA COUNTY, CALIFORNIA

GENERAL WAREHOUSE GRAFFITI REMOVAL
The special provisions contained herein have been prepared for construction by or under the direction of the following Registered Person.

03.23.2026
Robert Stevens
Registered Civil Engineer, Number 58660
CSWST2
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TABLE OF CONTENTS
GENERAL WAREHOUSE GRAFFITI REMOVAL.................................................................... 1 INTRODUCTION .......................................................................................................................... 1 INVITATION FOR BIDS .............................................................................................................. 3 INSTRUCTIONS TO BIDDERS ................................................................................................... 6 BID PROPOSAL .......................................................................................................................... 19 BID SCHEDULE.......................................................................................................................... 20 CONTRACTOR QUESTIONS .................................................................................................... 24 SUBCONTRACTOR FORM ....................................................................................................... 25 PUBLIC CONTRACT CODE...................................................................................................... 28 DEBARMENT AND SUSPENSION CERTIFICATION....................................................... 30 BIDDER’S NON-COLLUSION AFFIDAVIT ............................................................................ 31 BIDDER’S BOND........................................................................................................................ 32 PERFORMANCE BOND............................................................................................................. 34 PAYMENT BOND....................................................................................................................... 36 FIRST SOURCE AGREEMENT ................................................................................................. 38 SPECIAL PROVISIONS.............................................................................................................. 39 SECTION SP-1 – STANDARD SPECIFICATIONS .......................................................... 40 SECTION SP-2 – PLANS AND SPECIFICATIONS.......................................................... 41 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT ................................... 42 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ................................................................................................... 44 SECTION SP-5 - PUBLIC NOTICES.................................................................................. 47 SECTION SP-6 – WATERING............................................................................................. 48 SECTION SP-7 – GENERAL................................................................................................ 49 SECTION SP-8 – NOT USED ............................................................................................... 57 SECTION SP-9 – NOT USED ............................................................................................... 57 SECTION SP-10 – MOBLIZATION.................................................................................... 57 SECTION SP-11 – STORM WATER POLLUTION CONTROL .................................... 58 SECTION SP-12 – TEMPORARY TRAFFIC CONTROL ............................................... 59 1154
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SECTION SP-13 – NOT USED ............................................................................................. 64 SECTION SP-14 - DISPOSAL OF MATERIALS .............................................................. 64 SECTION SP-15 - EXISTING UTILITIES ......................................................................... 66 SECTION SP-16 – PRESERVATION OF PROPERTY .................................................... 68 SECTION SP-17 – NOT USED ............................................................................................. 69 SECTION SP-18 – NOT USED ............................................................................................. 69 SECTION SP-19 – NOT USED ............................................................................................. 69 SECTION SP-25 – NOT USED ............................................................................................. 69 SECTION SP-26 – NOT USED ............................................................................................. 69 TECHNICAL PROVISIONS ....................................................................................................... 70 TS-1 GRAFFITI REMOVAL (HISTORIC CONCRETE SURFACES) .......................... 71 TS-2 ANTI-GRAFFITI COATING ...................................................................................... 73 TS-3 SITE CLEAN-UP........................................................................................................... 74 TS-4 ALLOWANCE............................................................................................................... 74 APPENDIX A – CONTRACT................................................................................................ A APPENDIX B – CITY OF RICHMOND – FIRST SOURCE AGREEMENT...................B APPENDIX C – CITY OF RICHMOND – INSURANCE REQUIREMNTS – CONSTRUCTION PROJECTS..............................................................................................C 1155
City of Richmond General Warehouse Graffiti Removal
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:

GENERAL WAREHOUSE GRAFFITI REMOVAL

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 1156
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Introduction
2 END OF INTRODUCTION
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City of Richmond General Warehouse Graffiti Removal
Invitation for Bids
3 CITY OF RICHMOND

PORT DEPARTMENT

INVITATION FOR BIDS
BID OPENING: The City of Richmond will receive sealed bids for the General Warehouse Graffiti Removal Project electronically through BidsOnline until 2:00pm PST on Thursday April 23, 2026. All bid forms must be electronically submitted by the due date and time or the bid will not be considered.

INSPECTION: The City of Richmond will allow prospective vendors to inspect the site located next door to 1322 Canal Boulevard in Richmond on April 7, 2026 from 10:00AM PST to 11:00AM PST.

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 April 10, 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 April 15, 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 graffiti removal from the General Warehouse 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:
$130,000.

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.

Once the vendor downloads any documents relative to a solicitation, that vendor’s name will appear on the prospective bidders list for that project and will receive any addenda or notifications relating to this bid.

BID DEPOSIT: A certified check or bank draft, payable to the order of the City of Richmond, negotiable U.S. Government Bonds (at par value) or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total bid shall be submitted with each bid. A bidder shall not be relieved of the bid unless by consent of the City nor shall any changes be made in the bid because of mistake, but a bidder may bring an action in the Superior Court of Contra Costa County for recovery of any amount forfeited, without interest or 1158
City of Richmond General Warehouse Graffiti Removal
Invitation for Bids
4 costs. A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project.

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

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

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

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

RESPONSIBILITY FOR VERIFYING CONTRACT ADDENDA: All bidders shall verify if any addenda for this project have been issued by the City of Richmond. It is the bidders’ responsibility to ensure that all requirements of contract addenda are included in the bidder’s proposal. All bidders shall include a signed copy of all contract addenda with the proposal. Failure to comply with this requirement shall cause the proposal to be considered as non-responsive and shall be grounds for rejection of the bid.

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 C-61/ D-38 or C-33 Contractor’s license is required to bid this Contract. Joint ventures must secure a joint venture license prior to award of this Contract.

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.
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City of Richmond General Warehouse Graffiti Removal
Invitation for Bids
5 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.

END OF INVITATION FOR BIDS
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City of Richmond General Warehouse Graffiti Removal
Instructions to Bidders
6 CITY OF RICHMOND

PORT DEPARTMENT

INSTRUCTIONS TO BIDDERS

1. GENERAL INFORMATION
A. Bids are invited for construction for the General Warehouse Graffiti Removal.

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. 1161
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Instructions to Bidders
7 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 1162
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Instructions to Bidders
8 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, and modifications thereof, if any, shall be delivered to the office of the City Clerk, City of Richmond, County of Contra Costa, California, on or before the day and hour set for the opening of bids in the Notice Inviting Bids, enclosed in a sealed envelope, and bearing the Project No. and Title of the work and the name of the bidder.

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.

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 C-33. Please note that there are other licensing requirements for particular 1163
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Instructions to Bidders
9 items of work; this licensing requirement may be satisfied by a listed subcontractor at time of bid.

5. TIME LIMITS OF WORK
The work to be performed shall be completed within 20 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. 1164
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Instructions to Bidders
10 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.
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Instructions to Bidders
11 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 1166
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12 may make an award of the principal Contract, to execute a Non-Collusion Affidavit.

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

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

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

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

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

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

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

17. PERMITS
The Contractor shall obtain and pay for encroachment, and other permits required by the Contract, City Ordinance or any other agency, necessary for the construction of the work, unless otherwise specifically provided for in other contract documents. The Contractor and 1167
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Instructions to Bidders
13 their subcontractors shall obtain and pay for all licenses required the City including a City business license. The Contract and its sub-Contractor are required to secure a City encroachment permit; the Contractor at its option may include one or more of their subContractors under their encroachment permit.

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 1168
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Instructions to Bidders
14 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.

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.
1169
City of Richmond General Warehouse Graffiti Removal
Instructions to Bidders
15 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) 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
1170
City of Richmond General Warehouse Graffiti Removal
Instructions to Bidders
16 All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. 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 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:
1171
City of Richmond General Warehouse Graffiti Removal
Instructions to Bidders
17 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.

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 1172
City of Richmond General Warehouse Graffiti Removal
Instructions to Bidders
18 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.

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
1173
City of Richmond General Warehouse Graffiti Removal
Bid Proposal
19 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. ____________________________________

GENERAL WAREHOUSE GRAFFITI REMOVAL
The work to be done and referred to herein is in the City of Richmond, Contra Costa County, State of California.

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

To the City of Richmond Port Department:

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
1174
City of Richmond General Warehouse Graffiti Removal
Bid Schedule
20 City of Richmond
Port Department

BID SCHEDULE

BASE BID

ITEM DESCRIPTION QUANTITY UNIT UNIT COST
($/UNIT)
COST
($)
1 Graffiti Removal Test 1 LS
2 Graffiti Removal 1 LS
2 Apply Anti-Graffiti Coating 15,000 SF
3 Supplemental Work 1 Allow $10,000 $10,000
ALLOW = Allowance, LS = Lump Sum

BID SUMMARY

BASE BID

TOTAL PRICE
IN FIGURES $

TOTAL PRICE IN
WORDS
1175
City of Richmond General Warehouse Graffiti Removal
Bid Schedule
21 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. 1176
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Bid Schedule
22 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. 1177
City of Richmond General Warehouse Graffiti Removal
Bid Schedule
23 IMPORTANT NOTICE: On a separate sheet of paper, provide the following information. If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; if co-partnership, state true name of firm and names of all individual copartners composing firm; or, if individual, state first and last names in full.

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

Address of Bidder: Corporate Seal:

State of Incorporation

END OF BID SCHEDULE
1178
City of Richmond General Warehouse Graffiti Removal
Subcontractor Form
24 City of Richmond
Port Department

CONTRACTOR QUESTIONS
(Submit with Bid)

1. Describe experience with graffiti removal on historic or architecturally sensitive structures.

2. Provide at least three (3) completed project references of similar scope, including owner contact information.

3. Describe the equipment to be used, including pressure washing systems. 1179
City of Richmond General Warehouse Graffiti Removal
Subcontractor Form
25 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. 1180
Subcontractor Form
26 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
1181
Debarment and Suspension Certification
27 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
1182
Debarment and Suspension Certification
28 City of Richmond
Port Department

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

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

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

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes_____ No_____
If the answer is yes, explain the circumstances in the following space. 1183
Debarment and Suspension Certification
29 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
1184
Debarment and Suspension Certification
30 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
1185
Bidder’s Non-Collusion Affidavit
31 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
1186
Bidder’s Bond
32 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 1187
Bidder’s Bond
33 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
1188
Performance Bond
34 City of Richmond
Port Department

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

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

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

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

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
1189
Performance 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 PERFORMANCE BOND
1190
Payment Bond
36 City of Richmond
Port Department

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

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

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

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

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
1191
Payment Bond
37 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
1192
First Source Agreement
38 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 B.

END FIRST SOURCE AGREEMENT
1193
Special Provisions
39 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.
1194
Section SP-1 – Standard Specifications
40 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. 1195
Section SP-2 – Plans and Specifications
41 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.
1196
Section SP-3 – Award and Execution of Contract
42 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 1197
Section SP-3 – Award and Execution of Contract
43 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. 1198
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 44 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 the Notice to Residents.

3. Prepare a storm water pollution and prevention plan (SWPPP), if required

4. Prepare a Vehicular and Pedestrian traffic control plan.

5. Provide for photo and video documentation of the existing conditions.

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 1199
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 45 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, 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.

2. The Contractor shall pay to the City of Richmond the sum of $1,000 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 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. Paint removal product.

5. Approach to removal including wet/dry vacuum plan.

The City reserves the right to require additional submittals from the Contractor that are not 1200
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 46 specifically identified above. See the Special Provisions for additional submittals required.

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:

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.
1201
Section SP-5 – Public Notices
47 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.
1202
Section SP-6 – Watering
48 SECTION SP-6 – WATERING
Watering shall conform to Section 10-4 “Water Usage”, Section 10-5 “Dust Control” ,Section 10-6 “Watering” Section 13, “Water Pollution Control,” Section 19 “Dust Palliatives” of the State Standard Specifications and these Specifications.

The Contractor shall supply the necessary labor, material, and equipment for construction water needs throughout the contract period. Construction water includes, but is not limited to, watering for dust control, and pipe testing. The Contractor shall contact East Bay Municipal Utility District (EBMUD) for a temporary water meter to supply the project. The contractor will be responsible for any fees, or deposits associated with obtaining construction water. This section applies during working and non-working periods, including weekends.

No separate payment will be made for the purpose of controlling dust caused by Contractor and public traffic.

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.
1203
Section SP-7 – General
49 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, including all revisions and amendments.

City Standard - City of Richmond Department of Public Works Standard Details 1204
Section SP-7 – General
50 Details
Contra Costa
County
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.
1205
Section SP-7 – General
51 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 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 1206
Section SP-7 – General
52 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 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- 1207
Section SP-7 – General
53 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:

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)
1208
Section SP-7 – General
54 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 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 1209
Section SP-7 – General
55 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.

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 1210
Section SP-7 – General
56 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.
1211
Section SP-10 – Mobilization
57 SECTION SP-8 – NOT USED
SECTION SP-9 – NOT USED
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
Full compensation for Storm Water Pollution Control shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. 1212
Section SP-11 – Storm Water Pollution Control
58 SECTION SP-11 – STORM WATER POLLUTION CONTROL
The Contractor shall implement a Water Pollution Control Program consistent with Section 13-2 of the Standard Specifications. This shall implement the required measures as defined in the following Standard Specification sections:

1. Section 13-4 Job Site Management

2. Section 13-5 Temporary Soil Stabilization

3. Section 13-6 Temporary Sediment Control

4. Section 13-7 Temporary Tracking Control

5. Section 13-9Temporary Concrete Washouts

6. Section 13-10Temporary Linear Sediment Barriers
No separate payment will be made for the purpose of controlling dust caused by Contractor and public traffic.

MEASUREMENT AND PAYMENT
Full compensation for Storm Water Pollution Control shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. 1213
Section SP-12 – Temporary Traffic Control
59 SECTION SP-12 – TEMPORARY TRAFFIC CONTROL
Maintaining safe and efficient traffic flow through the work zone is a high priority for the City.

For the purpose of this section, traffic relates to cars, trucks, buses, pedestrians, and bicycles. The traffic control described in this section shall be coordinated with other City projects. The Contractor’s shall conform to Sections 7-1.03 “Public Convenience,” 7-1.04 “Public Safety” and Section 12 “Temporary Traffic Control” of the State Standard Specifications, insofar as they may apply, and these Specifications.

Traffic Control shall comply with the following:

1. No work that interferes with public traffic shall begin before 8:00 a.m. or after 5:00 p.m. from Monday through Friday. Lane closure hours are limited to between 8 a.m. and 5 p.m.

2. No work is allowed on Saturday, Sunday or Holidays.

3. During lane closure operations, a minimum of one flagman controlled and unobstructed paved traffic lane, not less than 11 feet wide, shall be open for use by public traffic.

4. The Contractor shall provide flagman and other personnel to control traffic at all times.

5. The Contractor shall prepare a detailed traffic control plan for the Engineer's advance approval; no work involving traffic control may occur until the Engineer approves the Plan.

6. All signs and other warning devices (including construction and advance warning signs placed beyond the limits of work) shall be provided and maintained by the Contractor at his or her expense, and shall remain his or her property after the completion of the contract.

7. The Contractor shall provide all flaggers at his or her expense.

8. The Contractor shall provide and maintain all necessary signs to inform the public of the work.

TRAFFIC CONTROL PLAN SUBMITTAL
The Contractor shall submit a “Traffic Control Plan” in conformance with Standard Plan, “Traffic Control System For Lane Closure on Multilane Conventional Highway”, showing the proposed exact location of signs, cone taper limits, and flashing arrow sign for review and acceptance by the Engineer. Lanes shall not be closed until the traffic control plan has been reviewed and accepted by the Engineer. Plan shall also be in compliance with the latest CA MUTCD.

If required, Contractor shall submit a “Pedestrian Traffic Control Plan” showing pedestrian detours or diversions that complies with the latest CA MUTCD including but not limited to Chapter 6D, Chapter 6F. Section 6F.74, Chapter 6G. Section 6G.05, and Chapter 6H, Typical Application 28 and Caltrans Pedestrian Facilities Handbook downloadable from http://www.dot.ca.gov/hq/construc/safety/Temporary_Pedestrian_Facilities_Handbook.pdf.

All traffic control plans shall be prepared by a registered civil or traffic engineer, and shall provide sufficient information and details to show typical lane closures, channelizing, proposed detours, locations and usage of flagmen, typical construction zone signing, provisions for pedestrians, etc. The traffic control plan shall show in detail the proposed staging and sequencing 1214
Section SP-12 – Temporary Traffic Control
60 of the work together with the proposed traffic control system for each work task. The proposed traffic control system shall, in all respects, satisfy the requirements of these Special Provisions.

The Engineer will review the proposed traffic control plan and return it to the Contractor for any necessary revisions or corrections. The Contractor shall revise and resubmit the plan to the Engineer, and this process shall be repeated, until the proposed traffic control plan is accepted by the Engineer. The Contractor will not be permitted to perform any lane closures or implement any part of the traffic control plan until it has been accepted by the Engineer.

All weather and accessible access for pedestrians shall be provided at all times in and through the construction area. When a sidewalk, driveway or curb ramp is removed, the area shall be fenced and signage provided to direct pedestrians to an alternate ADA compliant route. Pedestrians shall be routed to temporary crossing points which shall be submitted to the Engineer for review and approval.

In locations where the sidewalk, driveway or curb ramp are removed, at the end of the work day the Contractor shall provide a temporary ADA compliant sidewalk, driveway or curb ramp fabricated from an accessible surface, including wood, asphalt or metal. A temporary access plan shall be submitted to the Engineer for review and approval 10 days prior to removal of the sidewalk, driveway or curb ramp.

No demolition work shall begin without the Engineer’s approval of the plans.

CONSTRUCTION AREA SIGNS
Once construction starts, the Contractor shall furnish and install construction area signs including sign required by proposition 68 grant to inform the public of the work in the area. Construction area signs shall be furnished, installed, maintained, and removed when no longer required. Signs shall be kept clean and in good repair. The Contractor’s traffic control plan shall show the location of the signs.

The Contractor shall be responsible for providing, placing, and installing all construction area signs. The signs shall not be installed on trees, utility poles, private property, traffic signals, or any other appurtenance, unless approved by the Engineer.

NO PARKING SIGNS
The Contractor’s traffic control plans shall show the locations where on street parking is to be temporarily removed. If approved by the Engineer, the Contractor shall post "NO PARKING" signs along the street to be closed not less than 72 hours in advance of the time he or she wishes to commence operations. The time and date must be written on each sign that is posted. Signs must be posted no more than 50 feet apart along the area to be cleared of vehicles. Signs shall be removed upon completion of the work in any given area or when there will be a delay between types of work (underground, concrete, pavement rehabilitation, etc.).

The Contractor shall notify the Engineer after posting said "NO PARKING" signs 72 hours before 1215
Section SP-12 – Temporary Traffic Control
61 the prohibition is to become effective.

TRAFFIC CONTROL SYSTEM
If required, the Contractor shall implement the traffic control system as approved by the Engineer.

If warranted by field conditions, the Contractor shall adjust the system as directed by the Engineer.

The Contractor shall provide and implement all traffic handling devices and equipment as described in Sections 12-3 “Temporary Traffic Control Devices” and 12-4 “Maintaining Traffic” of the State Standard Specifications.

If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component, and shall restore the component to its original location.

At the end of each workday, the Contractor shall open all streets for access and remove traffic control devices except for those providing advanced warning near work zones. Traffic control devices shall not be stored within public streets.

The Contractor shall allow traffic flow in two directions at all times providing two travel lanes of at least 11 feet each. When this is not possible, the Contractor shall provide flaggers to control traffic. The cost for flaggers is the Contractor’s responsibility.

All excavations shall be backfilled or covered with steel trench plates suitable for traffic loading, at the end of each day’s work. Trench plates shall be securely anchored in place and have temporary asphalt ramps all around. No open excavation of any depth will be permitted to remain overnight.

The Contractor shall provide access to all driveways within the work zone at all times.

TEMPORARY PEDESTRIAN ACCESS
All weather and accessible access for pedestrians shall be provided at all times in and through the construction area. When a sidewalk is removed, the area should be fenced and signage provided to direct pedestrians to an alternate route. Pedestrians shall be routed to temporary crossing points as approved by the Engineer. However, the route shall not exceed one block.

At the end of each work day, the Contractor shall make provisions to allow safe access to pedestrians through the work zone.

In locations where the sidewalk is removed and entrances to private property are obstructed, the Contractor shall provide a temporary sidewalk fabricated from wood or asphalt. The temporary sidewalk shall comply with the Americans with Disabilities Act. A temporary access plan shall be submitted to the Engineer for review and approval 10 days prior to removal of the sidewalk.

The Contractor shall provide an alternate circulation path shall be provided whenever the existing pedestrian access route in the public right-of-way is blocked by construction, alteration, maintenance, or other temporary conditions.
1216
Section SP-12 – Temporary Traffic Control
62 Where possible, the alternate circulation path shall parallel the disrupted pedestrian access route, on the same side of the street. The path shall minimize the length of detour and shall be approved by the Engineer before implementation. The alternate circulation path shall be all weather and compliant with the Americans with Disabilities Act. Where the alternate circulation path is adjacent to potentially hazardous conditions, the path shall be protected with barricades.

TEMPORARY PAVEMENT DELINEATION
When the Contractor removes striping or markings, he or she shall immediately place temporary delineation prior to opening the traveled way to public traffic.

Surfaces on which temporary pavement delineation is to be applied shall be cleaned of all dirt and loose material and shall be dry when the pavement delineation is applied. The Contractor shall perform all work necessary to establish satisfactory alignment for temporary pavement delineation.

Temporary pavement delineation that is damaged from any cause during the progress of the work shall be immediately repaired or replaced by the Contractor at their expense.

The Contractor shall not use paint on pavement that is to remain in place. In this case, the Contractor shall use Temporary Traffic Stripe and Pavement Marking Tape. Tape shall be applied to a clean dry surface and rolled slowly with a rubber tired vehicle or roller to ensure complete contact with the pavement surface in accordance with the manufacturer’s recommendations. Tape shall not be applied over existing stripes or markings. Completed stripes shall be straight on tangent alignments and shall be on a true arc on curved alignments.

Temporary pavement markers may be used to simulate the striping shown on the approved traffic control plans. The use of temporary pavement markers shall conform to the typical details for pavement markers and traffic lines shown in the State Standard Plans and as determined by the Engineer.

When no longer required for the direction of public traffic, as determined by the Engineer, the temporary traffic stripe and pavement marking tape and temporary pavement markers, applied to existing pavement, the top layer of new pavements or any other paved surface where the previously placed pavement delineation conflicts with the new traffic pattern, shall be removed and disposed of in accordance with the provisions of these Specifications, and all lines and marks used to establish the alignment for the temporary traffic stripes, pavement markings and temporary pavement markers shall be removed from the pavement.

TEMPORARY VEHICLE ACCESS
The Contractor shall provide a stable base for vehicles to travel over at the end of the workday.

This can include a class II aggregate base or cement treated base compacted adequately to support vehicle traffic without yielding. The Contractor shall apply water to control dust. The Contractor shall leave this temporary condition for the shortest period as necessary to complete the work; it shall be no more than 7 working days.

TEMPORARY PAVING
The Contractor shall place hot mix asphalt pavement in accordance with the Section 39 “Asphalt 1217
Section SP-12 – Temporary Traffic Control
63 Concrete” of the State Standard Specification as necessary to provide two lanes of travel in each direction, turn lanes, access through intersections, and accommodate any vertical transitions. In locations shown in the Plans, the Contractor shall additionally provide, place, and compact class II aggregate base to facilitate the installation of the temporary asphalt paving. When a vertical difference in excess of 1.0 inch (i.e. between new pavement and old pavement) exists either parallel or perpendicular to the vehicle’s path of travel, the Contractor shall place hot mix asphalt pavement allowing for a smooth transition to the satisfaction of the Engineer. The Contractor shall be responsible for maintaining the asphalt pavement for the duration of the project. The Contractor shall grind, remove, and dispose of the asphalt as necessary to accommodate the staging.

MEASUREMENT AND PAYMENT
Full compensation for Temporary Traffic Control shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. 1218
Section SP-14 – Disposal of Materials
64 SECTION SP-13 – NOT USED
SECTION SP-14 - DISPOSAL OF MATERIALS
The Engineer has not arranged for disposal of materials associated with construction. These materials may include, but are not limited to, general debris, soil, plastic, concrete, asphalt, pipe of various types, rock, and vegetation. The Contractor shall comply with the following:

1. Dispose of all debris and waste materials in a safe and legal manner.

2. Not burn and/ or bury waste materials within the project area.

3. Allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes, or into the storm drain system.

The Contractor shall dispose of specific material as follows:

1. All concrete and asphalt in a recycling facility.

2. All asphalt containing pavement fabric in a suitable landfill.

3. Wood and metal in a recycling facility.

4. All other materials in a suitable landfill.

The Engineer has no analytical testing data available for soil within the project limits. The Contractor shall assume that all soil has levels of contamination that exceeds environmental screening levels listed by the California Regional Water Quality Control Board for residential land use or commercial/industrial land use but is non-regulated and non-hazardous in accordance with Sections 25316 and 25317 of the State of California Health and Safety Code.

The Contractor shall be responsible for completing testing of the soil to be disposed to the satisfaction of the receiver of the soil. These tests could include, but are not limited to, heavy metals (CAM 17 metals), TPH (gas, diesel, and motor oil), semi-volatile organic compounds, pesticides, and polychlorinated biphenyls (PCBs). The Contractor shall submit to the Engineer copies of all waste manifests provided by the receiver of the soil.

The Contractor shall not stockpile and mix soil that originates from different locations of the work area or project elements. If the Contractor mixes soil, they shall be responsible for all disposal costs, including management of hazardous materials.

The Contractor shall schedule disposal of materials such that inclement weather does not impair access to the disposal facility.

Should the Contractor encounter asbestos as defined in Labor Code Section 6501.7 or a hazardous substance as defined in Health & Safety Code Section 25316 and § 25317 immediately stop working in the area of discovery and notify the Engineer. All work with hazardous substances shall be completed in accordance with Section 22 of the California Code of Regulations Division 4.5. The Engineer considers this work as a change in conditions. 1219
Section SP-14 – Disposal of Materials
65 MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in Disposal of Materials shall be considered as included in the prices paid for the various items of work unless otherwise defined in these Specifications and no additional compensation will be allowed therefor.
1220
Section SP-15 – Existing Utilities
66 SECTION SP-15 - EXISTING UTILITIES
Attention is directed to Sections 8-1.10, “Utility and Non-Highway Facilities”, and Section 15, “Existing Facilities”, of the State Standard Specifications. The scope of work of this section includes, but is not limited to, the following: removal of existing highway facilities, adjusting existing survey monuments, water valves, manholes and interconnect and monitoring well covers to grade, and protecting existing highway facilities.

The Engineer illustrates the locations of existing utilities in approximate locations in the Plans based upon record information and field review. The Contractor shall verify all horizontal and vertical locations of existing utilities and other obstructions prior to construction activities by potholing. The Contractor shall submit a log with the location of all utilities potholed to the engineer prior to excavation in an area. The contractor shall submit a log with the location of all utilities identified. If the Contractor identifies conflicts, he or she shall notify the Engineer immediately.

The Contractor shall call U.S.A. 800-227-2600 to mark the locations of all underground utilities at least forty-eight (48) hours before the intended start of excavation.

At the completion of work, the Contractor shall remove all U.S.A. painted markings by water blasting or other non-destructive method, approved by the Engineer. Sandblasting or grinding to remove markings will not be allowed.

Payment for removing U.S.A. painted markings shall be considered as included in the cost of the various items of work shown on the Bid Form Proposal and no additional compensation will be allowed therefore.

Any damage to storm drain facilities or sewer facilities due to the Contractor’s operations shall be repaired or replaced by the Contractor to the satisfaction of the Engineer at the Contractor’s expense. Any damage to gas, electric, water, telephone, or other utilities shall be repaired by the utility company at the Contractor’s expense.

The Contractor shall be responsible for coordinating with all utilities for the repair, adjustment or relocation of utility facilities.

The Contractor shall coordinate the work and cooperate with the utility companies during construction.

DELAYS
The Contractor shall receive no additional compensation for delays or inconvenience caused by utility relocations and / or adjustments. The delay caused by these relocations and/or adjustments shall not count towards the Contractors’ “working days”. 1221
Section SP-15 – Existing Utilities
67 SURVEY MONUMENTS
Existing survey monuments shall be preserved, referenced or replaced pursuant to the requirements of State of California Streets and Highways Code Sections 732.5, 1492.5 and 1810.5 and Business and Professions Code Section 8771 and the following:

1. The Contractor shall not disturb permanent survey monuments or bench marks without consent of the Engineer. The Contractor shall bear the expense of replacing any monument or bench mark that may be disturbed without permission. Replacement shall be done only with the direction of, and in the presence of, the Engineer.

2. Should the Contractor, during the course of construction, encounter a survey monument or bench mark not shown on the plans for the work, he/she shall promptly notify the Engineer, in writing, so that the monument or bench mark may be properly referenced, preserved and/or restored.

MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in the work contained in this section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. 1222
Section SP-16 – Preservation of Property
68 SECTION SP-16 – PRESERVATION OF PROPERTY
The Contractor’s attention is directed to Section 5-1.36 “Property and Facility Preservation” of the State Standard Specifications. Building, fences, signs, walls, headers, curbs, gutters, sidewalks, driveways, curb ramps, pavements, hardscape, irrigation systems, drains, utilities, and any other features which are not designated to be removed shall be protected in place. Any damage to these facilities shall be repaired by the Contractor entirely at his or her expense as directed by the Engineer.

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

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

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

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

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

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

UTILITIES
The Contractor shall telephone Underground Service Alert (USA) at (800) 227-2600 or 811 a minimum of two working days prior to start of work so that underground facilities can be 1223
Section SP-16 – Preservation of Property
69 approximately located and marked on the surface by the various utilities.

The Contractor shall, prior to start of construction, excavate and pothole and determine the exact locations, both horizontally and vertically, of all utilities within the roadway in the Project area.

Any utilities that are in conflict with the proposed work shall be relocated by the respective utility companies. If any utilities are in conflict with the proposed work, the Contractor shall notify the Engineer in writing of the location and elevation of the utility line that is in conflict. The Contractor shall coordinate all work with the utility companies under the direction of the Engineer.

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.

SECTION SP-17 – NOT USED
SECTION SP-18 – NOT USED
SECTION SP-19 – NOT USED
SECTION SP-25 – NOT USED
SECTION SP-26 – NOT USED
1224
Technical Provisions
70 TECHNICAL PROVISIONS
These technical provisions were prepared by:

03.23.2026
Robert Stevens
Registered Civil Engineer, Number 58660
CSWST2
1225
Technical Provisions
71 TS-1 GRAFFITI REMOVAL (HISTORIC CONCRETE SURFACES)
This section includes specifications for the removal of graffiti from existing concrete surfaces on the General Warehouse as shown on the Plans. The work includes evaluation of existing conditions, testing and approval of cleaning methods, removal of graffiti using approved techniques, neutralization and rinsing of treated areas, containment and disposal of all residues, protection of adjacent materials, and application of anti-graffiti coating if shown. All work must be performed in a manner that preserves the historic character and physical integrity of the structure.

Graffiti removal must comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and Section 5-1.06, “Quality Assurance.” Cleaning must be performed using the least aggressive means necessary to remove graffiti without damaging or altering the substrate. Methods that result in etching, discoloration, loss of surface material, or changes in texture are not permitted.

Submit a graffiti removal work plan that describes the proposed methods, equipment, sequence of work, and procedures for containment and disposal of waste. Submit product data and Safety Data Sheets (SDS) for all cleaning agents and coatings. Provide documentation demonstrating experience with at least three similar projects involving historic structures. Submit test patch locations and documentation of results, including photographs. Do not begin work until the Engineer authorizes the submittals.

Before beginning production work, perform test patches at locations designated by the Engineer to demonstrate the effectiveness of the proposed cleaning methods. Approved test patches establish the standard for the work. Cleaning methods used in the field must match the approved test patches.

Comply with Section 5-1.13, “Water Pollution Control” of the Standard Specifications. Prevent runoff, debris, and cleaning residues from entering storm drain systems or waterways. Provide containment, collection, and proper disposal of all wastewater and materials in accordance with applicable regulations.

Protect adjacent surfaces, including masonry, metal, wood, landscaping, and architectural features, from damage. Prevent staining, etching, or physical damage to non-target surfaces.

Repair any damage caused by your operations at your expense.

MATERIALS
Cleaning agents must be specifically formulated for graffiti removal from concrete and must not damage or alter the appearance of the substrate. Use non-acidic and non-caustic products unless otherwise authorized. Cleaning agents must not contain methylene chloride unless approved.

Where feasible, use biodegradable products. Gel or paste formulations must be used on vertical surfaces to control runoff and improve effectiveness. Use potable water for cleaning and rinsing unless otherwise authorized.
1226
Technical Provisions
72 TESTING
The Contractor shall complete testing of the graffiti removal at no less than four (4) locations designated by the Engineer. Each test shall be no less than 10 square feet. The Contractor shall calibrate the removal method to protect the building. If damage occurs and the Contractor cannot adjust their approach, the Engineer will terminate the contract and no additional compensation will be paid besides the testing line item.

CONSTRUCTION
Remove graffiti using the least aggressive method necessary to achieve acceptable results. Do not remove or damage original surface material. Prior to cleaning, evaluate the condition of the surface, including cracking, spalling, or previous coatings, and identify the type of graffiti present. Notify the Engineer of any condition that may affect the work.

Before cleaning, protect adjacent areas and install containment systems to capture runoff and debris. Pre-wet surfaces if required to reduce absorption of cleaning agents.

Perform graffiti removal using methods authorized by the Engineer. Acceptable methods include low-pressure water cleaning not exceeding 500 psi unless otherwise authorized, application of approved chemical cleaning agents in accordance with manufacturer recommendations, manual cleaning using soft brushes or non-metallic pads, and poultice systems for deeply embedded graffiti. Do not use abrasive blasting, sandblasting, high-pressure washing exceeding specified limits, grinding, or wire brushing.

Apply cleaning agents in accordance with manufacturer instructions, allow sufficient dwell time, and agitate lightly if required. Rinse thoroughly using low-pressure water. Repeat the cleaning process as necessary to remove graffiti without damaging the substrate.

Neutralize surfaces as required by the cleaning agent manufacturer to ensure that no harmful residues remain. All residues and runoff must be contained, collected, and disposed of in accordance with applicable environmental regulations. Do not allow pollutants to enter the storm drainage system.

Finished surfaces must be free of visible graffiti and must match the surrounding untreated surfaces in color and texture. The work must not result in damage, discoloration, or alteration of the historic material. Areas that do not meet these requirements must be re-cleaned at your expense using methods acceptable to the Engineer.

For purpose of bidding, the graffiti on the building shall be the condition five (5) days prior to the bid date.

PAYMENT
The contract lump sum price paid for “Graffiti Removal Test” (Bid Item 1) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in testing removal complete in place, including cleaning the surface and disposing debris, as shown on the Plans, as specified in the Standard Specifications and these Specifications, and as directed by the Engineer.
1227
Technical Provisions
73 The contract lump sum price paid for “Graffiti Removal” (Bid Item 1) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in removing paint complete in place, including cleaning the surface and disposing debris, as shown on the Plans, as specified in the Standard Specifications and these Specifications, and as directed by the Engineer.

TS-2 ANTI-GRAFFITI COATING
The Contractor shall furnish and apply anti-graffiti coating on concrete surfaces. The work includes surface preparation, application of coating, protection of adjacent materials, and curing.

The purpose of the coating is to facilitate future graffiti removal while preserving the appearance and physical characteristics of the underlying concrete.

Apply anti-graffiti coating only to surfaces shown on the Plans and as directed by the Engineer.

For historic concrete surfaces, the coating must preserve the existing color, texture, and patina, and must not result in a glossy or altered appearance unless otherwise authorized. All work must comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

Submit product data, application instructions, and Safety Data Sheets (SDS) for the proposed coating. Submit documentation demonstrating that the coating is compatible with concrete and, where applicable, historic substrates. Include evidence of successful use on similar projects. Do not begin application until the Engineer authorizes the submittals.

Before production work, apply a test area at a location designated by the Engineer to demonstrate the final appearance and performance of the coating. The approved test area establishes the standard for the work.

Protect adjacent surfaces from overspray, staining, or damage. Repair any damage caused by your operations at your expense.

MATERIALS
Provide anti-graffiti coating specifically manufactured for use on concrete surfaces. The coating must be sacrificial. The coating shall be water based. Coatings must be vapor permeable and allow the substrate to breathe. The coating must not trap moisture within the concrete.

The coating must be clear and must not significantly alter the color, texture, or surface appearance of the concrete. The coating must not create a glossy finish unless otherwise approved.

The coating must allow for removal of graffiti using low-pressure washing and mild cleaning agents without damage to the underlying surface.

Provide coatings that comply with applicable air quality regulations, including low-VOC requirements for the project location.

CONSTRUCTION
Apply coating only to clean, dry surfaces that are free of graffiti, dirt, dust, oil, curing compounds, 1228
Technical Provisions
74 or other contaminants. Surface preparation must comply with Section TS-1, “Graffiti Removal (Historic Concrete Surfaces),” and must not damage the substrate.

Verify that surface moisture conditions are acceptable for coating application in accordance with the manufacturer’s recommendations. Do not apply coating during rain, high humidity, or when ambient or surface temperatures are outside the manufacturer’s specified limits.

Apply the anti-graffiti coating in accordance with the manufacturer’s instructions, including recommended coverage rates and number of coats. Apply coating uniformly to achieve a consistent appearance. Avoid streaking, pooling, or uneven application.

For sacrificial coatings, apply the number of coats required to achieve the specified level of protection. For non-sacrificial coatings, ensure proper film thickness is achieved.

Allow the coating to cure in accordance with manufacturer recommendations before exposing the surface to moisture or use.

QUALITY CONTROL AND ACCEPTANCE
The completed coating must be uniform in appearance and free of runs, streaks, blotches, or visible defects. The coating must not alter the visual character of the concrete surface beyond the approved test area.

Demonstrate the effectiveness of the coating upon request by performing a field test, which may include application and removal of a test marking.

Reapply coating in areas that do not meet the specified requirements at no additional cost to the Department.

PAYMENT
The contract unit price paid per square foot for “Apply Anti-graffiti Coating” (Bid Item 2) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying the coating complete in place, as shown on the Plans, as specified in the Standard Specifications and these Specifications, and as directed by the Engineer.

TS-3 SITE CLEAN-UP
On completion of the work, the Contractor shall clean all portions of the project area.

MEASUREMENT AND PAYMENT
Full compensation for site clean-up shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor.

TS-4 ALLOWANCE
This contract includes an allowance. This allowance has been included in the contract to cover the costs of field modifications necessitating the Contractor to perform extra work. The amount of 1229
Technical Provisions
75 expenditure under this item may vary from zero to the total amount of the item. This amount may constitute the sum of several extra work requests.
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A
APPENDIX A – CONTRACT
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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. 1232

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

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

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

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

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

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

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

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
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EXHIBIT A

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

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

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

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

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

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
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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: ________________________________________________ 1236
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, 1237
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disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

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

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

8. PERMITS AND LICENSES:

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

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

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

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under 1239
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this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

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

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

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for 1240
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

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

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable 1241
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

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

14. INSURANCE:

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

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

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

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of 1243
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, 1244
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 1245
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EXHIBIT E

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

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

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

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

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

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

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

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

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
1248
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:
1249
B
APPENDIX B – CITY OF RICHMOND – FIRST SOURCE AGREEMENT
1250

CITY OF RICHMOND

FIRST SOURCE AGREEMENT
(SAMPLE)

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

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

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

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

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

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

3. First Source Hiring Process for CONSTRUCTION and NON-CONSTRUCTION JOBS – Employer shall take the following steps regarding hiring in furtherance of the Contract. (a) Long-Range Planning. Employer shall, prior to hiring in furtherance of the Contract, and as soon as practicable, provide to the Designated City Staff the approximate number and type of hires that it will make for employment, and the basic qualifications necessary for each projected hire. (b) Dual Notification Process (CONSTRUCTION ONLY). Where there is a signatory agreement with the local union and the associated craft, Employer shall work with the local union and the City of Richmond Employment and Training Department (hereinafter the “ETD”) to fill those positions. The Employer shall forward to the ETD a copy of all personnel requests made to the trade unions, specifying the residency of personnel requested (this process is hereinafter referred to as the "dual notification process" and a description of it is attached hereto along with the Request for Craft form for use by the Employer). In the dual notification process, the Employer shall utilize the "name call," "rehires," "transfers," or "sponsorship" options in maximizing the participation of Richmond, California residents. (c) Notification of job opportunities. Prior to hiring in furtherance of the Contract, Employer shall notify the Designated City Staff, by email or fax, of available job openings and provide a 1251
description of job responsibilities and qualifications, including expectations, salary, work schedule, duration of employment, required standard of appearance, and any special requirements, e.g., language skills, driver’s license, etc. Job qualifications shall be limited to skills directly related to performance of job duties. (d) Filling of job opportunities. Prior to announcing or advertising in any form and by any means (except for compliance with internal posting procedures) the availability of an employment position created by the vacancy of an existing position or a new employment position, the Employer shall utilize the dual notification process to notify the pertinent union, if appropriate, and ETD in writing of such position, including a general description of the position and Employer's minimum requirements for qualified applicants, and shall request any pertinent union and ETD to refer qualified applicants for such position to Employer's trade union and/or personnel representative, as appropriate. The Employer shall refrain from any general announcement or advertisement of the availability of such position for a period of ten (10) business days after notification to the ETD. This ten-day period shall be known as the "Advance Notice Period.” (e) Job Site Applications. In the event that any persons seek employment with the Employer at the job site, the Employer shall have the person complete a Job Site Application consisting of name, address, telephone number, social security number and trade. The Employer will then submit this information to the ETD.
(f) Transfer and Promotion. Nothing contained herein shall prevent the Employer from filling job vacancies or newly created positions without compliance with the foregoing procedures by transfer or promotion from its existing staff.

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

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

6. Non-compliance Procedure. In the event the City believes the Employer may not be in compliance with the requirements of this FSA, the following procedure will be followed:
(a) The Community and Economic Development Executive Director (hereinafter the “Executive Director”) or designee shall cause to be delivered to the Employer a written “Notice of Non-Compliance” (hereinafter the “Notice”). The Notice shall specify the matters which constitute the non-compliance; the specific action required to correct the noncompliance; and the time period during which such correction shall occur. In no event shall this time period be more than thirty (30) days after receipt of the Notice by the Employer. If the Notice is mailed, it will be deemed received five (5) days after the date of mailing. 1252
(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
1253
C
APPENDIX C – CITY OF RICHMOND – INSURANCE REQUIREMNTS –

CONSTRUCTION PROJECTS
1254
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
1255
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. 1256
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

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

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

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
1257
___ 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.
1258
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
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1259
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

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1260
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

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1261
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
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1262
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
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1263
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
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1264
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1265
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1266
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1267
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1268
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1269
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1270
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1271
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1272
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1273
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1274
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1275
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1276
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1277
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1278
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1279
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1280
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1281
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1282
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1283
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1284
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1285
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1286
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1287
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1288
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1289
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1290
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1291
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1292
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1293
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1294
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1295
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1296
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1297
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1298
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1299
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1300
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1301
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
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1302
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1303
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1304
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1305
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1306
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1307
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1308
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1309
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1310
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1311
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1312
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1313
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1314
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1315
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1316
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1317
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1318
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1319
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1320
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1321
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1322
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1323
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1324
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1325
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1326
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1327
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1328
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1329
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1330
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1331
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1332
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1333
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1334
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1335
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1336
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1337
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1338
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1339
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1340
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1341
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1342
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1343
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1344
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1345
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1346
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1347
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1348
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1349
City of Richmond
General Warehouse Graffiti Removal with Special and Technical Provisions, bidding on 04/23/2026 2:00 PM (PDT)

Printed 03/26/2026
PlanetBids
1350

GENERAL WAREHOUSE GRAFFITI REMOVAL
Bid Open 04.23.2026
UNIT
ITEM DESCRIPTION QTY. UNIT COST AMOUNT Unit Price Bid Total Unit Price Bid Total Unit Price Bid Total 1 Graffiti Removal Test 1 LS 10,000 10,000 $5,000 $5,000 $3,000 $3,000 $4,800 $4,800 2 Graffiti Removal 1 LS 80,000 80,000 $70,000 $70,000 $44,777 $44,777 $51,000 $51,000 2 Apply Anti-Graffiti Coating 15,000 SF 2 30,000 $3 $45,000 $2 $30,000 $1.93 $29,000 3 Supplemental Work 1 Allow 10,000 10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 Itemized Value 130,000 $ $130,000 $87,777 $94,800
Stated As $130,000 $87,777 $94,800
NonPareil Ventures LLC All Star Painting KD Inc
San Rafael Grass Valley
PPWPM
San Ramon
APPARENT LOW BID: All Start Painting KD Inc.

Bid Stated As
1351
Reso. No. _____

DocID #72569v1
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND APPROVING A CONTRACT WITH ALL STAR PAINTING KD INC.

FOR GRAFFITI REMOVAL OF HISTORIC CONCRETE SURFACES AT THE

GENERAL WAREHOUSE BUILDING AT THE POINT POTRERO MARINE

TERMINAL
WHEREAS, the City of Richmond (City) owns and operates terminals at the Port of Richmond, including the Point Potrero Marine Terminal (PPMT), formerly known as Historic Shipyard Number Three, which was originally constructed between 1941 and 1942 as part of the World War II Liberty and Victory ship construction effort; and WHEREAS, the General Warehouse Building (General Warehouse) is a contributing historic structure located at PPMT that currently stands vacant and has been subjected to ongoing vandalism, including extensive graffiti on its exterior concrete surfaces; and WHEREAS, removal of graffiti from the exterior concrete surfaces of the General Warehouse is necessary to prevent further deterioration of the historic substrate, preserve the architectural integrity of the building, and maintain a safe and secure operating environment at the Port of Richmond; and
WHEREAS, all work must adhere to the Secretary of the Interior's Standards for the Treatment of Historic Properties, utilizing the least aggressive methods necessary to remove graffiti without damaging or altering the historic concrete substrate, with abrasive blasting, sandblasting, high-pressure washing exceeding 500 psi, grinding, and wire brushing expressly prohibited; and
WHEREAS, All Star Painting KD Inc. submitted the lowest responsive and responsible bid at $87,777 and holds a valid California State Contractor's License (C-33, C-61, D41, License No. 1102242) and a valid Department of Industrial Relations (DIR) registration (No. 2000004221) as required this contract, and has demonstrated experience with at least three similar projects involving historic structures with strong municipal client references WHEREAS, funding in the amount of $87,777 is available in the Fiscal Year 2025-2026 Port Operations and Maintenance Budget Fund.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHMOND:

1. The foregoing recitals are true and correct and are incorporated herein by reference.

2. The City Council hereby approves a contract with All Star Painting KD Inc. for graffiti removal of historic concrete surfaces at the General Warehouse Building at the Point Potrero Marine Terminal for a one-year term in an amount not to exceed $87,777; and

3. The City Council hereby authorizes any necessary amendments consistent with this resolution. ******************
***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW**** I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on Mmmm dd, yyyy, by the following vote:

AYES:

NOES:
1352
Reso. No. _____

DocID #72569v1
ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

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

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
1353

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.

Economic Development/Port Charles Gerard [email protected] (510) 620-6792 General Warehouse Graffiti Removal
All Star Painting Kd Inc. 17448 Lawrence Way Grass Valley, California, 95949 Roman Demin [email protected] June 1, 2026 December 30, 2027 87,777.00 1354

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
All Star Painting Kd Inc.
1355
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]:

All Star Painting Kd Inc.

Please see attached
1356
1357
1358
1359
1360
1361
1362
1363
1364
1365
1366
1367
1368
1369
1370
1371
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1373
1374
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.

Charles Gerard Charles Gerard All Star Painting Kd Inc. 1375
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: ________________________________________________ Charles Gerard [email protected] All Star Painting Kd Inc. All Star Painting Kd Inc. 17448 Lawrence Way Grass Valley, California, 95949 [email protected] 1376
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, All Star Painting Kd Inc.
1377
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.

All Star Painting Kd Inc.
1378
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 All Star Painting Kd Inc.
1379
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 All Star Painting Kd Inc.
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

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

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

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

14. INSURANCE:

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

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

2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.

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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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EXHIBIT E

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

All Star Painting Kd Inc.

NONE
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EXHIBIT F

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

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

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

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

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

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

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

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. 1390
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

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

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

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