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Attachment 3a - Proposed Agreement AME, INC.pdf

Richmond City Council
October 6, 2026

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Attachment 3a - Proposed Agreement AME, INC.pdf
Meeting
October 6, 2026
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Richmond City Council
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21
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Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT A

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

APPLIED MATERIALS & ENGINEERING, INC.

PROPOSAL

ON-CALL MATERIALS TESTING AND SPECIAL INSPECTION SERVICES City of Richmond, Public Works Department, Engineering Division | Request for Proposals | August 2026 SUBMITTED BY Applied Materials & Engineering, Inc. (AME) ADDRESS 980 41st Street, Oakland, CA 94608
CONTACT Mohammed Faiyaz, PE | (510) 420-8190 x26 | [email protected] SUBMITTED VIA BidsOnline | Due 5:00 PM, Friday, August 28, 2026 Independent Construction Materials Consulting, Inspection & Testing • Serving California Owners Since 1988 AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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TABLE OF CONTENTS
This submittal follows Section 5, Submittal Requirements, in the order prescribed by the RFP. Section 5.4 is intentionally omitted from this response to preserve the numbering structure of the RFP, which proceeds from Section 5.3 to Section

5.5. Section Title

5.1 Cover Letter

5.2 Firm Summary

5.3 Firm Profile and Qualifications

5.5 References

5.6 Relevant Experience

5.7 On-Call Approach and Methodology

5.8 Project Team and Staffing

5.9 Fee Schedule

5.10 Exceptions to Agreement
Appendix A Inspector Résumés
Appendix B Special Inspector Certification Matrix
Appendix C Sanctuary City Compliance Statement (Attachment C) Inspector résumés (Appendix A), the Special Inspector Certification Matrix (Appendix B), and the executed Sanctuary City Compliance Statement (Appendix C) are included with this submittal, as required by the RFP.

AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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5.1 COVER LETTER
APPLIED MATERIALS & ENGINEERING, INC.
980 41st Street, Oakland, CA 94608 | Tel (510) 420-8190 | Fax (510) 420-8186 | [email protected] August 28, 2026
Josef Munoz, Assistant Deputy Director
City of Richmond, Public Works Department, Engineering Division Re: Request for Proposals for On-Call Materials Testing and Special Inspection Services Dear Mr. Munoz:

Applied Materials & Engineering, Inc. (AME) is pleased to submit this proposal to provide on-call materials testing and special inspection services to the City of Richmond. AME is an independent construction materials consulting, inspection, and testing firm incorporated in 1988 and headquartered in Oakland, approximately 15 minutes from Richmond, with a staff of 30, including licensed civil, structural, metallurgical, and materials engineers supported by certified field and laboratory technicians.

We understand the City requires responsive, task-order-based testing and special inspection support for Capital Improvement Program projects, Public Works maintenance, Port infrastructure, wastewater, transportation, and other City construction activities, performed in compliance with project plans and specifications, the Richmond Municipal Code, the California Building Standards Code, Caltrans Standards and Specifications, and applicable local, state, and federal requirements. Our accredited laboratory, Caltrans-certified inspectors, and central Oakland dispatch enable same-day and next-day response, seven days per week. AME has served the City of Richmond directly and under construction managers since 2008 and holds comparable multi-year on-call contracts with the City of Oakland, City of Emeryville, Contra Costa County, and other Bay Area public agencies.

AME confirms it will comply with all applicable City of Richmond ordinances, including the Nondiscrimination in City Contracts Ordinance (RMC Ch. 2.28), Business Opportunity Ordinance (RMC Ch. 2.50), Local Employment Program Ordinance (RMC Ch. 2.56), Living Wage Ordinance (RMC Ch. 2.60), and "Ban the Box" Ordinance (RMC Ch.

2.65), and a signed Sanctuary City Compliance Statement is included with this proposal. AME has a current City of Richmond business.

AME maintains a Unique Entity Identifier (UEI): ER4KNXTUX6N4, supporting eligibility for federally funded assignments. AME is a State of California certified Small Business Enterprise.

The undersigned is authorized to bind Applied Materials & Engineering, Inc. We look forward to continuing our long-standing relationship with the City of Richmond and to supporting the success of your projects.

Sincerely,
APPLIED MATERIALS & ENGINEERING, INC.

Dushyant Manmohan, Principal
(510) 420-8190 x12 | [email protected]
AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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5.2 FIRM SUMMARY
Applied Materials & Engineering, Inc. (AME) has provided independent construction materials testing, inspection, and special inspection services to Bay Area public agencies for more than 37 years. From our Oakland headquarters and accredited laboratory, 15 minutes from Richmond city limits, we deliver the full scope of services requested in this RFP: soils, concrete, asphalt and pavement, structural steel and welding, masonry, and special inspection, together with the reporting, record keeping, and coordination that on-call municipal work demands.

FIRM

QUALIFICATIONS
Laboratory accredited by IAS (ASTM E329, C1077, D3666, D3740), AASHTO, DSA (LEA No. 111), OSHPD, and Caltrans; ISO 17025 compliant. Inspectors certified by ICC, ACI, AWS (CWI), Caltrans, PCI, and NICET across every discipline in the City’s scope of services. State of California certified Small Business Enterprise.

RELEVANT

EXPERIENCE
Long-standing on-call contract holder for the City of Oakland (since 2013), City of Emeryville (since 2010), and Contra Costa County (since 2016), performing street rehabilitation, sidewalk and ADA curb ramps, storm drain and sanitary sewer, parks, public facilities, and structural projects directly comparable to the City’s anticipated assignments.

KEY

DIFFERENTIATORS
Proximity and dispatch: central Oakland dispatch coordinates all inspection and test requests; same day scheduler response. One accredited in-house laboratory: samples move from the field to our own lab, with failing results reported the same day. Cost discipline: task-order fee estimates with hours tracked by discipline in scheduling software, and billing reviews at 50% and 75% of budget.

AVAILABILITY
Fourteen staff inspectors support multiple concurrent City assignments. Field and laboratory services are available seven days per week, including after-hours, weekend, holiday, and emergency response.

AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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5.3 FIRM PROFILE AND QUALIFICATIONS
Legal Structure and Years in Business
Applied Materials & Engineering, Inc. is a California corporation, incorporated in 1988 by founding Principals Dr.

Armen Tajirian, PE, SE, and Dr. Dushyant Manmohan. The firm has operated under its current name since incorporation and from its present Oakland location since 1990. AME is an independent construction materials consulting, inspection, and testing firm, not affiliated with any contractor, supplier, or design firm, ensuring unbiased test results and inspections. AME is a Federal and State of California certified Small Business Enterprise.

AME maintains an active California Department of Industrial Relations (DIR) public works contractor registration, PWCR No. 1000013342, current through June 30, 2029.

Office Location
980 41st Street, Oakland, CA 94608. All field dispatch, laboratory testing, and project management are performed from this single full-service location, approximately 8 miles from Richmond Civic Center, supporting rapid mobilization to any City project site, including Port and waterfront facilities.

Organizational Structure
AME’s staff of 30 includes civil, structural, metallurgical, and materials engineers with advanced degrees and extensive field experience, supported by ICC/ACI/Caltrans-certified field inspectors and trained, NICET-certified laboratory technicians. A responsible engineer oversees quality control; a designated Project Manager serves as each client’s single point of contact; and a full-time dispatcher coordinates daily field assignments.

Areas of Expertise
• Soils and aggregate: sieve analysis, in-place density (nuclear gauge), moisture-density relationships, grading observation, compaction testing, sand equivalent, cleanness value, durability index. • Concrete: mix design review, placement and batch plant inspection, sampling, compression testing, cylinder pickup and curing, reinforcing steel inspection, concrete pavement testing, shotcrete. • Asphalt and pavement: HMA inspection, compaction testing, maximum density, oil content, stability, pavement thickness verification, batch plant and source inspection. • Structural steel and welding: shop fabrication and field welding inspection (AWS CWI), high-strength bolting, fastener and joint connection inspection, non-destructive testing. • Masonry: mortar and grout sampling and testing, structural masonry special inspection. • Special inspection: reinforced and prestressed concrete, structural steel, welding, bolting, fireproofing, elastomeric coatings, shotcrete, post-installed anchors, per CBC Chapter 17.

Laboratory Accreditations
• IAS: International Accreditation Services (division of ICC): ASTM E329, C1077, D3666, D3740. • AASHTO: accredited; AMRL & CCRL proficiency sample program for reinforcing steel, concrete, aggregate, soils, and asphalt.
• Caltrans: certified for materials testing on Federal-Aid public works projects. • DSA: Division of the State Architect, LEA No. 111.
• OSHPD/HCAI: accredited for healthcare facility construction testing and inspection. • ISO 17025: Management and Technical requirements; AASHTO R18 quality system.

Inspector Certifications
AME special inspectors hold ICC certifications in reinforced concrete, structural masonry, prestressed concrete, structural welding, high-strength bolting, fireproofing, and soils; ACI field and laboratory certifications; AWS CWI; ASTM E488 post-installed anchor testing; PCI Level II; NICET; and Caltrans certifications in soils, asphalt, and concrete test methods (CTM series). Only personnel holding the certifications relevant to each assigned task will be dispatched to City assignments.

AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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Litigation History (Last Five Years)
AME has had no litigation related to its professional services within the past five (5) years.

AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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5.5 REFERENCES
The following public agencies can speak to AME’s performance on on-call contracts similar in scope and complexity to the services described in this RFP. The City is welcome to contact any or all references.

Agency City of Oakland, Department of Public Works
Contract On-Call Materials Testing & Inspection Services Contact Joseph Tanios, Resident Engineer | (510) 615-5790 | [email protected] Amount / Dates $M+ | 2013 to Present
Services Contract holder since 2013 with two extensions. On-call special inspections and materials testing for streets, parks, garages, sewers, and public facilities.

Agency City of Sunnyvale, Public Works Department
Contract On-Call Special Inspections & Materials Testing Services Contact Matt Hoang, Senior Engineer | (408) 730-7514
Amount / Dates $250K+ | 2012 to Present
Services Multiple-term on-call contract holder for special inspection and materials testing services.

Agency Contra Costa County, Public Works Department
Contract On-Call Materials Testing & Special Inspection Services Contact Jeffrey K. Acuff, Capital Projects Division Manager | (925) 595-6001 | [email protected]
Amount / Dates $1.5M+ | 2016 to Present
Services Contract holder since 2016. Health centers, fire stations, libraries, pavement rehabilitation, and bioretention projects.

Agency Alameda County, Community Development Agency
Contract On-Call Special Inspections & Materials Testing Services Contact Jaimie Orfanos, Project Manager | (510) 670-6107 | [email protected] Amount / Dates $300K+ | 2023 to Present
Services Multiple-term on-call contract holder for special inspection and materials testing services.

AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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5.6 RELEVANT EXPERIENCE
The four on-call contracts below reflect the range of assignments AME anticipates under this contract: street and pavement rehabilitation, sidewalk and ADA improvements, storm and sanitary sewer work, parks and public facilities, structural systems, and waterfront infrastructure, all delivered for public agencies within or adjacent to Richmond. The projects listed under these on-call contracts were federally funded and performed under Caltrans Standards and Specifications, and AME’s laboratory is Caltrans certified for materials testing on Federal-Aid public works projects.

1. City of Richmond On-Call Materials Testing & Inspection Services AME has completed more than 20 assignments directly for the City of Richmond since 2008, including prior City oncall materials testing contracts (2013 and 2016), giving our team first-hand familiarity with City standards, staff, and inspection expectations. Partial list of projects:
• Safe Routes to School Cycle 2
• 2010/2011 Pavement Rehabilitation Program
• Bay Trail Gap Closure, Ferry Point and Kaiser Shipyard No. 3 • West Contra Costa Family Justice Center
• Richmond Civic Center, Hall of Justice
• Harbour-8 Park Expansion, Restroom Building, and Retaining Wall • Flood Risk Reduction in the Rheem Creek Watershed
• Santa Rita Stabilization Project
• Shields-Reid Park Improvements and Turf
• Wendell Park Project
• Boorman Park Revitalization Project
• Emergency Operations Center Conduit Installation
• Point Molate Cafeteria Building Testing (1333 Canal Boulevard) • Miraflores Greenbelt Signage
• Nevin Park (Richmond Redevelopment Agency)

2. City of Oakland On-Call Materials Testing & Inspection Services Contract holder since 2013 with two extensions. Oakland’s workload closely mirrors Richmond’s mix of streets, utilities, parks, and public facilities. Partial list of projects:
• MacArthur Blvd. Streetscape Improvement
• Citywide Preventative Maintenance Resurfacing
• Roadway Stabilization, Various Locations
• Sanitary Sewer Emergency Projects
• Lake Merritt Channel Improvements
• Sailboat House Shoreline Improvement Project
• Clay Street Garage
• Peralta Hacienda Park, Phase 4
• Rainbow Recreation Center
• Lions Pool Renovation
• City of Oakland Pedestrian Bridges
• Oakland Museum ADA Improvements
• Foothill Streetscape Project / West Oakland Youth Development Center • Greenman Field
AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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3. City of Emeryville On-Call Materials Testing & Inspection Services Contract holder since 2010, with sixteen years of sustained performance on the small, fast-turnaround task orders typical of municipal on-call work. Partial list of projects:
• Street Rehabilitation Projects: 2016, 2017, 2018
• South Bayfront Pedestrian Overcrossing
• Powell Sanitary Sewer Rehabilitation
• Powell/I-80 Bike-Pedestrian Safety Project
• Marina Pathway Bike/Pedestrian Safety Projects
• Christie Avenue Bay Trail
• Public Works Facility
• Police Station Renovations and Temporary Police Station • Fire Station Improvements
• Senior Center Renovations
• Emeryville Child Development Center
• Christie Park and Temescal Creek Park
• Public Market
• Emeryville Triangle Traffic Calming

4. Contra Costa County On-Call Materials Testing & Special Inspection Services Contract holder since 2016, with County assignments in and around Richmond, including West County facilities.

Partial list of projects:
• New West County Health Center and Parking Garage, San Pablo • West County Detention Facility Projects, Richmond (Perimeter Intrusion Detection System, Fuel Tank Replacement)
• Employment & Human Services Parking Lot Repairs, MacDonald Avenue, Richmond • Richmond HeadStart Kitchen
• Montalvin Park ADA Improvements, San Pablo
• Fire Stations #15, 16, 69, and 70
• Fire Station Improvements: Stations 2, 14, 81, 85, and 86 (generators, slab, driveway, and bathroom upgrades)
• Fire Station 10 Training Tower and Concord Fire Training Center Pavement Rehabilitation • Friends of El Sobrante Library
• Pinole Library
• Contra Costa Regional Medical Center Improvements, Martinez (multiple task orders: elevator modernization, emergency generator, cooling tower, electrical upgrades) • Liquid Oxygen (LOX) Project
• Juvenile Hall Renovations and Water Service, Martinez • Martinez Detention Facility, Module M
• District Attorney’s Office Renovation
• Concord Care Center Improvements
• County Rooftop and Carport Photovoltaic Installations, Martinez • Emergency Operations Center Bolt Failure Investigation, Martinez • Bioretention Project
AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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5.7 ON-CALL APPROACH AND METHODOLOGY
Understanding of City Needs
Richmond’s CIP, maintenance, Port, wastewater, and transportation projects require a testing partner who can mobilize certified personnel on short notice, test to Caltrans, CBC, and City requirements, report quickly and accurately, and keep task-order costs predictable. AME’s approach, refined over decades of municipal on-call contracts, is built around exactly those demands.

TASK ORDER

EXECUTION
Upon receipt of a written work authorization, AME reviews the plans, specifications, and schedule; develops clarifying questions for the contractor and design team; and submits a detailed fee estimate defining scope, disciplines, and budgeted hours for the City’s approval before work begins.

ASSIGNMENT

MANAGEMENT
Each City work authorization is assigned a unique AME project number tied to the City’s WA number, with its own budget, dispatch schedule, report log, and invoice, so multiple concurrent assignments never commingle. The Project Manager reviews all active City assignments weekly, tracking hours expended against each authorization, upcoming inspection needs from the contractor schedules, and any open nonconformance items, and provides consolidated status to City staff on request.

SCHEDULING &

RESPONSIVENESS
All inspection requests are coordinated through AME’s central Oakland dispatch, aligned with the contractor’s construction schedule. We routinely accommodate same-day and next-day requests, with field and laboratory services available seven days per week, including after-hours, weekends, holidays, and emergencies. Inspectors report to the designated City representative on site, perform inspections and tests in conformance with approved documents, and leave a completed inspection report on site before departing.

REPORTING

METHODS
AME’s protocols meet or exceed RFP Section 4.8: immediate verbal notification to the City of failed tests, deficiencies, or nonconforming work before the inspector leaves the site; field reports within 24 hours; and formal laboratory reports within five business days, or sooner as directed. Failing tests are reported the day of the test, and seven-day concrete compressive strengths below 60% of the specified 28-day strength are flagged and reported immediately. Each report identifies the project name and location, date and time of service, inspector or technician, applicable specification or test method, work observed, samples taken, results, deficiencies, and corrective actions. All reports are submitted electronically in the City’s designated format.

QUALITY CONTROL
A responsible engineer oversees quality control under AME’s documented QA Manual (available on request). The laboratory complies with ASTM E329 and ISO 17025 and is independently audited by DSA, IAS, AASHTO (AMRL/CCRL), Caltrans, and the California Council of Testing and Inspection Agencies. Field reports are reviewed for accuracy before distribution; laboratory reports are reviewed by the Laboratory Manager for compliance with project requirements. Testing is performed by NICET-certified technicians on equipment calibrated per QA requirements.

AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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COORDINATION &

NCR TRACKING
The Project Manager establishes contract protocols with City staff (insurance certificates, invoicing, communication), coordinates directly with designated City project staff, and attends meetings as requested. Deficiencies and nonconforming items are tracked by AME until corrected, with a monthly summary letter issued to the project team, ensuring no outstanding items delay closeout. Complete project records are retained in AME’s archives for five years after closeout.

COST CONTROL
Budgeted hours by discipline are loaded into AME’s scheduling software and tracked against actuals in real time, immediately flagging any requested work outside the authorized scope. We meet with the City to compare project completion against billing at 50% and 75% of budgeted fees. Monthly invoices are fully itemized with date, inspection type, and hours for each line, laboratory tests itemized by type and date, and running contract-to-date totals.

SAFETY

PROCEDURES
AME maintains a written Injury and Illness Prevention Program compliant with Cal/OSHA.

Field personnel complete site-specific safety orientations, wear required PPE, and comply with contractor and City traffic control and site safety plans. Nuclear gauge operations follow AME’s radiation safety program under our California Radioactive Materials License, with certified operators only.

AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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5.8 PROJECT TEAM AND STAFFING
Key Personnel, Roles, and Responsibilities
Mohammed Faiyaz, PE, Project Manager / Primary Point of Contact. Mr. Faiyaz is a California-licensed Professional Engineer (License No. C84638, expires 3/31/2028). He will serve as the City’s single point of contact, responsible for task-order fee estimates, staffing assignments, report review and distribution, nonconformance tracking, invoicing, and attendance at City meetings. He can be reached at (510) 420-8190 x26 or [email protected].

Ruben Zepeda, ACI, ICC, Caltrans Certified Sampler / Materials Tester / Source Inspector. With AME since 2014, Mr. Zepeda holds ACI Grade I; ICC Soils, Reinforced Concrete, Fireproofing, and High-Strength Bolts; DSA Shotcrete; and Caltrans certification in CTM 125, 216, 231, 375, 539, 540, 556, and 557. His experience maps directly to the City’s scope: QA testing and source inspection on Richmond’s own Safe Routes to School Cycle 2 project; the Crystal Springs Dam Bridge Replacement (post-tensioned box girder: concrete, grout, structural steel, soil/aggregate and HMA compaction, source inspection); the Concord Various Streets Preservation Project (rubberized asphalt overlay, HMA, soils and aggregate testing); Balfour Road Shoulder Widening, Brentwood (storm drain ditches, utility relocation, batch plant and precast inspection); and Canyon Bridge Road Repair, Moraga (CIDH piles, structural backfill, AC paving, splice tests).

Felix Cervantes, ACI, Caltrans Certified Inspector / Special Inspector. With AME since 2019, Mr. Cervantes holds ACI Concrete Technician Grade I, Post-Installed Anchors, Fireproofing, and Certified Nuclear Gauge Operator credentials, and Caltrans certification in CTM 125, 216, 231, 375, 539, 540, 556, and 557. His recent assignments concentrate on the street, drainage, and ADA work central to Richmond’s program: Sutter Avenue Urban Greening Phase 1, San Pablo (storm drain replacement, bioretention, curb, sidewalk, curb ramps, pavement restoration and slurry seal, immediately adjacent to Richmond); Marin City SUB-HIP Pedestrian Improvements (nineteen ADAcompliant curb ramps, curb and gutter, HMA grind-and-pave); East Downtown Concord PDA Access & Safe Routes ($3M of curb, gutter, sidewalk, driveway, and asphalt work); and the Rosal Way Drainage Project, San Rafael (catch basins, storm drainpipe, trenching and backfill, pavement restoration).

Francisco Guzman, Special Inspector / Caltrans Certified Inspector. With AME since 2023 and nearly six years of industry experience, Mr. Guzman holds ACI Concrete Field-Testing Technician, Post-Installed Anchors, Compaction Testing, and APNGA Nuclear Gauge Operator certifications, and Caltrans certification in CTM 125, 231, 375, 504, 518, 539, 540, 556, and 557. His experience includes the Union City Blvd Bike Lane Improvement Project ($9M asphalt repair and AC overlay); Sutter Avenue Urban Greening Phase 1, San Pablo; the Marin City pedestrian improvements; East Downtown Concord PDA Access & Safe Routes; and the Ferry Landside Improvement Project, Sausalito ($2M concrete plaza and parking reconfiguration, relevant to the City’s Port and waterfront assignments).

Full résumés for the proposed inspectors are appended to this proposal.

Availability and Depth of Staffing
All proposed staff are available to the City on a 100% on-call basis for the full duration of the contract. The three proposed inspectors will be the City’s primary field team, each qualified across soils, concrete, and asphalt disciplines so a single mobilization can cover multiple test types. Behind them, AME maintains 14 staff special inspectors, including personnel certified in structural welding, high-strength bolting, structural masonry, prestressed concrete, non-destructive testing, and fireproofing, plus qualified independent inspectors (including AWS CWIs) under standing agreements. This depth allows AME to support multiple concurrent City assignments and to match specialty certifications to each task, per RFP Section 4.10. The full Special Inspector Certification Matrix is included as Appendix B.

AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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Report Distribution and Retention Cadence
Timing Deliverable
Same Day Failing tests and 7-day compressive strengths below 60% of the specified 28-day design value: immediate verbal notification followed by written report. 24 Hours Field inspection reports, identified by discipline and date, issued electronically to the City and project team.
5 Business Days Formal laboratory reports, reviewed by the Laboratory Manager, submitted electronically (or sooner as directed by the City).

Monthly NCR summary letter issued by the Project Manager; project billing reviewed against budget at 50% and 75% milestones.
5 Years All inspection and test records retained in AME archives post-closeout; available upon request.
• Advance notice: requests received by 3:00 p.m. are typically staffed for the following morning; same-day requests are accommodated whenever certified personnel are available, which is routine given our staffing depth.
• After-hours, weekends, and holidays: field and laboratory services available seven days per week. • Emergency response: AME’s dispatcher and Project Manager are reachable by phone for emergency callouts; emergency contact information will be provided at contract execution. AME has performed emergency work under municipal on-call contracts, including Oakland’s Sanitary Sewer Emergency Projects. • Geographic coverage: all personnel dispatch from Oakland, approximately 8 miles from Richmond Civic Center; inspectors reside throughout the East Bay.

Subcontractors
AME does not anticipate using subconsultants for the core scope. Should a specialty service be required for a specific task, AME will identify the subconsultant for City approval in the task-order fee estimate, and any subcontractor will hold a City of Richmond business license and comply with all applicable City ordinances.

AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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5.9 FEE SCHEDULE
The following 2026 billing rates apply to all services performed under this contract. Hourly inspection rates are per State and Federal prevailing wage requirements and will be maintained until the Department of Industrial Relations (DIR) mandates new rates. Unless noted otherwise, hourly and unit rates are inclusive of routine equipment, report preparation and laboratory handling.

Hourly Inspection Rates
Hourly Inspection Rates (Prevailing Wage) 2026 Rate
Reinforced & PT Concrete Inspection $125
Shotcrete Inspection $125
High Strength Grout Inspection $125
Structural Masonry Inspection $125
Structural Steel Inspection $125
Wood or Metal Framing Inspection $125
Anchor/Dowel Testing $130
Fireproofing Inspection $125
FRP Application Inspection $125
Compaction Testing/Sampling (Soils, Aggregate, or HMA) $130 Asphalt Coring Quote on Request
Unit Test Costs: Special Inspection Disciplines
Special Inspection Disciplines 2026 Rate
Concrete Compression Cylinders, per set of 5 $500
PT Concrete Cylinders, per set of 6 $600
Shotcrete Cores for Nozzleman Qualifications Quote on Request Shotcrete Cores, production, per set of 3 $650
Masonry Mortar, per set of 3 $450
Masonry Grout, per set of 3 $520
Masonry Composite Prisms, per set of 3 $900
High Strength Grout, per set of 6 $670
Reinforcing Steel Tensile Test (up to #10), each $185
Reinforcing Steel Tensile Test (#11 & #14), each $290
Reinforcing Steel Bend Test (up to #10), each $190
Reinforcing Steel Bend Test (#11 & #14), each $290
Splice (CTM 670) (up to #10), each $475
Splice (CTM 670) (#11 & #14), each $670
PT Strand Tensile, each $495
AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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High Strength Bolt Tensile Properties, each $260
High Strength Nut Hardness & Proof Load, each $260
High Strength Washer Hardness & Proof Load, each $260
FRP Tensile Properties (ASTM D3039), per board $900
FRP Bond Strength (ASTM D7522), each $900
Fireproofing Density, each $220
Fireproofing Bond Strength, each $875
Unit Test Costs: Soils & Asphalt
Soils & Asphalt 2026 Rate
Sieve Analysis, each $210
Sand Equivalent, each $195
Cleanness Value, each $390
Moisture Content, each $85
Moisture Density Curve / Cal Impact, each $670
Percent Crushed Particles, each $300
Flat & Elongated Particles, each $300
Durability Index, each $400
Atterberg Limits, each $425
R-Value, each $850
Stabilometer Value, field sample, per set of 3 $775
Hveem Compaction, per set of 3 $775
Theoretical Maximum Density, each $300
Asphalt Content, each $375
Asphalt Content, Calibration Factor, each $875
HMA Air Voids, each $85
HMA Bulk Specific Gravity, each $155
Hamburg Wheel Tracker, each $2,400
HMA Tensile Strength Ratio, each $2,600
LA Abrasion, each $950
Fine Angularity, each $300
Voids in Mineral Aggregate, each $300
Dust Proportions, each $300
Superpave Production, each $4,600
Superpave JMF Verification or Startup, each $8,000
Marshall Compaction, per set of 3 $800
AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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Marshall Stability, per set of 3 $465
Emulsion Testing, per sample Quote on Request
CIR Compression, each $401
Other Costs
Other Costs 2026 Rate
Project Administration, per hour $85
Project Management, per hour $210
Principal, per hour $240
Final Affidavit, each $475
Mix Design or WPS Reviews, each $240
Basis of Charges
Basis of Charges Charge
Minimum charge per call-out 4 hours
Show-up / same-day cancellation 2 hours
Work from 4 to 8 hours Actual time
Work over 8 hours per day, Saturday, or night work, per hour Time & one-half Work on Sundays and holidays, per hour Double time
Out-of-area mileage $0.80/mile
Parking To be provided
AME does not anticipate subconsultants for the core scope; if a subconsultant is required for a specific task, any markup will be identified in the task-order fee estimate for City approval.

Rates will remain firm for the initial three-year contract term unless an adjustment is expressly authorized by the City in the executed agreement (including DIR-mandated prevailing wage adjustments as noted above). This fee proposal will remain valid for at least 120 days after the proposal deadline.

5.10 EXCEPTIONS TO AGREEMENT
AME takes no exceptions to the City of Richmond’s standard professional services agreement (Attachment A) or insurance requirements (Attachment B). Required insurance certificates will be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to commencement of any work.

AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

Page 17 ends

APPENDIX A: INSPECTOR RÉSUMÉS
AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

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APPENDIX B: SPECIAL INSPECTOR CERTIFICATION MATRIX
AME • Applied Materials & Engineering, Inc. City of Richmond RFP: On-Call Materials Testing & Special Inspection Services, August 2026

Page 21 ends

APPENDIX C: SANCTUARY CITY COMPLIANCE STATEMENT (EXECUTED) Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

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

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

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

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

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

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

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

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

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

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

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

Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

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

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

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

10. CONFLICT OF INTEREST:

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

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

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

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or 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 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

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

14. INSURANCE:

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

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

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

Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of Contract No: ________ For the Contract between the City of Richmond and
_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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

EXHIBIT E

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

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

EXHIBIT F

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

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

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

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

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

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

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

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), 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 coverage, 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), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

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

3. Original and Separate Additional Insured Endorsement 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 insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
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.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. 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.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
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 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. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

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 Insurance 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.

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.

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 coverage’s and cover those insured in the underlying policies. ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

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

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

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 Manger. 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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