Agenda — Richmond City Council, October 18, 2022 (part 1 of 15)

MEETING(S) - (Meeting(s) are virtual)

SPECIAL RICHMOND HOUSING AUTHORITY AGENDA

REGULAR RICHMOND CITY COUNCIL AGENDA

Tuesday, October 18, 2022, 4:30 p.m.

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

Thomas K. Butt, Mayor
Demnlus Johnson III, Councilmember at Large
Nathaniel Bates, Councilmember at Large
Claudia Jimenez, Councilmember District 6
Eduardo Martinez, Vice Mayor at Large
Melvin Willis, Councilmember District 1
Gayle McLaughlin, Councilmember District 5
Jaycine Scott, Housing Authority Tenant Commissioner
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CORONAVIRUS DISEASE (COVID-19) ADVISORY
PURSUANT to the Governor of the State of California’s Assembly Bill 361 and in the interest of the public health and safety, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media. Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below.

How to watch the meeting from home:

1. KCRT – Comcast Channel 28 or AT&T Uverse Channel 99

2. Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live Public comment may be submitted by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.

Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted.

Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

Via email: to [email protected] by 1:00 p.m. the day of the meeting.

Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number]. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.

Via Zoom by video conference: for Open Session and City Council: Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting

By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx 10-18-22 CC MTG.

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To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. ** To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** **The mayor will announce the agenda item number and open public comment when appropriate.

The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

AB 361 Procedures in the Event of Technical Difficulties: In the event the meeting broadcast is disrupted, or if a technical issue on the agency's end disrupts public participation, the legislative body board cannot take any further action on the agenda until the technical issue is resolved.

Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31.

Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-andforth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).

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

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

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

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.
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Effect of Advisory on In-person public participation: During the pendency of Assembly Bill 361, the language in this Advisory portion of the agenda supersedes any language contemplating in-person public comment.

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

Pages
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A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
.

D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
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F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.

G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. HOUSING AUTHORITY CONSENT CALENDAR
K.1. Continued use of teleconference technology 15
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

K.2. Housing Authority Meeting Minutes 19
APPROVE the minutes of the Regular September 13, 2022, and Special September 20, 2022, Housing Authority meetings - City Clerk's Office (Pamela Christian 510-620-6513).

L. ADJOURNMENT
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M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

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

CLOSED SESSION
R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) S. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
T. OPEN FORUM FOR PUBLIC COMMENT
U. CITY COUNCIL CONSENT CALENDAR
U.1. City Attorney's Office
U.1.a. Amending the Eviction Moratorium to Allow for Owner Move-ins in Residential Units
22 INTRODUCE an ordinance (first reading) amending Urgency Ordinance No. 02-21 entitled “Eviction Moratorium” to allow for owners of residential rental property within the City of Richmond to move in during the remainder of the Eviction Moratorium – City Attorney’s Office (Dave Aleshire/Shannon Moore 510-620-6505).

U.2. City Clerk's Office
U.2.a. Continued Use of Teleconferencing 38
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

U.2.b. City Council Meeting Minutes 42
APPROVE the minutes of the October 4, 2022, Richmond City Council meeting - City Clerk's Office (Pamela Christian 510-620- 6513).

U.3. City Council
U.3.a. National Infrastructure Bank, H.R. 3339 51
ADOPT a resolution urging Congress to enact National Infrastructure Bank Legislation (H.R.3339) to finance urgently needed infrastructure projects throughout the U.S. – Councilmember Gayle McLaughlin (510-620-6636).
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U.4. Community Development
U.4.a. Contract Amendment No. 6 with Wood Environment & Infrastructure Solutions, Inc.
71 APPROVE a contract amendment no. 6 with Wood Environment & Infrastructure Solutions, Inc., to increase the contract amount by $102,200, for a total amount not to exceed $854,750, with a term extending through June 30, 2023, to prepare a Supplemental Remedial Action Plan, and continue groundwater monitoring at the Terminal One site in compliance with the clean-up order issued by the Regional Water Quality Control Board – Community Development Department (Lina Velasco (510-620-6706).

U.4.b. Contract Amendment No. 6 for R3 Consulting Group 265 APPROVE a contract amendment no. 6 with R3 Consulting Group, to increase the contract amount by $100,000, for a total contract not to exceed $250,851, with a term extending through June 30, 2024, to assist the City in the five-year compliance review of the conditional use permit for the Bulk Materials Processing Center and associated facilities – Community Development Department (Lina Velasco 510- 620-6706).

U.4.c. Contract for CORE Team for Castro Encampment Resolution Project 477 APPROVE a sole-source contract with Contra Costa County Health Services Department, for a term beginning July 1, 2022, to December 31, 2023, for a not to exceed amount of $380,958, to provide dedicated Coordinated Outreach Referral Engagement (C.O.R.E.) program staff at the Castro Encampment to be funded by the City’s Encampment Resolution Funding received from the California Interagency Council on Homelessness (Cal ICH) – Community Development Department (Lina Velasco/Jesus Morales 510-620- 6649).

U.4.d. Rezoning for a 135-unit mixed-use affordable and supportive housing development
510
ADOPT an ordinance (second reading) approving a Zoning Map Amendment to rezone the project site at 100 38th Street from PCI, Public, Cultural, and Institutional to CM-3, Commercial Mixed-Use for a mixed-use 135-unit affordable and supportive housing development – Community Development Department (Lina Velasco 510-620- 6706).
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U.5. Economic Development
U.5.a. Amend the Port of Richmond Federal Maritime Commission (FMC) Tariff No. 3
776
ADOPT a resolution to amend the Port of Richmond Federal Maritime Commission (FMC) Tariff No. 3, reflecting a two percent increase in tariff rates as approved by the Executive Committee of the California Association of Port Authorities (CAPA) – City Manager’s Office (Lizeht Zepeda 510-620-6653).

U.6. Finance Department
U.6.a. Fiscal Year 2021-2022 Year-End Clean-Up 855
ADOPT a resolution to approve the use of the estimated Operating Surplus to clear the negative cash and other administrative budget adjustments, transfer to Other Post-Employment Benefits Trust, and release General Fund fund balance assignments and commitments listed in the attached resolution – Finance Department (Shasa Curl/Nickie Mastay/Delmy Cuellar 510-620-6790).

U.7. Fire Department
U.7.a. Interagency Agreement with Contra Costa County Health Services for EMS Program
866
ADOPT a resolution to ACCEPT and APPROPRIATE a total of $688,066 in Measure H funding from the Contra Costa County Health Services Division; and APPROVE a three-year interagency agreement for the period of July 1, 2022, through June 30, 2025 – Fire Department (Chief Angel Montoya 510-307-8041).

U.8. Human Resources
U.8.a. Proposed Resolution Approving a Memorandum of Understanding between the City of Richmond and the Richmond Police Officers Association (RPOA)
891
ADOPT a resolution approving a successor Memorandum of
Understanding between the City of Richmond and the Richmond Police Officers’ Association for the term of July 1, 2022, through June 30, 2025; and DIRECT the city manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU – Human Resources Department/City Attorney’s Office (Sharrone Taylor/Nickie Mastay/Jaclyn Gross 510- 620-6602).
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U.9. Information Technology
U.9.a. Proposed Resolution to Add Government Finance Officers Association (GFOA) to Standing Orders and Outline Agreements for Technology Related Goods and Services
943
ADOPT a resolution adding Government Finance Officers
Association (GFOA) to the approved list of standing orders/outline agreements for technology related goods and services, in an amount not to exceed $50,000 per year, for Fiscal Years 2022-2023 through 2023-2024 – Information Technology Department (Nickie Mastay/Sue Hartman 510-620-6874).

U.10. Library and Community Services
U.10.a. Resolution to Accept and Appropriate National Recreation and Parks Association Community Wellness Hub Grant Program Funds for the Food Fit Fun Program
971
ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $90,000 from the National Recreation and Parks Association Community Wellness Hub Grant Program Funds for the Food Fit Fun Program – Library and Community Services
Department (Ranjana Maharaj/Jene Levine-Snipes 510-307-8132).

U.10.b. North Richmond Mitigation Fee Committee Bylaws Amendment 982 APPROVE the amended North Richmond Mitigation Fee Committee Bylaws - Library and Community Services Department (Lori ReeseBrown 510-620-6869).

U.10.c. Bay Area Library and Information System Funds to Support Library Staff Training and Strategic Development
988
ADOPT a resolution to ACCEPT and APPROPRIATE a $9,333 Bay Area Library and Information System grant into the Fiscal Year 2022- 2023 Library Budget for staff development, public programming, and strategic planning – Library and Community Services Department (LaShonda White/Diana Lopez 510-620-5452).

U.10.d. Receipt of Grant Funds from the California Volunteers - Office of the Governor, U.S. Department of Labor YouthBUILD, and the U.S.

Environmental Protection Agency
993
ADOPT a resolution to ACCEPT and APPROPRIATE $4,672,695 in grant-funds received from California Volunteers - Office of the Governor, U.S. Department of Labor YouthBUILD, and the U.S.

Environmental Protection Agency – Library and Community Services Department (Tamara Walker 510-307-8006).
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U.11. Mayor's Office
U.11.a. Corrections to Individuals’ Term Expiration Dates on Boards, Commissions, and Committees
1155
APPROVE updated term expiration dates for the following individuals: Thomas Harrison Jr., Library Commission, Seat #5, Term Expires July 1, 2025; Shannon Hilsey Choy, Urban Forest Advisory Committee, Seat #1, Term Expires November 17, 2025; Anita Pereira, Urban Forest Advisory Committee, Seat #7, Term Expires November 17, 2025; Kyanna Williams, Urban Forest Advisory Committee, Seat #9, Term Expires November 17, 2025 - Mayor’s Office (Mayor Tom Butt 510-620-6503).

U.11.b. Contra Costa Mosquito and Vector Control District Board of Trustees Appointment
1157
APPOINT John Chris Dupin, Contra Costa Mosquito and Vector Control’s Board of Trustees, City of Richmond’s Seat, Term Expires October 18, 2024 - Mayor’s Office (Mayor Tom Butt 510-620-6503).

U.11.c. Library Commission Appointment 1160
APPOINT Marcela Jaimes, Library Commission, Seat #2, Term Expires July 1, 2025 - Mayor’s Office (Mayor Tom Butt 510-620- 6503).

U.11.d. Planning Commission Appointment 1163
APPOINT Dilraj Singh, Planning Commission, Seat #5, Term Expires June 30, 2024 - Mayor’s Office (Mayor Tom Butt 510-620-6503).

U.11.e. Economic Development Commission Appointments 1166 APPOINT Allison Huie, Economic Development Commission, Seat #6, Term Expires March 30, 2025; Louise Dyble, Economic Development Commission, Seat #7, Term Expires March 30, 2025; Edward Thompson, Economic Development Commission, Seat #13, Term Expires March 30, 2025 - Mayor’s Office (Mayor Tom Butt 510- 620-6503).

U.11.f. Red Ribbon Week – October 23-31, 2022 1172
PROCLAMATION declaring October 23-31, 2022, as Red Ribbon Week in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510- 620-6503).
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U.12. Police Department
U.12.a. Contract for Point Molate Security Guard Services 1175 APPROVE a two-year contract with Allied Universal, for a total amount not to exceed $588,229, to provide security guard services at Point Molate, with a term from January 1, 2022, to June 31, 2024 – Police Department (Lieutenant Elizabeth Bashan 510-621-1817/Craig Murray 510-307-8188).

U.12.b. Ordinance to Approve a Military Equipment Use Policy. 1207 ADOPT an ordinance (second reading) pursuant to state law (Assembly Bill 481) to approve Richmond Police Department Policy 707 - Military Equipment Use Policy - Police Department (Chief Bisa French 510-620-6655).

U.13. Public Works
U.13.a. Contract with O. C. Jones & Sons, Inc. for Paving Equipment Rental Services and Appropriation of $2,200,000 SB1 Fund Balance 1251
APPROVE a three-year contract in an amount not to exceed $5,000,000, with the option of one two-year renewal in the amount of $3,000,000, with O.C. Jones & Sons, Inc., for the rental of street paving equipment, as needed, to supplement City crews on larger paving projects; and APPROPRIATE $2,200,000 from the 2022-2023 SB1 Fund Balance to the 2022-2023 Paving Program – Public Works Department (Rob Chelemedos 510-231-3007).

U.13.b. Resolution to accept and appropriate State of California Park Development Program Funds for the Shields Reid Park Revitalization Project, and APPROVE Sole Source contracts for American Ramp Company, PlaceWorks, Mack5, and The Watershed Project
1347
ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $8,000,000 from the State of California Department of Parks and Recreation Prop 68 funds to Revitalize Shields Reid Park, and APPROVE Sole Source contracts for American Ramp Company for bike pump track design and construction, in the amount of $374,500, for a term from November 1, 2022 to December 31, 2025; PlaceWorks for landscape architectural design and engineering services, in the amount of $293,078, for a term from November 1, 2022 to December 31, 2025; Mack5 for project and construction management services, in the amount of $551,400, for a term from November 1, 2022 to December 31, 2025; and The Watershed Project for community outreach and park design support, in the amount of $25,500, for a term from October 1, 2022 to December 31, 2025 – Public Works Department (Nickie Mastay/Jene Levine-Snipes 510-307-8132).
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U.13.c. Resolution to Accept and Appropriate State of California Department of Transportation Clean California Grant Program Funds for the Richmond Communities Clean Collaborative Project and Approve Sole Source Contracts for Richmond Main Street Initiative, Rebu 1692
ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $5,000,000 from the State of California Department of Transportation (CalTrans) Clean California Grant Fund; and AUTHORIZE the city manager or their designee to execute the agreement – Public Works Department (Nickie Mastay/Jene LevineSnipes 510-307-8132).

U.13.d. Resolution to Accept and Appropriate State of California Park Development Program Funds for the Dirt World Bike Park
Revitalization Project and Approve Sole Source Contract for American Ramp Company
2064
ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $1,170,000 from the State of California Department of Parks and Recreation Prop 68 funds to Revitalize Dirt World Bike Park; and APPROVE a sole source contract with American Ramp Company for bike park design and installation services, in the amount of $575,425, with a term from October 18, 2022 through December 31, 2025 – Public Works Department (Nickie Mastay/Jene LevineSnipes 510-307-8132).

U.13.e. State of California Department of Transportation (Cal Trans) Clean California Grant Program Funds for the Richmond Art and Lighting Project
2172
ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $4,000,000 from the State of California Department of Transportation (CalTrans) Clean California Grant Fund – Public Works Department (Nickie Mastay/Jene Levine-Snipes 510-307- 8132) .

U.13.f. Resolution to Accept and Appropriate State of California Department of Transportation Clean California Grant Program Funds for the Yellow Brick Road: Clean, Green, and Beautiful Project
2200
ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $4,999,955 from the State of California Department of Transportation (CalTrans) Clean California Grant Fund – Public Works Department (Nickie Mastay/Jene Levine-Snipes 510-307- 8132).
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V. PUBLIC HEARINGS
V.1. TEFRA Hearing for The Nevin Plaza Apartments Affordable Housing Project 2211 HOLD a public hearing relating to the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), in an amount not to exceed $50,000,000, for the benefit of the Nevin Plaza I, L.P., for the acquisition and rehabilitation of a 140-unit multifamily rental housing facility for very low-income seniors and persons with disabilities located at 2400 Nevin Avenue in the City of Richmond, California; and ADOPT a resolution approving the issuance of the bonds by the CMFA for the sole purpose of satisfying Tax Equity and Fiscal Responsibility Act requirements – Community Development Department (Lina Velasco 510-620-6706).

W. NEW BUSINESS
W.1. Board, Commission, and Committee Resignations and Vacancies 2218 ANNOUNCE recent resignations from boards, commissions, and committees and vacancies as of October 12, 2022, and ask that interested individuals send applications to the City Clerk’s Office – Mayor’s Office (Mayor Tom Butt 510- 620-6503).

X. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Y. ADJOURNMENT
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October 18, 2022
City Clerk's Office
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Pamela Christian, City Clerk
Subject: Continued use of teleconference technology
FINANCIAL IMPACT: There will be no fiscal impact associated with this action.

PREVIOUS COUNCIL
ACTION:

December 21, 2021, January 18, 2022, February 15,
2022, March 15, 2022, April 19, 2022, May 17, 2022, June 21, 2022, July 19, 2022, August 19, 2022, September 20, 2022

STATEMENT OF THE
ISSUE:

In order for the Board of Commissioners of the Richmond Housing Authority to continue conducting virtual meetings and comply with the provisions of the Brown Act it is
necessary for the Board of Commissioners of the
Richmond Housing Authority to make findings verifying
the need for the continuation of virtual meetings.

RECOMMENDED ACTION: ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of
Commissioners of the Richmond Housing Authority
pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

AGENDA
REPORT

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October 18, 2022
DISCUSSION:

Background
Beginning in March of 2020, the Governor issued a series of Executive Orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct their meetings 100% remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021. On September 16, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.

Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.

These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency. ● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.

As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution requires that all meetings of the Board of Commissioners of the Richmond Housing Authority will be held using teleconferencing technology The Board of Commissioners of the Richmond Housing Authority will continue to update the findings every 30 days, in compliance with AB 361.

DOCUMENTS ATTACHED:

Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361

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Reso. No.

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RESOLUTION NO.

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, MAKING FINDINGS

REQUIRING THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS

OF THE BOARD OF COMMISSIONERS OF THE RICHMOND HOUSING
AUTHORITY PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, Assembly Bill (AB) 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, the Board of Commissioners of the Richmond Housing Authority has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and
WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.

WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021, that “strongly recommend” online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any in-person meetings, including six feet of spacing between all in attendance; and WHEREAS, the Board of Commissioners of the Richmond Housing Authority has met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.

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

HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Board of Commissioners of the Richmond Housing Authority finds as follows:

1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVID-19 pandemic. At this meeting the Board of Commissioners of the Richmond Housing Authority has considered the circumstances of the state of emergency; and

2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and

3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:

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Reso. No.

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BE IT FURTHER RESOLVED THAT That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the Board of Commissioners of the Richmond Housing Authority requires the continued use of teleconferencing for the next 30 days for all public meetings of the Board of Commissioners of the Richmond Housing Authority; and
BE IT FURTHER RESOLVED, That all public meetings of the Board of Commissioners of the Richmond Housing Authority conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;
BE IT FURTHER RESOLVED That the Clerk of the Board of Commissioners of the Richmond Housing Authority is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the Board of Commissioners of the Richmond Housing Authority within the next 30 days.
**************************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a regular meeting thereof held on October 18, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Chairperson

[SEAL]
Attest:

Secretary
Approved as to form:

Interim City Attorney

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RHA13Sep2022 – ud/prc

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RICHMOND, CALIFORNIA, September 13, 2022
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority was called to order at 6:41 p.m. by Chair Thomas K. Butt via teleconference.

G. ROLL CALL

Present: Commissioners Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Tenant Commissioner Jaycine Scott. Absent: None.

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Executive Director Nanette Beacham presented a PowerPoint which highlighted the following: Housing Authority of Contra Costa Project-Based Voucher; PHARS Agreement update; and RHA Financial Update.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
None.

M. HOUSING AUTHORITY CONSENT CALENDAR
Ayes (8): Commissioners Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Tenant Commissioner Scott
Passed (8 to 0)
M.1 Richmond Village Memorandum of Understanding (MOU)
ADOPT a resolution approving a Memorandum of Understanding (MOU) by and among the Richmond Housing Authority (RHA), MBA Urban Development Co., a Missouri corporation, Community Housing Development Corporation of North Richmond (CHDC), and MBS Easter Hill Acquisition Partner, LLC, pertaining to the operation of the Easter Hill development phases I and II, and cooperation regarding potential Rental Assistance Demonstration (RAD) Conversions for the developments with a term ending December 31, 2023; and AUTHORIZE the Executive Director to execute the MOU – Richmond Housing Authority (Nannette J. Beacham 510-621-1300).

Adopted Resolution No. 2167

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M.2 Housing Authority Minutes
APPROVE the minutes of the July 19, 26, and August 19, 2022, Richmond Housing Authority special meetings - City Clerk's Office (Pamela Christian 510- 620-6513).

M.3 Nystrom Village Exclusive Right to Negotiate Agreement (ERNA) ADOPT a resolution authorizing the Executive Director of the Richmond Housing Authority (RHA) to execute an Exclusive Right to Negotiate Agreement (ERNA) with McCormack Baron Salazar and Richmond Neighborhood Housing Services; and AUTHORIZE the Executive Director of the RHA to negotiate a Master Development Agreement (MDA), Ground Leases, Disposition and Development Agreements, and any other related documents and agreements necessary for the redevelopment and operation of Nystrom Village – Richmond Housing Authority (Nannette Beacham 510-621-1300).

Adopted Resolution No. 2168
N. ADJOURNMENT
The meeting adjourned at 7:05 p.m.

Pamela Christian, Clerk Thomas K. Butt, Chairperson

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RICHMOND, CALIFORNIA, September 20, 2022
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special meeting was called to order at 6:38 p.m.by Chair Thomas K. Butt via teleconference.

G. ROLL CALL

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
None.

K. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Martinez, seconded by Commissioner McLaughlin.

Ayes (8): Commissioners Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Tenant Commissioner Scott.

Passed (8 to 0)
K.1 Continued use of teleconference technology
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

Adopted Resolution No. 2169
L. ADJOURNMENT
The meeting adjourned at 6:45 p.m.

Pamela Christian, Clerk Thomas K. Butt, Chairperson

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October 18, 2022
City Attorney's Office
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Senior Assistant City Attorney
Subject: Amending the Eviction Moratorium to Allow for Owner Move-ins in Residential Units
FINANCIAL IMPACT: There is no financial impact related to this item.

PREVIOUS COUNCIL
ACTION:

Urgency Ordinance No. 02-21 was adopted by City
Council on March 23, 2021; City Council directed City
staff to prepare amendments to allow for owner move-ins on September 20, 2022.

STATEMENT OF THE
ISSUE:

On September 20, 2022, City Council directed City staff to draft an amendment to the Eviction Moratorium
Urgency Ordinance by the end of October that allows for owner move-ins during the remainder of the moratorium.

RECOMMENDED ACTION: INTRODUCE an ordinance (first reading) amending Urgency Ordinance No. 02-21 entitled “Eviction
Moratorium” to allow for owners of residential rental
property within the City of Richmond to move in during
the remainder of the Eviction Moratorium – City
Attorney’s Office (Dave Aleshire/Shannon Moore 510-
620-6505).

AGENDA
REPORT

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October 18, 2022
DISCUSSION:

Eviction Moratorium
On March 10, 2020, the Director of Emergency Services declared a local emergency and this declaration was affirmed on March 17, 2020, by the City Council (Resolution No. 19-20). The local emergency is still in effect in Richmond and will remain in effect until the City Council votes to end the local emergency. On March 23, 2021, the Richmond City Council enacted Urgency Ordinance No. 02-21, entitled the “Eviction Moratorium.” Key provisions of the Urgency Ordinance are as follows:

During the Local Emergency and continuing for sixty (60) days afterward, a Landlord may not:
(1) Evict a Tenant or require a Tenant to vacate a Residential unit, including by seeking the entry of an eviction judgment or by causing or permitting a writ of possession to be executed; or
(2) Represent to a Tenant that the Tenant is required by law to move out of their unit.

The prohibitions 1-2 above do not apply where the sole grounds for eviction stated in the termination notice are:
(1) A nuisance poses an imminent health or safety threat, (2) the Tenant has failed to pay rent that came due between March 1, 2020, and June, 30, 2021 pursuant to Code of Civil Procedure Section 1161(2), and/or (3) the termination is to remove the residential real property from the rental market, but only when authorized by Government Code section 7060 et seq. and performed consistent with Richmond Rent Board Regulation Chapter 5.

Proposed Amendment
At the September 20, 2022 City Council meeting, Councilmembers McLaughlin and Jimenez brought forth an item directing staff to draft amendments to the Eviction Moratorium to allow for owners of residential rental property within the City of Richmond to move in during the remainder of the Eviction Moratorium. This item was approved by a majority of the City Council. The attached amendments allow for owner move-ins during the remainder of the Eviction Moratorium.

Of note, tenants who are impacted by this change will be afforded relocation payments as outlined in Richmond Municipal Code Chapter 11.102 and should contact the Rent Program for further guidance.

DOCUMENTS ATTACHED:

Attachment 1 – Amendments to Eviction Moratorium (redlines) Attachment 2 – Amendments to Eviction Moratorium (clean)

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Ord. No. 02-21 N.S.

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ORDINANCE NO. ___

ORDINANCE OF THE CITY OF RICHMOND AMENDING URGENCY ORDINANCE NO. 2-21 ENTITLED “EVICTION MORATORIUM” TO ALLOW FOR OWNER MOVE INS
______________________________________________________________________________ WHEREAS, international, state, local health and governmental authorities are responding to an outbreak of a respiratory disease caused by the novel coronavirus named “SARS-CoV-2” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
WHEREAS, COVID-19 is a respiratory disease that has spread across the globe, with 3,600,000 confirmed cases in California,, including 63,493 cases in Contra Costa County as of March 9, 2021; and
WHEREAS, many Richmond residents are experiencing substantial losses of income as a result of business closures, the loss of hours or wages, or layoffs related to COVID-19, hindering their ability to keep up with rent payments; and WHEREAS, many Richmond businesses are suffering economic losses related to COVID-19, in particular since the March 16, 2020 Shelter in Place Order and extensions thereof; and
WHEREAS, those residents financially impacted due to COVID-19 may not be able to make timely rent payments or may be forced to choose between making rent payments and having sufficient funds for food, medical care or other necessities for themselves and their families; and
WHEREAS, without sufficient and long-term eviction protections, many tenants “selfevict” and move out even without adequate replacement housing, rather than face future legal eviction that could impact their ability to find new housing; and WHEREAS, tenants who are forced to move out of their housing without adequate replacement housing may move into overcrowded living situations or become homeless; and WHEREAS, many Landlords charge late fees which can operate as unfair penalties if a tenant is unable to pay rent due to reasons related to COVID-19; and WHEREAS, because homelessness can exacerbate vulnerability to COVID-19, it is necessary to take measures to preserve and increase housing security for Richmond residents; and
WHEREAS, during this current state of emergency, and in the interest of protecting the public health and preventing transmission of the COVID-19, it is essential to avoid unnecessary displacement and homelessness; and
WHEREAS, an emergency ordinance restricting evictions during the COVID-19 crisis provides even greater eviction protections to Richmond tenants than the protections currently in place and helps to ensure that residents stay safely housed during the pandemic, thereby reducing opportunities for further transmission of the virus; and WHEREAS, on March 17, 2020, the City Manager, in her role as the Director of Emergency Services, proclaimed the existence of a local emergency pursuant to Chapter 2.20 of the Richmond Municipal Code to ensure the availability of mutual aid and assist the City's response to COVID-19, which was approved by Council through Resolution 18-20; and WHEREAS, on March 17, 2020, the Director of Emergency Services also issued a First Supplemental Order (Resolution 20-20) by declaring a temporary moratorium on no-fault

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evictions and non-payment of rent by residential tenants impacted by COVID-19, which was approved by City Council on April 7, 2020; and
WHEREAS, on April 27, 2020, the Director of Emergency Services issued a Second Supplemental Order (Resolution 34-20) that extended the prohibition on certain types of evictions to commercial tenants and also prohibited rent increases on residential properties through May 31, 2020 or any extension provided by the Director of Emergency Services based on the existence of a continuing City or County local emergency or shelter-in-place order; and
WHEREAS, on May 5, 2020, the Richmond City Council ratified the Director of Emergency Services’ Second Supplemental Order (Resolution No. 41-20) that added protections for commercial properties for evictions and freezes residential rent increases through May 31, 2020 or to a date as determined by the Director of Emergency Services if Contra Costa County’s Urgency Ordinance No. 2020-14 was extended; and WHEREAS, on May 26, 2020, the Board of Supervisors passed Urgency Ordinance No. 2020-16 that continued an eviction moratorium for residential properties through July 15, 2020. The Urgency Ordinance also continued a temporary rent freeze for certain residential properties through July 15, 2020; and WHEREAS, on May 19, 2020, the Richmond City Council adopted Resolution No. 44-20, which amended Resolution No. 41-20 by extending the grace period to pay back rent for residential and commercial tenants financially impacted by COVID-19 to up to twelve months after the expiration of the Second Supplemental Order or any subsequent orders; and
WHEREAS, on May 26, 2020, the Director of Emergency Services for the City of Richmond advised the City of Richmond City Council that she would extend the timelines in Resolution 44-20 to July 15, 2020 per the City Council’s prior authorization that the Director of Emergency Services do so should Contra Costa County extend Urgency Ordinance No. 20-14; and
WHEREAS, on May 29, 2020, the Director of Emergency Services for the City of Richmond issued a Third Supplemental Order (Resolution No. 46-20) which extended timelines to July 15, 2020 and any subsequent extensions authorized by the Director of Emergency Services for certain eviction issues related to COVID-19; and WHEREAS, on September 29, 2020, the Contra Costa County Board of Supervisors passed Urgency Ordinance No. 2020-26, which authorizes a temporary prohibition on evictions of certain residential tenants impacted by the COVID-19 pandemic. The Ordinance superseded Ordinance No. 2020-25 and provided additional eviction protections for certain residential tenants through January 31, 2021, including all Richmond residential tenants; and
WHEREAS, on September 30, 2020, the City of Richmond’s Third Supplemental Order lapsed and Contra Costa County’s Urgency Ordinance 2020-26 applied to all Richmond tenants and landlords. This Urgency Ordinance provided certain eviction protections to residential tenants by extending the moratorium on certain residential evictions through January 31, 2021; and
WHEREAS, on November 16, 2020, Governor Gavin Newsom announced that California was experiencing its fastest increase in COVID-19 cases to date; and WHEREAS, on December 3, 2020 and December 6, 2020, Governor Gavin Newsom signed regional stay-at-home orders that further expanded local shelter in place orders in regions where intensive care unit (ICU) capacity dropped below fifteen percent; and WHEREAS, on February 2, 2021, the Contra Costa County Board of Supervisors passed Urgency Ordinance No. 2021-04, which extends a temporary eviction moratorium on certain residential tenants and a moratorium on certain residential rent increases through June 30, 2021 and is retroactive to February 1, 2021; and

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WHEREAS, as of February 5, 2021, due to its COVID-19 case rate and positivity rate, Contra Costa County was restricted to the “purple” tier of the California Blueprint for a Safer Economy, the most restrictive statewide tier of COVID-19 restrictions; and WHEREAS, on August 31, 2020, Governor Gavin Newsom signed into law Assembly Bill 3088, the COVID-19 Tenant Relief Act of 2020 (the Act). The Act extends eviction protections for residential tenants, including mobile home tenants, who are experiencing financial hardship related to COVID-19; and
WHEREAS, the Act, codified in Code of Civil Procedure sections 1179.01 through 1179.07, prohibits residential tenants from being evicted for failure to pay rent because of a COVID-19 related hardship occurring between March 1 and August 31, 2020, as long as the tenant provides the landlord with a written declaration of hardship. Under the Act, residential tenants who experience a new COVID-19-related hardship between September 1, 2020 and January 21, 2021, were also protected from eviction for nonpayment of rent through this date as long as they paid 25 percent of the rent due by January 31, 2021; and WHEREAS, Senate Bill 91 extended these protections of the Act through June 30, 2021; and
WHEREAS, the Act only regulates rent-related evictions and leaves certain residential tenants unprotected from eviction, such as tenants who were unable to pay rent before the COVID-19 pandemic and tenants who are facing eviction for certain reasons other than nonpayment of rent; and
WHEREAS, the Contra Costa Superior Court continues to process new eviction filings, hold hearings on existing eviction cases, and enter eviction judgments during the City’s Local Emergency due to COVID-19; and
WHEREAS, following the entry of such judgments, the Contra Costa Sheriff’s Department has continued to physically evict tenants from their homes during the COVID-19 emergency; and
WHEREAS, a January 27, 2021 article from KQED reported that from March 19, 2020 to December 31, 2021, Contra Costa County had the second-highest number of sheriff evictions during the COVID-19 pandemic out of the nine Bay Area Counties and had more than fifteen times the number of evictions of Alameda County; and
WHEREAS, the January 27, 2021 KQED article also reported that from March 19, 2020 to December 31, 2021, 22 residential evictions took place in Richmond and 135 took place in Costa County, while during that same time period only 4 residential evictions occurred in Oakland and only 8 total throughout Alameda County; and WHEREAS, the January 27, 2021 KQED article highlighted that from March 19, 2020 to December 31, 2021, Richmond had 28 times more evictions than Oakland, with 118.2 evictions per 100,000 rental households in Richmond and only 4.2 evictions per 100,000 rental households in Oakland; and
WHEREAS, from April 2020 through January 2021, Richmond tenants have received 249 Notices of Termination for nonpayment of rent, 39 Notices of Termination based on breach of lease, 36 Notices of Termination based on nuisance and 8 Notices of Termination for owner move-ins; and
WHEREAS, the January 27, 2021 KQED article also reported that from March 19, 2020 to December 31, 2021, Black residential renters in the Bay Area were evicted at double the rate of other renters; and

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WHEREAS, in Contra Costa County, African American and Latino residents have been disproportionately impacted by the COVID-19 pandemic, and according to the Contra Costa County Health Department, the County’s African American and Latino residents have contracted COVID-19 at a higher rate than other racial and ethnic groups; and WHEREAS, there is an urgent need for the City to temporarily prohibit certain residential evictions to prevent an increase in the number of unhoused Richmond residents and to avoid a further increase in COVID-19 rates due to residential tenants who lack housing; and WHEREAS, this Urgency Ordinance will serve justice and promote racial and ethnic equity for African American and Latino renters who are otherwise more likely to be evicted and/or contract COVID-19; and
WHEREAS, the California Constitution, Article XI, Section 7, provides cities with the authority to enact ordinances to protect the health, safety and general welfare of their citizens; and
WHEREAS, Government Code Section 8550, the California Emergency Services Act, authorizes the governing bodies of cities, towns, and counties in the state of California to declare a state of emergency in order to “mitigate the effects of natural, manmade, or war-caused emergencies that result in conditions of disaster or in extreme peril to life, property, and the resources of the state, and generally to protect the health and safety and preserve the lives and property of the people”; and
WHEREAS, additionally, pursuant to Richmond Municipal Code Section 2.08.010, the City Council may introduce and adopt an emergency ordinance at the same meeting in cases of emergency; and
WHEREAS, an urgency ordinance that is effective immediately is necessary to avoid the immediate threat to public peace, health, and safety as failure to adopt this urgency ordinance would result in the avoidable displacement of Richmond residents from their homes or increase the City’s residents and community members exposure to COVID-19; and WHEREAS, it is deleterious to human life and society at large to allow the displacement of Richmond tenants during the pendency of the of the City’s local emergency and 60 days thereafter and it is within the Council’s basic police powers to implement and enforce this ordinance; and
WHEREAS, even after the State, County and City lift their states of emergency and other regulations are lifted, Richmond tenants will still need temporary additional protections from evictions because of the magnitude of their financial losses sustained as a result of the COVID-19 pandemic; and
WHEREAS, Urgency Ordinance No. 02-21 “Eviction Moratorium” was enacted on March 23, 2021, which prevents landlords from moving into residential units occupied by tenants during the period the urgency ordinance is in effect except when: (1) a nuisance poses an imminent health or safety threat, (2) the tenant has failed to pay rent that came due between March 1, 2020 and June, 30, 2021 pursuant to Code of Civil Procedure Section 1161(2), and/or (3) the termination is to remove the residential real property from the rental market, but only when authorized by Government Code section 7060 et seq. and performed consistent with Richmond Rent Board Regulation Chapter 5; and
WHEREAS, several landlords have approached the City and expressed the need to move into residential units primarily for health-related reasons; and WHEREAS, on September 20, 2022, City Council directed staff to prepare amendments to the Eviction Moratorium to allow for owners to terminate a tenancy when the owner wants to move in to the residential unit; and

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WHEREAS, if a landlord chooses to move into a residential unit, the existing tenant will be afforded permanent relocation payments in accordance Richmond Municipal Code section

11.102 entitled “Relocation Requirements for Tenants.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND DOES ORDAIN AS FOLLOWS:

SECTION I.

Ordinance No. 02-21 entitled “Eviction Moratorium” is hereby amended as follows (strikeout text indicates deletion; underline text indicates insertion):

SECTION 2. Recitals. The City Council finds the foregoing recitals to be true and correct and hereby incorporates such findings into this ordinance.

SECTION 3. Purpose and Intent. The purpose and intent of this ordinance is to prevent displacement, reduce the transmission of COVID-19, respond adequately to the local emergency declared by the City of Richmond due to COVID-19, and to promote the stability and the health and safety of residential tenants.

SECTION 4. Definitions.
"Landlord" includes owners, lessors, or sublessors of residential rental property, and the agent, representative, or successor of any of the foregoing.
“Local Emergency” includes any period of local emergency declared by the City of Richmond in response to the COVID-19 pandemic.
“Residential unit” is a unit that is occupied by a tenant as their place of residence, including but not limited to apartments, houses, rooms, and residential hotels. A unit is considered a residential unit if it is used for residential occupation regardless of its permitting status. "Tenant" includes a tenant, subtenant, lessee, sublessee, or any other person entitled to use or occupancy of residential property, including occupants who are holding over after the expiration of the term of a written or oral lease and current occupants who occupied the property with the current or prior consent of the property’s landlord or a prior owner. This shall also include a prior homeowner residing in a residential unit post-foreclosure.

SECTION 5. Residential Eviction Moratorium.
(A) During the Local Emergency and continuing for sixty (60) days afterward, except as set forth in subsections (B) and (C) below, no Landlord may lawfully engage in any of the following behaviors with respect to a Tenant of a Residential unit:
(1) Evict a Tenant or require a Tenant to vacate a Residential unit, including by seeking the entry of an eviction judgment or by causing or permitting a writ of possession to be executed. This section does not apply to any writ of possession that was entered before this Ordinance took effect; or
(2) Represent to a Tenant that the Tenant is required by law to move out of their unit. (B) Nothing in subsection (A) above shall limit a Landlord from using the procedures outlined in Code of Civil Procedure sections 1179.01 through 1179.07 and any subsequent state statute regarding evictions related to a Tenant’s failure to pay rent. (C) The prohibitions set forth in subsection (A)(1-2) above do not apply where the sole grounds for eviction stated in the termination notice are: (1) A nuisance poses an imminent health or safety threat, (2) the Tenant has failed to pay rent that came due between March 1, 2020 and June, 30, 2021 pursuant to Code of Civil Procedure Section 1161(2), (3) the termination is to remove the residential real property from the rental market, but only when authorized by Government Code

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section 7060 et seq. and performed consistent with Richmond Rent Board Regulation Chapter 5, or (4) the owner intends to occupy the residential real property. (D) A nuisance that creates an imminent health and safety threat within the meaning of subsection (C)(1) above cannot be the Tenant’s COVID-19-related illness or exposure to COVID-19, whether actual or suspected.
(E) Nothing in this section shall be construed to reduce or eliminate a Landlord’s duty to make reasonable accommodations for those with disabilities, including any duty to reinstate a terminated tenancy for failing to provide such reasonable accommodations. (F) To the extent state law affords greater protections to Tenants than this Section 4, those state law provisions shall apply rather than the provisions of this Section 4. Nothing in this section shall be construed to supersede any applicable requirements in Civil Code section 1946.2 pertaining to Tenant relocation assistance or rent waiver. (G) Notice Requirements.
(1) Except as set forth in subsection G(2) below, any notice of termination of tenancy served on a tenant with respect to a Residential unit during the Local Emergency and sixty (60) days afterward shall include the following statement in bold underlined 12-point font: “An Emergency Eviction Moratorium is currently in effect. Other than for failure to pay rent, an imminent health or safety threat, to remove the residential real property from the rental market, but only when authorized by Government Code section 7060 et seq., or when termination is necessary where the owner intends to occupy the residential real property, residential evictions are restricted during the Local COVID-19 Emergency declared by the City of Richmond. Residential tenants who are being evicted for failure to pay rent may have additional protections under California law. You may contact the Richmond Rent Program at (510) 234-RENT (7368) for additional information and referrals or visit www.richmondrent.org.”
(2) The requirement of subsection (G)(1) shall not apply in cases of eviction for nonpayment of rent that came due between March 1, 2020 and June, 30, 2021.

SECTION 6. Additional Notice Requirements and Eviction Protections.

Obligatory notice statements required by this ordinance shall be written in all languages that the Landlord and/or the Landlord’s agents normally use for verbal communications with the Tenant as well as the language in which the lease or agreement was originally negotiated.

SECTION 7. No Waiver of Rights.

Any agreement to waive any rights under this ordinance, including a stipulation, settlement agreement, or lease agreement, shall be void as contrary to public policy.

SECTION 8. Remedies.
(A) In any action brought to recover possession of a Residential unit where the notice of termination was served during the Local Emergency or sixty (60) days after, a Landlord must allege and prove strict compliance with Section (4) and Section (5) of this Ordinance. Failure to do so shall result in the Landlord having failed to establish its prima facie case. (B) Failure to strictly comply with any section of this Ordinance, including but not limited to Section (4), may be asserted as an affirmative defense in any action brought to recover possession of a Residential unit where the notice of termination was served during the Local Emergency or sixty (60) days after.
(C) In the event of a violation of this Ordinance, an aggrieved Tenant may institute a civil proceeding for injunctive relief, money damages of not less than three times actual damages

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(including damages for mental or emotional distress as specified below), and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award shall only be trebled if the trier of fact finds that the Landlord acted in knowing violation of or in reckless disregard of this ordinance. An aggrieved tenant who prevails shall be entitled to reasonable attorney's fees and costs pursuant to order of the court. The remedy available under this section shall be in addition to any other existing remedies which may be available to the Tenant under local, state or federal law.

SECTION 9. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter.

The City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

First introduced and adopted at a regular meeting of the City Council of the City of Richmond held ______, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
______________________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
______________________
Mayor
Approved as to form:
______________________
City Attorney

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Ord. No. 02-21 N.S.

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ORDINANCE NO. ___

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WHEREAS, if a landlord chooses to move into a residential unit, the existing tenant will be afforded permanent relocation payments in accordance Richmond Municipal Code section

11.102 entitled “Relocation Requirements for Tenants.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND DOES ORDAIN AS FOLLOWS:

SECTION I.

Ordinance No. 02-21 entitled “Eviction Moratorium” is hereby amended as follows (strikeout text indicates deletion; underline text indicates insertion):

SECTION 2. Recitals. The City Council finds the foregoing recitals to be true and correct and hereby incorporates such findings into this ordinance.

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section 7060 et seq. and performed consistent with Richmond Rent Board Regulation Chapter 5, or (4) the owner intends to occupy the residential real property. (D) A nuisance that creates an imminent health and safety threat within the meaning of subsection (C)(1) above cannot be the Tenant’s COVID-19-related illness or exposure to COVID-19, whether actual or suspected.
(E) Nothing in this section shall be construed to reduce or eliminate a Landlord’s duty to make reasonable accommodations for those with disabilities, including any duty to reinstate a terminated tenancy for failing to provide such reasonable accommodations. (F) To the extent state law affords greater protections to Tenants than this Section 4, those state law provisions shall apply rather than the provisions of this Section 4. Nothing in this section shall be construed to supersede any applicable requirements in Civil Code section 1946.2 pertaining to Tenant relocation assistance or rent waiver. (G) Notice Requirements.
(1) Except as set forth in subsection G(2) below, any notice of termination of tenancy served on a tenant with respect to a Residential unit during the Local Emergency and sixty (60) days afterward shall include the following statement in bold underlined 12-point font: “An Emergency Eviction Moratorium is currently in effect. Other than for failure to pay rent, an imminent health or safety threat ,or to remove the residential real property from the rental market, but only when authorized by Government Code section 7060 et seq., or when termination is necessary where the owner intends to occupy the residential real property, residential evictions are restricted during the Local COVID-19 Emergency declared by the City of Richmond. Residential tenants who are being evicted for failure to pay rent may have additional protections under California law. You may contact the Richmond Rent Program at (510) 234-RENT (7368) for additional information and referrals or visit www.richmondrent.org.”
(2) The requirement of subsection (G)(1) shall not apply in cases of eviction for nonpayment of rent that came due between March 1, 2020 and June, 30, 2021.

SECTION 6. Additional Notice Requirements and Eviction Protections.

SECTION 7. No Waiver of Rights.

Any agreement to waive any rights under this ordinance, including a stipulation, settlement agreement, or lease agreement, shall be void as contrary to public policy.

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First introduced and adopted at a regular meeting of the City Council of the City of Richmond held ______, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
______________________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
______________________
Mayor
Approved as to form:
______________________
City Attorney

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October 18, 2022
City Clerk's Office
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Pamela Christian, City Clerk
Subject: Continued Use of Teleconferencing
FINANCIAL IMPACT: There is no additional financial impact.

PREVIOUS COUNCIL
ACTION:

December 21, 2021, January 18, 2022, February 15,
2022, March 15, 2022, April 19, 2022, June 21, 2022, July 19, 2022, August 19, 2022, September 20, 2022

STATEMENT OF THE
ISSUE:

In order for the City Council to continue conducting virtual meetings and comply with the provisions of the Brown
Act, it is necessary for the City Council to make findings verifying the need for the continuation of virtual meetings.

RECOMMENDED ACTION: ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

AGENDA
REPORT

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October 18, 2022
DISCUSSION:

Background
Beginning in March of 2020, the Governor issued a series of executive orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct its meetings one hundred percent remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021.

On September 15, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.

Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.

These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.
● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.

As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. The city will continue to update the findings every 30 days, in compliance with AB 361.

DOCUMENTS ATTACHED:

Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of AB 361

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Reso. No.

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RESOLUTION NO.

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,

MAKING FINDINGS REQUIRING THE CONTINUED USE OF

TELECONFERENCING FOR MEETINGS OF ALL CITY OF RICHMOND
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361 WHEREAS, in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, AB 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, on behalf of all legislative bodies of the City of Richmond that are subject to the Brown Act, the Richmond City Council has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.

WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021 that “strongly recommend” online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any inperson meetings, including six feet of spacing between all in attendance; and WHEREAS, the City Council and all other legislative bodies of the City of Richmond have met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.

NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Richmond finds as follows:

1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVID-19 pandemic. At this meeting the Richmond City Council has considered the circumstances of the state of emergency; and

2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and

BE IT FURTHER RESOLVED That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the City of Richmond requires the continued use of teleconferencing for the next 30 days for all public meetings of the Richmond City Council and all City of Richmond boards, commissions, committees and subcommittees subject to the Brown Act; and

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BE IT FURTHER RESOLVED, That all City public meetings subject to the Brown Act conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and; BE IT FURTHER RESOLVED That the City Clerk is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the City Council within the next 30 days.
*********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held October 18, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

Interim City Attorney

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RICHMOND, CALIFORNIA,
October 4, 2022, 5:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 5:00 p.m. by Mayor Thomas K. Butt via teleconference.

B. ROLL CALL

Present: Councilmembers Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates and Melvin Willis arrived after roll was called.

C. CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Jaclyn Gross and Sharrone Taylor Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 12th and Macdonald
Agency negotiators: Dave Aleshire, Lina Velasco, and Jesus Morales Negotiating parties: SAA-EVI Richmond Partners, LLC
Under negotiation: Price and terms of payment
 Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment

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C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Morais v. City of Richmond
 Richmond Shoreline Alliance v. City of Richmond
C.4 CONFERENCE WITH LEGALCOUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  Two cases:

In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching two letters to this agenda. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).

D. PUBLIC COMMENT BEFORE CLOSED SESSION
Andrew Domenici, Sergeant Melgoza, Joe England, Michael Caine, A. Alvarado, Donald Patchin, Michael, Jason Mallari, Donovan Decious, Florencio Rivera, Riley Santiago, Elizabeth Bashan, Daniel Reina, Tom Tran, Don Nelson, Officer Tagorda, Brandon Hodges, Ben Therriault, Chase Fuller, Khoa Nguyen, and Sergeant Llamas urged the city council to ratify the Richmond Police Officer's Association contract that was approved by the membership by a unanimous vote.

Yvette Williams, John Varga, Johnny Hill, and Shane Johnson gave comments in favor of the immediate implementation of the city's Class and Compensation Study.

Sally Tobin spoke in favor of well-designed affordable housing located near transit and infrastructure in Richmond.

E. ADJOURN TO CLOSED SESSION
The meeting adjourned at 5:38 p.m. Closed Session adjourned at 7:32 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order at 7:35 p.m. by Mayor Thomas K. Butt via teleconference.

G. ROLL CALL

Present: Councilmembers Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent:

Councilmember Nathaniel Bates arrived after roll call.

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item O.7.a. - Military Equipment Use Policy was moved from the Consent Calendar to the first item under New Business.

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K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
City Attorney Dave Aleshire reported the following:

C.1. Conference with Labor Negotiators
C.1.1. - SEIU Local 1021 - A motion was made and approved to implement the Classification and Compensation Study. Mayor Butt opposed.

C.1.3 - Richmond Police Officers Association - Direction was given to staff to finalize the M.O.U. and bring it back to the city council for approval. The vote was 6-1 with Vice Mayor Martinez voting no.

C.1.4. - Richmond Police Management Association RPMA, C.1.5,- IAFF Local 188, C.1.6. - Richmond Fire Management Association RFMA - were continued for further negotiations
C.2. - Conference with Real Property Negotiator - Not discussed.

C.3. - Conference with Legal Counsel - Existing Litigation - Morais v. City of Richmond - City Attorney was given direction to develop a settlement agreement; Richmond Shoreline Alliance v. City of Richmond - not discussed.

C.4. Conference with Legal Counsel - Anticipated Litigation - Direction was given to proceed with negotiations and bring the action back to the city council for approval.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
No report.

M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
No report.

N. OPEN FORUM FOR PUBLIC COMMENT
Craig Murray spoke in support of the implementation of the results of the city's Classification and Compensation Study.

Steven Robinson gave comments regarding several vehicles that were broken into in his neighborhood and encouraged the hiring of more police officers to patrol his neighborhood.

Yenny Garcia invited the community to participate in the Men Who Cook Event on Saturday, October 16, 2022, at the Richmond Auditorium.

Alix Mazuet gave comments about rising housing costs.

Councilmember Nathaniel Bates congratulated Betty Reid-Soskin on her 102nd birthday.

He also stated that there was a 6-1 vote in Closed Session regarding the ratification of the Richmond Police Officers Association’s contract with Vice Mayor Eduardo Martinez voting no.

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O. CITY COUNCIL CONSENT CALENDAR
A motion was made by Councilmember Demnlus Johnson III, seconded by Councilmember Melvin Willis to approve the Consent Calendar. Ayes (7):

Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt Passed (7 to 0)
O.1 City Clerk's Office
O.1.a City Council Meeting Minutes
APPROVE the minutes of the September 13 and 20, 2022, Richmond City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).

O.2 City Manager's Office
O.2.a Dock Maintenance at Point Potrero Marine Terminal APPROVE an agreement with QA Constructors, Inc., in an amount not to exceed $64,000, to complete general pavement repairs at the Point Potrero Marine Terminal – Port Department (Shasa Curl/Lizeht Zepeda 510-620- 6653).

O.3 Finance Department
O.3.a Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of August 2022
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of August 2022 – Finance Department (Delmy Cuellar 510-620-6740).

O.4 Human Resources
O.4.a Resolution Amending City's Salary Schedule And Position Control ADOPT a resolution amending the salary schedule to revise the salary ranges for Communications Dispatcher I/II, Engineer I/II, Associate Civil Engineer, and Senior Civil Engineer; AMEND authorized staffing (i.e., position control) to add two (2) Parking Enforcement Representatives to the Police Department; and APPROPRIATE funds for associated wages, salaries, and compensation for two (2) Parking Enforcement Representatives positions – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Adopted Resolution No. 130-22
O.5 Library and Community Services
O.5.a California State Library Building Forward: Library Infrastructure Program Grant Award of $9,712,979
ADOPT a resolution to ACCEPT and APPROPRIATE the California State Library Building Forward: Library Infrastructure Program grant award of $9,712,979 to significantly renovate the Richmond Main Library; APPROPRIATE matching funds in the amount of $3,656,490 in American Rescue Plan Act funds, $700,000 from Library Impact Fees,

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and $500,000 from the Capital Improvement Program budget; and AUTHORIZE the city manager or designee to execute the Grant Agreement and other documents necessary to achieve the purpose of this grant award – Library and Community Services Department (LaShonda White/Diana Lopez/Christopher Larsen 510-620-5524).

Adopted Resolution No. 131-22
O.5.b California State Library Grant Awards for Adult Learner Educational Programming and Family Literacy Programming
ADOPT a resolution to ACCEPT and APPROPRIATE California State Library grants, in the amounts of $97,554 and $34,194, for a total award of $131,748, to support educational programming offered at the library’s literacy services program, Literacy for Every Adult Program – Library and Community Services Department (Diana Lopez 510-620-5452/Abigail Sims-Evelyn 510-307-8084).

Adopted Resolution No. 132-22
O.5.c California State Library Grant Award to Support Literacy For Every Adult Program’s English as a Second Language Program
ADOPT a resolution to ACCEPT and APPROPRIATE a California State Library grant, in the amount of $54,300, to support English as a Second Language educational programming offered at the library’s literacy services program, Literacy for Every Adult Program (LEAP) – Library and Community Services Department (Diana Lopez 510-620-5452/Abigail Sims-Evelyn 510-307-8084).

Adopted Resolution No. 133-22
O.5.d Update of Language Currently in Resolution 141-00 ADOPT a resolution to amend Resolution 141-00 to replace “Workforce Investment Board” with “Workforce Development Board”, and “Employment and Training Director” with “City Manager or their designee”, to allow the Employment and Training division to remain eligible to receive workforce development funds from the State of California – Library and Community Services Department (LaShonda White/Tamara Walker 510-307-8006).

Adopted Resolution No. 134-22
O.6 Mayor's Office
O.6.a California Clean Air Day – October 5, 2022
PROCLAMATION declaring October 5, 2022, as California Clean Air Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620- 6503).

O.6.b Arbor Day – October 15, 2022
PROCLAMATION declaring October 15, 2022, as Arbor Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).

O.6.c Hispanic Heritage Month - September 15 – October 15, 2022

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PROCLAMATION declaring September 15 – October 15, 2022, as Hispanic Heritage Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).

O.7 Police Department
O.7.a Proposed Contract to Continue Services with the Children’s Interview Center (CIC)
APPROVE a five-year, sole-source contract for Children’s Interview Center (CIC) services to support forensic interviews of children victimized by sexual or physical abuse, and/or who have been severely neglected for the period July 1, 2021, to June 30, 2026, with the Children Interview Center (CIC), in a total amount not to exceed $75,000 - Police Department (Chief Bisa French 510-621-1802).

O.7.b Ordinance to Approve a Military Equipment Use Policy. (This item was heard as the first item under Q. New Business) INTRODUCE an ordinance (first reading) pursuant to state law (Assembly Bill 481) to approve Richmond Police Department Policy 707 - Military Equipment Use Policy - Police Department (Chief Bisa French 510-621-1802).

Police Chief Bisa French gave an overview of the matter. Lt. John Lopez and Master Officer Alex Caine presented a PowerPoint which highlighted the following: What is Assembly Bill 481; How AB 481 defines Military Equipment; Purpose of the Equipment; Richmond Police Department's Equipment Inventory; and How does AB 481 affect the City of Richmond; Arrests & Possession of Firearms; Weapons Seized; and Richmond Police Department's Equipment Inventory. Discussion ensued. The following individuals gave comments via teleconference: Julie Freestone, Mark Wassberg, Wendy Alfsen, Roberta Spieckerman, Don Gosney, David Cassity, Deborah Smalls, Yenny Garcia, Sara Cantor, Marisol Cantu, Emily Ross, Raymond Wendell, and Benjamin Therriault. Further discussion ensued.

A motion by Councilmember Claudia Jimenez, seconded by
Councilmember Gayle McLaughlin, directed staff to return to the city council with the ordinance and include the following changes: (1) Assault Rifles: use the language in Section (a) to be "where there is objectively reasonable anticipation of an armed encounter" instead of (a) “ where the officer reasonably anticipates an armed encounter" and (2) Weapon Categories authorizing unlimited use: Be more specific about the authorized uses of the robots, breaching shotguns, flashbangs, "less lethal" making the authorized uses match the purpose and adding into the "uses" section that all use of less lethal must be for distraction purposes only.

Ayes (5): Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, and Vice Mayor Eduardo Martinez
Noes (2): Councilmember Nathaniel Bates and Mayor Thomas K. Butt Passed (5 to 2)

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Substitute Motion to approve the item as presented.

Ayes (2): Councilmember Nathaniel Bates and Mayor Thomas K. Butt Abstentions (5): Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin,
Councilmember Melvin Willis, and Vice Mayor Eduardo Martinez Failed (2 to 0)
O.8 Public Works
O.8.a ECIA Urban Greening Budget Amendment
ADOPT a resolution to APPROPRIATE the Environmental and Community Investment Agreement (ECIA) Urban Greening budget in the amount of $100,000 using the fund balance - Public Works Department (Greg Hardesty 510-620-6920).

Adopted Resolution No. 135-22
O.8.b Authorize Sole-Source purchase of two Trane heater units for Developing Personal Resources Center (DPRC).

APPROVE the purchase of two Trane heater units from Specialty A/C Products, Inc. to replace two malfunctioning units, in an amount not to exceed $33,520 – Public Works Department (Jose Urquilla 510-620- 5478).

O.8.c City Council Chairs Reupholstery
APPROVE a contract with O&R Auto Upholstery to reupholster 47 City Council chairs, in an amount not to exceed $14,766.25, with a term beginning October 5, 2022, and ending June 30, 2023 – Public Works Department (Jose Urquilla 510-620-5478).

O.8.d Accept and Appropriate Grant funds for the Point Molate Bay Trail ADOPT a resolution to ACCEPT and APPROPRIATE $150,000 in San Francisco Bay Trail funds, from the Association of Bay Area Governments (ABAG), for construction of the Point Molate Bay Trail Project – Public Works Department (Yader Bermudez 510-774-6300).

Adopted Resolution No. 136-22
P. PUBLIC HEARINGS
P.1 General Plan Amendment, Rezoning, Density Bonus for Waivers, and Design Review for a 135-unit mixed-use affordable and supportive housing development
City Clerk Pamela Christian announced that pursuant to public notice that it was time to hold a public hearing to ADOPT a resolution approving an Addendum to the General Plan Final Environmental Impact Report (EIR), approving a General Plan Amendment to modify the land use classification from Public, Cultural, and Institutional to Medium Intensity Mixed Use (Commercial Emphasis), Design Review, and Density Bonus for the purposed of obtaining waivers; and INTRODUCE an ordinance (first reading) approving a Zoning Map Amendment to rezone the from PCI, Public, Cultural, and Institutional to CM-3, Commercial

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Mixed-Use a 2.84 acre site at 100 38th Street for a mixed-use 135-unit affordable and supportive housing development – Community Development Department (Lina Velasco 510-620-6706).

Senior Planner Hector Lopez presented a PowerPoint which highlighted the following: Project Site location and Overview; Project Approvals Requested; General Plan Amendment; Density Bonus Waivers; Design Review Board and Planning Commission Recommendations; and Environmental Review. Matt Schreiber, Eden Housing and Contra Costa County Supervisor John Gioia presented a PowerPoint that highlighted the following: Partnership with Community Housing Development Center (CHDC); 100 38th Street Project; Development Overview; 135 New Affordable Housing Units; Unit Mix; Enhanced Area Services; Mayor Butt declared the public hearing open. Don Gilmore and Julie Freestone gave comments via teleconference. Mayor Butt closed the public hearing. Discussion ensued.

A motion was made by Councilmember Gayle McLaughlin, seconded by Councilmember Melvin Willis to approve the item.

Q. NEW BUSINESS
Q.1 Appointment of a Retired Annuitant to Perform Extra Help/Special Project Law Enforcement Services in the Police Department.

APPROVE the appointment of Louie Tirona as a retired annuitant for a limited term, extra help/special project role not to exceed one (1) year or 960 hours, whichever comes first – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

A motion was made by Councilmember Nathaniel Bates, seconded by Councilmember Demnlus Johnson III to approve the item.

Ayes (7): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt
Passed (7 to 0)
Q.2 Develop a Strategy to Prevent Richmond from Becoming a Location for Homeless Encampments as Encampments in Neighboring Cities are being Evacuated
DIRECT City staff to immediately prepare an emergency action plan to avoid the City of Richmond from becoming a destination for homeless encampments and dumping grounds – Councilmember Nathaniel Bates (510-620-6743)

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Councilmember Bates gave an overview of the matter. Discussion ensued. Mark Wassberg and Deborah Smalls gave comments via teleconference.

Councilmember Bates requested information regarding the amount of funds expended to date to relocate residents from Rydin Road and Castro encampments and what the cities of Pinole and Hercules had done to prevent unhoused individuals in its cities.

A motion was made by Councilmember Nathaniel Bates, seconded by Councilmember Demnlus Johnson III, to approve the item and prepare an emergency action plan.

Ayes (3): Councilmember Nathaniel Bates, Councilmember Demnlus Johnson III, and Mayor Thomas K. Butt
Noes (4): Councilmember Claudia Jimenez, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, and Vice Mayor Eduardo Martinez Failed (3 to 4)
A substitute motion was made by Councilmember Gayle McLaughlin, seconded by Councilmember Claudia Jimenez to direct staff to: (1) include in the Homeless Strategic Plan that we will create regional collaborations; (2 follow the law in terms of offering shelter to those without any, rather than sweeping an area; and (3) update the city website with metrics and all the current accomplishments and plans underway to address the needs of our unhoused community members.

Ayes (4): Councilmember Claudia Jimenez, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, and Vice Mayor Eduardo Martinez.

Noes (2): Councilmember Nathaniel Bates and Mayor Thomas K. Butt.

Abstain (1): Councilmember Demnlus Johnson III.

Passed (4 to 3)
R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Mayor Butt stated he and Councilmember Johnson III were traveling to Shimada, Japan tomorrow to attend the 2022 Obi Matsuri Festival.

S. ADJOURNMENT
There being no further business, the meeting adjourned at 10:55 p.m. in memory of Ms.

Delphi, to meet again on October 18, 2022.

Clerk of the City of Richmond Mayor

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October 18, 2022
City Council
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Councilmember Gayle McLaughlin
SUBJECT: National Infrastructure Bank, H.R. 3339
FINANCIAL IMPACT: There is no financial impact to adopting this resolution

PREVIOUS COUNCIL
ACTION:

No previous action was taken in Richmond on this
Congressional bill.

STATEMENT OF THE
ISSUE:

This item urges Congress to support legislation (H.R.
3339) to form a National Infrastructure Bank to
complement and work with the Bipartisan Infrastructure
Law and the Inflation Reduction Act.

RECOMMENDED ACTION: ADOPT a resolution urging Congress to enact National Infrastructure Bank Legislation (H.R.3339) to finance
urgently needed infrastructure projects throughout the
U.S. – Councilmember Gayle McLaughlin (510-620-
6636).

DISCUSSION:

This item urges the Richmond City Council to support HR 3339. This bill was introduced by Congressman Danny Davis and now has 16 Congressional co-sponsors, including California Congresswoman Barbara Lee and California Congressman Jimmy Panetta.

The purpose of this legislation is to create a $5 trillion National Infrastructure Bank (NIB). HR 3339 will complement and work with the Bipartisan Infrastructure Law and the Inflation Reduction Act.

AGENDA
REPORT

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October 18, 2022
It will build seven million units of affordable housing and address the housing crisis in California. It has hundreds of billions of dollars to bring water into California just like Franklin Roosevelt did in the New Deal; and it has more than enough money to finance the entire High Speed Rail system in the state. And, as we know, Richmond has its share of failing infrastructure from streets to wastewater treatment to civic buildings in disrepair, not to mention the need for significant affordable housing. These are just a few of the City’s and community’s needs that require significant funding.

This summer the California Assembly passed a resolution in support of HR 3339.

Twenty-five legislatures have introduced similar resolutions and eight have passed at least one house. National support is increasing and the following institutions have endorsed: National Association of Development Organizations, National Black Caucus of State Legislators, National Latino Farmers and Ranchers, US High Speed Rail Association, United Association of Plumbers and Steamfitters, Council of State Governments East, American Sustainable Business Council, Public Banking Institute, just to name a few. See a full list of endorsers attached.

HR 3339 has specific mandates to address urban and rural poverty. It will help the Bay Area and Richmond enormously. We have more needs in infrastructure than funds available. This bill will provide the financing we need to fix our water and sewer systems, fix and build our roads and bridges, perhaps build a second bridge to San Francisco, and other needed projects.

It will build infrastructure and industry in our long-neglected urban and rural areas. Millions of new jobs will be created at Davis-Bacon wages. The Bank will require no new federal spending and no new federal taxes; so it is gaining support with officials on the other side of the aisle. It has a mandate to address urban and rural poverty, and also to enforce Buy America products. There are many more positive features.

The country is now in a period of economic and financial turmoil with a recession underway. This bill will counteract any recession. We don’t need to increase unemployment; we need to build the productive economy and create millions of new jobs. We need to steal a page from Franklin Roosevelt, who used a similar bank to end the Great Depression and to fund the WWII effort (and we all know Richmond’s significant history in that regard). In the process, it helped finance much of the new industry in Richmond at that time providing countless jobs and economic activity. We can do the same today addressing the many current day crises we face.

DOCUMENTS ATTACHED:

Attachment 1 - Summary of the NIB
Attachment 2 - Endorsers of NIB
Attachment 3 - Richmond City Council Resolution on National Infrastructure Bank

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QUICK SUMMARY OF LEGISLATION – HR 3339 (FORMERLY HR 6422) – TO CREATE A

NATIONAL INFRASTRUCTURE BANK
By the Coalition for a National Infrastructure Bank
September 7, 2022
Our nation’s spending on infrastructure has fallen to its lowest level in 70 years, to 2.5% of our nation’s GDP. That’s half the comparable level in Europe, and 1/3 the level in China. As a result, productivity, investment, and manufacturing have collapsed, and we are losing our world-wide competitive edge.

The American Society of Civil Engineers (ASCE) estimates, in its 2021 report, that $6.1 trillion is needed just to repair our nation’s infrastructure. Of that, $2.6 trillion is currently NOT funded in the following areas: Roads, bridges, freight corridors, and mass transit; Electricity grids; Schools; Dams, levees, waterways, and ports; Airports; Rail; Drinking water and wastewater; Public parks and recreation; and Hazardous and solid waste (see Table below). In addition, we need a High Speed Rail network linked to improved urban transit networks, Complete Broadband access, Affordable Housing, a Renewable Energy Super-Grid, and Major Water Management Projects to combat flooding and bring water to America’s driest regions. All of these require smart technologies for optimal efficiency and minimum environmental impact.

Infrastructure development needs careful planning, and a reliable source of long-term funding, in order for it to succeed. That’s just not possible under a system of uncertain annual appropriations (unreliable funding for The Eisenhower Highway Trust Fund is a case in point), and politicians’ short–term horizons of from 2 to 4 years. Moreover, the Federal budget is in financial disarray – with total revenues available for discretionary spending having fallen from 65% in 1960, to 11% in 2019. Add to that, COVID-19 Recession and Stimulus spending has led to huge budget deficits, and an unprecedented debt overhang that is putting pressure on interest rates. So it is unlikely that adequate infrastructure financing to cover all of the financing gap will ever come from the Federal Budget.

Legislation (HR 3339, formerly HR 6422)) has been introduced in Congress to create a $5 trillion National Infrastructure Bank. This “NIB” will be a separate institution from the Budget, set up as a federally established, mixed-ownership, incorporated bank, capitalized with existing Treasuries held by the private sector. That’s the same approach that was used four times before in our nation’s history, starting with the First Bank of the United States created in 1791 by Treasury Secretary Alexander Hamilton, and ending with FDR’s Reconstruction Finance Corporation (RFC). Except for a very small appropriation from Congress to get started, the NIB will pay its own way. It will not create any new Federal debt, nor require any new Federal taxes. As such, it is configured to attract maximum political support from both Republicans and Democrats in Congress.

This is how it would work (see attached Flowchart):
 The NIB will be capitalized over ten years by purchasing up to $500 billion in existing Treasury bonds held by the private sector (held in pension and other savings funds), in exchange for equivalent shares of preferred stock in the NIB. The exchange will take place via a sales contract with the NIB that guarantees a preferred stock dividend of up to 2% more than privateholders currently earn on their Treasuries. The incremental 2%, or about $10 billion per year, would come out of interest earnings on the loans (see next two bullets). The capital would sit on the NIB’s books, to be used only in the case of non-repayment of loans. Private investors holding preferred stock would be silent, non-voting partners in the bank.  The NIB will provide up to $5 trillion over ten years in infrastructure loans. That’s enough to cover all of the $2.6 trillion ASCE identified funding gap, plus $2.4 trillion for other critical projects (see Table below). Using standard commercial-bank procedures, the NIB will create a deposit in the borrower’s name as each loan is approved and booked. Such new deposits add to

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the nation’s money supply. But inflation is actually lowered because productive investments grow the economy at least three times faster than the new money the NIB creates.  NIB lending is self-sustaining. The NIB charges low interest on loans, equal to benchmark Treasury bond rates (just below municipal bond rates). At current, averaged Treasury rates, the NIB should earn about $120 billion in its tenth year ($5T x 2.4%), out of which it will pay operating expenses, including $10 billion for the extra dividend to investors ($500B x 2.0%).

What is left over goes into a Trust Fund to provide grants to communities unable to afford even low-cost loans.
 It is expected that borrowers from the NIB will be state and local governments, because they own 90% of the nation’s public infrastructure. No further privatization of public infrastructure – beyond what has already taken place (e.g., at ports, airports) – would result from NIB loan operations. State and local governments will be able to service their loans out of recovering general revenues and/or user fees, especially as millions of workers are re-employed in greatpaying jobs created by these large public investments.  Infrastructure projects will be vetted according to their cost-benefit analysis, and a set of specific criteria set out in the Bill. Preliminary estimates suggest that, for every $1 spent on public infrastructure, anywhere from $3-7 is generated in new economic activity. Careful planning – to maximize economic growth, promote community and rural development, and “dig up the road only once” – could be facilitated by Regional Economic Accelerator Planning Groups run by state and local governments, with technical assistance coordinated by the NIB as needed.

NIB operations are expected to have a profound, long-term, positive impact on the American economy. They will create up to 25 million new jobs (gross count using BLS definition), paying union-level “Davis-Bacon” wages, and grow the economy faster and make it more productive.

That’s what happened during the period of the last Infrastructure Bank, the RFC, from 1933-57, when growth averaged 5.5% per year, Total Factor Productivity maxed out at 3.4% per year during the 1940s, and unskilled wages and Federal income tax receipts rose dramatically. Similar results are replicable today even at near-full employment: a 2014 study by the University of Maryland estimated that, compared to stagnant economic growth averaging 1.8% per year, increased infrastructure spending would ultimately grow the economy faster by 2.9% per year, and real disposable income by 3.4% per year, than without such investments. As ASCE stated in its 2021 Failure to Act Study (using the same U. Md. forecasting model), failing to close this infrastructure investment gap brings serious economic consequences. By 2039, a continued underinvestment in our infrastructure at current rates will cost:
 $10 trillion in cumulative lost GDP,
 More than 3 million jobs in year 2039, and
 $2.24 trillion in exports over the next 20 years.

Importantly, the NIB is positioned to play a significant role in fighting off the economic effects of any oncoming Recession. Currently, the economy is experiencing high inflation caused by too much money chasing too few goods. To combat it, the Federal Reserve is raising interest rates to lower demand. That will likely to lead to rising unemployment and another recession. NIB operations are a better way to fight inflation because they iron out supply chain problems, and raise productivity and the supply of goods being produced. That’s good for businesses. It also creates millions of greatpaying jobs for the newly unemployed. And the NIB can do this without the need to rely on new Federal spending, taxes, or deficits.

Therefore, we are asking every citizen to write or call your Congressman, and ask him/her to support HR 3339, the National Infrastructure Bank Act of 2021, to create great-paying jobs in your area.

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Support for the National Infrastructure Bank Act
As of 9/26/22
Organizations which Passed a Resolution Endorsing
House Bill HR 3339 (or HR 6422 previously)
Council of State Governments (CSG) East, August 17, 2022 National Association of Development Organizations (NADO), January 16, 2022 National Black Caucus of State Legislators, December 2, 2021 National Latino Farmers and Ranchers Trade Association, October 30, 2021 National Association of Minority Contractors
American Sustainable Business Council
Chamber of Eco Commerce
Alaska –
City of Anchorage, HR 3339, July 27, 2021
Democratic Party State Central Committee, February 6, 2021 California –
California Public Banking Alliance, September 26, 2022
California Assembly, AJR32, May 5, 2022
Huron City Council, June 1, 2022
Delaware –
Delaware Senate, SR 25, January 27, 2022
Florida –
Florida Association of Counties (FAC), HR 3339, Dec. 4, 2021 North Central Florida Regional Planning Council, June 24, 2021 Alachua County Board of Commissioners, Resolution No. 2021- First Rail International, Ormond Beach, March 1, 2021
Georgia –
Central Georgia Trades and Labor Council, AFL-CIO, March 3, 2021 International Union of Elevator Constructors Local 32 of Atlanta Georgia State Council of Machinists, Oct. 13, 2020
Illinois – City of Chicago’s Mayor and Council, March 24, 2021, HR 6422 Indiana – Northern Indiana Passenger Rail Association
Maine – Legislature, Both Houses: SP 297, Senate Adopted 3/10/21, House Adopted 3/11/21
Michigan – City of Hamtramck, MI
Dearborn Heights City Council, MI
City Council of Inkster, MI
Missouri –
St. Louis County, Feb. 1, 2022
Nevada – Legislature, Both Houses: AJR 7, May 6, 2021
New Jersey –
New Jersey Assembly AR 25, March 24, 2022
New Jersey Senate SR81, June 3, 2021

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Trenton City Council, February 7, 2019
New Mexico –
Democratic Party of New Mexico, March 2022
League of United Latin American Citizens (LULAC), HR 3339, May 21, 2022 and June 18, 2021
Central New Mexico Labor Council, February 5, 2021
New York –
Albany Common Council, Resolution No. 83.111.21,
Ulster County Legislature, Resolution No. 435, Oct. 19, 2021 New York State Association of Counties, Resolution #5, Sept. 13, 2021 Albany County Legislature Proclamation, August 27, 2021 City of Peekskill, Approved 2/22/21
Westchester County Board of Legislators, NY, Approved February 8, 2021 Westchester-Putnam Counties AFL-CIO Central Labor Body (New York) Hudson Valley NY Building and Construction Trades Council Elevator Constructors of New York
Local One International Union of Elevator Constructors Of New York and New Jersey – (AFL-CIO)
Ohio –
Sylvania City & Township Democratic Club, March 26, 2022 Communication Workers of America (CWA) State Council of Ohio, June 14, 2021
IBEW 245, Toledo
City of Cleveland, Resolution 218-2021, April 5, 2021
Bricklayers Local 7, Akron
Lucas County Ohio Board of County Commissioners
Western Reserve Building Trades, Ohio, November 12, 2020 Northwest Ohio Passenger Rail, October 15, 2020
Ohio CWA Local 4319
United Association of Plumbers and Pipefitters Toledo, Ohio UA Local 50 Plumbers, Steamfitters and Service Mechanics, Northwood, Ohio Toledo Metropolitan Area Council of Governments (Ohio)
City of Toledo, Ohio November 4, 2020
Toledo Area Jobs with Justice and Interfaith Worker Justice Coalition (Ohio) All Aboard Ohio, June 22, 2020
Fulton County Ohio Democratic Party
Pennsylvania –
State College Borough Council, April 4, 2022
Philadelphia City Council, Resolution No. 210011, Passed February 4, 2021
Northern Tier Central Labor Council, PA
West Philadelphia Corridor Collaborative
Allegheny County Pennsylvania, Bill 11965-20 passed July 14, 2020 Pittsburgh PA City Council, Sept. 15, 2020
Lancaster PA City Council, Sept. 8, 2020
Rhode Island –

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State Senate Resolution S 0029, June 24, 2021
City of Providence, RI, September 14, 2020
Virginia –
Essex County Board of Supervisors, HR 3339, Adopted December 14, 2021 State AFL-CIO
Virginia State Building and Construction Trades Council Virginia International Union of Elevator Constructors LOCAL UNION NO. 52 Hampton Roads VA Building and Construction Trades Council Washington –
48th LD Washington Democrats Endorse NIB, March 9, 2022 Washington State SJM 8006, passed Senate 2/21/22; went to House Committees
WA State 49th Legislative District Democrats, Feb. 22, 2022 WA State Federation of Democratic Women, Salish Sea Chapter, Jan 24, 2022
WA State 1st Legislative District Democrats, Nov. 15, 2021 King County Democratic Party
Seattle Indivisible, HR 3339, August 2021
WA State 34th Legislative District Democrats, HR 3339, July 14, 2021 Cascadia Rail, HR 3339
Wisconsin – Dodge County (Central Wisconsin), Resolution No. 21-09 Wisconsin Transit and Realty Group, HR 3339
Institutions which Introduced Resolutions in Support of HR 3339 (or HR 6422 previously):

National Conference of State Legislatures, at their August 2, 2022 Conference in Denver
Council of State Governments (CSG) Western Regional Conference, July 19-22, 2022, Boise, Idaho
Alabama State House of Representatives, HJR 67
Alaska Senate Resolution SJR14
Arizona Legislature, A Concurrent Memorial, SCM 1005
Council of State Governments – West, to be voted on July 19-22, 2022.

Florida Senate Resolution SM 1738,
Florida House Memorial HM 245, filed 10/11/2021
Georgia State Senate, Resolution 267
Illinois House Resolution HR 0434
Illinois Senate Resolution SR 480
New Mexico Senate SM 2
New Mexico House HM 47
North Carolina House Resolution 256, March 11, 2021
Ohio House of Representatives HR 19, 2021-22 Session
Pennsylvania State Democratic Party
South Carolina General Assembly, H. 3434, January 2021
Virginia House of Delegates, HR 225
Virginia House Joint Resolution, HR 550

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Washington State House of Representatives Hearing on SJM 8006 February 21, 2022
Organizations which Passed a Resolution Endorsing this
National Infrastructure Bank Without Citing the Bill Number:

National Congress of Black Women
National Association of Counties, July 11, 2021
National Federation of Federal Employees
Alabama Legislature---Both Houses Concurring, HJR 80
Illinois House of Representatives Passed Resolution in 2019 Ohio---Akron City Council
New Jersey---Mercer County Board of Freeholders
New Mexico---Rio-Arriba County Board of County Commissioners Pennsylvania---
County Commissioners Association of Pennsylvania, August 23, 2021 Allentown City Council
Northampton County Board of County Commissioners
Northampton County Democratic Committee
Virginia---
2020 Virginia Democratic Convention, passed June 20, 2020 Fairfax County, Va. Democratic Committee
Loudoun County, Va. Democratic Committee
Loudoun County Va., Progressive Democrats
Alexandria Va. Democratic Committee
Our Revolution Northern Virginia
Virginia’s 10th Congressional District Democrats, May 2020 Virginia’s 8th Congressional District Democrats, May 2020 SEIU Virginia 512
State Legislatures which Introduced Resolutions in support of the National Infrastructure Bank (many still pending)
Michigan --- Senate Resolution 77, introduced August 31, 2021 Minnesota House of Representatives and State Senate
Mississippi House of Representatives
Missouri House of Representatives, HCR 69
New York City Council, 10/3/19
North Carolina House of Representatives
Ohio State Senate
Pennsylvania Senate Resolution No. 153, July 20, 2021
Pennsylvania House of Representatives HR 113, June 8, 2021 West Virginia House of Representatives

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National Association of Development Organizations
Endorses the National Infrastructure Bank
Resolution Urging Congress to Enact Legislation Creating a National Infrastructure Bank to Finance Urgently Needed Infrastructure Projects Issue: According to the American Society of Civil Engineers and the United States Congress, there is a budget shortfall of over $2 trillion needed to finance urgently needed infrastructure. This does not include much needed programs such as broadband, passenger transit systems, high speed rail, clean water supply projects, flood control systems, energy distribution systems, ferries, fish passage barriers, and power grid upgrades. Therefore, the real financing need is well over $5 trillion.

The National Infrastructure Bank (NIB) would finance projects within all regions of the United States. In the past, the United States has employed four National Bank systems to build out infrastructure, and the proposed legislation follows in that successful model.

Resolved: The National Association of Development Organizations (NADO) urges Congress to enact legislation to create a new National Infrastructure Bank (NIB) system. The proposed legislation has the following critical points:
 It would create a new NIB by exchanging existing Treasury debt for preferred stock in the bank. The proposal is to raise $500 billion, out of the $23 trillion in Treasury debt, and put it in the bank. This would require no federal action.  The NIB would pay two percent interest above the Treasury yield to the investors, with all transactions being federally insured. The two percent would be included in the U.S. budget and not go through appropriations.
 The NIB would perform as a traditional commercial bank and be able to provide financing in the form of loans. The bank would loan $5 trillion to states, cities, counties, authorities, and multistate entities to address the infrastructure crisis in the nation. Loans would be long term, at Treasury rates and for infrastructure projects only.
 There would be a Board of Directors comprised of mainly engineers and infrastructure experts, with state, local, and county officials with expertise in infrastructure construction to assist in the implementation of the projects. The bank would report all banking transactions to Congress on a regular basis.  The NIB would create 25+ million new high paying jobs, which would increase the tax base and increase the productivity of the entire economy. Previous such entities have increased the real GDP by 3 – 5 percent per year, and payback multiples have been anywhere from 2-10 times the investment.

Issued January 16, 2022

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Resolution in Support of National Infrastructure Bank
Whereas, the Council of State Governments-East recognizes that transportation infrastructure is vital to economic development, job creation; mobility, and quality of life; and Whereas the safe and efficient transport of people, goods and services depends on a safe, reliable, and environmentally sound surface transportation system; and Whereas the long-term enhanced investment in the infrastructure is clearly demonstrated by the ever-increasing number of deficient roads and bridges found across the nation’s aging system; and Whereas congestion continues to build on our nation’s highways, bridges, railways, and airways negatively impacting the economy and the environment; and Whereas, the Highway Trust Fund (HTF) can no longer fully sustain the vast needs of the system, and continues to be regularly threatened with insolvency without a long-term, sustainable funding stream; and
Whereas, transit systems, both rural and urban, are unique assets of the region’s transportation system; and
Whereas, the rail system (passenger and freight) is an integral part of the region and the nation’s transportation system, as well as a key to economic vitality, and mobility, in the region; the nation; and beyond our borders; and
Whereas the Executive Committee of the Council of State Governments Eastern Region Conference supports:
 Strong federal investment in mega-projects that are in the state, provincial, regional, and national interest;
 Increased investment in rural and urban transit systems  Increased investment in the planning, design, construction of facilities, and high-speed rail, where appropriate, that will enhance intercity passenger rail service across the nation and between the US and Canada
 Investment in programs and projects that will link intercity passenger rail to other modes of transportation in a seamless, efficient manner
 A priority federal focus and increased investment in the region’s aging bridges  A focus on the importance of investing in the region’s infrastructure as it pertains to travel and tourism within the continental U.S. and Canada and especially as related to the economic well-being of Puerto Rico and the Virgin Islands; and

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Whereas one way to finance all the transportation and related infrastructure is a National Infrastructure Bank; and
Whereas the United States Congress introduced HR 3339 to create a National Infrastructure Bank which could invest $5 trillion into needed infrastructure including over $2 trillion in transportation projects; and
Whereas the National Infrastructure Bank could repair and replace all aging bridges; and Whereas the National Infrastructure Bank could repair and upgrade all highways and roads; and Whereas the National Infrastructure Bank could build out a passenger rail network and create an extensive High-Speed Rail system to transform rail transportation in the region and the nation; and Whereas the National Infrastructure Bank could upgrade all airports and help finance new projects; and
Whereas the National Infrastructure Bank could help modernize and expand municipal mass transit systems; and
Whereas, the National Infrastructure Bank would require no new federal appropriations and no new federal taxes, and has been done previously in United States’ history; and Whereas the National Infrastructure Bank would finance all the surface projects needed to bring the nation’s transportation to a State of Good Repair; and Whereas twenty-four state legislatures have filed resolutions in support of the National Infrastructure Bank and seven passed at least one legislature. The Maine and New Jersey legislatures passed the resolution in both houses, and the Rhode Island Senate and Delaware Senate each passed a resolution; bipartisan resolutions are introduced in the Pennsylvania Senate and House, and a Dear Colleague Sign-on letter is circulating in the New York Assembly; now, Therefore, Be It Resolved, that the Executive Committee of the Council of State Governments East supports the National Infrastructure Bank, as stated in HR 3339; and Be It Further Resolved that this resolution be communicated to federal elected officials; the Governors of the Northeast States; State Legislature Speakers and Senate Presidents; and Eastern Canadian Province Leaders; as well as trade associations, and others concerned with surface transportation policy.

August 17, 2022

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California Public Banking Alliance
The Alliance joins the CA State Assembly in endorsing the National Infrastructure Bank (NIB) bill HR 3339. The NIB, a national #publicbank, will fund urgently needed infrastructure development in the US without creating debt or raising taxes.

As a $5 trillion bank, the NIB will supercharge the US economy & help repair roads, bridges, airports, railways—creating up to 25 million new jobs. Local public banks will interface seamlessly with the federal NIB, mobilizing public funds to benefit all people across the nation.
60 California Assemblymembers co-sponsored the resolution to endorse the National Infrastructure Bank: https://openstates.org/ca/bills/20212022/AJR32/ Los Angeles City Council recently introduced a reso to endorse HR3339:
https://clkrep.lacity.org/.../22-0002-S121_reso_9-16-22.pdf September 26, 2022

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National Black Caucus of State Legislators
Endorses National Infrastructure Bank
WHEREAS, the National Black Caucus of State Legislators (NBCSL) supports an equitable transportation system that provides access to all citizens and communities, and does not place an undo financial burden on our citizens;
WHEREAS, the American Society of Civil Engineers (ASCE) stated in its 2021 report card that the United States received a grade of C- regarding the current state of infrastructure and that more than six trillion dollars would be needed to restore the nation’s infrastructure to a state of good repair, and over two and a half trillion dollars is currently not funded, and the remainder is inadequately funded;
WHEREAS, Congress introduced HR 3339, The National Infrastructure Bank Act, to create a new National Infrastructure Bank (NIB), it will be capitalized by repurposing existing Treasury debt and require no new federal appropriations, and will invest five trillion dollars into infrastructure only and create twenty-five million new high-paying jobs; WHEREAS, the NIB will pay Davis-Bacon wages, and guarantee Buy American policies, and economists estimate that the bank will grow the economy by 5 percent per year as did its predecessors;
WHEREAS, the NIB legislation requires massive investment in communities which are disadvantaged;
WHEREAS, the NIB incorporates the Rep. James Clyburn 10-20-30 formula to eradicate poverty and inequality: the NIB would commit 10 percent of its investment into the 476 counties where 20 percent or more of the population has been living below the poverty line for the last 30 years;
WHEREAS, minority businesses will have substantial access to capital and credit, and hiring of all minority populations is a mandate in the bill;
WHEREAS, the NIB will also provide job training to all sections of the population as the bill will create millions of new jobs; the NIB also budgets $700 billion to build 7 million new affordable housing units, to end the housing crisis; the economic stimulus of the NIB will break the culture of drugs, suicide and despair which has engulfed much of our nation; WHEREAS, the NIB is modeled on previous banks which helped build much of our infrastructure under Presidents George Washington, James Madison, Abraham Lincoln, and Franklin D. Roosevelt, and the last such bank helped bring us out of the Depression and win WWII;

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WHEREAS, twenty-one state legislatures filed or passed resolutions, including New Jersey, Rhode Island, Maine, Illinois, Ohio, Nevada, New Mexico, South Carolina, Alabama, North Carolina, Georgia, Pennsylvania and more. Many city and county Councils who passed or introduced resolutions include: Chicago, Philadelphia, Trenton, Toledo, Cleveland, New York City, Providence RI, Pittsburgh, Westchester County Board of Legislators, Mercer County NJ Board of Freeholders, Rio Arriba NM County Council, Northampton and Allegheny Pa County Councils, and more; and
WHEREAS, numerous organizations are also supportive including the National Congress of Black Women, the National Association of Counties, the National Latino Farmers and Ranchers, the National Federation of Federal Employees (IAMAW), The National Association of Minority Contractors, the Public Banking Institute, The US High Speed Rail Association, American Sustainable Business Council, and numerous other labor and community organizations are also on record in support.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) calls upon the United States Congress to create a National Infrastructure Bank, like HR 3339, to finance urgently needed infrastructure projects;
BE IT FURTHER RESOLVED, that the NBCSL calls upon Congress when passing such legislation as a transportation reauthorization bill to include Rep. James Clyburn 10-20-30 formula to eradicate poverty and inequality, increased access to capital for minority businesses, and increased hiring of minorities; and
BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.

SPONSOR(S): Senator Audrey Gibson (FL) and Representative K.C. Ohaebosim (KS) Committee of Jurisdiction: Telecommunications, Science, and Technology (TST) Policy Committee
Ratified in Plenary Session: December 2, 2021
Ratification certified by: Representative Billy Mitchell (GA), NBCSL President

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National Association of Counties (NACo)
Approved July 11, 2021 at the 2021 Annual NACo Conference

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Reso. No. XX-22

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RESOLUTION NO. XX-22

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,

URGING CONGRESS TO ENACT NATIONAL INFRASTRUCTURE BANK

LEGISLATION
WHEREAS, there is a crucial need to finance urgently needed infrastructure projects throughout the United States; and
WHEREAS, the American Society of Civil Engineers stated in its 2021 report card that the United States scores a C- regarding the current state of infrastructure and that four and one half trillion dollars would be needed to restore the nation’s infrastructure to a state of good repair. Newer projects and over two trillion dollars’ worth of corrective projects are currently unfunded and the remaining projects are not adequately funded; and WHEREAS, the American Society of Civil Engineers rated California roads D. Driving on deficient roads costs Californians $61 billion annually; and WHEREAS, a new National Infrastructure Bank (NIB) could directly aid in fostering an economic recovery and build the infrastructure projects we have neglected. Legislation to create such a bank has been introduced into Congress, H.R. 3339. The new NIB is modeled on four previous institutions created by Presidents George Washington, John Quincy Adams, Abraham Lincoln, and Franklin D. Roosevelt, which helped spur massive economic growth; and WHEREAS, H.R. 3339, introduced by Representative Danny Davis, would establish a new five trillion-dollar National Infrastructure Bank authorized to invest solely in infrastructure projects. It would be funded through a repurposing of existing Treasury debt, as was done previously in the United States and would require no new federal spending; and WHEREAS, a new National Infrastructure Bank (NIB) could directly finance much of our nation’s infrastructure, in partnership with state and local officials, and hire people who have lost their jobs during the COVID-19 pandemic; and
WHEREAS, the new bank would create an estimated twenty-five million new jobs paying Davis-Bacon wages. It would ensure project labor agreements for all projects and Buy American provisions also while awarding a significant number of contracts to disadvantaged business enterprises and mandating large-scale minority hiring; and WHEREAS, the National Infrastructure Bank Act of 2021 would prioritize the financing of infrastructure projects located in communities with long-term poverty; and WHEREAS, the National Infrastructure Bank would build seven (7) million units of new affordable housing for the most housing insecure, large-scale water projects to address the severe drought, supply broadband everywhere and more; and
WHEREAS, Richmond is in dire need of more very low and extremely low affordable housing units, along with many other core City infrastructure needs, that this bill will help facilitate; and
WHEREAS, Congressman Danny Davis is sponsoring HR 3339 with 16 co-sponsors, including California Congressmember Barbara Lee and California Congressmember Jimmy Panetta; and
WHEREAS, seventeen state legislatures, including the California state legislature, and numerous county and city governments have introduced or passed resolutions in support of the bank. National endorsements include: the National Black Caucus of State Legislators, the National Latino Farmers and Ranchers, American Sustainable Business Council, United Association of Plumbers and Steamfitters International Union; and many more. Additionally, organizations like the National Association of Counties, the U.S. High-Speed Rail Association, the National Latino Farmers and Ranchers, the National Congress of Black Women, the National Federation of Federal Employees, the Democratic Municipal Officials, the American Sustainable

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Reso. No. XX-22

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Business Council, the National Association of Minority Contractors, and many others have endorsed the new bank; and
WHEREAS, Assemblymember Buffy Wicks is among the 60 co-sponsors of the resolution introduced into the California legislature in support of HR 3339; and WHEREAS, the National Infrastructure Bank would complement the Bipartisan Infrastructure Law and the Inflation Reduction Act; and, WHEREAS, the National Infrastructure Bank will complement and work seamlessly with the Public Bank East Bay, of which Richmond has agreed to be a founding member, along with Berkeley and Oakland.

NOW, THEREFORE, BE IT RESOLVED that by the adoption of this Resolution, the Richmond City Council declares its SUPPORT for H.R. 3339 (Davis), the National Infrastructure Bank Act of 2021, to create a National Infrastructure Bank and address the infrastructure needs of Richmond and the Nation.

BE IT ALSO RESOLVED that City Staff send a copy of this resolution and a cover letter to Congressman Mark DeSaulnier and Congressman John Garamendi. **********************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held October 18, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

THOMAS K. BUTT
Mayor
Approved as to form:

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

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX-22, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Month DD, 2020.

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Reso. No. XX-22

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Pamela Christian, Clerk of the City of Richmond

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October 18, 2022
Community Development
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Subject: Contract Amendment No. 6 with Wood Environment & Infrastructure Solutions, Inc.

FINANCIAL IMPACT: There is no financial impact to the General Fund for this contract. The consultant fees will be paid with funds
available to the Successor Agency for remediation arising out of the 2005 Terminal One Settlement Agreement with
the site’s previous industrial tenants. Account string:
61322066 – 400538 – 07A71

PREVIOUS COUNCIL
ACTION:

July 7, 2020

STATEMENT OF THE
ISSUE:

The Community Development Department is requesting
approval of a contract amendment no. 6 with Wood
Environment & Infrastructure Solutions, Inc. to prepare a Supplemental Remedial Action Plan (“Supplemental
RAP”) and continue groundwater monitoring at the site
through the remainder of 2022 in compliance with the
clean-up order for the Terminal One site.

RECOMMENDED ACTION: APPROVE a contract amendment no. 6 with Wood Environment & Infrastructure Solutions, Inc., to increase the contract amount by $102,200, for a total amount not to exceed $854,750, with a term extending through June
30, 2023, to prepare a Supplemental Remedial Action
Plan, and continue groundwater monitoring at the
Terminal One site in compliance with the clean-up order issued by the Regional Water Quality Control Board –
AGENDA
REPORT

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October 18, 2022
Community Development Department (Lina Velasco
(510-620-6706)
DISCUSSION:

Wood Environment & Infrastructure Solutions, Inc. (Wood) has been assisting the City in completing the technical reports to fulfil the requirements of the Regional Water Quality Control Board (RWQCB) Cleanup order, including collecting data and submitting reports.

City staff is requesting to increase the Wood contract by $102,200, for an amount not to exceed $854,750, so that they can continue to provide data and technical documentation in compliance with the RWQCB’s clean-up order, and to prepare a Supplemental Remedial Action Plan for the Terminal 1 site.

The Cleanup Order was issued by the RWQCB in 2004. The City is the named party on the existing RWQCB Order and is therefore responsible for completing the work under that Order. As part of the Land Disposition Agreement (LDA) with Terminal One Development LLC, the developer will be responsible for completing the required remediation work on the City’s behalf.

The RWQCB has determined that a Supplemental Remedial Action Plan (RAP) to reflect the proposed Terminal One Project proposal and description of changes to the previous RAP approach is needed. City staff is seeking a contract amendment to add additional funds so that Wood can continue to assist the City in the data collection and documentation needed.

DOCUMENTS ATTACHED:

Attachment 1 – Contract Amendment No. 6
Attachment 2 – Original Contract with Amendments 1-5

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CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original
contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

Description of Services:
8PPE&OWJSPONFOUBMXJMMDPOUJOVFUPBTTJTUUIF$JUZJOQSFQBSJOHB4VQQMFNFOUBM3FNFEJBM"DUJPO1MBO 3"1

QSPWJEJOHFOWJSPONFOUBMTVQQPSUUP
GBDJMJUBUFBQMBOOFEQSPQFSUZUSBOTBDUJPO
BOEDPOUJOVJOHHSPVEXBUFSNPOJUPSJOHJODPNQMJBODFXJUIUIFDMFBOVQ0SEFSPOUIF5FSNJOBM0OFTJUF Community Development Lina Velasco
[email protected] (510) 620-6706
12406 /3753
✔
6 Wood Environment & Infrastructure Solutions, Inc.
180 Grant Avenue, Suite 1100
Oakland, CA 94612-3066
Frank Szerdy PhD, PE
(510) 663-4113 [email protected]
4000-3559 December 31, 2022
✔
February 15, 2017
February 1, 2017 December 31, 2017
10,000.00

Page 73 of 2219 ends

Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Wood Environment & Infrastructure Solutions, Inc.

Page 74 of 2219 ends

Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
6 /3753
February 1, 2017
June 30, 2023
102,200.00
854,750.00
Wood Environment & Infrastructure Solutions, Inc.

Preparing a Supplemental Remedial Action Plan ("Supplemental RAP") and providing environmental support to facilitate a planned property transaction. It also includes continuing groundwater monitoring at the site through the remainder of 2022 as listed in the scope of work attached.

Page 75 of 2219 ends

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Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
Wood Environment & Infrastructure Solutions, Inc.
6 /3753
The scope of work includes drafting and submittal of the Supplemental RAP, associated environmental support to obtain Water Board approval of the Supplemental RAP, and performing two quarterly groundwater monitoring events. Wood understands that the Terminal One property will be transferred to Terminal One Development LLC following Water Board's approval of the Supplemental RAP, and that this entity will be responsible for implementation of the work specified in the Supplemental RAP. This change order requests funds to complete work through the remainder of 2022.

Page 80 of 2219 ends

Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
Wood Environment & Infrastructure Solutions, Inc.
6 /3753
March 7, 2017
195,000.00
205,000.00
December 31, 2018
✔
✔
July 11, 2017
154,950.00
359,950.00
505,550.00
145,600.00
April 3, 2018
December 31, 2019
December 31, 2020
December 31, 2022
552,550.00
47,000.00
July 17, 2019
August 1, 2020
200,000.00
752,550.00
✔
✔
✔
✔
✔
✔
✔

Page 81 of 2219 ends

Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

The sixth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The seventh Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The eighth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The ninth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
The tenth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan
Contract Amendment/EJ/TE 11-30-07
6 Wood Environment & Infrastructure Solutions, Inc.
3753
June 30, 2023
854,750.00
✔ 102,200.00
✔
✔

Page 82 of 2219 ends

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

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

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

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

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

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

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

Page 83 of 2219 ends

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

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

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

Page 84 of 2219 ends

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

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

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

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

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

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

Page 85 of 2219 ends

Holder Identifier : Certificate No : 570094314304

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
07/01/2022
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

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ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD Page 87 of 2219

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

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

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

2. Term. The effective date of this Contract is and it
terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed
the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

Planning & Building Services Lina Velasco
[email protected] (510) 620-6841
12406
AMEC Foster Wheeler will be assisting the City in submitting documentation and data to the San Francisco Regional Water Quality Control Board (RWQCB) to modify the existing Clean up Order on the site to align it with the approved Terminal 1 Residential Project, approved by the Council.

Amec Foster Wheeler Environmental Infra., Inc.
180 Grand Avenue, Suite 1100
Oakland, CA 94612-3066
Frank Szerdy PhD, PE
(510) 663-4113 [email protected]
4000-3559 December 31, 2017
February 1, 2017
December 31, 2017
10,000.00
✔

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For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

Amec Foster Wheeler Environmental Infra., Inc.

City of Richmond
AMEC Foster Wheeler shall assist the City in submitting documentation and data to the San Francisco Regional Water Quality Control Board (RWQCB) to modify the existing Clean up Order on the site to align it with the approved Terminal 1 Residential Project, approved by the City Council at its meeting on July 19, 2016. The attached Environmental Investigation and Remediation Services proposal dated January 18, 2017 is attached hereto and incorporated herein.

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Amec Foster Wheeler Environment & Infrastructure, Inc.
180 Grand Avenue, Suite 1100
Oakland, California 94612-3066
USA
Tel (510) 663-4100
Fax (510) 663-4141
amecfw.com
January 18, 2017
Ms. Lina Velasco
City of Richmond Planning Division
450 Civic Center Plaza
Richmond, CA 94804
Subject: Proposal Environmental Investigation and Remediation Support Services Terminal One Site
Richmond, California
Dear Ms. Velasco:

We are pleased to present our proposal to assist the City of Richmond (the City) in the successful disposition of the Terminal One parcel located at 1500 Dornan Drive in Richmond, California (the site).

The City has entered into a Land Disposition Agreement with Terminal One Development LLC (Terminal One) that specified Terminal One will be responsible for addressing environmental issues at the site. Terminal One’s environmental consultant is R.T. Hicks Consultants, Ltd of Albuquerque, New Mexico (Hicks). Terminal One has also entered into an agreement with Brickyard Cove Alliance for Responsible Development (BCARD), to provide copies of written documents submitted to the Regional Water Quality Control Board – San Francisco Region (Water Board), the regulatory authority overseeing remedial activities at the site. The site is subject to Water Board Order No. R2-2004-0045 (the Order).

The City asked Amec Foster Wheeler to support efforts by Terminal One and the City to meet the requirements of the Order and any additional requirements that may be requested by the Water Board to amend the Order. Terminal One will maintain primary responsibility for meeting these requirements.

On January 12, 2017, Terminal One, the City and the Water Board met to discuss the path forward to address the Water Board’s comments. At that meeting, the comments provided by the Water Board on Hicks’ January 11, 2017 Work Plan for Investigation of Groundwater were discussed and the Water Board described a proposed roadmap for addressing their comments that included an investigation work plan and subsequent report, as well as an amendment to the Updated Proposed Remedial Action Plan (UPRAP; Geomatrix, 2004), and other requirements.

The Water Board noted that approval of the amendment to the UPRAP requires a 30-day public review period and conducting a public meeting to gather comments from the public.

SCOPE OF WORK
Our primary scope of work will be to review and comment on work and work products that are generated by Hicks. The goal of our work is to facilitate Water Board action regarding the cleanup of the Terminal 1 property, including all required regulatory agreements necessary to facilitate this clean-up. We will provide input based on our knowledge of Water Board policies

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Ms. Lina Velasco
City of Richmond
January 18, 2017

Page 2 ends

Amec Foster Wheeler
and procedures, as well as our relationships with Water Board personnel. We will be available to discuss these issues at public meetings that may be held.

We will also provide design services for aspects of remediation and/or mitigation measures if current and future site data show that these measures are warranted. In addition we will work with Terminal One’s development team to provide suggestions or advice on cost-effective solutions to environmental issues.

BUDGET
It is very difficult to estimate the level of effort that will be required for this work. In the short term, we know that we prepared for and attended the Water Board meeting on 12 January, we will review Hicks’ investigation work plan(s), and we will observe a portion of the investigation field activities. Future work may include attendance at public meetings, design and construction oversight of remediation or mitigation systems, and assistance with preparation of the amended UPRAP, as well as review of other documents and attendance at Water Board meetings.

We propose an initial budget of $10,000. We will not exceed the budget without the knowledge and authorization of the City.

We appreciate the opportunity to work with the City on this project. If this scope of services and budget meet your approval, we understand the City will issue a standard contract covering the work. Please feel free to contact Frank Szerdy at (510) 663-4113 should you have any questions
Sincerely yours,
Amec Foster Wheeler Environment & Infrastructure, Inc.

Frank Szerdy PhD, PE
Principal Engineer
Direct Tel.: 510-663-4113
E-mail: [email protected]
fs/smm
i:\project\prop2017\city of richmond\proposal ver2_corcomments.docx

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For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

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

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

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

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

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

Amec Foster Wheeler Environmental Infra., Inc
Lina Velasco Planning & Building Services
Lina Velasco

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Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond
Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

Amec Foster Wheeler Environmental Infra., Inc
Amec Foster Wheeler Environmental Infra., Inc.

Lina Velasco
450 Civic Center Plaza, 2nd Floor
Frank Szerdy PhD, PE
180 Grand Avenue, Suite 1100
Oakland, CA 94612-3066

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EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,

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import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.

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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's 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, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, 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. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The 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 this Contract.

8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue

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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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

15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to

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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete

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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

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

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated

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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

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

21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and

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General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

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

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

Page 104 of 2219 ends

General Conditions/EJ/TE 01-19-11 11 of 13

29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view

Page 105 of 2219 ends

General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

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

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

Page 106 of 2219 ends

General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.

Page 107 of 2219 ends

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

None.

Amec Foster Wheeler Environmental Infra., In

Page 108 of 2219 ends

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

Amec Foster Wheeler Environmental Infra., In

Page 109 of 2219 ends

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Page 110 of 2219 ends

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

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

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

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

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

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

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

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

Page 111 of 2219 ends

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

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

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

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

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

Page 112 of 2219 ends

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

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

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

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

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

Page 113 of 2219 ends

The ACORD name and logo are registered marks of ACORD

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE

JECT LOC PRO- POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

CLAIMS-MADE OCCUR

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $

CLAIMS-MADE
OCCUR
$
AGGREGATE $
UMBRELLA LIAB EACH OCCURRENCE $

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER
STATUTE OTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS NON-OWNED AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

WC 3867133-09
X
WC 3504866-15
05/01/16
05/01/16
1250 Route 28, Suite 201
Campus View Plaza
Amec Foster Wheeler Environment & Infrastructure, Inc.

Construction Risk Partners, LLC
2,000,000
01/30/2017
Richmond, CA 94804
05/01/16
450 Civic Center Plaza
100,000
X
City of Richmond
X
05/01/17
05/01/17
Coll $1,000
1,000,000
Comp $1,000
1,000,000
Branchburg, NJ 08876
05/01/17
1,000,000
BAP 9483148-05

AMERICAN ZURICH INS CO

ZURICH AMER INS CO

ACE AMER INS CO
X
1-908-566-1010
C
C
10,000
4,000,000
X
Oakland, CA 94612
X
Nhuddy
X
X
B
49036649
49036649
N
180 Grand Avenue, 11th Floor
X
USA
HDO G24557728 05/01/16 05/01/17
provisions.
applicable where required by written contract and allowed by law. 30 days notice of cancellation applies per policy written contract. Coverage is primary and non-contributory where required by written contract. Waiver of subrogation is The City of Richmond is an additional insured on the General Liability and Automobile Liability policies as required by Project Start Date: Jan-30-2017 - Project Completion Date: Jan-30-2018 Re: City of Richmond
4,000,000
A
X
2,000,000
X
40142
16535
22667
1,000,000

Page 114 of 2219 ends

CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: HDO G24557728 001 Endorsement Number: 36

COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Where required by Insured Contract executed prior to a
loss
All work conducted by AMEC USA Holdings, Inc. except
for work conducted at or from any OCIP, CCIP or Joint
Venture Insurance Program for which the named
insured is an enrolled participant.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

Page 115 of 2219 ends

Page 2 of 2 ends

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

Page 116 of 2219 ends

CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: HDO G24557728 001 Endorsement Number: 54

COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations All parties where required by Insured Contract
executed prior to a loss
All work conducted by AMEC USA Holdings, Inc.
except for work conducted at or from any OCIP, CCIP
or Joint Venture Project Specific Insurance Program for which the named insured is an enrolled participant.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

Page 117 of 2219 ends

CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: HDO G24557728 001 Endorsement Number: 35

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

Page 118 of 2219 ends

POLICY NUMBER: COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 20 48 10 13 Insurance Services Office, Inc., 2011 Page 1 of 1

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are ‘‘insureds’’ for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

SCHEDULE
Name Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an ‘‘insured’’ for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an ‘‘insured’’ under the Who Is An Insured
provision contained in Paragraph A.1. of Section II ---- Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I ---- Covered Autos
Coverages of the Auto Dealers Coverage Form.

BAP 9483148-0

ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO

PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A

PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN

AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW.

Named Insured: ".&$64")0-%*/(4
*/$
Endorsement Effective Date:

Page 119 of 2219 ends

8$
".&$64")0-%*/(4
*/$
"NFSJDBO;VSJDI*OTVSBODF$PNQBOZ

Page 120 of 2219 ends

CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: HDO G24557728 001 Endorsement Number: 71

COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "productscompleted operations hazard". This waiver applies only to the person or organization shown in the
Schedule above.

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U-CA-320-B CW (4/ 94)

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Waiver Of Transfer Of Rights Of Recovery Against Others To Us Policy No. Eff. Date of Pol. Eff. Date of End. Agency No. Addl. Prem. Return Prem.

This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at the hour stated in the Declarations.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Named Insured:

Address (including ZIP code):

This endorsement modifies insurance provided under the:

Business Auto Coverage Form
Truckers Coverage Form
Garage Coverage Form
Motor Carrier Coverage Form

SCHEDULE
Name of Person or Organization:

We waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an "accident" or "loss" resulting from the ownership, maintenance, or use of a covered "auto" for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization. The waiver applies only to the designated person or organization shown in the schedule.

Countersigned: Date:

Authorized Representative

ONLY THOSE PERSONS OR ORGANIZATIONS FOR WHOM YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY UNDER THE TERMS OF A WRITTEN CONTRACT.

%$3

Exp. Date of Pol.
1$ 1$
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CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

Planning & Building Services Lina Velasco
[email protected] (510) 620-6841
12406 / 3753
San Francisco Regional Water Quality Control Board (RWQCB) to modify the existing Clean up Order for the Terminal 1 site to align it with the Terminal 1 Residential Project approved by the Council.

AMEC Foster Wheeler will be assisting the City in submitting documentation and data to the ✔
2 AMEC Foster Wheeler Environment & Infra., Inc.
180 Grant Avenue, Suite 1100
Oakland, CA 94612-3066
Frank Szerdy PhD, PE
(510) 663-4113 [email protected]
4000-3559 December 31, 2017
✔
February 15, 2017
February 1, 2017 December 31, 2017
10,000.00

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Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
AMEC Foster Wheeler Environment & Infra., Inc.
2 / 3753
154,950.00
359,950.00
See attached scope of work/services dated May 2, 2017 and June 16, 2017, which are incorporated herein by this reference. Contractor shall provide all services and complete all tasks described in those attached scopes at the rates listed therein.

As further described in the attached scopes, a written authorization by the City Project Manager is required for any expenditures above $21,700 for the May 2, 2017 scope and $86,300 for the June 16, 2017 scope.

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Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
AMEC Foster Wheeler Environment & Infra., Inc.
2 / 3753
See attached scope of work/services dated May 2, 2017 and June 16, 2017, which are incorporated herein by this reference. Contractor shall provide all services and complete all tasks described in those attached scopes at the rates listed therein.

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