Agenda packet, regular meeting, first session — Orinda City Council, November 4, 2024

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In Person:

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26 Orinda Way
Orinda, CA 94563
(925) 351-6676

CITY COUNCIL
AGENDA
Monday, November 4, 2024
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 11.04.24
How to follow and/or participate in the meeting:

IN PERSON SPEAKER CARDS: If you would like to speak during the public forum or on an item listed on the agenda, you are invited to submit a speaker card to the City Clerk. You will be permitted to speak even if you elect not to submit a speaker card or decline to provide information requested on the card. After the City Council has heard from everyone who submitted speaker cards, anyone electing not to submit a speaker card may form a line at the lectern. Public comment is generally limited to 3 minutes per speaker per agenda item.

WRITTEN COMMENTS: You may also submit a public comment in advance of the meeting by following instructions below:

Deliver to City Hall at 22 Orinda Way or send an e-mail to [email protected] by 3pm on the day of the meeting. Those comments will be forwarded to the City Council. They will also be made a part of the public record and be available to view in the public review binder at Orinda City Hall, 22 Orinda Way. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box account link:
https://tinyurl.com/Orinda-Public-Comments
REMOTE COMMENTS: Remote Public Comments have been discontinued for the foreseeable future.
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Inga Miller, Janet Riley Vice Mayor Latika Malkani, Mayor Darlene Gee
B. PLEDGE OF ALLEGIANCE
City Council
Agenda Page 2 11.04.24
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Introduction of a New Business Community Member in Orinda – Stephen Rusher, The Economic Company (Theatre Square leasing agent)
E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.

Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.

F. CONSENT CALENDAR
F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. October 15, 2024 Regular Meeting
F.2. Authorization to Waive Formal Bidding and Purchase Two Replacement Police Vehicles
Recommendation:

Approve waiving of competitive bidding requirement pursuant to Orinda Municipal Code section 2.55.100 and approve the replacement of two police vehicles at a cost of $117,848 from the Fleet Replacement Fund.

F.3. Award Construction Contract to Cowan & Thompson Inc. for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, Project No. 4076 and Related Actions
Recommendation:

Take the following actions: 1) Award a construction contract to Cowan & Thompson Construction Inc. of Martinez, California for the bid amount of $79,111.04; 2) Authorize program expenditure up to $95,000 (includes a 20% contingency); and (3) Approve the construction plans for the Project.

F.4. Approvals Associated with the Parcel Map for 10 Irwin Way (MS 2021-001)
City Council
Agenda Page 3 11.04.24
Recommendation:

Adopt Resolution No. 29-24 which includes approval of: (1) the Final Parcel Map for 10 Irwin Way (MS 2021-001); (2) the associated Subdivision Improvement Agreement with Orinda Senior Housing Foundation; (3) the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants and (4) finding these actions will not have a significant impact on the environment as defined by the California Environmental Quality Act (CEQA) because they are consistent with the Initial Study/Mitigated Negative Declaration (IS/MND) for the Project.

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Discussion of Tri-Agency Meeting
Recommendation:

Discuss the October 21, 2024, Tri-Agency Meeting and provide feedback to staff on outreach efforts by the Moraga Orinda Fire District to the residents of Orinda
H.2. Options for Off-Leash Dog Use of Orinda Oaks Park and Open Space Recommendation:

That the City Council consider the creation of a pilot program to allow offleash dog use at Orinda Oaks Park and Open Space and provide direction on the new option for a future fenced use of the meadow and picnic area.

H.3. Senate District 7 ADU Accelerator Program Update
Recommendation:

Receive the update regarding the Senate District 7 ADU Accelerator Program.

I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
M. CLOSED SESSION

1. OPEN SESSION IDENTIFICATION of Closed Session Matters

2. PUBLIC COMMENTS of Closed Session Matters

3. CLOSED SESSION

4. REPORT OUT OF CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel City Council
Agenda Page 4 11.04.24
regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No.

N23-0579.

The next meeting of the Orinda City Council will be held on Tuesday, November 19, 2024 at 7:00 PM.

Please visit the City’s website at www.cityoforinda.org to view the City Council Calendar.

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.

Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.

AGENDA TITLE: City Council Minutes
RECOMMENDATION:

Approve City Council Minutes:

1. October 15, 2024 Regular Meeting
ATTACHMENTS:

A. City Council Minutes of October 15, 2024
Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:

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Orinda City Council Minutes Page 1 of 7 10.15.24
OCTOBER 15, 2024

CITY OF ORINDA

CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]). 7:00 P.M. – REGULAR MEETING– GARDEN ROOM, ORINDA LIBRARY A. CALL TO ORDER / ROLL CALL:

Mayor Gee called the Regular Meeting to order at approximately 7:00 p.m.

COUNCILMEMBERS PRESENT: Brandyn Iverson, Inga Miller, Janet Riley Vice Mayor Latika Malkani, Mayor Darlene Gee
COUNCILMEMBERS ABSENT: None
Mayor Gee opened the public comment period.

B. PLEDGE OF ALLEGIANCE – Led by Mayor Gee.

C. ADOPTION OF AGENDA
MOTION by Councilmember Riley, and seconded by Councilmember Iverson, to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Welcome and Oath of Office - New City Manager Linda Smith City Clerk Sheri Smith administered the Oath of Office to new City Manager Linda Smith.

Mayor Gee and Councilmembers welcomed City Manager Smith.

D.2. Welcome Tabor Visiting Student Honza Belada
Former Mayor Bobbie Landers introduced Tabor visiting student Honza Belada. She said they joined with former visiting students in Tabor, had a great time, and gave a PowerPoint presentation of their trip.

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Attachment: City Council Minutes of October 15, 2024 (3455 : City Council Minutes) Orinda City Council Minutes Page 2 of 7 10.15.24
Honza Belada, visiting student from Tabor, spoke of the opportunity to experience Orinda and study and live here with his host family for six months. He is thankful that he gets to study at Miramonte High School play sports with his new friends, is grateful he got the best host families; Cara and Tim Hoxie. He spoke of his adventures while in the United States, and thanked Mayor Gee, Bobbie Landers, the City Council, and the entire Sister City Foundation for maintaining this program.

D.3. Recognize Bobbie Landers - Tabor Honorary Citizen
Mayor Gee spoke of the wonderful visit and experience with the Tabor group and recognized the outpouring of warmth and support for their former Mayor Bobbie Landers and others. It was a very special time to see the City of Tabor and honor Bobbie as an Honorary Citizen of Tabor.

She presented Bobbie Landers with a Proclamation for the wonderful significance of Tabor honoring her, seeing how the former students enjoy her, loved having her there, and it was wonderful to see former visiting students and others.

Councilmembers congratulated former Mayor Landers, thanked the Hoxie’s for hosting Tabor students, recognized how communities come together in the process, and was impressed by Honza’s enthusiasm and likened him as the poster child of the program.

E. PUBLIC FORUM
There were no speakers.

F. CONSENT CALENDAR
Mayor Gee said she received a request to remove Item F.2 to be voted on separately, and she confirmed there were no other items for removal or public comments.

F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. October 1, 2024 Closed Session

2. October 1, 2024 Regular Meeting
MOTION by Councilmember Miller, and seconded by Councilmember Riley, to approve Consent Calendar Item F.1 and F.1.2. Said motion carried by unanimous (5-0) roll call vote.

Item Removed from the Consent Calendar:

F.2. Accepting Offers to Dedicate for Public Use Drainage Easement on Las Cascadas
Recommendation:

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Attachment: City Council Minutes of October 15, 2024 (3455 : City Council Minutes) Orinda City Council Minutes Page 3 of 7 10.15.24
Staff recommends adoption of Resolution No. 42-24, by which the City Council accepts the Offers of Dedication of the Drainage Easement as authorized by County Board of Supervisors on 8-23-1977 (8429OR620 through 8429OR632).

Councilmember Miller recused herself from voting on this item, stating is it within 500 feet of her residence.

Mayor Gee opened the Public Forum, and there were no speakers.

MOTION by Councilmember Riley, and seconded by Councilmember Iverson, to approve Consent Calendar Item F.2. Said motion carried by (4-0-1) roll call vote (Miller recused).

G. PUBLIC HEARING – None.

H. POLICY MATTER
H.1. FY 2023-24 Preliminary Quarterly Financial Report (4th Qtr FY 2023- 24)
Recommendation:

Receive the preliminary report.

City Manager Smith introduced the item and stated Assistant City Manager Doug Alessio will provide the presentation.

Assistant City Manager Doug Alessio gave the staff report and overview of the FY 2023- 24 Preliminary Quarterly Financial Report 4th quarter financial report. The City’s audit is currently underway and staff expects its finalization in November.

Results indicate a continued positive financial trend for the City, noting the City is under budget by approximately $700,000. The report contains expenditure by type, department, and an add-on sales tax detail. He then described and provided analysis about attachments and was available for questions.

Councilmembers Miller asked and confirmed the $180,000 is in Account 690 and is intended as funds for Sheriff contract services, which the City Manager will discuss separately with Councilmembers.

Mr. Alessio then continued with a discussion regarding revenues and expenditures by department, and concluded the presentation.

Councilmember Iverson asked what the term, “Bradley Burns sales tax” means. Mr.

Alessio explained this is the name of the law for the General Fund portion of the sales tax the City gets as opposed to the add-on of Measures R and L.

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Attachment: City Council Minutes of October 15, 2024 (3455 : City Council Minutes) Orinda City Council Minutes Page 4 of 7 10.15.24
Councilmember Iverson referred to formatting on pages 48 and 49 the actual versus budget with revenue shown as a negative and expenses versus budget shown as a positive. Mr. Alessio apologized and said he will flip these, stating the City collected more revenue than budgeted and the formula flip flops when getting to expense and he will update these.

Councilmember Miller also referred to the formatting on the YTD and confirmed this is projected to be as of June 30th.

Councilmember Iverson commented she would like the report to reflect year-over-year changes side by side, and provided the example of Parks and Recreation which was up $100,000. Additionally, she was surprised about the explanation of how it was $680,000 incremental revenue but about $580,000 of expense but it looked like a fixed expense and not a variable, given there are staffing costs for field rentals and building maintenance.

Mr. Alessio said there were many people playing on fields and some direct expenses are instructor costs. So, costs creep into Parks and Recreation’s supply budget, instructor costs, maintenance costs, and other things.

Councilmember Iverson referred to page 64 and said there was a $164,000 bust in Parks and Recreation repairs and improvements, and Mr. Alessio said they had to do significant repair on an elevator where they may have had a CIP project to replace it but instead had to repair it.

Councilmember Iverson referred to litigation and said it looks as though it was primarily the City’s own attorney’s fees. Of the total cost for the OC litigation, she asked how far they are spent into that. City Attorney Osa Wolff replied that the attorney fees are paid to the City’s own lawyers are mostly in this fiscal year and the attorney fees the City will be reaching a stipulation on will be in the current fiscal year.

Councilmember Miller said income comes in sooner than expenditures go out and asked if there is a difference of 20%. Mr. Alessio replied the numbers reflect what will be year end numbers and there should not be significant or material changes from these numbers.

There may be changes where one cost gets moved from one department to another or from one expense item to another, but this should look very much like the numbers he is presenting tonight.

Vice Mayor Malkani referred to property taxes and property tax in lieu of VLF which were higher and confirmed with Mr. Alessio said both numbers are above budget but these are the two significant components of property tax. The piece that fluctuates a bit is a documentary transfer tax, but for the most part, property taxes are extremely stable because of the way valuations work which occur when homes change hands.

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Attachment: City Council Minutes of October 15, 2024 (3455 : City Council Minutes) Orinda City Council Minutes Page 5 of 7 10.15.24
Vice Mayor Malkani referred to contracted tree trimming and asked why it was much lower than budgeted. Mr. Alessio said this is the General Fund portion and not Measure R.

Several years ago, the City did an extensive amount of tree trimming out of the General Fund, but because of that work, it is significantly less now, and they are overbudget with Measure R tree trimming which was a good thing.

Mayor Gee opened the Public Forum, and there were no speakers.

Mayor Gee and Councilmembers voiced appreciation of the comprehensiveness and ease of reading the report.

I. COUNCILMEMBER REPORTS
Mayor Gee reported on her visit earlier to Tabor.

Councilmember Iverson said she attended a Lamorinda School Bus meeting and reported saving 228,000+ vehicle trips in one year by having the Lamorinda School Bus which is a wonderful resource. Revenues and ridership is way up, Wilder had to add a second bus, and Orinda has a special combination of school bus routes, County Connection routers, getting kids to school and people out of their vehicles.

They are renewing the contract in 2026 and they are expecting a significant cost increase, but the group was able to get Measure J funds of about $1.5 million of incremental monies they are putting into a reserve so pass-through to the parents will not be that big of a shock.

She also reported that the Orinda Teen Advisory Council is back in session and have record numbers this year with 40 kids about half middle school and half high school. They are starting to introduce some City Council type programs to make it less than just community service and hold mock debates, form teams, and hold discussions which will be fun.

J. CITY MANAGER'S REPORT
City Manager Smith said she is appreciative of City staff for their support over the last two days and is looking forward to working with the Council. Next Monday evening, the Council has a Tri-Agency meeting with the Town of Moraga and the Moraga-Orinda Fire District.

K. MATTERS INITIATED
Councilmember Iverson requested the City Attorney, City Manager, and Planning Director if they could explore the issue of pooled zoning that came up as a conceptual item in the ULI Tap panel. At the time, they said you could not change your existing 10 units to the acre zoning but if you created a pool and made that available to whoever was first able to utilize the units, it might incentivize people to come forward more quickly to claim those units.

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Attachment: City Council Minutes of October 15, 2024 (3455 : City Council Minutes) Orinda City Council Minutes Page 6 of 7 10.15.24
As she thought about conversations and concerns about taking another look at the DPP in light of some EIR changes, she wanted to ask the question about whether for the nonHousing Element units, if creating a pool rather than each site having its own individual upzoning could be something in between a yes or no answer there.

Councilmember Miller asked if this would be something that could come to the Downtown Subcommittee, and Councilmember Iverson thinks this might be a nice way to explore it.

City Attorney Wolff said it could be what is being requested is for staff to look into this and report back to Councilmember Iverson, or she asked if this is something as a full Council consideration. Councilmember Iverson said if it is a viable possibility, she wanted to introduce the idea early enough so it could be considered in matters that return to the Council as they re-adopt the DPP.

City Manager Smith said staff can also talk with one another and it could return with a discussion by the City Council, return in the form of a memorandum to the City Council as information, and the Council could determine whether it wishes to proceed from there.

City Attorney Wolff suggested a motion and a second and vote for a Matters Initiated asking staff to bring back researching the idea of pooled zoning for DPP sites not in the Housing Element, and potentially bringing it back at the next meeting if they believe that it is something the Council could consider. If that passes, staff will have the direction and authority to bring it back to the Council. Therefore, this might be a Matters Initiated or a request for factual information.

Councilmember Iverson preferred having the entire Council receive this factual information because it may prompt a group discussion. So, she would request a Matters Initiated.

MOTION by Councilmember Iverson, and seconded by Vice Mayor Malkani, to request a Matters Initiated for staff to research and return to the Council about whether pooled zoning is something the Council may consider. Said motion carried by unanimous (5-0) roll call vote.

Vice Mayor Malkani reported that Senator Glazer has a new pilot program around ADUs.

It was presented at a Mayors’ Conference and she would like to hear more about it if supported as a Matters Initiated. If not, she is fine with getting the information herself.

City Manager Smith stated she is happy to present this because she helped craft this with Lafayette City Manager Niroop Srivatsa and Danville Town Manager Joe Calabrigo.

MOTION by Vice Mayor Malkani, and seconded by Councilmember Iverson, to request a Matters Initiated for staff to return with information on Senator Glazer’s new pilot program around ADUs. Said motion carried by unanimous (5-0) roll call vote.

L. ADJOURNMENT
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Attachment: City Council Minutes of October 15, 2024 (3455 : City Council Minutes) Orinda City Council Minutes Page 7 of 7 10.15.24
The Regular Meeting was adjourned at approximately 8:22 p.m. to the next Special Joint Meeting with the Town of Moraga and MOFD on Monday, October 21, 2024, at 6:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Minutes of October 15, 2024 (3455 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: November 4, 2024
Department: City Council
AGENDA TITLE: Authorization to Waive Formal Bidding and Purchase Two Replacement Police Vehicles
RECOMMENDATION:

BACKGROUND:

The City is responsible for providing the fleet of vehicles used by Police Department personnel under the contract with the Contra Costa County Office of the Sheriff. The City attempts to approach the replacement on the basis of getting the longest service out of the vehicle before it is replaced and also reuses emergency equipment, when possible. The fleet size and rotation for Police Services needs to take into consideration several unique factors, which may not be applicable to non-specialized vehicles used by other departments including:
• Some vehicles are outfitted with specialized equipment based the primary use of the vehicle (i.e. traffic unit; command vehicle).
• Need for adequate availability to accommodate vehicles out of service (both planned maintenance and unplanned collision or equipment failure) Short term rentals are not an option for temporary coverage when marked emergency vehicles are out of service.
• Need to have available units for times when staffing is increased for special operations and/or police attendance at public events (including parades, street closures, etc.).
• Need to have units available to overlap at shift change, when units may need to remain in the field past the assigned shift.

Each year as part of the City Operating Budget, charges are made to departments that operate vehicles, with the funds set-aside in the Fleet Replacement Internal Service Fund. The concept is to avoid creating an impact on the General Fund for the full cost of a new vehicle in the year that it is replaced. The Fiscal Year 2024-2025 operating budget vehicle replacement program includes the anticipated replacement of two police vehicles.

DISCUSSION:

Current City of Orinda Police Fleet (October 2024):

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The City currently has three unmarked/assigned vehicles used for Investigations and the Chief. There are two Special Purpose Vehicles (Command Unit and Traffic Unit) and five Marked Patrol vehicles. The City tries to vary the number of vehicles purchased per year in order to avoid a large turnover in a single year.

Vehicles Being Recommend for Replacement:

Vehicle #86 is a 2014 Ford Edge which is ten years old and has more than 130,000 miles of service. The City was able maintain this vehicle in good operating condition for a longer period of time than is typical for Police service vehicles due to its nature as an unmarked vehicle with a lower utilization rate. Vehicle #89 is a 2017 Ford Explorer with more than 88,000 miles of service. This is not typical of most marked police patrol vehicles which usually have a life of five years. As such, Vehicle #89 is experiencing higher than normal maintenance costs, is frequently out of service, and would require a significant mechanical investment for the vehicle to remain operating in a safe and effective manner.

Purchasing Ordinance Requirements
The Orinda Municipal Code, Section 2.55.090, requires that purchases more than $60,000 must be approved by the City Council and Section 2.55.100.A.7 allows for an exception to competitive bidding when another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar equipment. The vehicles being recommended for purchase fall under this exception to the competitive bidding process as the vendor has been awarded State of California Statewide Contract #1-22-23-23E effective September 6, 2024.

Vehicle Purchase Elk Grove Auto
The recommended replacement vehicles are two white 2025 Dodge Durango’s. Elk Grove Auto has provided the City with quotes for the two vehicles in accordance with pricing awarded through the State of California Statewide Contract #1-22-23-23E. The total base cost of both vehicles including delivery, documentation and sales tax is approximately $117,848. The two vehicles are similar in feature and price, with the difference being that one vehicle has the “Patrol” option package which costs $927 more. Both quotes are included as Attachments A & B to this staff report.

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Disposal of the Two Surplus Vehicles
Staff will arrange with a public auction service to sell the two surplus vehicles. Proceeds from selling the surplus vehicles will be deposited in the Vehicle Replacement Internal Service Fund to be used for future vehicle purchases.

FISCAL IMPACT:

The total cost of the replacement vehicles, including outfitting with emergency equipment, is estimated to cost $140,000. No additional appropriation is necessary as sufficient budget exists in the Vehicle Replacement Internal Service Fund to cover the entire $140,000.

ATTACHMENTS:

A. Marked Patrol Car Replacement Quote
B. Unmarked Investigations Replacement Vehicle Quote
Respectfully Submitted by:

Doug Alessio
Administrative Services Director
Prepared By: Doug Alessio, Administrative Services Director Approved by:

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Elk Grove Auto DATE October 1, 2024
To: Anthony Rossi Quotation # 4055B
Orinda PD
(916)509-8598 - Desk
(916)792-3672 - Cell
Prepared by: Andrew Villareal
(925) 532-6908
Comments or special instructions: Vehicle build and options are in additional pages.

AMOUNT
$ 43,320.00
$ 11,330.00
$ (950.00)
$ 53,700.00
DOC Fee $ 85.00
Taxable Subtotal: $ 53,785.00

9.750% $ 5,244.04
Tire Fee: $8.75
$ 350.00
Total: $ 59,387.79
QTY Grand Total $ -
8575 Laguna Grove Dr.

Elk Grove, CA 95757
State Contract # 1-22-23-23E
****Shipping charge added for deliveries beyond Sacramento. No charge for will call.**** CA Tire Fee: $1.75 / Per Tire
Tax Rate(Subject to change):

Description
Downgrade to Pursuit
(Order Acknowledgment Signature) (Date)
If you have any questions concerning this quotation, contact Andrew Villareal at (916)509-8598 or email at [email protected]
Line #2 2025 Dodge Durango AWD
Options (Refer to Window Sticker): Patrol V8
Delivery Charge:
**** specs with the PO or the vehicle will not be ordered. **** Subtotal
**** Please review, sign, and return a copy of the quote and **** ___________________________________________________
THANK YOU FOR YOUR BUSINESS!
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Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 1
Note:Photo may not represent exact vehicle or selected equipment. [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12)
Prepared By
Andrew Villareal
Winner Chevrolet / Elk Grove Auto Group
916-509-8598-Desk
916-792-3672-Cell
[email protected]
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Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 2
Table of Contents
• Vehicle Image
• Dealership Information
• Window Sticker
• Standard Equipment
• Weight Rating
• Technical Specifications
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Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 3
Dealership Information
***PLEASE REVIEW THE "WINDOW STICKER," QUOTE, AND ALL INCLUDED INFORMATION AND SPECIFICATIONS FOR ACCURACY. IF A PURCHASE ORDER IS ISSUED, PLEASE INCLUDE A SIGNED COPY OF THIS QUOTE WITH THE "WINDOW STICKER." BY THIS QUOTE

BEING SIGNED AND RETURNED BY THE PURCHASING AGENCY, THE PURCHASING

AGENCY ACKNOWLEDGES THAT THE VEHICLE CONFIGURATION AND PRICE ARE ACCURATE.******TAX IS NOT INCLUDED IN THE QUOTE PRICE. PURCHASING AGENCY IS RESPONSIBLE FOR CALCULATING TAX. THE TAX RATE IS BASED ON THE REGISTRATION ADDRESS AND CANNOT BE A PO BOX. ******IF THE VEHICLE IS GOING TO BE DELIVERED BEYOND F.O.B. SACRAMENTO, ADDITIONAL COST WILL BE REQUIRED. *** Thanks!
Prepared By:

Andrew Villareal
Winner Chevrolet / Elk Grove Auto Group
(916)509-8598
[email protected]
F.2.a
Packet Pg. 19
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 4
Window Sticker

SUMMARY
[Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD
Interior:Black, Cloth Bucket Seats w/Shift Insert
Exterior 1:White Knuckle Clearcoat
Exterior 2:No color has been selected.

Engine: 5.7L V8 HEMI MDS VVT
Transmission: 8-Speed Automatic (8HP70)

OPTIONS

CODE MODEL MSRP
WDEE75 [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD

OPTIONS
22Z Quick Order Package 22Z $0.00
C5X9 Black, Cloth Bucket Seats w/Shift Insert $0.00
CW6 Deactivate Rear Doors/Windows $145.00
DFD Transmission: 8-Speed Automatic (8HP70) $0.00
DPM 3.09 Rear Axle Ratio Inc.

EZH Engine: 5.7L V8 HEMI MDS VVT $3,240.00
GXA Entire Fleet Alike Key (FREQ 2) $455.00
LNA Black Right LED Spot Lamp $750.00
LNF Black Left LED Spot Lamp $750.00
PW7 White Knuckle Clearcoat $0.00
WBN Wheels: 18" x 8.0" Black Steel $0.00
XDG Passenger Side Ballistic Door Panel $2,995.00
XDV Driver Side Ballistic Door Panel $2,995.00
Z6J GVWR: 7,100 lbs Inc.

FUEL ECONOMY
F.2.a
Packet Pg. 20
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 5
Est City:14 MPG
Est Highway:22 MPG
Est Highway Cruising Range:541.20 mi
F.2.a
Packet Pg. 21
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 6
Standard Equipment
Mechanical
Engine: 3.6L V6 24V VVT UPG I w/ESS (STD)
Transmission: 8-Speed Automatic (850RE) (STD)

3.45 Rear Axle Ratio (STD)
GVWR: 6,500 lbs (STD)
50 State Emissions
Transmission w/Sequential Shift Control
Full-Time All-Wheel
Engine Oil Cooler
650CCA Maintenance-Free Battery w/Run Down Protection
220 Amp Alternator
Class IV Towing Equipment -inc: Hitch and Trailer Sway Control Trailer Wiring Harness
Police/Fire
1250# Maximum Payload
Front And Rear Anti-Roll Bars
Gas-Pressurized Front Shock Absorbers and Nivomat Brand Name Rear Shock Absorbers Nivomat Suspension
HD Suspension
Electric Power-Assist Speed-Sensing Steering

24.6 Gal. Fuel Tank
Single Stainless Steel Exhaust
Permanent Locking Hubs
Short And Long Arm Front Suspension w/Coil Springs
Multi-Link Rear Suspension w/Coil Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control Exterior
Wheels: 18" x 8.0" Black Steel (STD)
Tires: 255/60R18 BSW On/Off Road
Wheels w/Chrome Hub Covers
F.2.a
Packet Pg. 22
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 7
Exterior
Steel Spare Wheel
Compact Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Body-Colored Front Bumper w/Colored Rub Strip/Fascia Accent Body-Colored Rear Step Bumper w/Colored Rub Strip/Fascia Accent Black Side Windows Trim
Body-Colored Door Handles
Chrome Bodyside Insert and Colored Wheel Well Trim
Black Power Heated Side Mirrors w/Manual Folding
Fixed Rear Window w/Fixed Interval Wiper and Defroster
Deep Tinted Glass
Speed Sensitive Variable Intermittent Wipers
Galvanized Steel/Aluminum Panels
Lip Spoiler
Black Grille
Liftgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Auto On/Off Projector Beam Led Low/High Beam Daytime Running Headlamps w/Delay-Off Perimeter/Approach Lights
LED Brakelights
Laminated Glass
Entertainment
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control, Aux Audio Input Jack, Steering Wheel Controls and Radio Data System
Radio: Uconnect 4 w/8.4" Display
6 Speakers
Streaming Audio
GPS Antenna Input
Integrated Center Stack Radio
Integrated Voice Command w/Bluetooth
2 LCD Monitors In The Front
F.2.a
Packet Pg. 23
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 8
Interior
Front Seats w/Power 4-Way Driver Lumbar
12-Way Power Driver Seat -inc: Power Recline, Height Adjustment, Fore/Aft Movement, Cushion Tilt and Power 4-Way Lumbar Support
4-Way Passenger Seat -inc: Manual Recline, Fore/Aft Movement and Fold Flat 60-40 Folding Split-Bench Front Facing Fold Forward Seatback Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Tachometer, Oil Temperature, Transmission Fluid Temp, Engine Hour Meter, Trip Odometer and Trip Computer Power Rear Windows and Fixed 3rd Row Windows
Leather Steering Wheel
Front Cupholder
Rear Cupholder
Compass
Proximity Key For Doors And Push Button Start
Valet Function
Remote Keyless Entry w/Integrated Key Transmitter, 2 Door Curb/Courtesy, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls
Voice Activated Dual Zone Front Automatic Air Conditioning Rear HVAC w/Separate Controls
HVAC -inc: Auxiliary Rear Heater, Headliner/Pillar Ducts and Console Ducts Illuminated Locking Glove Box
Driver Foot Rest
Interior Trim -inc: Leatherette/Metal-Look Instrument Panel Insert, Metal-Look Door Panel Insert and Chrome Interior Accents
Full Cloth Headliner
Cloth Bucket Seats w/Shift Insert -inc: cloth rear seat Day-Night Auto-Dimming Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Partial Floor Console w/Covered Storage, Mini Overhead Console w/Storage and 3 12V DC Power Outlets Front And Rear Map Lights
Fade-To-Off Interior Lighting
Carpet Floor Trim
F.2.a
Packet Pg. 24
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 9
Interior
Full Vinyl/Rubber Floor Covering
Cargo Area Concealed Storage
Cargo Space Lights
Smart Device Integration
FOB Controls -inc: Cargo Access and Windows
Google Android Auto
USB Host Flip
Apple CarPlay
Driver / Passenger And Rear Door Bins
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks w/Autolock Feature
Driver Information Center
Redundant Digital Speedometer
Trip Computer
Outside Temp Gauge
Digital/Analog Appearance
Front Center Armrest w/Storage and Rear Center Armrest
#7 Seat Foam Cushion
Manual w/Tilt Front Head Restraints and Fixed Rear Head Restraints Sentry Key Immobilizer
3 12V DC Power Outlets
Air Filtration
Safety-Mechanical
Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Safety-Exterior
Side Impact Beams
Safety-Interior
Dual Stage Driver And Passenger Seat-Mounted Side Airbags ParkSense with Stop Rear Parking Sensors
F.2.a
Packet Pg. 25
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 10
Safety-Interior
Collision Mitigation-Rear
Blind Spot w/Trailer Detection Blind Spot
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Curtain 1st, 2nd And 3rd Row Airbags
Airbag Occupancy Sensor
Driver Knee Airbag
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners ParkView Back-Up Camera

WARRANTY
Basic Years: 3
Basic Miles/km: 36,000
Drivetrain Years: 5
Drivetrain Miles/km: 100,000
Corrosion Years: 5
Corrosion Miles/km: Unlimited
Roadside Assistance Years: 5
Roadside Assistance Miles/km: 60,000
F.2.a
Packet Pg. 26
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 11
Weight Ratings

WEIGHT RATINGS
Front Gross Axle Weight Rating: N/A
Rear Gross Axle Weight Rating: N/A
Gross Vehicle Weight Rating: 7100.00 lbs
F.2.a
Packet Pg. 27
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 12
Technical Specifications
Powertrain
Transmission
Drivetrain All Wheel Drive Trans Order Code DFD
Trans Type 8 Trans Description Cont. Automatic w/OD
Trans Description Cont. Again N/A First Gear Ratio (:1) 4.71 Second Gear Ratio (:1) 3.14 Third Gear Ratio (:1) 2.11
Fourth Gear Ratio (:1) 1.67 Fifth Gear Ratio (:1) 1.28
Sixth Gear Ratio (:1) 1.00 Reverse Ratio (:1) 3.29
Clutch Size N/A Trans Power Take Off N/A
Final Drive Axle Ratio (:1) N/A Transfer Case Model Electronic Transfer Case Gear Ratio (:1), High N/A Transfer Case Gear Ratio (:1), Low N/A Transfer Case Power Take Off No Seventh Gear Ratio (:1) 0.84 Eighth Gear Ratio (:1) 0.67
Mileage
EPA Fuel Economy Est - Hwy 22 MPG Cruising Range - City 344.40 mi EPA Fuel Economy Est - City 14 MPG Fuel Economy Est-Combined 17 MPG Cruising Range - Hwy 541.20 mi Estimated Battery Range N/A Engine
Engine Order Code EZH Engine Type Regular Unleaded
V-8
Displacement 5.7 L/345 Fuel System Sequential MPI
SAE Net Horsepower @ RPM 360 @ 5150 SAE Net Torque @ RPM 390 @ 4250 Engine Oil Cooler Regular Duty
Electrical
Cold Cranking Amps @ 0° F (Primary) 800 Cold Cranking Amps @ 0° F (2nd) 800 Cold Cranking Amps @ 0° F (3rd) N/A Maximum Alternator Capacity (amps) 220 Cooling System
Total Cooling System Capacity N/A
F.2.a
Packet Pg. 28
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 13
Vehicle
Emissions
Tons/yr of CO2 Emissions @ 15K mi/year 8.8 EPA Greenhouse Gas Score 3.0 Chassis
Weight Information
Standard Weight - Front 0.00 lbs Standard Weight - Rear 0.00 lbs Base Curb Weight 5347 lbs Gross Axle Wt Rating - Front N/A Gross Axle Wt Rating - Rear N/A Curb Weight - Front N/A Curb Weight - Rear N/A Option Weight - Front 0.00 lbs
Option Weight - Rear 0.00 lbs Reserve Axle Capacity - Front N/A Reserve Axle Capacity - Rear N/A As Spec'd Curb Weight N/A As Spec'd Payload N/A Maximum Payload Capacity N/A
Gross Combined Wt Rating 13100 lbs Gross Axle Weight Rating N/A Curb Weight N/A Reserve Axle Capacity N/A
Total Option Weight 0.00 lbs Payload Weight Front 0 lbs Payload Weight Rear 0 lbs Gross Vehicle Weight Rating 7100.00 lbs Trailering
Dead Weight Hitch - Max Trailer Wt. 5000 lbs Dead Weight Hitch - Max Tongue Wt. 500 lbs Wt Distributing Hitch - Max Trailer Wt. 7200 lbs Wt Distributing Hitch - Max Tongue Wt. 720 lbs Fifth Wheel Hitch - Max Trailer Wt. N/A Fifth Wheel Hitch - Max Tongue Wt. N/A Maximum Trailering Capacity 7200 lbs
Frame
Frame Type N/A Sect Modulus Rails Only N/A
Frame RBM N/A Frame Strength N/A
Frame Thickness N/A
Suspension
Suspension Type - Front Short And Long
Arm
Suspension Type - Rear Multi-Link
Spring Capacity - Front N/A Spring Capacity - Rear N/A
F.2.a
Packet Pg. 29
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 14
Chassis
Suspension
Axle Type - Front Independent Axle Type - Rear Independent Axle Capacity - Front N/A Axle Capacity - Rear N/A
Axle Ratio (:1) - Front 3.09 Axle Ratio (:1) - Rear 3.09 Shock Absorber Diameter - Front N/A Shock Absorber Diameter - Rear N/A Stabilizer Bar Diameter - Front N/A Stabilizer Bar Diameter - Rear N/A Tires
Front Tire Order Code TXQ Rear Tire Order Code TXQ
Spare Tire Order Code N/A Front Tire Size P255/60TR18
Rear Tire Size P255/60TR18 Spare Tire Size Compact
Front Tire Capacity N/A Rear Tire Capacity N/A
Spare Tire Capacity N/A Revolutions/Mile @ 45 mph - Front N/A Revolutions/Mile @ 45 mph - Rear N/A Revolutions/Mile @ 45 mph - Spare N/A Wheels
Front Wheel Size 18 X 8 in Rear Wheel Size 18 X 8 in
Spare Wheel Size Compact in Front Wheel Material Steel
Rear Wheel Material Steel Spare Wheel Material Steel
Steering
Steering Type Rack-Pinion Steering Ratio (:1), Overall N/A Steering Ratio (:1), On Center N/A Steering Ratio (:1), At Lock N/A Turning Diameter - Curb to Curb 41 ft Turning Diameter - Wall to Wall N/A Brakes
Brake Type 4-Wheel Disc Brake ABS System 4-Wheel
Brake ABS System (Second Line) 4-Wheel Disc - Front (Yes or ) Yes Disc - Rear (Yes or ) Yes Front Brake Rotor Diam x Thickness 13.8 in Rear Brake Rotor Diam x Thickness 13 in Drum - Rear (Yes or ) N/A Rear Drum Diam x Width N/A
F.2.a
Packet Pg. 30
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 15
Chassis
Fuel Tank
Fuel Tank Capacity, Approx 24.6 gal Aux Fuel Tank Capacity, Approx N/A Fuel Tank Location N/A Aux Fuel Tank Location N/A
Dimensions
Interior Dimensions
Passenger Capacity 5 Front Head Room 39.9 in
Front Leg Room 40.3 in Front Shoulder Room 58.5 in
Front Hip Room 57 in Second Head Room 39.8 in
Second Leg Room 38.6 in Second Shoulder Room 50.4 in
Second Hip Room 42.8 in
Exterior Dimensions
Wheelbase 119.8 in Length, Overall w/rear bumper N/A
Length, Overall 200.8 in Width, Max w/o mirrors 75.8 in Height, Overall 72.9 in Track Width, Front 63.9 in
Track Width, Rear 64.1 in Overhang, Front N/A
Overhang, Rear w/o bumper N/A Front Bumper to Back of Cab N/A Cab to Axle N/A Cab to End of Frame N/A
Ground to Top of Load Floor N/A Ground to Top of Frame N/A Frame Width, Rear N/A Ground Clearance, Front N/A
Ground Clearance, Rear N/A Min Ground Clearance 8.1 in
Body Length 0.00 ft Rear Door Opening Height N/A
Rear Door Opening Width N/A Liftover Height 32.2 in
Cab to Body N/A
Cargo Area Dimensions
Cargo Area Length @ Floor to Seat 1 N/A Cargo Area Length @ Floor to Seat 2 N/A Cargo Area Length @ Floor to Seat 3 N/A Cargo Box Width @ Top, Rear N/A Cargo Area Width @ Beltline N/A Cargo Box Width @ Floor N/A Cargo Box Width @ Wheelhousings N/A Cargo Box (Area) Height N/A Tailgate Width N/A Cargo Volume N/A
F.2.a
Packet Pg. 31
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (12) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 16
Dimensions
Cargo Area Dimensions
Cargo Volume to Seat 1 85.1 ft³ Cargo Volume to Seat 2 43.3 ft³ Cargo Volume to Seat 3 43.3 ft³ Ext'd Cab Cargo Volume N/A F.2.a
Packet Pg. 32
Attachment: Marked Patrol Car Replacement Quote (3459 : Purchase of Police Vehicles) Elk Grove Auto DATE October 1, 2024
To: Anthony Rossi Quotation # 4056B
Orinda PD
(916)509-8598 - Desk
(916)792-3672 - Cell
Prepared by: Andrew Villareal
(925) 532-6908
Comments or special instructions: Vehicle build and options are in additional pages.

AMOUNT
$ 43,320.00
$ 10,485.00
$ (950.00)
$ 52,855.00
DOC Fee $ 85.00
Taxable Subtotal: $ 52,940.00

9.750% $ 5,161.65
Tire Fee: $8.75
$ 350.00
Total: $ 58,460.40
QTY Grand Total $ -
8575 Laguna Grove Dr.

Elk Grove, CA 95757
State Contract # 1-22-23-23E
****Shipping charge added for deliveries beyond Sacramento. No charge for will call.**** CA Tire Fee: $1.75 / Per Tire
Tax Rate(Subject to change):

Description
Downgrade to Pursuit
(Order Acknowledgment Signature) (Date)
If you have any questions concerning this quotation, contact Andrew Villareal at (916)509-8598 or email at [email protected]
Line #2 2025 Dodge Durango AWD
Options (Refer to Window Sticker): Detective/UC V8
Delivery Charge:
**** specs with the PO or the vehicle will not be ordered. **** Subtotal
**** Please review, sign, and return a copy of the quote and **** ___________________________________________________
THANK YOU FOR YOUR BUSINESS!
F.2.b
Packet Pg. 33
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 1
Note:Photo may not represent exact vehicle or selected equipment. [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11)
Prepared By
Andrew Villareal
Winner Chevrolet / Elk Grove Auto Group
916-509-8598-Desk
916-792-3672-Cell
[email protected]
F.2.b
Packet Pg. 34
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 2
Table of Contents
• Vehicle Image
• Dealership Information
• Window Sticker
• Standard Equipment
• Weight Rating
• Technical Specifications
F.2.b
Packet Pg. 35
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

BEING SIGNED AND RETURNED BY THE PURCHASING AGENCY, THE PURCHASING

Andrew Villareal
Winner Chevrolet / Elk Grove Auto Group
(916)509-8598
[email protected]
F.2.b
Packet Pg. 36
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 4
Window Sticker

SUMMARY
[Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD
Interior:Black, Cloth Bucket Seats w/Shift Insert
Exterior 1:White Knuckle Clearcoat
Exterior 2:No color has been selected.

Engine: 5.7L V8 HEMI MDS VVT
Transmission: 8-Speed Automatic (8HP70)

OPTIONS

CODE MODEL MSRP
WDEE75 [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD

OPTIONS
22Z Quick Order Package 22Z $0.00
C5X9 Black, Cloth Bucket Seats w/Shift Insert $0.00
CUF Full Length Floor Console $370.00
DFD Transmission: 8-Speed Automatic (8HP70) $0.00
DPM 3.09 Rear Axle Ratio Inc.

EZH Engine: 5.7L V8 HEMI MDS VVT $3,240.00
GXA Entire Fleet Alike Key (FREQ 2) $455.00
PW7 White Knuckle Clearcoat $0.00
WP1 Wheels: 18" x 8.0" Painted Aluminum $430.00
XDG Passenger Side Ballistic Door Panel $2,995.00
XDV Driver Side Ballistic Door Panel $2,995.00
Z6J GVWR: 7,100 lbs Inc.

FUEL ECONOMY
Est City:14 MPG
Est Highway:22 MPG
F.2.b
Packet Pg. 37
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 5
Est Highway Cruising Range:541.20 mi
F.2.b
Packet Pg. 38
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 6
Standard Equipment
Mechanical
Engine: 3.6L V6 24V VVT UPG I w/ESS (STD)
Transmission: 8-Speed Automatic (850RE) (STD)

24.6 Gal. Fuel Tank
Single Stainless Steel Exhaust
Permanent Locking Hubs
Short And Long Arm Front Suspension w/Coil Springs
Multi-Link Rear Suspension w/Coil Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control Exterior
Wheels: 18" x 8.0" Black Steel (STD)
Tires: 255/60R18 BSW On/Off Road
Wheels w/Chrome Hub Covers
F.2.b
Packet Pg. 39
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 7
Exterior
Steel Spare Wheel
Compact Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Body-Colored Front Bumper w/Colored Rub Strip/Fascia Accent Body-Colored Rear Step Bumper w/Colored Rub Strip/Fascia Accent Black Side Windows Trim
Body-Colored Door Handles
Chrome Bodyside Insert and Colored Wheel Well Trim
Black Power Heated Side Mirrors w/Manual Folding
Fixed Rear Window w/Fixed Interval Wiper and Defroster
Deep Tinted Glass
Speed Sensitive Variable Intermittent Wipers
Galvanized Steel/Aluminum Panels
Lip Spoiler
Black Grille
Liftgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Auto On/Off Projector Beam Led Low/High Beam Daytime Running Headlamps w/Delay-Off Perimeter/Approach Lights
LED Brakelights
Laminated Glass
Entertainment
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control, Aux Audio Input Jack, Steering Wheel Controls and Radio Data System
Radio: Uconnect 4 w/8.4" Display
6 Speakers
Streaming Audio
GPS Antenna Input
Integrated Center Stack Radio
Integrated Voice Command w/Bluetooth
2 LCD Monitors In The Front
F.2.b
Packet Pg. 40
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 8
Interior
Front Seats w/Power 4-Way Driver Lumbar
12-Way Power Driver Seat -inc: Power Recline, Height Adjustment, Fore/Aft Movement, Cushion Tilt and Power 4-Way Lumbar Support
4-Way Passenger Seat -inc: Manual Recline, Fore/Aft Movement and Fold Flat 60-40 Folding Split-Bench Front Facing Fold Forward Seatback Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Tachometer, Oil Temperature, Transmission Fluid Temp, Engine Hour Meter, Trip Odometer and Trip Computer Power Rear Windows and Fixed 3rd Row Windows
Leather Steering Wheel
Front Cupholder
Rear Cupholder
Compass
Proximity Key For Doors And Push Button Start
Valet Function
Remote Keyless Entry w/Integrated Key Transmitter, 2 Door Curb/Courtesy, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls
Voice Activated Dual Zone Front Automatic Air Conditioning Rear HVAC w/Separate Controls
HVAC -inc: Auxiliary Rear Heater, Headliner/Pillar Ducts and Console Ducts Illuminated Locking Glove Box
Driver Foot Rest
Interior Trim -inc: Leatherette/Metal-Look Instrument Panel Insert, Metal-Look Door Panel Insert and Chrome Interior Accents
Full Cloth Headliner
Cloth Bucket Seats w/Shift Insert -inc: cloth rear seat Day-Night Auto-Dimming Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Partial Floor Console w/Covered Storage, Mini Overhead Console w/Storage and 3 12V DC Power Outlets Front And Rear Map Lights
Fade-To-Off Interior Lighting
Carpet Floor Trim
F.2.b
Packet Pg. 41
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 9
Interior
Full Vinyl/Rubber Floor Covering
Cargo Area Concealed Storage
Cargo Space Lights
Smart Device Integration
FOB Controls -inc: Cargo Access and Windows
Google Android Auto
USB Host Flip
Apple CarPlay
Driver / Passenger And Rear Door Bins
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks w/Autolock Feature
Driver Information Center
Redundant Digital Speedometer
Trip Computer
Outside Temp Gauge
Digital/Analog Appearance
Front Center Armrest w/Storage and Rear Center Armrest
#7 Seat Foam Cushion
Manual w/Tilt Front Head Restraints and Fixed Rear Head Restraints Sentry Key Immobilizer
3 12V DC Power Outlets
Air Filtration
Safety-Mechanical
Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Safety-Exterior
Side Impact Beams
Safety-Interior
Dual Stage Driver And Passenger Seat-Mounted Side Airbags ParkSense with Stop Rear Parking Sensors
F.2.b
Packet Pg. 42
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

WARRANTY
Basic Years: 3
Basic Miles/km: 36,000
Drivetrain Years: 5
Drivetrain Miles/km: 100,000
Corrosion Years: 5
Corrosion Miles/km: Unlimited
Roadside Assistance Years: 5
Roadside Assistance Miles/km: 60,000
F.2.b
Packet Pg. 43
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 11
Weight Ratings

WEIGHT RATINGS
Front Gross Axle Weight Rating: N/A
Rear Gross Axle Weight Rating: N/A
Gross Vehicle Weight Rating: 7100.00 lbs
F.2.b
Packet Pg. 44
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 12
Technical Specifications
Powertrain
Transmission
Drivetrain All Wheel Drive Trans Order Code DFD
Trans Type 8 Trans Description Cont. Automatic w/OD
Trans Description Cont. Again N/A First Gear Ratio (:1) 4.71 Second Gear Ratio (:1) 3.14 Third Gear Ratio (:1) 2.11
Fourth Gear Ratio (:1) 1.67 Fifth Gear Ratio (:1) 1.28
Sixth Gear Ratio (:1) 1.00 Reverse Ratio (:1) 3.29
Clutch Size N/A Trans Power Take Off N/A
Final Drive Axle Ratio (:1) N/A Transfer Case Model Electronic Transfer Case Gear Ratio (:1), High N/A Transfer Case Gear Ratio (:1), Low N/A Transfer Case Power Take Off No Seventh Gear Ratio (:1) 0.84 Eighth Gear Ratio (:1) 0.67
Mileage
EPA Fuel Economy Est - Hwy 22 MPG Cruising Range - City 344.40 mi EPA Fuel Economy Est - City 14 MPG Fuel Economy Est-Combined 17 MPG Cruising Range - Hwy 541.20 mi Estimated Battery Range N/A Engine
Engine Order Code EZH Engine Type Regular Unleaded
V-8
Displacement 5.7 L/345 Fuel System Sequential MPI
SAE Net Horsepower @ RPM 360 @ 5150 SAE Net Torque @ RPM 390 @ 4250 Engine Oil Cooler Regular Duty
Electrical
Cold Cranking Amps @ 0° F (Primary) 800 Cold Cranking Amps @ 0° F (2nd) 800 Cold Cranking Amps @ 0° F (3rd) N/A Maximum Alternator Capacity (amps) 220 Cooling System
Total Cooling System Capacity N/A
F.2.b
Packet Pg. 45
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 13
Vehicle
Emissions
Tons/yr of CO2 Emissions @ 15K mi/year 8.8 EPA Greenhouse Gas Score 3.0 Chassis
Weight Information
Standard Weight - Front 0.00 lbs Standard Weight - Rear 0.00 lbs Base Curb Weight 5347 lbs Gross Axle Wt Rating - Front N/A Gross Axle Wt Rating - Rear N/A Curb Weight - Front N/A Curb Weight - Rear N/A Option Weight - Front 0.00 lbs
Option Weight - Rear 0.00 lbs Reserve Axle Capacity - Front N/A Reserve Axle Capacity - Rear N/A As Spec'd Curb Weight N/A As Spec'd Payload N/A Maximum Payload Capacity N/A
Gross Combined Wt Rating 13100 lbs Gross Axle Weight Rating N/A Curb Weight N/A Reserve Axle Capacity N/A
Total Option Weight 0.00 lbs Payload Weight Front 0 lbs Payload Weight Rear 0 lbs Gross Vehicle Weight Rating 7100.00 lbs Trailering
Dead Weight Hitch - Max Trailer Wt. 5000 lbs Dead Weight Hitch - Max Tongue Wt. 500 lbs Wt Distributing Hitch - Max Trailer Wt. 7200 lbs Wt Distributing Hitch - Max Tongue Wt. 720 lbs Fifth Wheel Hitch - Max Trailer Wt. N/A Fifth Wheel Hitch - Max Tongue Wt. N/A Maximum Trailering Capacity 7200 lbs
Frame
Frame Type N/A Sect Modulus Rails Only N/A
Frame RBM N/A Frame Strength N/A
Frame Thickness N/A
Suspension
Suspension Type - Front Short And Long
Arm
Suspension Type - Rear Multi-Link
Spring Capacity - Front N/A Spring Capacity - Rear N/A
F.2.b
Packet Pg. 46
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 14
Chassis
Suspension
Axle Type - Front Independent Axle Type - Rear Independent Axle Capacity - Front N/A Axle Capacity - Rear N/A
Axle Ratio (:1) - Front 3.09 Axle Ratio (:1) - Rear 3.09 Shock Absorber Diameter - Front N/A Shock Absorber Diameter - Rear N/A Stabilizer Bar Diameter - Front N/A Stabilizer Bar Diameter - Rear N/A Tires
Front Tire Order Code TXQ Rear Tire Order Code TXQ
Spare Tire Order Code N/A Front Tire Size P255/60TR18
Rear Tire Size P255/60TR18 Spare Tire Size Compact
Front Tire Capacity N/A Rear Tire Capacity N/A
Spare Tire Capacity N/A Revolutions/Mile @ 45 mph - Front N/A Revolutions/Mile @ 45 mph - Rear N/A Revolutions/Mile @ 45 mph - Spare N/A Wheels
Front Wheel Size 18 X 8 in Rear Wheel Size 18 X 8 in
Spare Wheel Size Compact in Front Wheel Material Aluminum Rear Wheel Material Aluminum Spare Wheel Material Steel Steering
Steering Type Rack-Pinion Steering Ratio (:1), Overall N/A Steering Ratio (:1), On Center N/A Steering Ratio (:1), At Lock N/A Turning Diameter - Curb to Curb 41 ft Turning Diameter - Wall to Wall N/A Brakes
Brake Type 4-Wheel Disc Brake ABS System 4-Wheel
Brake ABS System (Second Line) 4-Wheel Disc - Front (Yes or ) Yes Disc - Rear (Yes or ) Yes Front Brake Rotor Diam x Thickness 13.8 in Rear Brake Rotor Diam x Thickness 13 in Drum - Rear (Yes or ) N/A Rear Drum Diam x Width N/A
F.2.b
Packet Pg. 47
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 15
Chassis
Fuel Tank
Fuel Tank Capacity, Approx 24.6 gal Aux Fuel Tank Capacity, Approx N/A Fuel Tank Location N/A Aux Fuel Tank Location N/A
Dimensions
Interior Dimensions
Passenger Capacity 5 Front Head Room 39.9 in
Front Leg Room 40.3 in Front Shoulder Room 58.5 in
Front Hip Room 57 in Second Head Room 39.8 in
Second Leg Room 38.6 in Second Shoulder Room 50.4 in
Second Hip Room 42.8 in
Exterior Dimensions
Wheelbase 119.8 in Length, Overall w/rear bumper N/A
Length, Overall 200.8 in Width, Max w/o mirrors 75.8 in Height, Overall 72.9 in Track Width, Front 63.9 in
Track Width, Rear 64.1 in Overhang, Front N/A
Overhang, Rear w/o bumper N/A Front Bumper to Back of Cab N/A Cab to Axle N/A Cab to End of Frame N/A
Ground to Top of Load Floor N/A Ground to Top of Frame N/A Frame Width, Rear N/A Ground Clearance, Front N/A
Ground Clearance, Rear N/A Min Ground Clearance 8.1 in
Body Length 0.00 ft Rear Door Opening Height N/A
Rear Door Opening Width N/A Liftover Height 32.2 in
Cab to Body N/A
Cargo Area Dimensions
Cargo Area Length @ Floor to Seat 1 N/A Cargo Area Length @ Floor to Seat 2 N/A Cargo Area Length @ Floor to Seat 3 N/A Cargo Box Width @ Top, Rear N/A Cargo Area Width @ Beltline N/A Cargo Box Width @ Floor N/A Cargo Box Width @ Wheelhousings N/A Cargo Box (Area) Height N/A Tailgate Width N/A Cargo Volume N/A
F.2.b
Packet Pg. 48
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2025 Dodge Durango (WDEE75) Pursuit AWD (11) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23572. Data Updated: Sep 30, 2024 7:05:00 PM PDT.

Oct 1, 2024 Page 16
Dimensions
Cargo Area Dimensions
Cargo Volume to Seat 1 85.1 ft³ Cargo Volume to Seat 2 43.3 ft³ Cargo Volume to Seat 3 43.3 ft³ Ext'd Cab Cargo Volume N/A F.2.b
Packet Pg. 49
Attachment: Unmarked Investigations Replacement Vehicle Quote (3459 : Purchase of Police Vehicles) City Council
Staff Report
Agenda Item: F.3
Date: November 4, 2024
Department:

Public Works and
Engineering Services
AGENDA TITLE: Award Construction Contract to Cowan & Thompson Inc. for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, Project No. 4076 and Related Actions
RECOMMENDATION:

BACKGROUND:

The City Council adopted a capital improvement project in 2021 titled Camino Pablo Pathway Rehabilitation (Project #4076). The Project includes work located on the east side of Camino Pablo, from Manzanita Drive to the Orinda Sports Field parking lot adjacent to Wagner Ranch School (at the intersection of Camino Pablo and Los Amigos). The asphalt pathway is in degraded condition and requires surface rehabilitation work to maintain this aging facility for heavy pedestrian and bicycle use.

The rehabilitation work is considered a high priority project for the City’s bikeways, trails, and pedestrian walkways and was selected by Traffic Safety Advisory Committee (TSAC) for submission for a Transportation Development Act (TDA) grant.

The City was awarded $120,000 from the TDA grant for construction in 2021. Delays in the design and construction of the project have been due to limited Staff time to dedicate to the project. The City received an extension on the grant that was due to expire in mid-2024, as indicated on the Project sheet in the Capital Improvement Program.

DISCUSSION:

The Project was advertised for bids starting on September 18, 2024. Ten bids were received on October 22, 2024, with results shown below. The Engineer’s Estimate for the project was $110,000.

Bidder Bid Amount, $
Cowan & Thompson Construction Inc. $ 79,111.04
Rapid Grading Services $ 81,017.40
D's General Engineering $ 102,242.00
Tri Valley Excavating Co., Inc. $ 103,592.00
F.3
Packet Pg. 50
APENA Engineering $ 114,130.60
E.E. Gilbert Construction Inc. $ 115,419.00
Siteworks Construction Inc. $ 123,145.70
Kerex Engineering, Inc. $ 128,982.00
MCE Corporation $ 135,454.00
FJ&I Engineering Inc. $ 210,080.00
In addition to the recommendation for the contract award to Cowan & Thompson, Staff recommends a contingency of approximately 20% ($15,890) be authorized to accommodate potential changes or unforeseen changes in conditions.

City Council approval of the construction plans (Attachment B) is recommended, in accordance with the design immunity defense requirements listed under California Government Code Section 830.6.

With respect to CEQA guidelines, the Project was determined to be Categorically Exempt under section 15301, class 1 (c), and a Notice of Exemption was filed with the County Clerk on 1-11-2021.

NEXT STEPS:

Upon approval of the award of the construction contract, the contract (Attachment C, standard city construction contract) will be delivered to the contractor for signature and evidence of insurance preparation. After the completed contract documents have been reviewed by the City Attorney, the contract will be executed by the City Manager.

Project construction is estimated to begin later this month.

FISCAL IMPACT:

The total estimated cost of the current construction contract, including contingencies, is $95,000. The sources of funding are Fund 263 Transportation Development Act (TDA) from the approved CIP project 4076, Camino Pablo Pathway Rehabilitation which has authorized budget for construction of $120,000.

The adopted construction budget for the work is ample for the proposed contract value and the contingency. At the conclusion of the work and acceptance of the contract, Staff will prepare an invoice to MTC for TDA grant reimbursement.

ATTACHMENTS:

A. Camino Pablo Pathway 2024 Bid Proposal 2024-10-22
B. Final Plans - Camino Pablo Pathway 091224
C. Contract Cowan & Thompson Camino Pablo Pathway
D. Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, Project No. 4076 F.3
Packet Pg. 51
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Ryan Okane, Senior Engineer
Approved by:

F.3
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F.3.a
Packet Pg. 53
Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo F.3.a
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Attachment: Camino Pablo Pathway 2024 Bid Proposal 2024-10-22 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo CITY OF ORINDA CAMINO PABLO PATHWAY LOS AMIGOS COURT TO MANZANITA DRIVE CONTRA COSTA COUNTY, CALIFORNIA VICINITY MAP MANZANITA DRIVE LOS A LOCATION MAP CAMINO PATHWAY LOCATION GENERAL NOTES DEPARTMENT OF PUBLIC WORKS MIGOS CT PABLO CAMINO PABLO PATHWAY LOS AMIGOS COURT TO MANZANITA DRIVE 930 Estudillo Street Martinez, California 94553-1620 (925) 228-4218 Fax (925) 228-4638 www.lcc-inc.com ENGINEERING & SURVEYING, INC. CITY PROJECT NO. 4076 SHANTON CT MONT E V IS DR TA
9-12-2024
F.3.b
Packet Pg. 71
Attachment: Final Plans - Camino Pablo Pathway 091224 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo Pathway Project 4076) DEMOLITION NOTES CIVIL CONSTRUCTION NOTES TREE PROTECTION NOTES PAVING NOTES ABBREVIATIONS CAMINO PABLO PATHWAY LOS AMIGOS COURT TO MANZANITA DRIVE 930 Estudillo Street Martinez, California 94553-1620 (925) 228-4218 Fax (925) 228-4638 www.lcc-inc.com ENGINEERING & SURVEYING, INC. F.3.b Packet Pg. 72
Attachment: Final Plans - Camino Pablo Pathway 091224 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo Pathway Project 4076) CAMINO PABLO PATHWAY LOS AMIGOS COURT TO MANZANITA DRIVE 930 Estudillo Street Martinez, California 94553-1620 (925) 228-4218 Fax (925) 228-4638 www.lcc-inc.com E
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C. TYPICAL SECTION SCALE: HORIZONTAL 1"=5'; VERTICAL 1"=2' ~ TYPICAL SECTION SCALE: HORIZONTAL 1"=5'; VERTICAL 1"=2' ~
A
B STA 0+72 TO STA 1+80 (TAKEN AT STA 1+00) (TAKEN AT STA 2+00) STA 1+80 TO 2+30 F.3.b Packet Pg. 73
Attachment: Final Plans - Camino Pablo Pathway 091224 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo Pathway Project 4076) CAMINO PABLO PATHWAY LOS AMIGOS COURT TO MANZANITA DRIVE 930 Estudillo Street Martinez, California 94553-1620 (925) 228-4218 Fax (925) 228-4638 www.lcc-inc.com ENGINEERING & SURVEYING, INC. SECTION TAKEN AT (5+00) SCALE: HORIZONTAL 1"=5'; VERTICAL 1"=2' TYPICAL SECTION (5+50) STA 5+35 TO STA 6+25 SCALE: HORIZONTAL 1"=5'; VERTICAL 1"=2' SECTION TAKEN AT (3+40) ~ SECTION TAKEN AT (3+77) SCALE: HORIZONTAL 1"=5'; VERTICAL 1"=2' SECTION TAKEN AT (4+67) SCALE: HORIZONTAL 1"=5'; VERTICAL 1"=2' C ~D ~E ~F ~G STA 2+30 TO STA 5+35 SCALE: HORIZONTAL 1"=5'; VERTICAL 1"=2' F.3.b Packet Pg. 74
Attachment: Final Plans - Camino Pablo Pathway 091224 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo Pathway Project 4076) CAMINO PABLO PATHWAY LOS AMIGOS COURT TO MANZANITA DRIVE 930 Estudillo Street Martinez, California 94553-1620 (925) 228-4218 Fax (925) 228-4638 www.lcc-inc.com ENGINEERING & SURVEYING, INC. TYPICAL SECTION (7+00) TYPICAL SECTION (7+50) TYPICAL SECTION (8+00) ~I ~J ~K SCALE: HORIZONTAL 1"=5'; VERTICAL 1"=2' STA 6+25 TO STA 7+31 SCALE: HORIZONTAL 1"=5'; VERTICAL 1"=2' STA 7+31 TO STA 7+56 SCALE: HORIZONTAL 1"=5'; VERTICAL 1"=2' STA 7+56 TO STA 8+28 TYPICAL SECTION (6+16) ~H SCALE: HORIZONTAL 1"=5'; VERTICAL 1"=2' F.3.b Packet Pg. 75
Attachment: Final Plans - Camino Pablo Pathway 091224 (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo Pathway Project 4076) CAMINO PABLO PATHWAY LOS AMIGOS COURT TO MANZANITA DRIVE 930 Estudillo Street Martinez, California 94553-1620 (925) 228-4218 Fax (925) 228-4638 www.lcc-inc.com ENGINEERING & SURVEYING, INC. F.3.b Packet Pg. 76
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CITY OF ORINDA

CONSTRUCTION CONTRACT
for

CAMINO PABLO PATHWAY

LOS AMIGOS COURT TO MANZANITA DRIVE
Project No. 4076
Project Name and Contract No.

THIS CONTRACT FOR CONSTRUCTION is made and entered into the date of the last signature affixed hereto by and between the City of Orinda, a municipal corporation (herein called the City) and Cowan & Thompson Construction, Inc., a Corporation located at 888 Howe Road, Martinez, CA 94553 (herein called Contractor).

RECITALS
A. WHEREAS, the City has caused to be prepared in the manner prescribed by law, certain plans, specifications and other contract documents for the public work of construction titled Camino Pablo Pathway Los Amigos Court To Manzanita Drive Project No. 4076 herein described and shown, and has approved and adopted the Contract Documents, as that term is defined below, including the specifications and plans, and has caused to be published in the manner and for the time required by law a Notice Inviting Bids for the work described in the Contract Documents (the Work), and
B. WHEREAS, Contractor in response to the City’s Notice has submitted to the City a sealed bid proposal “Proposal”, dated 10-22-2024 (attached as Exhibit H) accompanied by a bid guaranty in an amount not less than ten percent (10%) of the amount bid for the construction of “All” or “Base Bid plus Additive Alternates” of the proposed Work in accordance with the terms of the Contract Documents, and
C. WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and declared the bids submitted and as a result has determined and declared Contractor to be the lowest responsible bidder and has duly awarded to Contractor a contract for all of the Work and for the sum or sums named in the bid proposal and in this Contract.

Accordingly, the City and Contractor agree as follows:

1. CONTRACT SUM: The City agrees to pay, and Contractor agrees to accept, in full payment for the above Work, the sum of Seventy Nine Thousand One Hundred Eleven dollars and Four cents ($79,111.04) to be paid in accordance with the Contract Documents.

2. COMPLIANCE WITH LAW: The City is a public agency. All provisions of law applicable to public contracts are a part of this Contract to the same extent as though set forth herein and will be complied with by Contractor. This Contract is subject to State contract nondiscrimination and compliance requirements pursuant to Government Code section 12990.

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3. CONTRACT DOCUMENTS: The following Contract Documents relating to this Contract for Construction are hereby made a part of and incorporated by reference into this Contract:

I. Notice to Bidders and Special Provisions
A. Engineering Plans/Drawings and Specifications prepared for this Project.

B. State of California Dept. of Transportation, 2018 Standard Specifications C. State of California Dept. of Transportation, Revised Standard Specifications attached to the Special Provisions
D. Special Provisions
E. State of California Dept. of Transportation, 2018 Standard Plans F. State of California Dept. of Transportation, Revised Standard Plans listed in the Standard Plan List and attached to the Special Provisions G. Any Supplemental Contract Information
II. Proposal & Sample Contract
A. List of Subcontractors
B. Non-Collusion Declaration
C. Public Contract Code Section 10162 Questionnaire
D. Public Contract Section 10232 Statement
E. Public Contract Code Section 102851.1 Statement
F. Bidder’s Bond
III. Construction Contract
A. Compliance with Insurance Requirements declaration (Exhibit A) B. Performance Bond (Exhibit B)
C. Labor and Material Bond (Exhibit C)
D. Warranty and Guaranty (Exhibit D)
E. Affidavit Concerning Conflicts of Interest and Noncompetitive Practices (Exhibit E)
F. Certificates of Insurance, Endorsements, and other evidence of insurance provided pursuant to this Contract and accepted by the City (Exhibit F) G. Contractor Safety Program: Self-Certification Worksheet (Exhibit G) H. Contractor In-Use Off-Road Diesel-Fuel Regulations Assurances (Exhibit H) I. Proposal submitted by Contractor (Exhibit I)
Any work called for in one Contract Document not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents.

4. EFFECTIVE DATE: This Contract shall not be effective and no payments to Contractor will be made until:
a. The City has received satisfactory evidence that Contractor has met all of the insurance requirements of this Contract;
b. All required signatures, including those of the City Manager, the City Attorney, and the City Clerk have been obtained; and
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c. All bonds required by this Contract have been obtained and filed with the City.

5. INDEMNIFICATION: The City of Orinda and all officers, employees, and agents thereof connected with the Work, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City’s officers or employees.

To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officials, employees and agents, from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorneys’ fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor’s employees and subcontractors), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of Contractor’s fault or negligence, including any of the same resulting from City’s alleged or actual negligent act or omission, or its agents, contractors or employees; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, its constituent entities, its and their officers, agents, or servants who are directly responsible to City. In instances where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion of percentage of liability not attributable to the active negligence of the City.

Contractor shall be obligated to immediately defend, with counsel approved by the City, any suit or action brought against the City, its elected and appointed officials, employees and agents, founded upon any claim of injury to or death sustained by any person (including Contractor’s employees and subcontractors), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, whether or not liability is established. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Contractor may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs. This indemnification and duty to defend shall extend to claims asserted after termination of this Contract for whatever reason.

In addition to any remedy authorized by law, as much of the money due Contractor under and by virtue of this Contract as shall be considered necessary by the City, may be retained by the City until disposition has been made of such suits or claims for damage.

The City and Contractor shall timely notify each other of the receipt of any third-party claim relating to the contract. The City shall be entitled to recover its reasonable costs incurred in providing such notification.

6. INSURANCE TYPES AND LIMITS: Contractor shall promptly obtain, at its own expense, all the insurance described in this section, and submit coverage verification for review and F.3.c
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approval by the City. This insurance shall be in addition to any other form of insurance or bonds required under the terms of this Contract.

To the extent that Contractor’s insurance documentation is not in compliance with the requirements of this Contract and the City Attorney is required to intervene to explain and obtain the proper documentation from Contractor’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Contractor would otherwise be entitled under the terms of this Contract.

Contractor shall include all costs for all insurance in its bid.

Nothing contained in these insurance requirements is to be construed as limiting the extent of Contractor’s responsibility for payment of damages resulting from its operations under this Contract. Contractor’s failure to provide or maintain the insurance required by this Contract shall not affect Contractor’s obligations under this Contract.

Contractor, at Contractor’s own expense, shall procure, pay for, and maintain throughout the duration of this Contract the following insurance coverage against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors.

Companies writing the insurance under this article shall be authorized to do business in the State of California. Insurance is to be placed with insurers possessing an A.M. Best rating of no less than A:VII.
a. Workers’ Compensation Coverage. Contractor shall maintain workers’ compensation insurance and employer’s liability insurance for Contractor’s employees in accordance with Sections 3700 et seq. of the California Labor Code. In addition, Contractor shall require each subcontractor involved with the Work to be performed under this Contract to similarly maintain workers’ compensation insurance and employer’s liability insurance for all of subcontractor’s employees in accordance with Sections 3700 et seq. of the California Labor Code. The workers’ compensation policy shall include employers’ liability in an amount not less than $1,000,000 for each accident, bodily injury by disease, and $1,000,000 for each employee bodily injury by disease. The workers’ compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all Work performed by Contractor, its employees, agents and subcontractors.
b. General Liability Coverage. Contractor shall maintain commercial general liability insurance and umbrella or excess liability insurance covering all operations by or on behalf of Contractor providing insurance for bodily injury liability and property damage liability for the following limits per occurrence and including coverage for:
(1) premises, operations and mobile equipment; (2) products and completed operations; (3) broad form property damage (including completed operations); (4) explosion, collapse, and underground hazards; (5) personal and advertising injury; and (6) contractual liability.

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Liability Limits
Total bid For each
occurrencea
Aggregate for
products/
completed
operation
General
aggregateb
Umbrella or
excess
liabilityc
≤ $1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 > $1,000,000
≤ $2,000,000 $2,000,000 $4,000,000 $4,000,000 $5,000,000 > $2,000,000
≤ $5,000,000 $5,000,000 $5,000,000 $5,000,000 $10,000,000 > $5,000,000 $5,000,000 $5,000,000 $5,000,000 $15,000,000 a Combined single limit for bodily injury and property damage. b This limit must apply separately to your work under this Contract. c The umbrella or excess policy must contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted.

If Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance in amounts not less than $2,000,000 per occurrence for bodily injury and property damage for all activities arising out of or in connection with the Work to be performed under this Contract. A combination of an automobile liability policy and a “follow-form” excess liability or umbrella policy may be utilized to achieve these limits. All automobiles and trucks owned, non-owned or hired shall be covered.

7. ADDITIONAL INSURANCE REQUIREMENTS:
a. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i. Additional Insureds. The City and its officers, officials, employees, agents, volunteers, and those individuals identified in section 7-1.06D(2) of the special provisions shall be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10 and CG 20 37 forms if later revisions used), or as a separate owner’s policy. Forms covering additional insureds only for liability caused in whole or part by Contractor’s acts or omissions are NOT acceptable.

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ii. Contractor’s Policy Primary. For any claims related to the Work, Contractor’s policy shall be considered primary insurance as to the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers, shall be excess of Contractor’s insurance only and shall not contribute with it. b. Period of Effect. All insurance required by this Contract shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. In addition, the general liability coverage shall be maintained for a minimum of five (5) years after final completion and acceptance of the Work. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Contract, the City at its sole discretion may purchase the coverage as required and the cost will be paid by Contractor. The Notice to Proceed does not relieve Contractor of the duty to obtain such insurance as required herein.
c. Notice. Contractor shall not cancel, assign, or change any policy of insurance required by this Contract or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this Contract except after providing 30 days prior written notice to the City. If an insurance policy required by this Contract is unilaterally cancelled or changed by the insurer, the Contractor shall immediately provide written notice to the City and obtain substitute insurance meeting the requirements of this Contract. Each insurance policy required by this Contract shall provide that coverage shall not be canceled, except with notice to the City. Nothing in this subsection relieves Contractor of its obligation to maintain all insurance required by this Contract at all times during the prosecution of the Work. Insurance policies shall have provisions requiring that City be given minimum 10 day notice of cancellation for nonpayment of premium. d. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, agents and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of loses and related investigations, claim administration and defense expenses. e. No insurance policy required herein shall be written as claims-made coverage. Insurance must be written on an occurrence basis.
f. Failure of the City to enforce in a timely manner any of the provisions of this Contract, including the Contract’s insurance provisions, shall not act as a waiver to enforcement of any of these provisions at a later date. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these provisions, at any time.
g. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein.

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h. Contractor hereby agrees to waive rights of subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. i. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. EVIDENCE OF INSURANCE: Contractor shall provide (1) certificates of insurance and (2) original written endorsements as evidence of the insurance coverage required by this Contract. The endorsements are to be signed by a person authorized by that Insurer to bind coverage on its behalf. Certificates and endorsements shall be filed with the City and are considered an integral part of this Contract, which shall not become effective until satisfactory evidence of insurance has been received and approved by the City. However, failure of Contractor to provide satisfactory evidence of insurance or failure of the City to approve satisfactory evidence of insurance shall not operate as a waiver of these insurance requirements. As noted above, the endorsements of insurance coverage shall specifically:
a. Endorse the City, its officers, officials, employees, agents and volunteers, and those individuals identified in section 7-1.06D(2) of the special provisions, as additional insureds for general liability coverage and automobile liability coverage; b. Provide that Contractor’s insurance is primary as to the City’s coverage, which shall be non-contributory for general liability coverage and automobile liability coverage; c. Provide that the City is named as a loss payee for the builder’s risk (course of construction) coverage; and
d. Provide that Contractor waives rights of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors for the workers’ compensation coverage.
e. Provide that coverage shall not be canceled, except with notice to the City.

9. WORKERS COMPENSATION CERTIFICATION : By signing this Agreement, Contractor certifies the following “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.”

10. PROHIBITED INTEREST: Contractor represents that to the best of its knowledge no officer or employee of the City has any financial interest in this transaction or in the business of Contractor; has used his or her position considering or approving the Contract for private gain or advantage; or has received any money or other consideration for approval of this Contract. Contractor further represents that to the best of its knowledge no officer or employee of the City is engaged in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties in approving this Contract. If any such interest, employment, activity, or enterprise comes to the F.3.c
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knowledge of Contractor at any time, a full and complete disclosure of all such information shall be made in writing to the City, even if such interest would not be considered a conflict of interest under Article IV Division 4 Section 1090 or section 1126 of the Government Code of the State of California. No officer, or employee of the City or of any of its member jurisdictions during his/her tenure of office, or for one year thereafter, shall have any interest, financial or otherwise, in this Contract or the proceeds therefrom.

11. NOTICES: Any notices to be given hereunder by either party to the other may be effected either by personal delivery, fax or mail. Mail shall be sent registered or certified, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses set forth below, but each party may change its address by written notice in accordance with this paragraph. Notices delivered personally shall be effective immediately.

Notices sent by mail shall be effective one (1) day after mailing. Notices sent by facsimile shall be effective upon transmission to the number set forth below.

CITY OF ORINDA CONTRACTOR
Director of Public Works Cowan & Thompson Construction, Inc.

City of Orinda 888 Howe Road
22 Orinda Way Martinez, CA 94553
Orinda, California 94563
Fax: (925) 253-7699 Attn: Hylie Thompson

12. BONDS:
a. Performance Bond: A performance bond as shown in Exhibit B shall be provided in the amount of 100% of the contract price.
b. Labor and Materials: A labor and materials bond as shown in Exhibit C shall be provided in the amount of 100% of the contract price.
c. Proof of Admitted Surety Insurer Status. A certificate of admitted surety insurer status shall be attached to each bond. Proof of that status shall be in either of the following forms: (a) a printout of information from the website of the Department of Insurance confirming the surety is an admitted surety insurer or (b) the Contra Costa County Clerk’s certificate under Code of Civil Procedure section 995.640(a).

13. CONTRACTOR’S BOOKS AND RECORDS: Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this contract, including properly executed payrolls, time records, invoices and vouchers.

Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract.

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Contractor shall maintain all documents and records that demonstrate performance under this Contract for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Contract.

Any records, data or documents required to be maintained pursuant to this Contract shall be made available for inspection, copying or audit, at any time during regular business hours, upon written request by the City or a designated representative for the purpose of auditing and verifying statements, performance, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Copies of such documents shall be provided to the City for inspection at City’s facility when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in the Contract.

Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, the City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained at the City’s facility. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

Pursuant to California Government Code section 8546.7, the parties to this Contract may be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the Contract. Any such examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering the Contract.

Contractor and all subcontractors shall furnish the records specified in California Labor Code section 1776 directly to the Labor Commissioner in accordance with law. Contractor shall post all job site notices that are required by regulations of the Department of Industrial Relations. The work performed pursuant to this Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

14. WARRANTY AND GUARANTY: Contractor shall provide the City with a completed warranty and guaranty as shown in Exhibit D.

15. CONFLICTS OF INTEREST AND NONCOMPETITIVE PRACTICES AFFIDAVIT:

Contractor shall provide the City with a completed affidavit concerning conflicts of interest and noncompetitive practices as shown in Exhibit E.

16. FAITHFUL PERFORMANCE: Contractor agrees to do all things necessary to faithfully perform and complete the Work.

17. WARRANTIES:
a. Warranty of Title: Contractor warrants to the City and its successors and assigns that the title to the materials, supplies or equipment covered by this Contract, when delivered to F.3.c
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the City or its successors or assigns, shall be free from all liens and encumbrances. b. Warranty of Fitness: Contractor warrants that all materials, supplies and products furnished meet the requirements and conditions of the Contract Documents and are fit for the purpose intended.
c. Warranty of Merchantability: Contractor warrants that the goods are merchantable in accordance with California Commercial Code section 2314. In accepting this and other warranties and the materials or supplies to be manufactured or assembled pursuant to the Contract Documents, the City does not waive any warranty, either express or implied, in California Commercial Code sections 2312 through 2315, inclusive, or any liability of the manufacture as determined by any decision of a court of the State of California or the United States.
d. Registration: Contractor represents and warrants that it and all subcontractors working under this Contract are registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code.

18. WAIVER: No waiver of any breach of the terms, conditions or covenants of this Contract shall be construed to be a waiver of any succeeding breach of the same or any other covenants, conditions or terms of this Contract.

19. TIME OF THE ESSENCE: Time is of the essence in this Contract.

20. CONTROLLING LAW: This Contract and all matters relating to it shall be governed by the laws of the State of California.

21. ENTIRE AGREEMENT: It is expressly agreed between the City and Contractor that this Contract, including the Contract Documents listed in paragraph 3 and incorporated herein, expresses the complete and integrated agreement between the parties and supersedes all prior oral or written negotiations, agreements and understandings between them regarding the subject matter hereof. There are no other terms and provisions, implied or otherwise, written or oral, respecting the subject of this Contract.

22. AMENDMENT: This Contract may be amended only by a written agreement signed by the parties.

23. SPECIAL NOTICE:

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION

TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A

LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION.

ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE F.3.c
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REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

This Contract is executed by the City upon approval by the Council at its regular meeting of November 4, 2024.

CITY OF ORINDA CONTRACTOR
By: By:

Linda Smith Print Name:

City Manager Title:

Authorized representative of Contractor
Signature must be notarized. Attach acknowledgement
Date: Date:

Attest: If Contractor is a corporation, affix corporate Sheri M. Smith seal here
City Clerk
Approved as to Form:

Osa L. Wolff
City Attorney
Exhibits
A. Compliance with Insurance Requirements declaration
B. Performance Bond
C. Labor and Material Bond
D. Warranty and Guaranty
E. Affidavit Concerning Conflicts of Interest and Noncompetitive Practices F. Insurance Documents To Be Provided by Contractor
i. Workers’ Compensation Certificate of Insurance
ii. Workers’ Compensation Insurance Endorsements
iii. Automobile Liability Certificate of Insurance
iv. Automobile Liability Insurance Endorsements
v. General Liability Certificate of Insurance
vi. General Liability Insurance Endorsements
G. Contractor Safety Program – Self Certification Worksheet H. Contractor In-Use Off-Road Diesel-Fuel Regulations Assurances I. Proposal submitted by Contractor
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EXHIBIT A

COMPLIANCE WITH INSURANCE REQUIREMENTS
To comply with this Contract, I, the undersigned, declare that I have provided certificates of insurance and original signed written endorsements (or other policy language) as evidence of the insurance coverage required by this Contract, which include the following.

A. Additional Insureds.

With respect to my general liability and automobile insurance coverage, I have attached to this Contract endorsements that add the City of Orinda, its officials, employees, agents, volunteers, and those individuals identified in section 7-1.06D of the special provisions as additional insureds. Acceptable additional insured endorsements for general liability insurance coverage include CG 10 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.

B. Primary Insurance.

With respect to my general liability and automobile insurance coverage, I have attached to this Contract endorsements that demonstrate my insurance is primary as to the City’s insurance for any claim arising out of the subject of this Contract. The endorsements expressly state that the City’s insurance is excess insurance only and shall not be required to contribute to a loss that is covered by my insurance.

D. Waiver of Subrogation.

With respect to my workers compensation insurance coverage, I have attached to this Contract an endorsement with a waiver of subrogation in favor of the City for all Work performed by the Contractor, its employees, agents and subcontractors.

E. Notice of Cancellation.

With respect to all insurance policies, I have attached to this Contract endorsements providing that coverage shall not be canceled, except with notice to the City.

Alternatively, I have attached pages from my insurance contracts that provide satisfactory evidence that my policies cover these requirements without the need for an endorsement.

I, the undersigned, further declare that I am aware of the provisions of Section 3700 of the Labor Code which require 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.

CONTRACTOR NAME
Date:

CONTRACTOR SIGNATURE
[Signature must be notarized. Attach acknowledgement form.] SIGNATORY’S TITLE/OFFICIAL CAPACITY
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Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo

EXHIBIT B

PERFORMANCE BOND
Bond No:

Premium:

Contract No:

WHEREAS, the City of Orinda, State of California, and Cowan & Thompson, Inc., (Principal), have entered into a Contract in which Principal agrees to install and complete certain designated public improvements described as Camino Pablo Pathway Los Amigos Court To Manzanita Drive Project No. 4076, and;
WHEREAS, the Principal is required under the terms of the Contract for furnish a bond for faithful performance of the Contract.

NOW, THEREFORE, we, the Principal and ,
as corporate surety, are held and firmly bound unto the City of Orinda, (City), in the sum of dollars ($ )
lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors and administrators, jointly and severally.

The condition of this obligation is such that if the above Principal, his/her 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 Contract and any alteration thereof made as therein provided, on this 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, it shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ 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 Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition of the terms of the Contract or to the Work or to the specifications.

The surety is an "admitted surety insurer" as described in California Code of Civil Procedure §995.120. A certificate of admitted surety insurer status is attached to this bond. Proof of that status shall be in either of the following forms: (a) a printout of information from the website of the Department of Insurance confirming the surety is an admitted surety insurer or (b) the Contra Costa County Clerk’s certificate under CCP§995.640(a).

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Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20 .

Date:

Surety
[Signature must be notarized. Attach acknowledgement form.] Date:

Contractor
[Signature must be notarized. Attach acknowledgement form.] Title (Designated Official Capacity)
Note: Power of Attorney must be attached for signatory for surety. In addition, a certificate of admitted surety insurer status shall be attached.

NAME AND ADDRESS OF CONTRACTOR:

Cowan & Thompson, Inc., 888 Howe Rd., Martinez, CA 94553 NAME AND ADDRESS OF SURETY:

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Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo

EXHIBIT C

LABOR AND MATERIAL BOND
Bond No:

Premium:

Contract No:

WHEREAS, the City of Orinda, State of California, and Cowan & Thompson, Inc., (Principal), have entered into a Contract in which Principal agrees to install and complete certain designated public improvements described as Camino Pablo Pathway Los Amigos Court To Manzanita Drive Project No. 4076, and;
WHEREAS, under the terms of the Contract, Principal is required to file a good and sufficient payment with the City of Orinda to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, the Principal and ,
as corporate surety are held firmly bound unto the City of Orinda and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the Contract and referred to in the above-mentioned Civil Code in the sum of
dollars ($ ), for materials furnished or labor on the project of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the surety will pay the same in an amount not exceeding the amount set forth above, and also in case suit is brought upon this bond, will pay, in addition to the amount set forth above, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment rendered.

THE CONDITION OF THIS OBLIGATION IS SUCH that:

1. If the Principal, its heirs, executors, administrators, successors, or assigns fail to pay for any materials, provisions, or other supplies or teams used in, on, for, or about the performance of the work contracted to be done, or for any work or labor on the project of any kind, as required by California Civil Code section 3247 et seq., and

2. If the Principal fails to pay (1) any of the persons named in Civil Code section 3181, (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract or (3) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, and

3. If those entitled to be paid (the persons, companies, or corporations furnishing the materials, provisions or other supplies, teams, appliances or power to be used in, on, for, or about the performance of the work contracted to be executed or performed, or any person contributing to said work to be done or any person who performs work or labor on the project, or supplies both work and materials for the project) have complied with California Civil Code section 3247 et seq., then the Surety will pay the same in or to any amount not exceeding one hundred percent (100%) of the Contract amount and also, in case suit is brought on this bond, the Surety will pay such reasonable attorneys’ fees and costs and expenses of litigation as shall be fixed by the court, awarded and taxed as provided in California Civil Code section 3247 et seq.

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Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo This bond shall inure to the benefit of any of the persons and entities identified in Section 3181 so as to give a right of action to those persons or their assigns in any suit brought on the bond.

Should the conditions 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 stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract shall in any manner affect its obligations on this bond, and it waives notice of any such change, extension, alternation or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20 .

Date:

Surety
[Signature must be notarized. Attach acknowledgement form.] Date:

NAME AND ADDRESS OF CONTRACTOR:

Cowan & Thompson, Inc., 888 Howe Rd., Martinez, CA 94553 NAME AND ADDRESS OF SURETY:

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Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo

EXHIBIT D

WARRANTY AND GUARANTY
To the CITY OF ORINDA,
Contractor hereby warrants and guarantees for one (1) year from and after the date of completion of the services provided for in this Contract that said materials and labor necessary for the Camino Pablo Pathway Los Amigos Court To Manzanita Drive Project No. 4076 shall operate as provided for in the Contract Documents. During the term of this warranty, Contractor shall provide all materials, parts and labor, at its own expense, which are necessary to repair and/or correct any and all defects, installation or operational failures in the equipment from any cause. Notwithstanding the foregoing, Contractor shall not be required to bear the expense of correction of any failure in the equipment that is caused by the sole or active negligence or willful misconduct of the City. The warranties of each part or component supplied are in addition to the warranties required of Contractor in other Contract Documents.

Should any of the work prove defective, due to faulty workmanship, materials furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, or if any work performed under this Contract fails to fulfill any of the requirements of the Contract Documents, all within one year after date on which the Work is accepted by the City, or after relief from maintenance, whichever is latest, the undersigned agrees to without delay and without any cost to the City to repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work so that said Work will function successfully as originally contemplated. Should Contractor fail to act promptly or in accordance with this requirement, or should the situation require that repairs or replacements be made before Contractor can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Contractor shall pay to the City the actual cost of such repairs. Contractor shall also pay to the City any attorneys’ fees incurred to enforce this guaranty.

CONTRACTOR NAME
Date:

CONTRACTOR SIGNATURE
[Signature must be notarized. Attach acknowledgement form.] SIGNATORY’S TITLE/OFFICIAL CAPACITY
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Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo

EXHIBIT E

AFFIDAVIT CONCERNING CONFLICTS OF INTEREST AND

NONCOMPETITIVE PRACTICES
A. Conflict of Interest. That Contractor, by entering into this Contract with the City to perform or provide work, services or materials to the City, has thereby covenanted, and by this affidavit does again covenant and assure that it has no direct or indirect pecuniary or proprietary interest, and that it shall not acquire any such interest, that conflicts in any manner or degree with the services required to be performed under this Contract and that it shall not employ any person or agent having any such interest.

In the event that Contractor or its agents, employees or representative hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this Contract, as the City may require.

B. Contingent Fees and Gratuities. That Contractor, by entering into this Contract with the City to perform or provide services or material for the City, has thereby covenanted, and by this affidavit does again covenant and assure:

1. That no person or selling agency except bona fide employees or designated agents or representative of Contractor has been employed or retained to solicit or secure this Contract with an agreement or understanding that a commission, percentage, brokerage or contingent fee would be paid;

2. That no gratuities, in the form of entertainment, gifts or other, were offered or given by Contractor or any of its agents, employees or representatives, to any official or employee of the City or other governmental agency with a view toward securing this Contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this Contract; and

3. That no contracts of communication or lobbying efforts were made by Contractor, its agents or officer with any member of the City Council, any board or commission, or the staff of the City of Orinda with regard to this process.

CONTRACTOR NAME
Date:

CONTRACTOR SIGNATURE
[Signature must be notarized. Attach acknowledgement form.] SIGNATORY’S TITLE/OFFICIAL CAPACITY
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Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo

EXHIBIT F

INSURANCE DOCUMENTS TO BE PROVIDED BY CONTRACTOR
Insurance documents to be provided by Contractor pursuant to this Contract and accepted by the City.

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Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo

EXHIBIT G
CONTRACTOR SAFETY PROGRAM: SELF-CERTIFICATION WORKSHEET The following worksheet must be completed during the preconstruction meeting or as requested by the City of Orinda. Incomplete or missing responses will be deemed NON-RESPONSIVE.

Part A: Safety Programs
Part A is used to:
• Verify whether a prospective contractor has safety documents and programs relevant to the work they may be performing.
• Inform the prospective contractor of the safety programs that will be mandatory to the project. • Confirm that the contractor’s employees have been trained in project-related safety programs and that there is documentation of the training.
• Give prospective contractors an opportunity to provide more information about their safety programs that may be important and relevant to the project. • Inform contractors of the types of safety information that may be requested at a later time.

Part B: Safety Equipment
Part B is used to:
• Verify whether a prospective contractor has safety equipment relevant to the work they may be performing.

Part C: Specialized Training and Certification
Part C is used to:
• Verify whether a prospective contractor’s employees hold specialized safety certifications relevant to the work they may be performing.
• Inform contractors of the types of specialized safety certifications their employees may be required to possess before being issued a Notice to Proceed.

Part D: Jobsite Safety Practices
Part D is used to:
• Address how safety aspects of the project will be managed and provide a basis for discussing the contractor’s safety program practices.

Part E: Certification and Signature
Part E is used to have the bidder certify the following:
► The submitted information is accurate and complete.
► Allow the bidder the opportunity to certify that all bidder safety programs, safety equipment and employee safety training described herein meets or exceeds all local, State and Federal requirements.

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Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo Bidder Safety Program Self-Certification Worksheet
PART A - Safety Programs
Please indicate below whether your firm has the following written safety programs. If any of the programs listed do not apply to your operations or this project, please make note of this in the “Comments” column.

Those programs that have been checked are, without exception, mandatory and must be made available for review, upon request, before commencing work on this project. Other safety programs may be requested if it is later determined that they are applicable to the project and must be made available for review upon request. Mandatory
Program
Do you
have a
written
program/
policy?
Sub will
provide
Have
project
employees
been
trained?
Is the training
documented?
Comments
Yes No Yes No Yes No
X Injury and Illness
Prevention
Hazard
Communication
Confined Space
Operations
Respiratory
Protection
Emergency
Response
X Site-Specific
Project Safety
Plan
Lockout/Tagout
Program
X New Employee
Orientation
Excavation Safety
Program
Code of Safe
Program
Electrical Safety
Program
Drugs/Alcohol
Traffic Control
Safety (1)
Fall Prevention
Plan (2)
Forklift Program
Hotwork Program
Bloodborne
Pathogens Control
Program
(1) Reflecting M.U.T.C.D and California Supplement requirements (2) If conventional fall protection measures cannot be used.

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Packet Pg. 97
Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo PART B - Safety Equipment - Identify what safety equipment will be available and used for this project.

Type Description/Comments
[ ] Gas detectors
[ ] Ventilation equipment
[ ] Approved harnesses and
lanyards
[ ] Mechanical hoists
[ ] Fire extinguishers
[ ] First aid kits
[ ] Respirators
[ ] Hard hats
[ ] Hearing protectors
[ ] Safety goggles
[ ] Steeled toed footwear
[ ] Hand protection
[ ] Fall protection
[ ]
[ ]
PART C - Specialized Training and Certification - Identify the areas of specialized training or certification that will have been completed by employees who will be assigned to this Project. Be prepared to provide documentation as requested.
[ ] CPR/first aid [ ] Confined space operations and
rescue
[ ] Scaffolding
[ ] Fork lift operation [ ] Respirators [ ] Air-Supplying [ ] Air-Purifying
[ ] Flagging
[ ] Cranes/hoists operation [ ] Trenching and shoring
competent person
[ ]
[ ] Heavy equipment
operation
[ ] Welding [ ]
[ ] Powder-actuated tools
use
[ ] Asbestos abatement [ ]
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Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo PART D - Jobsite Safety Practices

1. Name of person who will have responsibility for jobsite safety?

2. Does the person who is responsible for jobsite safety have authority to take immediate action to correct unsafe conditions of work practices?

3. Who will be responsible for conducting and documenting accident investigations? Does your company perform near-miss investigations?

4. How often are jobsite safety audits or inspections performed, and by whom?

5. How often are jobsite tailgate or toolbox safety meetings held?

6. Briefly describe how you will ensure that workers comply with City safety requirements and Cal/OSHA requirements?

7. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past five years? If "YES", please describe.

8. Have there been any on-the-job fatalities in the last five years? If yes, please explain.

9. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? If "YES", please describe.

PART E - Certification and Signature
I certify that the above information is complete and accurate. I further certify that, to the best of my knowledge, all safety programs and safety training meets or exceeds all applicable local, State and Federal regulatory requirements. I understand that any false statements may result in my firm not being considered for this project or in my firm being terminated from this project.

Name (Print) Title
Signature Date
(CEO or equivalent signature required)
573296.1
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Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo Exhibit H –Contractor In-Use Off-Road Diesel-Fuel Regulations Assurances The City of Orinda requires that all work done on City property or otherwise on behalf of the City is performed in accordance with the State’s environmental health and safety laws, codes and regulations. To this end, please check the appropriate boxes and provide information as required below related to compliance with California Air Resources Board (CARB) In-Use Off-Road Diesel-Fueled Fleets Regulations. Failure to do so may affect your contract with the City. This form must be updated annually or anytime changes occur. Contractor agrees to provide the City with any documents referenced below within one business day of the request.

COMPLIANCE MEASURES
I. Does the project involve the use of vehicles subject to 13 CCR 2449, the In-Use Off-Road DieselFueled Fleets Regulation? (More information on these regulations is available here:
https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation) YES NO
II. If the answer in Section I above is NO, Contractor does not need to check any boxes for items 1, 2, and 3 below and no further information is required.

If the answer above in Section I is YES, unless an exemption applies Contractor must provide to the City:
1) a valid Certificate of Reported Compliance for its fleet and 2) valid Certificates of Reported Compliance for fleets of any subcontractors. Contractor must check YES or N/A, as applicable, for items 1, 2, and 3 below.
•
A. If Contractor will use covered equipment that is subject to an exemption from Off-Road Regulation requirements, Contractor must provide detailed documentation identifying the exemption and supporting the applicability of the exemption.

B. For Contractors asserting the emergency operations exemption, Contractor must include:
1) a description of the emergency, 2) the address or description of the specific location where Contractor performed work to address the emergency, 3) the dates on which the emergency work was performed, and 4) an attestation by the Contractor that the vehicles operated on the project were only used to carry out emergency work.

Please respond YES or N/A for each item below. YES N/A

1. Contractor has provided the City of Orinda with
a copy of a valid Certificate of Reported
Compliance for Contractor’s own fleet.
(N/A if exemption
applies)

2. Contractor has provided the City of Orinda with
a copy of a valid Certificate of Reported
Compliance for any subcontractors’ fleet.
(N/A if exemption
applies or there are
no subcontractors)

3. Contractor has provided documentation
supporting a claimed exemption to the Off-Road
Regulation.
(N/A if no
exemption applies)
Contractor:
____________________________________________________ (print company name) hereby certifies that the foregoing is true and correct.

Contractor Signature Above
Print Name & Title & Date Above
1739127.1
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Packet Pg. 100 Attachment: Contract Cowan & Thompson Camino Pablo Pathway (3456 : Award Const. Contract to Cowan & Thompson Camino Pablo Capital Improvement Plan
City of Orinda, California
'23/'24 thru '27/'28
Description
Pavement rehabilitation of Camino Pablo pathway from Manzanita Dr. to Los Amigos (Orinda Playing Fields).

In response to the City's TDA grant application, this project was awarded $120,000 in July 2021. Grant expenditure deadline is 6-30-2024.

City Staff would perform construction management and inspection Project # 4076
Justification
Pavement rehabilitation work is needed to maintain this aging facility for heavy pedestrain use. The project is on the "top 10" list for bikeways, trails and walkways and was selected by TSAC for submission for a TDA grant. .

Useful Life 15
Project Name Camino Pablo Pathway Rehabilitation
Category TRANSPORTATION / DRAIN
Type BIKEWAYS / WALKWAYS
Contact Public Works (925) 253-4231
Department PUBLIC WORKS
Total Project Cost: $164,000
Expenditures '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 7125 Design Contracts 25,000 25,000
7127 Construction Costs 130,000 130,000
Total 25,000 130,000 155,000
Funding Sources '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total 205 Transportation Impact 25,000 10,000 35,000
Fees
263 Transportation 120,000 120,000
Development Act (TDA)
Total 25,000 130,000 155,000
2022/23-2027/28 CIP Tuesday, June 25, 2024
F.3.d
Packet Pg. 101 Attachment: Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, Project No. 4076 (3456 : Award Const. Contract to Cowan & City Council
Staff Report
Agenda Item: F.4
Date: November 4, 2024
Department:

Public Works and
Engineering Services
AGENDA TITLE: Approvals Associated with the Parcel Map for 10 Irwin Way (MS 2021-001)
RECOMMENDATION:

BACKGROUND:

On August 16, 2022, the City Council approved a senior affordable housing project (the Vista Verde Community Housing Project) proposed by the Orinda Senior Housing Foundation (OSHF or Developer) on a portion of the property at 10 Irwin Way.

Approvals included a Tentative Parcel Map for Minor Subdivision No. MS-2021-001, General Plan Amendment (GPA-2021-001), Zoning Map Amendment (ZMA-2021-001), Design Review (DRA-2021-023), Density Bonus, Tree Removal Permit (TRP-2021- 025), and Elevated Deck Permit (EDP-2021-019). The Project includes subdivision of APN 260-200-015 into two (2) parcels consisting of the 60,405 square foot Project site, and a 152,941 square foot remainder site upon which the Orinda Community Church (OCC) will continue to operate its current facilities and activities.

SUMMARY:

The Developer has submitted the Parcel Map (MS 2021-001) (Attachment A) which shall be signed by all parties required to execute the certificates on the map, together with all supplementary documents and fees, to the Planning Department and the Public Works and Engineering Services Department for filing in accordance with the Subdivision Map Act, Title 16 of the City of Orinda Municipal Code (OMC), and the Conditions of Approval.

On July 12, 2022, the Planning Commission adopted the Revised Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring Program (MMP) for the Project. On July 12, 2022, the Planning Commission recommended the City Council approve the Project, through Resolution No. PC 2022-02, subject to the Conditions of Approval (“Conditions”). On August 16, 2022, the City Council approved, subject to the conditions in Resolution No. 41-22, the Minor Subdivision (MS-2021-001), Design Review (DRA-2021-023), Elevated Deck Permit (EDP-2021-019), Tree Removal (TRPF.4 Packet Pg. 102
021-025), and Density Bonus application for the Project. The City Council concurrently approved with the General Plan Map Amendment and the Zoning Map Amendment.

The approval of the Parcel Map and related actions will not have a significant impact on the environment as defined by the California Environmental Quality Act (CEQA), as it is consistent with the Revised Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring Program (MMP) for the Project.

The Conditions of Approval require that the Developer enter into a Subdivision Improvement Agreement (SIA) prior to approval of the Parcel Map, as required by OMC section 16.28.150. The SIA requires Developer to complete construction of the improvements associated with the Project. Developer has submitted the SIA (Attachment B) and posted the required securities in accordance with the Subdivision Map Act and OMC Title 16, which ensure that the City can complete the improvements or return the site to its undeveloped condition in the event of the Developer’s breach of its obligations. The City Attorney has approved the SIA as to form.

Public Works and Engineering Services Department has reviewed the Parcel Map and the Improvement Plans for 10 Irwin Way, Parcel Map (MS 2021-001) and found them to be in conformance with the Tentative Parcel Map and Conditions of Approval.

Additionally, the Planning Department has determined that all applicable requirements, including the Conditions of Approval, have been satisfied for the 10 Irwin Way, Parcel Map (MS 2021-001).

According to the Subdivision Map Act section 66458(a), and the provisions of Chapter 16 of the OMC, the City Council must approve the Parcel Map for 10 Irwin Way, Parcel Map (MS 2021-001) if it substantially conforms to all of the requirements. Resolution No. 29-24 (Attachment C) formalizes the City Council’s action with related findings, including approving the Parcel Map.

Resolution No. 29-24 also approves the SIA (Attachment B) and the Affordable Housing Regulatory Agreement & Declaration of Restrictive Covenants (Attachment D).

NEXT STEPS:

The Parcel Map, Subdivision Improvement Agreement, Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants, and related documents will be processed for recordation with the County Clerk Recorder.

FISCAL IMPACT:

The Developer of 10 Irwin Way, Parcel Map MS 2021-001 has provided bonds to guarantee construction of the required improvements and will pay the cost of construction, inspection, and testing. The City will not have any maintenance or other responsibility for these improvements. The Project includes the Affordable Regulatory Agreement and Restrictive Covenant that identifies the Project as development of 100% Affordable Units for seniors in Moderate-Income, Low income, and Very-Low-income Households. This Agreement is intended to satisfy the Density Bonus Law and Orinda Municipal Code. Pursuant to the Orinda Municipal Code, multifamily affordable housing F.4
Packet Pg. 103
projects are exempt from impact fees imposed by the City for transportation, drainage, and parkland dedication if the units are affordable for a period of 30-years. Pursuant to the Reimbursement Agreement, the Project proponents are responsible for all fees associated with the actual costs in reviewing and processing of the Development application.

ATTACHMENTS:

A. 10 Irwin Way Parcel Map 2024-8-9
B. 10 Irwin Way Subdivision Improvement Agreement 2024-08-14 C. 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration D. Resolution 29-24 Approval of Final Map 10 Irwin Way
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Sheri Smith, City Clerk
Approved by:

F.4
Packet Pg. 104
1 F.4.a
Packet Pg. 105 Attachment: 10 Irwin Way Parcel Map 2024-8-9 (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021-001)) 2 VICINITY MAP

NOT TO SCALE
F.4.a
Packet Pg. 106 Attachment: 10 Irwin Way Parcel Map 2024-8-9 (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021-001)) 817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net
PARCEL "A"
PARCEL "B"

ORINDA WAY

IRWIN WAY

DRIVE LA PLAZA
(PUBLIC-80' WIDE)
(PUBLIC-40' WIDE)
F.4.a
Packet Pg. 107 Attachment: 10 Irwin Way Parcel Map 2024-8-9 (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021-001)) 817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net
PARCEL "A"
PARCEL "B"

IRWIN WAY
BASIS OF BEARINGS (40' WIDE)
F.4.a
Packet Pg. 108 Attachment: 10 Irwin Way Parcel Map 2024-8-9 (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021-001)) 1 10 Irwin Way Subdivision Improvement Agreement
This document is exempt from payment of
a recording fee pursuant to California
Government Code Section 27373
RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

City Clerk
City of Orinda
22 Orinda Way
Orinda, CA 94563
SPACE ABOVE THIS LINE FOR RECORDER'S USE.

SUBDIVISION IMPROVEMENT AGREEMENT
10 Irwin Way, Parcel Map MS 2021-001
THIS AGREEMENT is made effective this __ day of ___________, 2024 (“Effective Date”), by and between Orinda Senior Housing Foundation, a California nonprofit corporation (“Subdivider”), and the City of Orinda, a municipal corporation ("City").

RECITALS
A. The Orinda Community Church, Inc. (“OCC”) is the owner of that certain real property located at 10 Irwin Way in the City of Orinda, County of Contra Costa, State of California, which consists of approximately 4.89 acres designated as Assessor’s Parcel No. (“APN”) 260-200-015. On May 21, 2021, OCC and Subdivider entered into that certain Option to Ground Lease pursuant to which OCC agreed to lease to Subdivider a portion of APN 260-200-015, contingent upon Subdivider obtaining entitlements for the Vista Verde Community Housing Project (“Project”), including but not limited to a subdivision creating a new legal parcel upon which Subdivider would construct and operate the Project.

B. On May 27, 2021, Subdivider submitted an application for Minor Subdivision No. MNS-2021-001, to subdivide the Property. Subdivider also submitted an application for a General Plan Amendment (GPA-2021-001), Zoning Map Amendment (ZMA-2021-001), Design Review (DRA-2021-023), Density Bonus, Tree Removal Permit (TRP-2021-025), and Elevated Deck Permit (EDP-2021-019) to develop affordable housing for seniors. The Project includes subdivision of APN 260-200-015 into two (2) parcels consisting of the 60,405 square foot Project site, and a 152,941 square foot remainder site upon which OCC will continue to operate its current facilities and activities (collectively the “Property”), as more particularly described in Exhibit A attached hereto and by this reference incorporated herein.

C. On July 12, 2022, the Planning Commission recommended the City Council adopt the Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring and Reporting Program (MMRP) for the Project.

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D. On July 12, 2022, the Planning Commission recommended the City Council approve the Project, through Resolution No. PC 2022-02, subject to the Conditions of Approval (“Conditions”).

E. On August 16, 2022, the City Council approved, subject to the conditions in Resolution No. 41-22, the Minor Subdivision (MS-2021-001), Design Review (DRA2021-023), Elevated Deck Permit (EDP-2021-019), Tree Removal (TRP-021-025), and Density Bonus application for the Project. The City Council concurrently approved with the General Plan Map Amendment and the Zoning Map Amendment.

F. Section 16.28.150 of the Orinda Municipal Code requires, as a condition of approval and recordation of a Parcel Map, the Subdivider to execute this Subdivision Improvement Agreement guaranteeing the completion of the improvements.

G. The improvements required by the Conditions that have yet to be constructed (hereinafter, the “Improvements”) are described on the improvement plans prepared by APEX Civil Engineering and entitled “Grading & Improvement Plans, Orinda Senior Housing Foundation, 10 Irwin Way”, consisting of twenty-five (25) sheets, dated September 29, 2023 (the “Improvement Plans”), which have been approved by the City Engineer. The Improvements are also described in Exhibit B, which is attached and incorporated herein by reference.

H. As of the date of this Agreement, the City Engineer has approved the Improvement Plans as required to satisfy the applicable requirements of the Conditions.

The Improvement Plans, as approved, shall be retained at the Orinda City Hall under the title “10 Irwin Way, Parcel Map MS 2021-001”.

I. Subdivider has submitted for approval and acceptance a Parcel Map for the Project. Approval of that map and its recordation has been requested prior to completion of the Improvements as described on the Improvement Plans.

J. This Agreement is entered into in accordance with the Conditions, the Subdivision Map Act (Government Code Sections 66410 et seq.) and the other applicable ordinances, rules, regulations, and determinations of the City.

NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, it is agreed between the Subdivider and the City (collectively, the “Parties”) as follows:

1. Purpose. The purpose of this Agreement is to: (a) guarantee construction and completion of the Improvements in accordance with the Improvement Plans; and (b) ensure satisfactory performance by the Subdivider of Subdivider's obligations with respect thereto. The recitals set forth above are hereby made a part of this Agreement.

2. Improvements as a Benefit. Subdivider agrees that the Improvements, which Subdivider is obligated to provide, will materially benefit the Property and are necessary to comply with the Conditions and applicable law.

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3. Duty to Install Improvements. Subdivider agrees to construct, install, and complete, or cause to be constructed, installed, and completed, all of the Improvements, in accordance with the Improvement Plans, at the Subdivider's own expense.

4. Performance of Work. Subdivider agrees that the work necessary to construct and install the Improvements will be done in a good and workmanlike manner in accordance with accepted construction practices and in a manner equal or superior to the requirements of the City's Municipal Code ("Code") and rulings made under it. In the event that any conflict between the Improvement Plans and the Code should arise after the date of this Agreement but before the City issues a Certificate of Completion (defined below) for the Improvements, the provisions of the Code shall control, but only to the extent consistent with the terms of the Conditions. Further, the work will be conducted in accordance with the requirements and procedures listed in the Conditions, in accordance with all City standards, specifications and applicable laws, rules and regulations, and to the satisfaction of the City. It is agreed that the City shall have the right to reject any or all of the work performed under this Agreement if such work does not conform to the Conditions, Improvement Plans, Preliminary Stormwater Control Plan (Dated 11/23/2021), City standards and specifications, or any applicable law, rule, or regulation.

5. Commencement of Construction - Notice. At least fourteen (14) calendar days before the commencement of construction of any Improvements, Subdivider shall notify the City in writing of the date fixed by Subdivider for commencement so that the City is able to provide any necessary inspection services.

6. Completion. The Improvements required under this Agreement shall be completed by the Subdivider within three (3) years of the date of this Agreement or prior to the first certificate of occupancy (or equivalent) for the first building constructed within the Project, whichever occurs first.

7. Time of Essence – Extension; City Completion; Reversion to Acreage.

Time is of the essence under this Agreement. However, in the event good cause is shown, the City may extend the time for completion of the Improvements. Any extensions which may be granted will not relieve Subdivider of the obligation to meet the improvement security requirements of this Agreement, or the requirements of the Orinda Municipal Code and California Government Code section 66499, as each may be amended from time to time. Before the City will grant an extension, Subdivider must show good cause satisfactory to the City for the extension and provide evidence satisfactory to the City that sufficient security will remain in place during the term of the extension to ensure the faithful performance of this Agreement. These determinations shall be made by the City in its sole discretion. If Subdivider fails to construct the Improvements, and the City does not grant an extension, City may, at its option: (a) cause the Improvements to be completed and recover all related costs from Subdivider and/or the surety; or (b) initiate a reversion to acreage.

8. Supplying “Record Drawing” Plans. Upon completion of the Improvements and prior to certification of completion, Subdivider shall supply the City, at no cost to the City, one mylar (4 mils) set of “record drawings” as well as a digital record set of the same drawings. These drawings shall be certified as being “record drawings” and F.4.b
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shall reflect the Improvements as actually constructed, with all changes to the Improvement Plans incorporated therein.

9. Notice and Certification of Completion. Subdivider shall advise the City in writing of the completion of the Improvements herein specified and request certification of completion. Upon receipt of Subdivider’s request for certification of completion, City shall promptly inspect the Improvements. If the City determines, upon such inspection, that the Improvements have been satisfactorily completed, the City shall issue a certificate indicating the same (the “Certificate of Completion”). For the purposes of this Agreement, the date of completion shall be the date that the City issues a Certificate of Completion.

10. Acceptance of Improvements.
(a) City Improvements. None.
(b) Other Public/Quasi-Public Improvements. Ownership of and/or maintenance responsibility for the other public/quasi-public Improvements described in Exhibit B will not be accepted by the City, but will be accepted by the public/quasi-public entities described below. Therefore, the City’s issuance of a Certificate of Completion for any such Improvements shall not constitute acceptance of any offer of dedication made by Subdivider, it shall only constitute City’s determination that those Improvements have been completed satisfactorily.
(i) Water Facilities – East Bay Municipal Utility District (“EBMUD”) (ii) Sanitary Sewer Improvements - Central Contra Costa Sanitary District (“Central San”)
(iii) Electrical and Natural Gas Facilities - Pacific Gas & Electric (“PG&E”)
(c) Non-public Improvements. The City’s issuance of a Certificate of Completion for all non-public improvements described in Exhibit B, including, but not limited to the private street improvements, the Private Access and Utility Easement (PAUE), the Emergency Vehicle Access Easement (E.V.A.E.), and storm drain improvements within or adjacent to the Project, shall not constitute acceptance of any offer of dedication made by Subdivider, it shall only constitute City’s determination that those Improvements have been completed satisfactorily.

11. Adequacy of and Revisions to Plans. Subdivider warrants that the Improvement Plans are adequate to construct and complete the Improvements. If, at any time before the City issues a Certificate of Completion, the Improvement Plans prove to be inadequate in any respect, the Subdivider shall bring those inadequacies to the attention of the City. Similarly, if the City discovers that the Improvement Plans are inadequate in any respect, the City shall notify the Subdivider of the inadequacy/inadequacies. If such inadequacies are discovered, the Subdivider shall make changes to the Improvement Plans to remedy the inadequacies and, upon approval of the revised Improvement Plans by the F.4.b
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City, complete the Improvements according to the revised Improvement Plans, at the Subdivider's own expense.

12. Maintenance of Improvements. Subdivider agrees to maintain the Improvements in good condition and repair and guarantee the Improvements against any defective workmanship and materials. A warranty period shall not apply to those Improvements that will be privately maintained. For example, private street and driveway improvements will be maintained by Subdivider. The City will have no ownership or maintenance responsibilities for the Improvements.

13. Duty to Maintain Landscaping. Subdivider agrees to diligently maintain in good repair the landscaping it installs, as a part of the Improvements, for one (1) year after the City issues the Certificate of Completion. The Subdivider or its successor shall employ the standard of care necessary to prevent the landscaping from substantially deteriorating during this time.

14. Nonperformance and Costs. If, within the time specified in this Agreement and any approved extension, Subdivider fails to complete the Improvements, to act promptly as required by this Agreement, or to otherwise breach this Agreement, the City shall provide fifteen (15) calendar days written notice to Subdivider and Subdivider’s surety, if any, of such failure (“Notice”), proceed to complete the Improvements pursuant to the Improvement Plans, by contract or otherwise, and Subdivider, immediately upon demand, shall pay the costs and charges incurred by City for said work, together with a fifteen percent (15%) administrative charge.

In the event of any such Notice, Subdivider's surety, if any, shall have the duty to take over and complete the work and the required Improvements; provided, however, that if the surety within thirty (30) calendar days after the serving of such Notice upon it does not give the City written notice of its intention to correct the deficiencies or complete the work within sixty (60) calendar days after notice to the City of such election, then the City may take over the work and prosecute the same to completion by contract, or by any other method the City may deem advisable, for the account and at the expense of the Subdivider, and the Subdivider's surety shall be liable to City for any excess costs of damages incurred by the City, including reasonable attorney’s fees and interest from the date of notice of such costs until the costs have been satisfied. If the form of improvement security is other than a bond, then the City, after giving notice of breach of the Agreement, may proceed to collect against the improvement security in the manner provided by law and by the terms of the security instrument.

15. Remedies. The City may bring legal action to: (1) compel performance of the Agreement; (2) ensure compliance with the Conditions; and (3) recover the costs (including the City's administrative costs) of completing the Improvements pursuant to Paragraph 14. The City may also seek any and all remedies available in law or equity. The Subdivider agrees that, if legal action is brought by the City, the Subdivider shall pay all of the costs of suit and reasonable attorneys' fees and all other expenses of litigation as determined by the court having jurisdiction over such suit, if such court rules that the Subdivider has failed to carry out any of its obligations under this Agreement.

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16. Responsibilities for Damage. Any damage to the sewer system, utilities, concrete work, or street paving, or to any portion of adjacent properties that is caused by Subdivider or its employees, agents, or contractors, and that occurs during or from the project construction shall be completely repaired by the Subdivider to the satisfaction of the City.

17. Utility Deposits. Subdivider shall satisfy the City that it has made the deposits required for utilities to be supplied and connected with the Project prior to obtaining a certificate of occupancy.

18. Permits and Fee-Payments. As required by the Conditions, Subdivider shall obtain all necessary permits and licenses for the construction of the Improvements, and shall pay all fees and taxes required by applicable law, including state law and local ordinance.

19. Superintendence by Subdivider. Subdivider shall have a competent foreman or superintendent with the authority to act for Subdivider, on the work site, during the course of construction of the Improvements.

20. Inspections - Payment of Fees. The City is authorized to enter the Property for inspection purposes at any time. Subdivider shall at all times maintain the Property so that the City and any agency authorized to make inspections can safely access and inspect all parts of the Property. Subdivider shall pay to the City the cost of inspecting the Improvements, including the costs of staff time and any consulting services determined to be necessary by the City, consistent with the City’s fee schedules.

21. Estimate of Costs; Security. The estimated cost of the Improvements to be constructed under this Agreement is $483,954 (grading) + $758,695 (improvements) for a total of $1,242,649 and is more fully described in Exhibit C, attached hereto. Subdivider shall at all times guarantee Subdivider's performance of this Agreement by furnishing to the City and maintaining good and sufficient security as required by the Subdivision Map Act and the Orinda Municipal Code Sections 16.28.160 and 16.28.170. (a) Concurrently either with the execution of this Agreement or with the recordation of the Parcel Map, whichever shall later occur, Subdivider shall furnish to the City, in the form of cash deposit, surety bond, or other instrument of credit acceptable to the City, good and sufficient security in the following amounts:
(i) Faithful performance security in the amount of $1,230,222.51 (the total estimated cost of the Improvements, minus the amount of the Cash Deposit defined in subsection (iii) below) for faithful performance and guarantee of the work associated with the construction and completion of the Improvements (“Faithful Performance Security”). Liability upon the
Faithful Performance Security shall both include, and be F.4.b
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limited to, the matters specified in Section 66499.9 of the California Government Code; and
(ii) Payment security in the amount of $621,324.50 (50% of the estimated cost) to secure payment to contractors,
subcontractors and persons furnishing labor, materials or equipment (“Payment Security”); and
(iii) Cash Deposit in the amount of $12,426.49 (one percent (1%) of the estimated cost of construction of the Improvements set forth on Exhibit C), consistent with the City’s Municipal Code Section 16.28.160 (“Cash Deposit”).
(b) Upon the issuance of a Certificate of Completion for all or a part of the Improvements by the City, City shall reduce and release each security in compliance with the Orinda Municipal Code Sections

16.28.160 and 16.28.170, and California Government Code Section 66499.7, as follows:
(i) Pursuant to City Municipal Code Section 16.28.160, after Subdivider successfully completes construction of the
Improvements pursuant to the Improvement Plan for such
Improvements and receives a Certificate of Completion, the Faithful Performance Security and the Cash Deposit shall be released in full;
(ii) Pursuant to City Municipal Code Section 16.28.170, six (6) months after the issuance of the Certificate of Completion for the Improvements, the City shall reduce the amount of the Payment Security to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City; and if no such action(s) have been filed, the Payment Security for such Improvement shall be released in full.
(c) Subdivider shall also furnish evidence of the security posted for the Improvements required, if any, by EBMUD, Central San, PG&E, and other utility providers. Subdivider shall not be required to post duplicate security for such Improvements.
(d) The instruments of credit referenced above shall be special account(s), the funds of which may not be withdrawn by the Subdivider without the approval of the City; provided, however, the City shall have the right to make withdrawals from such instruments of credit if, pursuant to Paragraph 14, above, the Subdivider fails to complete the work under the terms of this Agreement.

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(e) Following completion and acceptance of one or more Improvements, Subdivider may request that the City reduce the amount of security held, but no single reduction of security shall be less than twentyfive percent (25%) of the total estimated cost of the Improvements, nor shall the total number of requests for reduction of security exceed three (3) in number nor shall the aggregate of all partial reductions exceed seventy-five percent (75%) of the original amount of the improvement security.
(f) Where the performance of an obligation for which a security is required is subject to the approval of another agency, the City shall comply with Section 66499.8 of the California Government Code. (g) The securities required by this Agreement shall be kept on file with the City. The terms of the security documents referenced in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another security approved by the City, the replacement shall be filed with the City Manager and, upon filing, shall be deemed to have been made part of and incorporated into this Agreement. Upon filing of a replacement security with the City Manager, the former security shall be released.

22. Erosion Control. Consistent with the Conditions, Subdivider shall comply with the San Francisco Regional Water Quality Control Board and Cityapproved Preliminary Stormwater Control Plan (Dated 11/23/2021) for the Project during construction of all Improvements to prevent erosion damage to the Property and to adjacent properties or improvements.

23. No Waiver by City. Inspection of the work and/or materials, or approval of work and/or materials inspected, or a statement by an officer, agent, or employee of the City indicating the work complies with this Agreement, or acceptance of all of these acts shall not relieve Subdivider of its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages or specific enforcement arising from the Subdivider’s failure to comply with this Agreement. No action or omission by the City shall constitute a waiver of any provision of this Agreement unless expressly provided in writing. No course of dealing between Subdivider and the City, or any delay on the part of the City in exercising any rights hereunder, shall operate as a waiver of any rights by the City, except to the extent these rights are expressly waived in writing by the City.

24. Hold Harmless Agreement. Subdivider shall hold harmless, defend, and indemnify the City, its officers, employees, and agents from and against any and all damage, injury, and/or death to persons and property, and any and all claims, demands, costs, losses, damages, injuries, or liability, including attorneys' fees, howsoever caused, resulting directly or indirectly from the performance or nonperformance of any and all work done or to be done pursuant to this Agreement. Subdivider shall not be required to indemnify and hold harmless the City as set forth in this Paragraph for liability F.4.b
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attributable to the sole fault of the City, provided such sole fault is determined by agreement between the Parties or the findings of a court of competent jurisdiction.

25. Subdivider's Insurance. Subdivider may not begin work under this Agreement until Subdivider obtains the insurance required under this paragraph that is acceptable to the City. Further, Subdivider shall not allow an agent, contractor, or subcontractor to begin work on its contract or subcontract until the agent, contractor, or subcontractor obtains all similar insurance required of the agent, contractor, or subcontractor:
(a) Workers' Compensation Insurance. Subdivider shall maintain, during the life of this Agreement, Workers' Compensation Insurance in accordance with the provisions of California Labor Code sections 3700, et seq., for Subdivider's agents or employees employed at the work site, if any. If any of the work is subcontracted, Subdivider shall require the contractor or subcontractor to provide Workers' Compensation Insurance for such contractor's or subcontractor's employees. If a class of employees is not protected under the Workers’ Compensation law, Subdivider shall provide, and have each contractor and subcontractor provide, adequate insurance for the protection of employees not otherwise protected. Subdivider agrees to indemnify the City for damage resulting to it from failure of Subdivider, agent, contractor, or subcontractor to obtain or maintain such insurance.
(b) Broad Form Comprehensive Liability Insurance.
(i) Subdivider, at its expense, shall procure and maintain, in full force at all times during the term of this Agreement, broad form comprehensive liability insurance with limits of no less than two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, Subdivider shall procure and maintain a limit of liability of no less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. The policy is to
contain, or be endorsed to contain, the following provisions:

A) The City, its officers, officials, employees, consultants, and agents are to be covered as additional insureds for liability arising out of activities performed or completed by or on behalf of the Subdivider or Subdivider’s agent, and premises owned, occupied, or used by Subdivider or
Subdivider’s agent. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officers, officials, employees, consultants, or agents.

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B) Subdivider's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, consultants, and agents. Any insurance or
self-insurance maintained by the City, its officers,
officials, employees, consultants, or agents shall be in excess of Subdivider's insurance and shall not contribute to it.

C) Any failure to comply with the reporting provisions of such policies shall not affect the coverage provided to the City, its officers, officials, employees, consultants, or agents.
(ii) Other Insurance Provisions. The policies identified above shall be issued by an insurance carrier having a rating of Best A-/7 or better and shall be delivered to the City at the time of the execution of this Agreement. In lieu of actual delivery of the policy/policies, a certificate issued by the insurance carrier showing the insurance to be in force for the period covered by this Agreement may be delivered to the City. Such policy/policies and such certificates shall be in a form approved by the City Attorney. The policy/policies shall name the City, its officers, officials, employees, consultants and agents as additional insureds and provide for thirty (30) calendar days’ notice of cancellation to the City. The
policy/policies shall not be canceled nor the amount of coverage be reduced earlier than thirty (30) calendar days after the City receives notice from the insurer of the intent of cancellation or reduction.

26. Subdivider Not Agent of City. Neither Subdivider nor its agents or contractors are agents of the City in connection with the performance of Subdivider's obligations under this Agreement.

27. Notice of Breach and Default. If Subdivider refuses or fails to prosecute the work required by this Agreement with such diligence as will ensure its completion within the time specified, or fails to complete the work within such time, or if the Subdivider is adjudged as bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed in the event of Subdivider's insolvency, or if Subdivider or Subdivider's contractors, subcontractors, agents, or employees violate this Agreement, the City may serve written notice upon Subdivider of breach of this Agreement.

28. Breach of Agreement - Performance by City. If the City gives notice of breach of this Agreement, the Subdivider shall provide written confirmation to the City of its intention to correct the deficiencies or complete the work under this contract within thirty (30) calendar days after the date of such notice of breach. If the Subdivider F.4.b
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does not correct the deficiencies or complete the work within sixty (60) calendar days after the date of the notice of breach, or such additional time as deemed necessary by the Subdivider and as the City reasonably deems acceptable, the Subdivider shall be deemed in default, and the City may, but is not required to, take over the work and prosecute the same to completion by contract or other method which the City considers advisable, for the account, and at the expense, of Subdivider. In this event, the City, without liability for doing so, may take possession of and utilize in completing the work such materials, appliances, plants, and other property belonging to Subdivider as may be on the work site and necessary for completion of the work. The City may withdraw from the security specified in Paragraph 21 of this Agreement to pay the face amount of the obligations for completion of the work, as well as any additional costs and reasonable expenses and fees, including reasonable attorney's fees and interest from the date of notice of such costs until the costs have been satisfied, incurred by the City of Orinda in successfully enforcing the obligations under this Agreement. In the event the cost of completing the work under this contract exceeds the amount contained in the security deposits specified under Paragraph 21, the Subdivider shall be responsible for any additional costs actually incurred by the City.

29. Notices. All notices required shall be in writing and delivered by Registered mail, postage prepaid, or any nationally recognized overnight courier that routinely issues receipts (e.g., FedEx). A party may change its address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. All notices shall be deemed received three (3) business days after dispatch by United States Postal Service regular mail, or one (1) business day after dispatch by a reputable overnight courier service.

Notices to be given to the City shall be addressed as follows:

City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
With a cc to:

Shute, Mihaly & Weinberger
396 Hayes Street
San Francisco, CA 94102
Attn: Orinda City Attorney
Notices to the Subdivider shall be addressed as follows:

Orinda Senior Housing Foundation
10 Irwin Way
Orinda, CA 94563
Attn: Thomas Krehbiel
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Notices required to be given surety, if any, of Subdivider shall be addressed as follows:

30. Change of Subdivider. If the Subdivider voluntarily ceases to have any legal interest in the Property, then a notice to that effect shall be filed with the City. The notice shall include the name and address of the new tenant of the Project site within the Property, submittal of a new security in accordance with Section 21 of this Agreement (at which time the original security will be released), and a certified copy of any recorded assignment or other evidence of the transfer of the leasehold interest.

Unless a new agreement between the City and any successor tenant is entered into, Subdivider shall provide the City with an assignment and assumption agreement between Subdivider and the successor owner relating to rights and obligations under this Agreement. Subdivider shall thereafter have no further obligations to the City under this Agreement except for any liability or obligations arising prior to such transfer.

31. Heirs, Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the Parties.

32. Agreement Attaches to the Land - Recordation. City agrees to allow Subdivider and OCC to record Parcel Map MS 2021-001. This Agreement pertains to and runs with the Property. This Agreement shall be recorded in the office of the County Recorder at the expense of the Subdivider immediately following recordation of the Parcel Map and shall constitute notice to all successors and assigns of and to the Property of the obligations set forth herein.

33. Miscellaneous Terms and Provisions.
(a) If any provision of this Agreement is adjudged illegal, inoperative, or invalid, the remaining provisions of this Agreement, to the extent practicable, shall continue in full force and affect.
(b) This Agreement contains a full, final and exclusive statement of the Agreement of the Parties regarding the subject matter hereof. (c) The obligations upon the Subdivider signing this Agreement terminate upon conveyance of Subdivider’s legal interest in the Property, upon filing of a written assignment and assumption agreement with the County Recorder, and in compliance with Paragraph 30, above.

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(d) This Agreement shall be administered, interpreted and enforced under the laws of the State of California and the City of Orinda. In case of dispute, venue shall reside in Contra Costa County, California.
(e) Subdivider warrants and represents that the person signing on behalf of Subdivider has the authority to execute this Agreement on behalf of Subdivider, and has the authority to bind the Subdivider and the Property to the terms and obligations set forth in this Agreement.

Subdivider agrees that this Agreement, and any instrument or agreement required hereunder, are within the Subdivider's powers, and have been duly authorized and delivered, and do not conflict with Subdivider's organizational powers.
(f) Subdivider agrees that this Agreement is a valid, legal, and binding Agreement, enforceable against Subdivider in accordance with its terms, and that any instrument or agreement required hereunder, when executed and delivered, will be similarly legal, valid, binding, and enforceable. Subdivider agrees that this Agreement does not conflict with any law, agreement, or obligations by which Subdivider is bound.
[Signature Page Follows]
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IN WITNESS WHEREOF, the Parties have executed the Agreement on the day and year above written.

City of Orinda,
a municipal corporation,
By: _____________________
Linda Smith
City Manager
(Signature Must be Notarized)
Attest:
______________________
Sheri M. Smith
City Clerk
Approved as to Form:
______________________
Osa Wolff
City Attorney
Subdivider,
Orinda Senior Housing Foundation
By: ________________________________
Name: ___________
Title: ___________
(Signature Must be Notarized)
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ACKNOWLEDGMENT
State of California
County of _____________________________)
On _________________________ before me, _________________________________________ (insert name and title of the officer)
personally appeared ______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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ACKNOWLEDGMENT
State of California
County of _____________________________)
On _________________________ before me, ___________________________________ (insert name and title of the officer)
personally appeared _______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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Exhibit “A”

LEGAL DESCRIPTION
Parcels “A” and “B” as shown on Parcel Map MS 2021-001, filed ______________, 2024, in Book _____ of Parcel Maps at Page _____, in the Official Records of the County of Contra Costa, State of California.

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Exhibit “B”

DESCRIPTION OF IMPROVEMENTS
City Improvements: None.

Other Public/Quasi-Public Improvements:
(a) Water Facilities – East Bay Municipal Utility District (“EBMUD”) (b) Sanitary Sewer Improvements - Central Contra Costa Sanitary District (“Central San”)
(c) Electrical and Natural Gas Facilities - Pacific Gas & Electric (“PG&E”)
Non-public Improvements:
(a) Street Improvements, including new streets, driveways, and improvements to Irwin Way including, but not limited to curbs, pavement, signing, striping, longitudinal and transverse drainage facilities, and other appurtenances as shown on the Improvement Plans.
(b) Private Access and Utility Easement (PAUE)
(c) Emergency Vehicle Access Easement (EVAE)
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Exhibit “C”

ESTIMATED COST OF IMPROVEMENTS
1839568.1
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This document is exempt from payment of a
recording fee pursuant to California
Government Code Section 27373

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City Clerk
City of Orinda
22 Orinda Way
Orinda, CA 92101
For recorder’s use only

AFFORDABLE HOUSING REGULATORY AGREEMENT AND

DECLARATION OF RESTRICTIVE COVENANTS
(Vista Verde)

THIS AFFORDABLE HOUSING REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS (“Agreement”) is dated as of the __ day of _____________, 2024 (“Effective Date”), by and between ORINDA SENIOR HOUSING FOUNDATION, a California nonprofit corporation (“Developer”), The Orinda Community Church, Inc., a California nonprofit corporation (“OCC”), and the CITY OF ORINDA (“City”).

RECITALS
A. Developer has proposed the construction and operation of an affordable senior housing project containing fifty-three (53) housing units (each a “Unit” and together the “Units”), along with associated landscaping, parking and related improvements (collectively, the “Project”) on certain real property in the City of Orinda, County of Contra Costa (“County”), California, more particularly described on Exhibit A attached hereto (“Property”). As of the Effective Date hereof, the Property does not exist as a separate legal parcel under the Subdivision Map Act, since one of the land use entitlements sought from City by Developer was the approval of a tentative parcel map, and thereafter the recordation of a final parcel map (“Parcel Map”) in the County’s official records (“Official Records”) which Parcel Map will separate the Property from a larger parcel owned by OCC.

B. The Project as proposed by the Developer and approved by the City consisted of fourteen (14) Units affordable to seniors in a Moderate Income Household (including one (1) unit administratively approved by the City after City Council approval of the Project entitlements), thirty (30) Units affordable to seniors in a Low Income Household, eight (8) Units affordable to seniors in a Very Low Income Household, as such income levels and households are defined herein (collectively the “Baseline Income Restrictions”), and a non-income-restricted caretaker Unit (“Caretaker Unit”). In accordance with the state density bonus law (California Government Code Section 65915 et seq.) (the “Density Bonus Law”) and Orinda Municipal Code (“OMC”) Section

17.4.31, the City approved the Project with certain concessions to support development of the Project in exchange for Owner’s agreement to provide the Units at rents affordable to Very Low Income Households, Low Income Households, and Moderate Income Households, and to maintain F.4.c
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this affordability for not less than fifty-five (55) years. Further, in order to satisfy requirements of the State of California Department of Housing and Community Development (“HCD”) with respect to City’s certified Housing Element, City and Developer agree that all Affordable Units in the Project shall, at a minimum, comply with the Baseline Income Restrictions for the full fiftyfive (55) years applicable under the Density Bonus Law. This Agreement is intended to satisfy the requirements of the Density Bonus Law and the OMC with respect to density bonus requirements, and the separate requirements of HCD.

C. Pursuant to Orinda Municipal Code (“OMC”) sections 3.20.040, 3.24.040, and

3.28.040, affordable housing projects in a multifamily development, such as the Project, are exempt from impact fees imposed by the City for transportation, drainage, and parkland dedication so long as the Developer and the City enter into “a written contract restricting the use as affordable housing for a period of thirty (30) years.” This Agreement is also intended to satisfy the requirement of the above-referenced sections by ensuring that all Affordable Units in the Project will be affordable, and the Caretaker Unit will either be made available at no charge to a caretaker employed by OCC or will be an Affordable Unit, for at least the required thirty (30)-year period, and thereby exempt all fifty-three (53) Units from these impact fees.

D. Given that OMC sections 3.20.060, 3.24.060, and 3.28.060 each provide that the above referenced impact fees shall be paid prior to recordation of a final subdivision map, it is necessary for Developer and City to enter into this agreement prior to recordation of the Parcel Map. Further, since provisions of the Subdivision Map Act prohibit Developer and OCC from signing the ninety-nine (99)-year ground lease between the two parties (“Ground Lease”), and related memorandum of lease, which Ground Lease will provide Developer the legal right to develop and operate the Project, until after the Property is created as a separate parcel pursuant to recordation of the Parcel, Developer must sign this Agreement prior to holding a real property interest in the Property except to the extent provided by that certain Option to Ground Lease and associated Memorandum of Option each dated May 21, 2021.

E. Since the OMC sections referenced in Recital C above do not specifically require that an agreement satisfying such sections must be recorded, and since the OMC section referenced in Recital B above only requires recordation of a regulatory agreement prior to issuance of any building permit for a dwelling unit in a development for which a density bonus, incentive, or concession has been granted, City acknowledges and agrees that it is sufficient for Developer to agree to record this Agreement in the Official Records immediately following recordation of the Parcel Map in the Official Records, so this Agreement is of record prior to the issuance of any building permits for construction of the Project, excepting only permits required for grading and site preparation in advance of actual construction of any Units.

F. The purpose of this Agreement is to ensure the continued affordability of all Units for the full Term of this Agreement. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Developer and Developer’s successors and assigns.

NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and mutual obligations contained in this Agreement and in reliance on the representations and warranties set forth herein, City, OCC and Developer agree as follows:

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AGREEMENT

1. Defined Terms. The following terms and their derivatives have the meanings set forth in this section wherever used in this Agreement or attached exhibits. “Affordable Units” means Units restricted for occupancy by Moderate Income Households, Low Income Households, and Very Low Income Households, and held available strictly in accordance with the terms and conditions set forth in this Agreement. “Affordable Housing Occupancy Date” means the date of issuance by City of a certificate of occupancy for the final Unit in the Project, to be memorialized by City and Developer through execution and recordation of a Certificate re Affordable Housing Occupancy Date in the form attached hereto as Exhibit B.
“Agreement” means this Regulatory Agreement and Declaration of Restrictive Covenants. “Applicable Laws” means all applicable laws, ordinances, statutes, codes, orders, decrees, rules, regulations, official policies, standards and specifications (including any ordinance, resolution, rule, regulation, standard, official policy, condition, or other measure) of the United States, the State of California, the County, the City, or any other political subdivision in which the Project is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over City, Developer, or the Project.
“Area Median Income” or “AMI” means the area median income in the County, as calculated in accordance with California Code of Regulations Title 25, Section 6914 and adjusted for family size, as determined by HUD pursuant to Section 8 and as published from time to time by HCD pursuant to California Code of Regulations Title 25, Section 6932, or successor provision published pursuant to California Health and Safety Code Section 50093(c). If such income determinations are no longer published, or are not updated for a period of at least twenty-four (24) months, then City shall provide Developer with other income determinations which are reasonably similar with respect to methods of calculation those previously published by HCD. “Baseline Income Restrictions” means the income restrictions for the Project proposed by Developer and approved by City, namely fourteen (14) Units affordable to seniors in a Moderate Income Household, thirty (30) Units affordable to seniors in a Low Income Household, eight (8) Units affordable to seniors in a Very Low Income Household. “Caretaker Unit” means the Unit that will be occupied by a caretaker employed by OCC at no charge to the caretaker, or will be rented as an Affordable Unit. “City” means the City of Orinda, a municipal corporation, along with any assigns, transferees, or successors-in-interest thereto.
“City’s Authorized Representative” means the City Manager of the City of Orinda, or their designee.
“County” means the County of Contra Costa, State of California.

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“Developer” means Orinda Senior Housing Foundation, a California nonprofit corporation, and any assigns, successors-in-interest, and/or transferees. Developer shall not include persons or entities after they have ceased to hold a record leasehold or ownership interest in the Property.
“Effective Date” means the date set forth in the first paragraph of this Agreement. “Fee Waiver Term” means the period commencing upon the Effective Date and ending on the Fee Waiver Termination Date.
“Fee Waiver Termination Date” is the date that is thirty (30) years after the Affordable Housing Occupancy Date.
“Gross Income” means the combined, gross, pre-tax income of all adult occupants of the applicant household, as calculated under California Code of Regulations, Title 25, Section 6914. “Ground Lease” means the ground lease for the Property between Developer and OCC which, together with the Project Approvals, will provide Developer the legal right to develop and operate the Project.
“HCD” means the State of California Department of Housing and Community Development.
“HUD” means the U.S. Department of Housing and Urban Development. “LI Rent” means a monthly Rent that does not exceed one-twelfth (1/12) of thirty percent (30%) times sixty percent (60%) of the AMI, or, for Low Income Households with a Gross Income that is greater than sixty percent (60%) of AMI, one-twelfth (1/12) of thirty percent (30%) times the household’s actual Gross Income.
“LI Unit” means a Unit required to be made available for Low Income Households at an LI Rent pursuant to this Agreement.
“Low Income Households” shall have the meaning defined in California Health and Safety Code Section 50079.5 and as periodically published by HCD. “Management Agreement” is defined in Section 6(a).
“Moderate Income Household” shall have the meaning defined in California Health and Safety Code Sections 50093 and 50052.5 and as periodically published by HCD. “MI Rent” means a monthly Rent that does not exceed one-twelfth (1/12) of thirty percent (30%) times one hundred twenty percent (120%) of the AMI. “MI Unit” means a Unit required to be made available for Moderate Income Households at an MI Rent pursuant to this Agreement.
“OMC” means the Orinda Municipal Code.

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“Party” or “Parties” respectively means City, Developer, and OCC, individually or collectively.
“Project” is defined in Recital A.
“Project Approvals” means the land use and other entitlements granted to Developer by the City with respect to the Project, together with applicable conditions of approval. “Property” means the real property described in the attached Exhibit A. “Property Manager” is defined in Section 6(a).
“Tenant” shall mean a household occupying a Unit.
“Term” means the term of this Agreement, commencing upon the Effective Date and ending on the Termination Date.
“Termination Date” is the date that is fifty-five (55) years after the Affordable Housing Occupancy Date.
“Unit” means any housing unit developed on the Property as part of the Project. “Very Low Income Households” shall have the meaning defined in California Health and Safety Code Section 50105 and as periodically published by HCD. “VLI Rent” means a monthly Rent that does not exceed one-twelfth (1/12) of thirty percent (30%) times fifty percent (50%) of the AMI.
“VLI Unit” means a Unit required to be made available for Very Low Income Households at an VLI Rent pursuant to this Agreement.

2. Occupancy and Affordability Restrictions. Developer hereby covenants and agrees, for itself and its successors and assigns, that the Affordable Units shall be occupied solely in compliance with the Project Approvals and the requirements set forth in this Agreement, including but not limited to subsections (a) through (c) below. Developer represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Developer covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City.
(a) Fee Waiver Requirements. In consideration for waiver of the fees referenced in Recital C above, at all times during the Fee Waiver Term, (i) fifty-two (52) Units shall be rented as Affordable Units in compliance with the Baseline Income Restrictions; and (ii) the caretaker Unit shall either be occupied by a caretaker employed by OCC at no charge to the caretaker, or shall be rented as an Affordable Unit pursuant to clause (i) hereof. (b) Density Bonus and HCD Requirements. In consideration for the grant of the density bonus concessions referenced in Recital B above, at all times during the Term, the Project F.4.c
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and the Affordable Units will at least comply with the Baseline Income Restrictions and the Caretaker Unit shall either be occupied by a caretaker employed by OCC at no charge to the caretaker, or shall be rented as an Affordable Unit. As and when deemed appropriate by Developer to facilitate financing for the Project or for other reasons in Developer’s discretion, Developer may offer the Units at an overall more restrictive level (e.g., replacement of some or all of the Units affordable to Moderate Income Households with Units affordable to Low Income Households) at any time or at all times during the Term.
(c) Senior Occupancy. Developer shall operate the Project as a senior housing development and as such shall require all Units in the Project, except for the Caretaker Unit, if used as such, to be occupied or held available for occupancy to persons 62 years of age or older in accordance with applicable law. To the extent applicable consistent with the age restriction of 62 years, the Project shall be operated at all times with: (a) the Unruh Act, including but not limited to California Civil Code Sections 51.2, 51.3 and 51.4 which relate to the requirements for lawful senior housing; (b) the United States Fair Housing Act, as amended, 42 U.S.C. Section 3607(b) and 24 CFR 100.304, which relate to lawful senior housing; (c) the California Fair Employment and Housing Act, Government Code Section 12900 et seq., which relates to lawful senior housing; and (d) any other Applicable Laws. Developer shall develop and implement appropriate age verification procedures to ensure compliance with the requirements of this Section. Developer agrees to indemnify, protect, hold harmless and defend (by counsel reasonably selected by the City) the City and its council members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of the Developer’s failure to comply with applicable legal requirements related to housing for seniors. The indemnity provisions of this subsection shall survive expiration of the Term or other termination of this Agreement, and shall remain in full force and effect.
(d) Eligibility. Developer and/or its successor in interest shall ensure that all eligibility and rent criteria are met during the Term, as applicable.

3. Income Certification. For each Unit (excepting only the Caretaker Unit, if occupied by a caretaker), prior to the initial occupancy of such Unit, and on every anniversary of the Affordable Housing Occupancy Date thereafter for the remainder of the Term, Developer or Developer’s authorized agent shall obtain from that household a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require:
(i) The identity of each household member; and
(ii) The total household Gross Income.

Developer shall retain such certificates for not less than three (3) years, and upon City’s request, shall provide copies of such certificates to City and make the originals available for City inspection.

4. Household Income Increases as to Affordable Units.
(a) VLI Unit Tenant.

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(i) If upon recertification of a VLI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for a Very Low Income Household but does not exceed the qualifying income for a Lower Income Household, then upon the expiration of such Tenant’s lease and following sixty (60) days’ notice, Developer may increase Tenant’s Rent to LI Rent and Developer shall make the next vacant LI Unit available as a VLI Unit if required to comply with the Baseline Income Restrictions. (ii) If upon recertification of a VLI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for a Very Low Income Household and the qualifying income for a Low Income Household but does not exceed the qualifying income for a Moderate Income Household, then upon the expiration of such Tenant’s lease and following sixty (60) days’ notice, Developer may increase Tenant’s Rent to MI Rent and Developer shall make the next vacant MI Unit available as a VLI Unit or available as an LI Unit, if either of the foregoing is required to comply with the Baseline Income Restrictions.
(iii) If upon recertification of a VLI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for a Very Low Income Household, Low Income Household and Moderate Income Household, then upon the expiration of such Tenant’s lease and following sixty (60) days’ notice, and if so permitted by local and state law, such tenant shall be required to vacate the unit and Developer shall rent the unit to a Very Low Income Household, or a Low Income Household, or a Moderate Income Household, as required to comply with the Baseline Income Restrictions or such other more restrictive income limits then being applied by Developer. (b) LI Unit Tenant.
(i) If upon recertification of an LI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for a Low Income Household but does not exceed the qualifying income for a Moderate Income Household, then upon the expiration of such Tenant’s lease and following sixty (60) days’ notice, Developer may increase Tenant’s Rent to MI Rent and Developer shall make the next vacant MI Unit available as a LI Unit, as required to comply with the Baseline Income Restrictions. (ii) If upon recertification of a LI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for a Low Income Household and Moderate Income Household, then upon the expiration of such Tenant’s lease and following sixty (60) days’ notice, and if so permitted by local and state law, such Tenant shall be required to vacate the unit and Developer shall rent the unit to a Very Low Income Household, a Low Income Household, or a Moderate Income Household, as required to comply with the Baseline Income Restrictions or such other more restrictive income limits then being applied by Developer.
(c) MI Unit Tenant. If upon recertification of a MI Unit Tenant’s Gross Income, Developer determines that such Tenant’s Gross Income has increased and exceeds the qualifying income for a Moderate Income Household, then upon the expiration of such Tenant’s lease and F.4.c
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following sixty (60) days’ notice, and if so permitted by local and state law, such Tenant shall be required to vacate the unit and Developer shall rent the unit to a Very Low Income Household, a Low Income Household, or a Moderate Income Household, as required to comply with the Baseline Income Restrictions or such other more restrictive income limits then being applied by Developer.

5. Lease Provisions. Developer shall include in leases or rental agreements for all of the Units provisions which authorize Developer to immediately terminate the tenancy of any household if one or more of its members misrepresents any fact material to that household’s qualification to occupy any Unit. Each lease or rental agreement of a Unit shall also provide that the household is subject to annual certification in accordance with Section 3, and that, if the household's income increases above the applicable limits for household income which initially qualified that household for the Unit, such household’s Rent will be subject to an increase.

6. Property Management. Developer is specifically responsible, subject to its obligations herein, for all management functions with respect to the Project, including without limitation the selection of Tenants, certification and recertification of household size and income of Tenants in Units, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The City shall have no responsibility over management of the Project.
(a) Management Entity. If Developer enters into a separate property management agreement (“Management Agreement”) with a property management company or other organization in order to manage the Project (including leasing, property management, maintenance and repair services, and reporting obligations) and ensure that Developer’s obligations under this Agreement with respect to the Affordable Units are satisfied (“Property Manager”), the Management Agreement shall not relieve Developer of its primary responsibility for proper performance of management duties.
(b) Management Policies. Developer shall adopt and implement written management policies with respect to the Project that comply with the provisions of this Agreement. The Developer shall provide copies of its management policies to City upon their initial adoption and thereafter upon request.
(c) Repair, Maintenance and Security. Throughout the term of this Agreement, Developer shall at its own expense, maintain the Project in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Developer agrees to maintain the Project (including without limitation, the Units, common areas, landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Project. Developer shall prevent and/or rectify any physical deterioration apart from reasonable wear and tear of the Project and shall make all repairs, renewals and replacements necessary to keep the Project in good condition and repair. Developer shall provide adequate security measures for the Project, including without limitation, the installation of adequate lighting and deadbolt locks.

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(d) Additional Requirements. All construction work and professional services for the Project shall be performed by persons or entities licensed or otherwise authorized to perform the applicable work or service in the State of California and shall have a current City of Orinda business license if required under local law. Developer shall diligently work to resolve complaints related to noise, parking, litter or other neighborhood concerns. (e) Fees, Taxes, and Other Levies. Developer shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Project, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. However, Developer shall not be required to pay any such charge so long as (i) Developer is contesting such charge in good faith and by appropriate proceedings, (ii) Developer maintains reserves adequate to pay any contested liabilities, and (iii) on final determination of the proceeding or contest, Developer immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest. Developer shall have all rights under Applicable Laws to appeal the valuation of the Project (including but not limited to the Affordable Units, any improvements, fixtures or appurtenances, and any personal property) for tax purposes, and nothing herein shall be deemed to preclude Developer from applying for a Welfare Exemption or other taxation relief as a result of the affordability and public benefit provided by the Project or any portion thereof. (f) Property Damage or Destruction. If any part of the Project is damaged or destroyed, Developer shall repair or restore the same, consistent with the occupancy and rent restriction requirements set forth in this Agreement. Such work shall be commenced as soon as reasonably practicable after the damage or loss occurs and shall be completed within one (1) year thereafter or as soon as reasonably practicable, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible.

During such time that any lenders providing financing for the construction of the Project impose requirements that differ from the requirements of this Section the requirements of such lenders and investors shall prevail.

7. Recordation; Subordination. This Agreement shall be recorded in the Official Records of Contra Costa County immediately following recordation of the Parcel Map. Developer hereby represents, warrants and covenants that with the exception of easements of record, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest except those approved in writing by the City in its reasonable discretion.

8. No Impairment of Lien. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor in interest to the Project or Property shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise.

9. No Condominium Conversion. Developer shall not convert any of the Units to condominium ownership or cooperative tenancy or sell condominium or cooperative rights to the Units or any part thereof during the Term.

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10. Indemnity. Developer agrees to indemnify, defend and hold harmless the City and its officers, agents, or employees (the “Indemnitees”) from and against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or indirect, arising in any way from the construction, sale, rental or operation of the Project and/or any of the Units, or from the default by Developer in the performance of its obligations under this Agreement; provided, however, that Developer shall not be required to indemnify, defend or hold harmless any of the Indemnitees from claims, losses, damages, costs and expenses related to the sole negligence or willful misconduct of the Indemnitees.

11. Covenants to Run With the Land. Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes.

12. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, the parties and their respective heirs, successors and assigns. Developer shall not sell, transfer or otherwise dispose of its interest in the Property created by the Ground Lease, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to City an express written assumption of all of Developer’s obligations under this Agreement, on a form reasonably acceptable to City. Upon assignment and assumption by a successor entity, as approved by City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement.

13. Default; Enforcement; Remedies.
(a) Events of Default. An Event of Default shall arise hereunder if Developer fails to perform any obligation under this Agreement and fails to cure such default within thirty (30) days after the City has notified the Developer in writing of the default, or if the default cannot be cured within thirty (30) days, has failed to commence to cure within thirty (30) days and thereafter diligently pursued such cure and completed such cure within a reasonable time. (b) Remedies. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City may proceed with any of the following remedies:
(i) With respect to violations of Section 2(a) at any time during the Fee Waiver Term, City may cause Developer or successor to pay the then current fee attributable to all of the Units covered by this Agreement.
(ii) Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief; (iii) For violations of obligations with respect to rents for the Affordable Units, impose as liquidated damages a charge in an amount equal to the actual amount collected in excess of the VLI Rent, LI Rent, or MI Rent, as applicable; and/or F.4.c
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(iv) Pursue any other remedy allowed at law or in equity.

Each of the remedies provided herein is cumulative and not exclusive. City may exercise from time to time any rights and remedies available to it under Applicable Law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement. Any failure or delay by City in asserting any of its rights or remedies, including specific performance, as to any Event of Default shall not operate as a waiver of any default or of any such rights or remedies or deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

14. Obligations of OCC. The City agrees and acknowledges that for so long as the Ground Lease remains in force, OCC shall have no obligation under this Agreement and the City shall look solely to the Developer (and any successor or assign thereto) to enforce the covenants and obligations set forth hereunder. In the event the Ground Lease is terminated prior to the expiration of the term of this Agreement and is not replaced with a new ground lease, OCC shall, on a going forward basis, operate the Project in accordance with the terms and conditions set forth herein.

Subject to the foregoing, OCC and Developer shall have the right to terminate the Ground Lease; such termination shall not be considered a default hereunder.

15. General Provisions.
(a) Integration. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter.
(b) Waiver and Amendment. No provision of this Agreement, or breach of any provision, can be waived except in writing. Waiver of any provision or breach shall not be deemed to be a waiver of any other provision, or of any subsequent breach of the same or other provision.

This Agreement may be amended, modified or rescinded only in writing signed by both parties hereto.
(c) Time of Essence. Time is expressly declared to be of the essence in this Agreement, and of every provision in which time is an element.
(d) Captions. Section titles and captions contained in this Agreement are inserted as a matter of convenience and for reference, and are not a substantive part of this Agreement. (e) Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as any Party shall reasonably request as may be necessary to carry out the intent of this Agreement. (f) Benefit and Burden. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors and assigns. This Agreement is not intended to benefit any person other than the Parties. (g) Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.

Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or F.4.c
Packet Pg. 138 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- 12 49367225.6/518316.0001
principal and agent with one another. The relationship of Developer and City shall not be construed as a joint venture, equity venture, partnership or any other relationship. City neither undertakes nor assumes any responsibility or duty to Developer (except as expressly provided in this Agreement) or to any third party with respect to the Project. Developer and its employees are not employees of City but rather are, and shall always be considered independent contractors.

Furthermore, Developer and its employees shall at no time pretend to be or hold themselves out as employees or agents of City. Except as City may specify in writing, Developer shall not have any authority to act as an agent of City or to bind City to any obligation. (h) Action by City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by City’s Authorized Representative or by any person who shall have been designated by City’s Authorized Representative, without further approval by the City Council. (i) Non-Liability of City and City Officials, Employees and Agents. No member, official, employee or agent of City shall be personally liable to Developer or any successor in interest, in the event of any default or breach by City, or for any amount of money which may become due to Developer or its successor or for any obligation of City under this Agreement. (j) Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Contra Costa County, California or in the Federal District Court for the Northern District of California. (k) Attorneys’ Fees. The prevailing party in any action, including, but not limited to, arbitration, a petition for writ of mandate, and/or an action for declaratory relief, brought to enforce, interpret or reform the provisions of this Agreement shall be entitled to reasonable attorneys’ fees and costs (including, but not limited to, experts’ fees and costs, and including “costs” regardless of whether recoverable as such under statute) incurred in such action. (l) Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart. (m) Notices. All notices given pursuant to this Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties.

If to City: City of Orinda
Attention: City Manager
22 Orinda Way
Orinda, CA 94563
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If to Developer: _________________
_________________
_________________
If to OCC: _________________
_________________
_________________
(n) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference.
(o) Signature Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the City that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing.
[Signatures on following page]
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Packet Pg. 140 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- 14 49367225.6/518316.0001
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

DEVELOPER:

ORINDA SENIOR HOUSING FOUNDATION, a California nonprofit corporation By:

Name:

Its:

OCC:

THE ORINDA COMMUNITY CHURCH, INC., a California nonprofit corporation By:

Name:

Title:

CITY:

CITY OF ORINDA, a municipal corporation
By:

Linda Smith
City Manager
Attest:
______________________
Sheri M. Smith
City Clerk
Approved as to Form:

By:

Osa Wolff
City Attorney
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Packet Pg. 141 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- 49367225.6/518316.0001

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _________ )
On this ___ day of ______________, 20__ before me, , Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:
(Seal)
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Packet Pg. 142 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- 49367225.6/518316.0001

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:
(Seal)
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Packet Pg. 143 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- 49367225.6/518316.0001

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:
(Seal)
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Packet Pg. 144 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- 49367225.6/518316.0001

EXHIBIT A
Legal Description of the Property
That certain real property located in the City of Orinda, County of Contra Costa, State of California more particularly described as follows:

Parcel “B” as shown on Parcel Map MS 2021-001, filed , 2024, Book , of Maps, Page , Contra Costa County Records
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Packet Pg. 145 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- B
-0

EXHIBIT B
Certificate re Affordable Housing Occupancy Date
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Packet Pg. 146 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- B-1

CERTIFICATE OF COMPLETION
This document is exempt from payment of a
recording fee pursuant to
Government Code § 27383.

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City Clerk
City of Orinda
22 Orinda Way
Orinda, CA 92101

CERTIFICATE RE AFFORDABLE HOUSING OCCUPANCY DATE
THIS CERTIFICATE RE AFFORDABLE HOUSING OCCUPANCY DATE(“Certificate”) is made by the CITY OF ORINDA, California municipal corporation (“City”), in favor of ORINDA SENIOR HOUSING FOUNDATION, a California nonprofit corporation (“Developer”), as of the date set forth below.

RECITALS
A. City and Developer have entered into that certain Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (“Agreement”) dated _____, 2024, concerning the development of a senior affordable residential project on certain real property (the “Property”) situated in the City of Orinda, California, as more fully described in Exhibit A attached hereto and made a part hereof. The Agreement was recorded in the Official Records of Contra Costa County on , 2024, at Instrument No. .

B. As referenced in Section 1 of the Agreement, the Affordable Housing Occupancy Date shall mean the date of issuance by City of a certificate of occupancy for the final Unit, as memorialized in a Certificate to be executed by City and Developer and recorded in the Official Records of Contra Costa County.

NOW, THEREFORE, City and Developer hereby agree as follows:

1. City has issued to Developer a certificate of occupancy for the final Unit as of , 20__.

Accordingly, as provided in the Agreement, the Affordable Housing Occupancy Date shall mean , 20__, the Fee Waiver Termination Date shall mean , 20__, and the Termination Date shall mean , 20__.

2. This Certificate shall not be deemed or construed to constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the construction and development of the Project or F.4.c
Packet Pg. 147 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- B-2
any portion thereof. This Certificate is not a notice of completion as referred to in Section 8182 of the California Civil Code.

IN WITNESS WHEREOF, City and Developer have executed this Certificate this ___ day of _______________, 20__.

CITY OF ORINDA,
a California municipal corporation
By:

Name: ___________
Title:

APPROVED AS TO FORM,
City Attorney
ATTEST:
, City Clerk
DEVELOPER:

ORINDA SENIOR HOUSING

FOUNDATION,
a California nonprofit corporation
By:

Name:

Its:

SIGNATURES MUST BE NOTARIZED
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Packet Pg. 148 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- B-3
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)

COUNTY OF CONTRA COSTA )
On _______________, 20__, before me, ______________________, Notary Public, personally appeared __________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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Packet Pg. 149 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- B-4
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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Packet Pg. 150 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- B-5

EXHIBIT A PROPERTY DESCRIPTION
That certain real property located in the City of Orinda, County of Contra Costa, State of California more particularly described as follows:

Parcel “B” as shown on Parcel Map MS 2021-001, filed , 2024, Book , of Maps, Page , Contra Costa County Records
APN:
1808073.6
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Packet Pg. 151 Attachment: 10 Irwin Way Affordable Housing Regulatory Agreement & Declaration (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021- Resolution 29-24

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

Approving Parcel Map ) Resolution No. 29-24
for Subdivision MS 2021-001 )
at 10 Irwin Way, Orinda, CA )
and Related Actions )
WHEREAS, the request of Orinda Senior Housing Foundation for a Tentative Parcel Map of property at 10 Irwin Way, Orinda California was approved with conditions on August 16, 2022; and
WHEREAS, the applicant submitted the Final Parcel Map for Subdivision MS 2021-001 together with all supplementary documents and fees, to the Public Works Department for filing in accordance with the Subdivision Map Act and Title 16 of the Orinda Municipal Code and the tentative map conditions of approval; and WHEREAS, the Public Works Department has determined that the Parcel Map, all associated documents and fees are satisfactory in accordance with the Subdivision Map Act and Title 16 of the Orinda Municipal Code and the tentative map conditions of approval; and
WHEREAS, the City Council of the City of Orinda finds that:

1. The Parcel Map for Subdivision MS 2021-001, together with all supplementary documents, is in accordance with the Subdivision Map Act and Title 16 of the Orinda Municipal Code and the tentative map conditions of approval, and is consistent with the City of Orinda General Plan;

2. The approval of the Parcel Map and related actions will not have a significant impact on the environment as defined by the California Environmental Quality Act (CEQA), as it is consistent with the Revised Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring Program (MMP) for the Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda approves the Parcel Map for Subdivision MS 2021-001 along with the associated Subdivision Improvement Agreement and Affordable Housing Regulatory Agreement F.4.d
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Page 2 of 2 ends

and Declaration of Restrictive Covenants. The City Council neither accepts nor rejects any offers of dedication shown on the Parcel Map for Subdivision MS 2021-001.

Approved and adopted by the City Council of the City of Orinda at a regular meeting on November 4, 2024.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_________________________________
Darlene K. Gee, Mayor
ATTEST:
_________________________________
Sheri Marie Smith, City Clerk
1815224.1
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Packet Pg. 153 Attachment: Resolution 29-24 Approval of Final Map 10 Irwin Way (3418 : Adoption of Parcel Map for 10 Irwin Way (MS 2021-001)) City Council
Staff Report
Agenda Item: H.1
Date: November 4, 2024
Department: Administration
AGENDA TITLE: Discussion of Tri-Agency Meeting
RECOMMENDATION:

Discuss the October 21, 2024, Tri-Agency Meeting and provide feedback to staff on outreach efforts by the Moraga Orinda Fire District to the residents of Orinda BACKGROUND:

On October 21, 2024, a Tri-Agency Meeting was held with the City of Orinda, the Town of Moraga and the Moraga Orinda Fire District (MOFD). The meeting was initiated by MOFD.

MOFD Chief Winnacker was joined by Nancy Watkins, a Principal and Consulting Actuary for Milliman who provided an overview of the California insurance market and wildfire risk mitigation. Following Ms. Watkin's presentation, Chief Winnacker presented information on wildfire behavior, including the role of vegetation and structures in exacerbating fire spread, as well as the California Department of Insurance's Safer from Wildfires Program. Of particular note was the discussion of including home hardening efforts such as Zone Zero.

Following the presentation, the agencies asked clarifying questions, took public comment and provided feedback to MOFD staff regarding next steps. There was majority support amongst the three agencies to expand the area's Zone Zero efforts, while acknowledging the difficultly in seeking compliance with current efforts. Concerns were also raised regarding other unintended consequences of vegetation removal (including changes in the community aesthetics and soil stabilization), as well as the need for significant community engagement and outreach.

Given the significance of MOFD moving towards a Zone Zero ordinance, Staff believes it is important for the City Council to discuss the matter and inform MOFD of its expectations for community outreach in advance of any future action by the MOFD Board.

Respectfully Submitted by:

Linda Smith
City Manager
Prepared By: Linda Smith, City Manager
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Approved by:

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City Council
Staff Report
Agenda Item: H.2
Date: November 4, 2024
Department: Administration
AGENDA TITLE: Options for Off-Leash Dog Use of Orinda Oaks Park and Open Space RECOMMENDATION:

That the City Council consider the creation of a pilot program to allow off-leash dog use at Orinda Oaks Park and Open Space and provide direction on the new option for a future fenced use of the meadow and picnic area.

BACKGROUND:

At the March 4, 2024 meeting, the City Council received a report on the recommendation from the Parks and Recreation Commission to consider development of a fenced off-leash area in Orinda Oaks Park and Open Space.

At the July 16, 2024 City Council meeting, Callander Associates (the City’s consultant) and Staff presented the initial design concept and estimated construction costs for the dog park. Initial council feedback was concern with the estimated construction cost of $775,000.

At the October 1, 2024 meeting, Callander presented a conceptual design and costs for a fenced off-leash dog park at Wilder Park. At that meeting, Staff indicated they would return with a concept for a pilot (“pop up”), unfenced, off-leash area in Orinda Oaks Park and Open Space.

DISCUSSION:

The City of Orinda has six publicly maintained parks (both City and school facilities), none of which include a designated off-leash area, fenced or unfenced. Off-leash dogs are currently prohibited in City parks by the Orinda Municipal Code section

12.28.230(D). A dedicated (fenced) off-leash dog area has appeared on the Capital Improvement Program (CIP) unfunded list in recent years, spurred by community interest. The nearest official dedicated off-leash areas are in Walnut Creek, Danville, and San Ramon. The off-leash area in Moraga is a shared park with off-leash use allowed certain times of the day and does not include complete perimeter fencing.

Orinda Oaks currently functions largely as a trail head and staging area for hikers and includes amenities such as parking, restrooms, water fountains, trash receptacles, dog waste bag station, and picnic tables (which can be reserved by the community). The site is not often heavily utilized by the public or other user groups, making it a potentially ideal location to support off-leash dog access.

Staff evaluated the benefits and risks associated with the establishment of off-leash dog access at Orinda Oaks. Some of the benefits include increased utilization of the area, H.2
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an opportunity for dog owners to socialize, as well as the ability to encourage responsible dog ownership by requiring sanitary practices, license policies, vaccination requirements, etc. On the other hand, allowing off-leash use could also result in the increased wear and tear of the meadow, potential negative interactions between dogs and dog owners, as well as concerns for dogs running out of the designated area towards populated areas like the parking lot and Moraga Way. Weighing out the benefits and risks, Staff proposes to proceed with a pilot program to determine interest, utilization, and gather information that could inform the future of the dedicated (fenced) off-leash dog area has appeared in the City’s Capital Improvement Program (CIP).

Alternative Fenced Dog Park Location – Meadow and Picnic Area As previously noted, Staff presented options for a fenced dog park option at this location utilizing the area further up the trail head, just north of the meadow area. The area previously presented was estimated to cost $775,000. The expense was largely driven by accessibility requirements.

In evaluating the use of the meadow for off-leash use, Staff realized another option the City Council could consider is the enclosure of the picnic area and meadow, which sits lower adjacent to the trail and could likely meet accessibility standards without significant investment. The City’s consultant estimates that the costs for a fenced facility at this location would be approximately half, or roughly $400,000.

If the City ultimately develops a fenced dog park, it would be entitled to immunity under state law for claims resulting from the actions of dogs in that park. An unfenced, offleash area may not fall within that immunity. Instead, Staff’s communications with the Municipal Pooling Authority (MPA), the City’s insurance provider, indicate that allowing off-leash dogs in an unfenced area could nonetheless be appropriate from a risk management perspective provided the area is considered open space. In this instance, the meadow and picnic area serve primarily as a trail head entrance, thus serving an open space function.

Staff recommends the City Council provide direction to formalize the pilot program and discuss the idea of a permanent, fenced dog area encompassing the meadow and picnic area.

Following the start of the pilot program, Staff recommends bringing an update to the City Council next summer. At that update, Staff can provide details of the program, including the amount of use, issues, trends, etc. If successful, Staff could recommend the program continue for an additional period. Staff also recommends that the pilot would cease at any time if the established program rules and guidelines are not being followed.

In preparation for the launch, Staff would promote the program through a variety of channels, including the Orinda Outlook, social media posts, and a table at the Farmers’ Market. Collecting data and feedback from the community regarding a dog park in Orinda is also an overarching goal of this effort. Staff are compiling a survey that can be accessed via a QR code that will be made available through a variety of methods.

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NEXT STEPS:

If the recommendation is accepted, Staff will bring back an update to the Parks and Recreation Commission on the City Council’s direction, as well as seek their feedback on the outreach and collection of data for either permanent off-leash and fenced dog park options. Staff would also bring back an ordinance for Council consideration to make recommended changes to the City’s Municipal Code to allow dogs off-leash in designated open-space areas, consistent with posted rules.

Following the start of the pilot program, Staff recommends bringing an update to the Parks and Recreation Commission next summer. At that update, Staff can provide details of the program, including the amount of use, issues (including any neighborhood complaints), as well as any trends identified. If successful, the Commission could recommend the program continue to the City Council for an additional period. Staff also recommends that the pilot would cease at any time if the established program rules and guidelines are not being followed.

FISCAL IMPACT:

Costs are anticipated to be relatively minor for the unfenced pilot program, covering the cost of signage and perhaps an increase in dog waste bags and general servicing and maintenance of the park amenities. The City would also stand to lose approximately $2,000 annually for picnic rentals. Should the City Council wish to consider the enclosure of the picnic area and meadow as part of a fenced dog park, the project cost would be approximately $400,000.

Respectfully Submitted by:

Linda Smith
City Manager
Prepared By: Linda Smith, City Manager
Approved by:

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City Council
Staff Report
Agenda Item: H.3
Date: November 4, 2024
Department: Planning Department
AGENDA TITLE: Senate District 7 ADU Accelerator Program Update RECOMMENDATION:

Receive the update regarding the Senate District 7 ADU Accelerator Program.

BACKGROUND:

Cities across California are increasing efforts to encourage the production of accessory dwelling units (ADUs) to help address the housing crisis. To assist cities in this effort, State Senator Steve Glazer worked with local cities to develop and sponsor a pilot program for the 15 cities in Senate District 7, including Orinda. The pilot program, termed the ADU Accelerator Program, provides individual rebates of up to $7,500 to property owners for new ADUs and up to $15,000 for new ADU units that are deed restricted to low-income households.

Residents who wish to take advantage of this grant will be able to apply for the funds on a first-come, first-serve basis as part of the normal ministerial building permit application process starting January 1, 2025. Applicants will have 18 months from the time their ADUs are issued building permits to receive a certificate of occupancy to receive rebates.

The amount of rebate available to each applicant depends upon the size of the ADU as well as the ADU’s affordability. ADUs that are deed-restricted to low-income households which establish a contract with the City for a minimum period of 20 years may be eligible for up to $15,000 in rebates, which is twice the amount available to nonrestricted ADUs. Additionally, the program favors smaller, and thus more affordable ADUs, awarding larger rebates to smaller ADUs.

Below is the funding scale:

Square footage Deed-restricted Non restricted
≤ 500 $15,000 $7,500
501 - 750 $10,000 $5,000
> 750 $ 5,000 $2,500
DISCUSSION:

Orinda’s allocation of funding is determined on a per-capita fixed dollar amount. Based on the size and nature of the ADU, $35,000 could be awarded to fund anywhere between three and 14 ADUs. In October 2024, Staff applied for the $35,000 to provide H.3
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rebate grants to applicants constructing ADUs through September 2026. Funding was approved and will be made available in December 2024.

Staff anticipates production of at least 18 ADUs during this period. Within the past year (from October 17, 2023 – October 17, 2024), 18 of the ADUs approved by Planning Staff applied for and either received Building Permits or have already completed construction and received a certificate of occupancy through the County.

Accessibility dwelling unit production will likely outpace initial funding availability. In the future, the City will be able to apply for excess funds that have not been spent by other cities. Additional funding may come from the program’s other funding option, which is a $50,000 grant to individual cities seeking to produce permit-ready ADU plans. Due to the limited use of these plans in other jurisdictions and the City’s reliance on the County’s building department for building plan approvals, Staff has elected to not apply for the funding. Staff will maintain a dialogue with the program administrator to consider alternative uses for these funds in crowd-sourcing pre-approved ADU plans from local and regional designers. Should the funds go unused, they will be made available for cities to apply for additional ADU grant funding after March 2025, when the initial application period for cities closes.

Housing Element Policy
This rebate program assists the City in meeting Housing Element Action - “1E:

Promotion of Accessory Dwelling Units”:

The City will encourage the construction of ADUs through the following actions, which are aimed at providing an increased supply of affordable units throughout the city, thereby increasing access to high resource established neighborhoods outside of the Downtown and Opportunity zone areas and help reduce displacement risk for low-income households.
• Identify incentives for construction of ADUs with new development, which may include differing collection of impact fees for the square footage associated with the ADU until issuance of the certificate of occupancy.

NEXT STEPS:

The ADU Accelerator Program grant funds will be available for applicants beginning January 1, 2025, for building applications received on or after January 1, 2025.

Information regarding the Program is available on the City’s website under the Planning Department section. Knowing the average number of ADU units produced in Orinda are more than the amount of funding available, Staff will conduct limited outreach to not create more demand than supply of funds. Staff will provide biannual reports on the status of applications to the program coordinator in the Town of Danville through late 2026, when an additional application will likely be made pending available excess funds.

FISCAL IMPACT:

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The entire rebate amount of $35,000 is being provided by the State of California. The City will be contributing the Staff time necessary to administer the program. The cost of the Staff time is not expected to be material.

ATTACHMENTS:

A. ADU Accelerator Program Guidelines
B. ADU Accelerator Program Cover Letter
C. Weblink to: ADU Accelerator Program Informational Web Page Respectfully Submitted by:

Lashun Cross
Planning Director
Prepared By: Darin Hughes, Associate Planner
Approved by:

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Senate District 7 - ADU Accelerator Program | GUIDELINES Cities across California are ramping up efforts to encourage the production of accessory dwelling units (ADUs) to help address the housing crisis. Some cities are taking steps to encourage and facilitate the construction of ADUs through the development of permitready plans, including architectural design work. Other cities are waiving processing fees to bring down the cost of housing.

This new program, piloted by Senator Glazer, will be composed of 15 cities in the East Bay of the San Francisco Bay Area. The program will be administered by the California Department of Housing and Community Development for the purpose of advancing or “accelerating” the production of 350 ADUs through a series of programs.

Program Funding
Section 19.564 of the Budget Act of 2023 provides $2,500,000 to be allocated to select cities in Contra Costa and Alameda Counties to encourage the production of accessory dwelling units (ADUs) to help address California’s housing crisis.

Program Details

1. Incentive Program. Available Funding: $1,725,000
A. Low-Income Restricted ADUs
Provide individual rebates of up to $15,000 to property owners who obtain building permits to construct an ADU and receive a certificate of occupancy within 18 months of issuance. Rebates will be provided for units that are deed restricted H.3.a
Packet Pg. 162 Attachment: ADU Accelerator Program Guidelines (3458 : ADU Accelerator Program) SD7 ADU Accelerator Program | Guidelines Page 2 of 4
to low-income households for a minimum of 20 years (see sample regulatory agreement provided); based on the following sliding scale:
• $15,000 for units < 500 square feet
• $10,000 for units between 501-750 square feet
• $5,000 for units between 751-1,000 square feet
No rebates for units over 1,000 square feet.

B. Non-restricted ADUs
Provide individual rebates of up to $7,500 to property owners who obtain building permits to construct an ADU and receive a certificate of occupancy within 18 months of issuance. Funds are awarded based upon the following sliding scale:
• $7,500 for units < 500 square feet
• $5,000 for units between 501-750 square feet
• $2,500 for units between 751-1,000 square feet
No rebates for units over 1,000 square feet.

The total available funding amount allocated to each qualifying city is based on population and a per capita calculation of $1.87. For example:
• City of Dublin has a population of 72,917 (as of January 1, 2024) • Per capita - $1.87
• Eligible for Award of $136,352 ($1.87 per capita x 72,917 population) • Divided by average of $5,000 per unit (unrestricted)
• Potential ADUs Added = 27 ADUs

2. Permit Ready Prototype ADU Plans. Available Funding: $750,000 Qualified cities receive funding toward preparing prototypical permit-ready ADU plans (“ADU Plans”), including design elevations and construction drawings. Permitready plans are intended to streamline the ADU development process and facilitate additional ADU development in the community. Cities may partner with other cities on applications in this category to leverage investment. The maximum grant per city will be $50,000.

Cities may not be reimbursed for permit-ready ADU plans that were prepared prior to the launch of this program. Program funds may be used to modify or update existing permit-ready ADU plans or to create additional permit-ready ADU plans.

Cities may also seek compensation from other eligible cities they share plans with.

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Packet Pg. 163 Attachment: ADU Accelerator Program Guidelines (3458 : ADU Accelerator Program) SD7 ADU Accelerator Program | Guidelines Page 3 of 4
Application Process
To receive funds, qualified cities must complete and submit an electronic application to the Fiscal Agent, Town of Danville.

All funds must be expended by the city as prescribed below and no later than September 30, 2026, after which these funds would be considered unexpended “Excess Funds” subject to re-allocation.

Incentive Program
An application must include (a) the anticipated number of units proposed to be produced through the program; and (b) amount requested based on the per capita amount identified in the Funding Eligibility section.

Funding will be distributed to cities upon receipt of the application. Any unused funding must be returned to the Town of Danville, Fiscal Agent, at the end of the 18- month period and may be reallocated to cities that meet their targets and have additional need.

Permit-Ready Prototype ADU Plans
An application must include (a) brief description of the plans to be developed including the number of floor plans and ADU sizes; and (b) requested funding amount. The maximum funding is $50,000 per agency. Cities may partner with other eligible cities on applications in this category to leverage funding investment.

Funding will be distributed to cities upon receipt of the application. Permit-ready plans must be completed and available to prospective permittees within 12 months of grant award and include a city resolution adopting the ADU Plans.

Funding Eligibility
There are 15 cities of varying size within Senate District 7. Funding eligibility for the Incentive Programs will be based on a per capita amount of $1.87 per resident.

Population will be based on the January 1, 2024 Department of Finance Population Estimates.

Eligible recipients shall be cities in Contra Costa and Alameda Counties, specifically Dublin, Livermore, Pleasanton, Antioch, Brentwood, Clayton, Concord, Danville, Lafayette, Moraga, Oakley, Orinda, Pittsburg, San Ramon and Walnut Creek.

Eligible cities have eighteen (18) months, until September 30, 2026 to utilize funding received through this program.

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Excess Funds
Any funding that has not been expended pursuant to these program guidelines by September 30, 2026, must be returned to the Fiscal Agent, the Town of Danville. These Excess Funds will be reallocated to other eligible agencies pursuant to the Incentive Program Guidelines. Funds will be re-allocated on a first come, first served basis. In the event of multiple requests, consideration will be given to which city or cities will generate the largest number of affordable units.

Application Deadlines
Applications are accepted via electronic submittal only Incentive Program: September 1, 2024 – March 31, 2025 (may be extended if additional funds are available to be rolled over from the Permit-Ready program).

Permit-Ready Prototype ADU Plans: September 1, 2024 – March 31, 2025.

Note: Receipt of ADU Accelerator Program funds from State HCD is expected by October and available for disbursement by November 2024.

Program Administration
As authorized through the California Budget Act of 2023 and the California Department of Housing and Community Development, the Town of Danville will act as the fiscal agent (“Fiscal Agent”) to receive funding applications and distribute Program funds. The Town of Danville will receive a 1% fee ($25,000) for administering the program.

Program questions and applications can be submitted to the Town of Danville Planning Division c/o Jessica Lam, at [email protected].

Biannual Reporting
Eligible recipients will be required to submit Biannual Progress Reports which summarize the number of ADUs that have been permitted and finaled for the reporting period as well as cumulatively for the life of the program through September 30, 2026.

Biannual Progress Reports will be filed with the Fiscal Agent at [email protected].
*Biannual reports are accepted via electronic submittal only.

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Packet Pg. 165 Attachment: ADU Accelerator Program Guidelines (3458 : ADU Accelerator Program) Accessary Dwelling Unit Accelerator Program
It is no secret the State of California is facing a shortage of available and affordable housing, and no one knows this better than our local cities and towns. From my first days in the State Senate, I have been a staunch supporter of cities seeking new and unique ways to spur the production of housing while blending new developments within the fabric of their communities.

I would like to announce the newly created ADU Accelerator Program. The ADU Accelerator Program offers rebates of up to $15,000 for qualifying ADU plans and projects. This $2.5 million state-funded initiative is intended to encourage and facilitate the construction of 350 ADUs in 15 cities and towns in Contra Costa and Alameda Counties.

Please see attached an overview of this exciting new program along with everything needed to apply and receive funds. Our goal is to have all 15 of our eligible cities participate to show local governments statewide what can be achieved when cities work together with the state on an incentivized program aimed at producing more affordable housing. Should you have any questions, please don’t hesitate to reach out to me.

Sincerely,
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Packet Pg. 166 Attachment: ADU Accelerator Program Cover Letter (3458 : ADU Accelerator Program)

Orinda City CouncilNovember 4, 2024

Orinda City Council
November 4, 2024