Richmond City Council
August 19, 2025

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i. The employee's tasks and procedures are checked against Task Lists, identified in the Exposure Control Plan as those in which occupational exposure occurs.
ii. If the employee is transferring from one job to another within our operation, the job tasks/procedures pertaining to their previous position are also checked against these lists.

Isolate & Protect Contaminated Zone

1. Place “BioHazard” signs to warn others of the contamination

2. Set containment to provide:
a. Protection from Contaminated Zone
i. PPE required
b. Clean Staging Area
i. PPE donning and doffing
ii. Equipment decontamination
c. Support Zone
i. PPE not required, but anything in this zone must be decontaminated first if travelling from Contaminated Zone.

Inspect from Source Out

1. Start where the victim or deceased was

2. Main body removal must be completed prior to work beginning a. Does not include brain matter
b. Proper handling agencies should have already been on site to remove

3. Review all building materials and contents for damage

4. Create scope for crew following the Remediation Protocol Remediation Protocol

1. Clean, Bag, and Disinfect
a. Anything salvageable, pack and take out for cleaning b. Non-salvageable items:
i. Containers that meet Bloodborne Pathogen Exposure Plan ii. Containers should not to exceed 40lbs
iii. Containers are closed, sealed with red biomed tape and labeled c. The following procedures are used with all of types of Blood or OPIM wastes:
i. They are discarded or "bagged" in containers that are:

1. Closeable.

2. Puncture resistant if the discarded materials have the potential to penetrate the container.

3. Leak proof if the potential for fluid spill or leakage exists.

4. Red in color or labeled with the appropriate Biohazard Warning Label. ii. Waste will be:

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1. Waste containers are maintained upright, routinely replaced and not allowed to overfill.

2. Whenever our employees move containers of regulated waste from one area to another the containers are immediately closed and placed inside an appropriate secondary container if leakage is possible from the first container.

General Cleaning Process- In most cases non-porous materials can be cleaned and sanitized.

Porous materials cannot be cleaned and sanitized to a standard which does not create a health hazard. Below outlines the cleaning process for the overall jobsite and specific materials.

2. Disinfect contaminated surfaces before starting, allow for dwell time

3. Remove gross material
a. Start with largest areas first
b. Soak up blood or other OPIM
c. Place in appropriate biohazard container

4. Wash completely
a. Vertical surfaces start from top and finish at the bottom b. Horizontal surfaces start from source and work outward

5. Rinse thoroughly

6. Disinfect and allow for dwell time

7. Dispose of materials
a. In proper bins in accordance with the company’s Bloodborne Pathogen exposure plan

8. Building Materials
a. Drywall
i. Ceiling

1. Work top to bottom while cleaning

2. Removal may be necessary if penetrated
ii. Walls

1. Salvageability depends on paint type used
a. Some may be scrubbed with soft bristles or sponge pads b. Spray with disinfectant and wiped until contamination removed
c. Work from top to bottom
i. If floor is unaffected, use floor protection to reduce cross-contamination
d. Rinse
e. Disinfect with proper dwell time
b. Ceramic Tile
i. Asbestos concerns
ii. Most cases can be cleaned due to non-porous
iii. Clean grout
c. Acoustic Tile

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i. Asbestos concerns
ii. Remove
iii. Clean grid
d. Wood
i. Floors

1. If floors are sealed, they generally can be cleaned and sanitized

2. If floors are unsealed or has a poor seal most likely it will be unsalvageable
a. If blood or OPIM has travelled into the seams, floor must be removed

3. Check boards, seams and under molding or baseboards

4. Clean and disinfect sealed floors
a. Start at source, clean outward
b. Spray with disinfectant
c. Remove gross material
d. Clean area
e. Rinse area
f. Disinfectant area allowing for dwell time
ii. Cabinets

1. If cabinets are sealed or painted, they generally can be cleaned and sanitized

2. If cabinets are unsealed or have a poor seal most likely it will be unsalvageable
a. If blood or OPIM has travelled into the seams, floor must be removed

3. Check boards, seams and under molding or baseboards

4. Clean and disinfect sealed wood
a. Clean starting from the top to the bottom
b. Spray with disinfectant
c. Remove gross material
d. Clean area
e. Rinse area
f. Disinfectant area allowing for dwell time
iii. Painted wood

1. Spray with cleaner

2. Scrape off big pieces (plastic scrapers will reduce scratches) iv. Open joists

1. Spray with cleaner

2. Scrape

3. Spray with disinfectant
e. Glass
i. Start at source, clean outward
ii. Spray with disinfectant

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iii. Remove gross material
iv. Clean area
v. Rinse area
vi. Disinfectant area allowing for dwell time
f. Carpet & Pad
i. Fibers will usually wick quickly so generally unsalvageable once stained ii. Cut out affected area and dispose

1. Blood and OPIM can travel therefore check the underside of the carpet to estimate the size of the stain

2. Stain will usually be larger on the underside of the carpet

3. Cut into small pieces then put into biohazard bins
g. Concrete
i. Disinfect, allow for dwell time
ii. Remove gross contaminates

1. May need run-off barriers to protect outside area or storm drains iii. Apply cleaner and scrub
iv. Catch all run off-do not drain in storm drains

1. Absorb with towel then dispose with other biohazard material

2. Absorbent material that can be swept up or HEPA vac then dispose with other biohazard material
v. Hydrogen peroxide or bleach for remaining stains
vi. May need to be repainted or sealed
vii. Same process for indoor (like garages) or outdoor (parking lots) h. Vinyl
i. Asbestos concerns
ii. If in good condition, may be cleaned and sanitized
iii. If in poor condition (cracked, cuts, anything that would make blood or OPIM leak to subfloor) most likely it will be unsalvageable

1. If blood or OPIM has travelled into the seams, vinyl must be removed iv. Check boards, seams and under molding or baseboards v. Clean and disinfect sealed floors

1. Start at source, clean outward

2. Spray with disinfectant

3. Remove gross material

4. Clean area

5. Rinse area

6. Disinfectant area allowing for dwell time
i. Other
i. Fixtures (lights, light switches, outlets, plugs, air conditioner, etc)

1. Use general cleaning process

2. If stained, dispose of with other biohazardous material ii. Bathtubs

1. Sometimes the source

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2. Generally ok to dispose of blood down the drain
a. Need to check if septic tanks are involved

3. Gross material should not go down drains
a. Catch then dispose of with other biohazard waste

4. Depending on the condition of the tub prior to damage, may be stained and not salvageable

5. Follow general cleaning process

9. Contents
a. Appliances
i. Use general cleaning process

1. Open all lids and compartments
ii. If stained, dispose of with other biohazardous material b. Computers
i. Mostly can be saved but may be needed if investigation is in progress c. Soft Goods
i. Cannot be certified as disinfected
ii. Non-salvageable
iii. If jobsite contact, family or others insist on keeping, sign release d. Upholstery
i. Generally unsalvageable once stained
ii. Cut out contamination

1. Contaminated pieces in proper biohazard bins

2. Non-contaminated pieces in regular trash
e. Mattress and Box Springs
i. Generally unsalvageable once stained
ii. Cut out contamination

1. Contaminated pieces in proper biohazard bins

2. Non-contaminated pieces in regular trash
f. Wood furniture
i. Sealed variety can usually be cleaned
ii. Open all doors and cabinets, blood and OPIM can travel iii. Clean from top to the bottom
iv. Rinse and disinfect
Deodorize- After following the general cleaning guidelines (removing the source of the odor)

1. Counteract with masking agent

2. Ventilate the area

3. Absorb the odor through the use of hydroxyl

4. Encapsulate the odor with sealer which will block odor from returning Decontaminate- Once complete, tools, equipment and workers need to be decontaminated.

Tools and Equipment:

1. Before exiting the Clean Staging Area all tools will be cleaned and disinfected

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2. Decontaminated equipment may be passed through to support zone Decontaminate Self:

1. Doff disposal PPE into appropriate biohazardous bins

2. Decontaminate re-usable PPE (respirator, work gloves, knee pads, etc.) Personal Protection Equipment (PPE)
Used to prevent exposure to blood borne pathogens, West Nile Virus, histoplasmosis, hanta virus, heat stroke and poison oak. Include, but not limited to:

Tyvek suit with hood and booties
Proper footwear under the Tyvek suits
Full face respirator
o Exception: If the work is conducted outside, N95 and safety glasses may be worn instead of full-face. The employee may choose this option due to heat consideration, otherwise they can still wear a full face.

Nitrile gloves (first layer)
Cut resistant leather gloves (second layer)
Needle grabbers
Sharps containers
At hire: Each employee is issued a PPE bag. This includes work gloves, nitrile gloves, hard hat, respirator mask, ear plugs, eye protection (safety glasses and goggles), N95 masks and 3 different types of Tyvek suits.

Daily, employees are expected to bring their PPE bag with them every day on every job.

The PPE bag does not limit the employees in taking additional PPE with them as the work scope requires. The PPE bag is a backup, all employees may get as much PPE as necessary to complete the work scope in the safest manner possible.

Steal toe boots- if a jobsite requires the use of heavy equipment.

Hard hats- if a jobsite requires the use of heavy equipment, or if work is happening above them where there is the possibility of something falling on them.

Safety vest
Fall arrest system- when working near a drop off or on a steep embankment Confined Space Entry

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Name of Business: Contra Costa County Public Works - Maintenance Division Address: 2475 Waterbird Way, Martinez, CA 94553
Contact person & Title: Jason Quinones, Field Operations Manager Phone number: 925-723-2295
E-mail address: [email protected]
Description of Services: Cap of $3,000,00 for Homeless Encampment Abatement Services andEmergency Biohazard and Restoration Services.

Name of Business: City of Pittsburg
Address: 357 E. 12th St., Pittsburg, CA 94565
Contact person: Bryan Ballardo, Public Works Superintendent Phone number: 925-252-4908
E-mail address: [email protected]
Description of Services: Homeless Encampment Abatement Services. We have done a full decontamination cleaning and removal of all the drug paraphernalia from an abandoned structure that was being used as a ‘shoot house’. We also have removed biohazards from the City’s Courthouse, Library and City Hall. We removed 16 tons in one job in a ¾ mile long canal tunnel.

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Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:

Entity Name: SHARJO, LLC
Entity No.: 1509470
Registration Date: 07/10/1989
Entity Type: Limited Liability Company - CA
Formed In: CALIFORNIA
Status: Active
The above referenced entity is active on the Secretary of State's records and is authorized to exercise all its powers, rights and privileges in California.

This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status.

No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.

IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of June 07, 202 .

SHIRLEY N. WEBER, PH.D.

Secretary of State
Certificate No.:

To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 117290730

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APPLICATION FOR

PUBLIC WORKS CONTRACTOR REGISTRATION

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ServiceMaster is properly licensed, trained, and qualified to safely handle and remove any biohazardous waste. ServiceMaster crews understand the importance of handling and disposing of biohazardous and/ or hazardous waste following all appropriate laws and regulations. It is extremely important to separate out any combustible liquid/container such as gasoline and propane tanks, motor oil, paint, lead and asbestos materials, chemicals, and corrosive materials, etc. to ensure they are not disposed of with other nonhazardous waste. Regulatory Guidelines- ServiceMaster is well versed and aligned with the established guidelines of the following agencies:

Centers for Diseases Control and Prevention (CDC)
Occupational Safety and Health Administration (OSHA)
U.S. Environmental Protection Agency (EPA)

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g) Quality Control Measures
ServiceMaster understands the importance of ensuring we will provide the City of Richmond’s Police Department with the high quality of services required to successfully conduct these types of cleaning services on a routine as well as an emergency basis. Biohazardous and crime scene cleaning services, by nature, are dangerous. We fully understand the importance of selecting a vendor that not only can do the work but will do so without issues throughout the life of the agreement. ServiceMaster will implement quality control measures that protect our own people, the public and the City of Richmond’s Police Department.

Quality control measures start at the company level: ServiceMaster is an equal opportunity employer that does not discriminate on the basis of race, color, religion, gender, gender expression, age, national origin, disability, or sexual orientation. We hire a diverse workforce at all levels and take pride in our ability to train and promote from within our company.

On the management side, we go out of our way to recognize employees that truly embody this mentality and display it at work. Including, but not limited to formal recognitions/awards all the way up to promotions and bonuses. By doing everything we can from a managerial side to provide trainings and foster a safe and respectful company culture for our own employees, it also empowers our employees to bring this same mentality with them to the job sites when interacting with the public and city representatives.

If any team member finds this type of work beyond what they can emotionally sustain, they will not be asked or required to perform such work. If team members experience any psychological issues after performing this type of work, the company will offer them professional help in understanding and dealing with their experiences.

ServiceMaster will never make our employees perform job tasks and/or work in situations that they are not fully comfortable and capable of working in. We fully understand that sometimes these trauma and biohazardous cleaning situations are not the right fit for some people. We will never discipline individuals that feel this way. Instead, we empower our staff to voice any/all concerns. That way, we can find the right type of work for them. This also helps us ensure that each person we put on these types of cleaning is the right fit for the job.

Quality control measures on the public interactions level: When performing trauma scene cleanups, team members might meet or interact with surviving family member(s). The sudden loss of a family member is one of the most traumatic events that a person can experience.

Then, at such a disturbing and stressful moment, to have a total stranger come onto the scene to perform cleanup work before the family’s real grieving process has begun makes for a difficult situation. Our team members may need to discuss business matters with an appropriate family member before work can commence. The following are best practices to follow when interacting with grieving family members:

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Have one person be the point of contact who handles all communication with anyone outside the working team.

Help those affected regain a sense of control of their situation.

Explain in as much detail as needed the cleanup steps to be taken and how long the process will take. Do not be graphic when providing details of the clean-up process.

Leave the customer with contact phone numbers as well as other pertinent documentation.

The following are practices to avoid while interacting with grieving family members:

Do not ask questions about what happened that do not pertain to getting the info necessary to assess and remediate the loss site
o Should the client wish to recount the story, use active listening skills and have empathy to the situation
Do not engage in any inappropriate conversation
Do not make any definitive statements concerning the event Empathy and understanding of the situation and the emotions that are being felt is mandatory, and this requires a level of compassion and real sensitivity. The lead technician should receive training from a professional in the field of psychology who can explain what the family members are experiencing and how to work with them both to get the cleanup job completed and to be minimally intrusive into their lives during this time of distress.

It should go without saying, but everything that occurs at a trauma scene site is confidential.

Nothing should ever appear on social media in any form about what was seen, said or performed as work. Furthermore, all photographs of the scene taken before, during and after cleanup must remain strictly confidential. All photos and documentation must be on company issued devices and not on personal phones.

Quality control measures at the jobsite: Post cleaning testing is conducted utilizing ATP (adenosine triphosphate) – A substance present in all living cells that provides energy for many metabolic processes. Swab testing results in a reading or RLU, Relative Light Units. This refractive measurement indicates the presence or absence of biological matter. As a post cleaning test RLU of 0 is desired.

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Completion of the Biohazard Cleaning Project & Invoicing Packet:

At the end of every biohazard cleaning project, ServiceMaster will notify the of its completion and provide an invoicing packet as early as one week of job completion, but never longer than 30 days. Whichever the preferred delivery time frame of the , we can easily accommodate. The invoice packets will include the projects type of debris removed, labor, materials and equipment used, before and after highdefinition pictures, biohazard/hazmat encountered, disposal costs, summary of agencies involved, and any other information that should be related to the city. The invoice packets will be supplied as per contract requirements and in the client’s preferred delivery method.

Quarterly reports will be tracked and presented by Andy Dobbs, National Account Manager.

These reports a running spreadsheet. Each report will include all the specific and important information for each category. Including, but not limited to number of sites cleaned during that quarter,
total amount of waste
removed, specific types of removed (routine trash, biohazardous waste, etc.) and total costs per quarter
.

These reports can be easily customized to meet any specific requirements of the .

Follow up
We understand the importance of our clients and maintaining strong, long-term partnerships. To achieve this, we listen to what is important to them both in the overall partnership and within each project. We clearly communicate the scope of work needed on each project, update them as work is being done, let them know if there are uncovered challenges, do everything we stated we would do, and follow up after completion to make sure they are satisfied. At the completion of every job, we have a Certificate of Satisfaction document sent to the client. Additionally, every client is asked to complete an NPS survey and track the results so we can modify our training and processes if needed.

If at any time a client feels we did not meet their expectations, we discuss the issues, determine a resolution, and correct the issue.

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a) Cleaning and Biohazard Cleaning Services
Over the years ServiceMaster has seen most of the biohazardous waste and crime scene cleanup can be properly conducted with a crew of two to three. While a skilled set of a couple technicians with one vehicle with all the needed materials, tools, PPE, etc. should be able to accommodate a large number of these requests for services, ServiceMaster wanted to include our full prevailing wage price sheet (see. p. 54-59) in addition, for your review.

Labor Rates: The below labor rates include all health, dental, vision, paid vacations, and 401K options, overhead and profit and will be the total labor costs the City of Richmond's Police Department.

Restoration Technician= $125 an hour, per Tech or $187.50 an hour, per Tech (OT/Weekend) o The Restoration Technicians will be responsible for doing any cleaning requests of us.

Project Manager= $135 an hour, per Project Manager
o Responsible for supporting the Technicians in the field with everything needed to safely and efficiently conduct the cleanings. Would be brought in on any larger, or challenging cleaning projects.

Admin. Asst./Clerical= $47 an hour, per Admin. Asst./Clerical o An average of one hour total needed per cleaning project.

National Account Manager= $0 charge to the City of Richmond's Police Department. Andy Dobbs will serve as the main point of contact for the City of Richmond's Police Department. Even though there is not going to be a charge for his time, he will also commit to managing the contract, be available to receive new job requests, provide updates on job progress, communicate any issues, and ensure accurate billing invoice packets are sent to the client.

Andy will also be available to attend any monthly/quarterly meetings needed. At these monthly/ quarterly meetings he will present a report on all request for services from the previous term, the cost, and any other information the client would like. These reports are easily customized to meet any contract and client preferences.

Branch Manager, Regional Manager, or Chief Operating Officer= $0. the City of Richmond's Police Department will not incur a charge for any time spent on a project from these roles.

Administrative Costs: We provided the cost for any possible charge that is separate from the labor rates. Further explanation is needed because not all of these will be charged each day and will vary based on the size and severity of a specific job. If there is a large biohazardous cleaning job that would require a large labor force/more labor hours and would as well require more materials, equipment and amount of disposal charges in comparison to smaller jobs, so we hope this explanation helps add further clarification.

B. Cost
Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
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Materials & Equipment
Bags, 6 mil, Black= $109 for a roll of 75 bags. These are used to bag/transport nonhazardous waste. The City of Richmond's Police Department would only be charged the amount used for the day and would be reflected in the invoice packet.

Tyvek suits with hood and boot= $14 per pair, per technician. The City of Richmond's Police Department would only be charged the amount used for the day and would be reflected in the invoice packet.

Full Face Respirator Mask= $22.50 each. One per technician per day, in general.

Respirator P-100 Pancake Filter= $25 each.

Gloves, Latex Disposal= $37.50 for a box of 100. The City of Richmond's Police Department would only be charged the amount used for the day and would be reflected in the invoice packet.

Gloves, Leather= $13 per pair. Our technicians are instructed to treat these as their own and attempt to use them as long as possible, if they are able to be safely cleaned.

Duct Tape= $8 per roll. The City of Richmond's Police Department would only be charged the amount used for the day and would be reflected in the invoice packet.

Vehicles (Box Truck, Hydraulic Demo Truck, Van- Cargo/Passenger and Field/Supervisor ½ Ton Truck) The City of Richmond's Police Department would only be charged the rate per hour used per vehicle and that charge would be reflected in the invoice packet.

To add a little more clarity on the vehicles, here are the most common ways they are used for this type of work: Smaller jobs that only need two technicians would only need one vehicle. As the jobs increase in size and severity, where more labor force is required so would the need for additional vehicles. We will perform best practices and use only the required vehicles for the day/specific job.

Hazardous Material Disposal= $250 for a 55-Gallon Drum.

Disposal Charge (Non-Hazardous)= Disposal cost plus 20%. The City of Richmond's Police Department would only be charged the daily disposal used for the day and our invoice packet would also include the actual dump receipt as proof of accurate charge to the client.

Small Tools Charge= 3% of the total labor charge each day.

Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
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b) Emergency Response Services
The hourly rate of all services, including routine/planned, deep cleaning, biohazardous cleanings and any emergency response services will be the same as above. The only variable being the time of day/night.

Restoration Technician= $125 an hour (Monday- Friday 7am-5pm) Restoration Technician= $187.50 an hour (5pm-7am and weekends) Project Manager= $135 an hour (Monday- Friday 7am-5pm)
Project Manager= $202.50 an hour (5pm-7am and weekends) • All material, equipment, tools and/or any additional fees will not be impacted by the time/day of the requested services.
• ServiceMaster is an emergency response restoration vendor. We fully understand the importance of being able to respond to requests for services immediately. Our general response time upon first notification of a loss/request for services is 1-3 hours. We can 100% guarantee our response times will be within, or sooner than the City of Richmond Police Department’s 4-hour maximum response time.

While our Concord branch will be mainly responding to any new, or emergency cleaning services request and will have no issues being on-site within the 4-hour maximum response time but should there be a reason this branch cannot get there in time, we can deploy from multiple other branches (Benicia, Santa Rosa or Milpitas). No matter what ServiceMaster will be able to respond 24/4/365 and be on-site within 4-hours. • ServiceMaster will not be charging an additional fee for emergency response services.

ServiceMaster has provided these services for many public entities in the Bay Area, and we are committed to the long-term type of partnership as well. We are more than happy to customize our labor force, materials, and equipment to fit your exact needs. If our rates and how we provided the additional explanation does not conform to your already existing model, we would greatly appreciate the opportunity to discuss with the City of Richmond's Police Department representative so we can get a better understanding what you are exactly looking for and come back to you with any alterations you would like.

Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1243
C. Scope of Services
The detailed description of ServiceMaster’s cleaning processes, techniques and how regulatory compliance and safety standards on p. 21-29 provides evidence that ServiceMaster can meet or exceed all the requirements of the Scope of Services.

ServiceMaster will follow all protocols for cleaning and disinfecting the Police Department gym, bunk house, temporary holding facilities, other facilities of the Police Department and Police Department vehicles. As well as cleaning disinfecting, and sanitizing crime scenes in residential areas, commercial areas, vehicles, and open-air public and private areas withing the City of Richmond.

ServiceMaster is fully capable and willing to respond to crime scenes, traffic collisions, jails, City buildings, City property, City vehicles and will fully remove and dispose of ALL biohazardous waste. Including, but not limited to, bodily fluids, drug paraphernalia, sharps, clothing, sewage discharge, vomit, blood, marijuana destruction and/or any other waste the City of Richmond and the City of Richmond’s Police Department needs us to take care of.

Declarations
Livescan Background Checks: ALL ServiceMaster employees must go through a background check. Including, but not limited to a Livescan background check. So, we will have no issues participating in this, or any other background checks required by the Police Department.

Assignment of Sub-Contractor: Hazardous Disposal- ServiceMaster will utilize a vendor only to complete the actual disposal of hazardous waste:
• Blood and OPIM will be disposed of through approved vendor, Easy Waste Management.
• Marijuana destruction will be handled through approved vender, Easy Waste Management . Vendor will supply a Record of Destruction log to include (but not limited to) the date, time, substance, name, signature, and location of destruction or disposal/quantity of biohazardous waste.
• We have worked with this vendor on a routine basis for years and have never had an issue with their response time, quality of work and ability to maintain and/or produce any Record of Destruction logs that abide by all federal, state and local laws and regulations. We are fully confident there will be no issue obtaining these logs to be submitted to the City of Richmond’s Police Department on a monthly basis.

Exceptions to this Request for Proposals: ServiceMaster has reviewed the RFP and the City of Richmond’s Standard Contract Agreement (Attachment 1), and state we have NO exceptions to either. Additionally, we state we have fully reviewed the C. Scope of Services and declare we meet or exceed all the requirements within and would be fully able to provide all these services throughout the life of the potential three-year term.

Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1244
Statement of Impartiality and Disclosure: ServiceMaster as the prime vendor and Easy Waste Management as the sub-vendor declare we are not currently, and will not, during the performance of these services, participate in any similar work involving a third party with interests currently in conflict or likely to conflict with the City of Richmond’s interests.

Pending or Active Investigations or Litigations: ServiceMaster affirmatively states we have no pending investigations or litigations and have had no contract failures, no civil or criminal investigations or litigations pending within the last five years.

Insurance Requirements: ServiceMaster has current insurance that meets the City of Richmond’s standards. See p. 69.

Business Licenses: ServiceMaster currently has a City of Richmond Business License and will ensure to renew it annually throughout the term of the agreement. See p. 34.

Compliance with City Ordinances: ServiceMaster has reviewed and will comply with the City of Richmond’s City Ordinances.

Collusion: ServiceMaster declares our proposal is genuine and on behalf of ours alone. We have not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal. We have not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.

Sharjo, LLC
dba ServiceMaster Restoration Services
195 Mason Circle
Concord, CA 94520
Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1245
Time & Material Rate Sheet
Prevailing Wage Rate Sheet - California
Prices good through December 31, 2026

RESTORATION LABOR CLASSIFICATION RATES
Project Coordinator (PC)* $ 175.00
Account Coordinator - National Accounts (AC)* $ 175.00
Project Manager (PM) $ 135.00
Assistant Project Manager (APM)/Superintendent $ 145.00 Restoration Supervisor (RS) $ 135.00
Resource/Supply Coordinator (RC) $ 125.00
Restoration Tech (RT) $ 125.00
Project Auditor (PA) $ 145.00
Certified Mold Remediation Technician (CRT) $ 135.00
Health & Safety Officer (HSO) $ 150.00
Admin Assistant / Clerical (CL) $ 47.00
Restoration Labor (RL) $ 112.50

1. The company shall be compensated for Per Diem for out of town workers at the rate of $60 per person, per day for each day personnel (excluding casual labor, unless otherwise negotiated) work on the project plus twenty one percent.

Labor Considerations

1. The above rates apply to personnel engaged to fulfill the terms of the contract, whether regular full time employees of ServiceMaster Recovery Management (SRM), employees of ServiceMaster franchisees, temporary hires employed directly by SRM or personnel secured through a labor service or vendor source.

2. Standard rates will apply to the first 8 hours worked per day. Overtime (1.5 x the standard rate) will be charged for hours worked over 8 hours per day .

3. Work on Saturdays and Sundays will be charged at 1.5 x the standard rate for all hours worked.

4. In the event SRM personnel are dispatched to perform emergency services between the hours of 5 p.m. and 8 a.m., those hours will be charged at 1.5 times the standard rate.

5. All hours worked on SRM recognized holidays (New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day) will be charged at 2 times the regular rate.

6. In the event that SRM is required to pay time and a half for any work performed, pursuant to State or Federal law, the rates charged will be 1.5 times the standard hourly rate.

8. Prevailing Rate: (Davis Bacon Act) Prevailing rates will be paid on all applicable jobs that fall under the (Davis Bacon Act) Prevailing Rate Wage. Rates will be obtained from State where work is being performed. THE CUSTOMER will be responsible for notifying SRM if Prevailing rates apply. SRM will adjust rates as necessary.

7. In the event that SRM is required to pay double time for any work performed, pursuant to State or Federal law, the rates charged will be 2 times the standard hourly rate.

Labor Considerations: Continued

9. To the extent the work under a particular contract is subject to Federal and State minimum wage or hour laws or collective bargaining agreements which modify SRM standard rates and practices, adjustments shall be made to the hourly rate and other labor provisions as necessary.

10. When circumstances beyond our control require Personnel or casual labor under contract to be delayed from beginning work, the Standard Rate/Hour will be charged per labor category, per person delayed.

11. Travel Time shall be billed at the applicable labor rate for personnel traveling to and from a job.

12. Management of Customer Labor force line is utilized when SRM is managing the customer's labor force. The customer is responsible for paying the wages, associated taxes, benefits and insurance for their own employees.

13. SRM Reserves the right to add additional labor classifications with rates determined by SRM.

14. 4.**** Labor Rates listed exclude environmental, hazardous materials, bio-hazard, and trauma cleanup services.

Travel and Subsistence Considerations
Labor ServiceMaster Recovery Management Initials _______ Page 1

FULL PREVAILING WAGE PRICE SHEET
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Taxes and Fees

1. The rates contained in this Schedule are exclusive of any associated permits or fees. Those Permit costs and Fees shall be billed by the company to the customer, and shall be compensated for all such costs on the basis of actual costs incurred for such items plus 20%.

2. Federal, state, and local taxes will be charged at cost as required by laws where services are provided. If the customer is Tax Exempt, it must make the company aware of this exemption, and provide the company with copies of all such supporting Tax Exempt status. Any Tax incurred by the company prior to such notification of a Tax Exempt status, shall be reimbursed to the company by the customer. All taxes are not included in any "Not to Exceed" or "Lump Sum" Contract, and shall be treated as additional billing above and beyond these amounts.

Catastrophe Considerations

1. A Catastrophe Surcharge of 5% of the total billing will be added to all billing to capture the significant costs required in the coordinated response to a catastrophic event which are not specifically addressed elsewhere in the rate schedule. Examples of these charges would be management, administrative support, warehousing, procurement and logistics.

2. In the event of a large scale regional event which prevents the use of traditional hotel accommodations, an allowance may be calculated to reflect the necessary alternatives such as travel trailers, mobile housing units, or man camps.

General Considerations

1. A small tools charge of 3% will be assessed on labor charges, with the exception of Project Manager, Assistant Project Manager, Project Accountant, and Clerk.

Subcontracted Services

3. SRM shall be compensated for Lodging at the rate of cost plus 20%.

2.Travel and related expense charges will be invoiced at cost plus 21%

1. Subcontracted services will be invoiced at cost plus 20%.

Labor ServiceMaster Recovery Management Initials _______ Page 2 Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1247
Company Supplied Materials
*Note that chemicals marked with an “*” are concentrated chemicals.

Prices Good through December 31, 2026
Cleaner, Carpet & Upholstery UNIT UNIT COST Cleaner, Hard Surface UNIT UNIT COST FF Liquid Ultra Clean P (23464)* Gallon $ 44.46 All Purpose Cleaner 2 (32994)* Concentrate Gallon $ 37.58 FiberFresh Allclean (23214)* Gallon $ 29.33 Cleaner, HVAC Coil (Can) (16294) Each $ 24.59 FiberFresh Release 3 (23375) Lb $ 361.17 Floorstar Cleaner - Terrazzo, Marble & Wood Gallon $ 22.00 Foam Control (23034) Gallon $ 72.88 FloorStar DuoClene (32154)* Concentrate Gallon $ 14.67 Green for Carpets (23704)* Gallon $ 31.76 Floor Star Grout Piranha Gallon $ 31.13 Rust Remover (37052) Pint $ 9.17 FloorStar Heavy Duty Floor & Equipment Degreaser II (32584)* Concentrate Gallon $ 27.54 Solvent Upholstery Cleaner (23004) Gallon $ 47.21 Floor Star Light Duty Cleaner * Concentrate Gallon $ 17.88 SolvOil Advanced(27914) Gallon $ 70.58 GlassClene Pro (23424)* Concentrate Gallon $ 23.83 Lubricant, Electrical UNIT UNIT COST GlideRinse 4 (33204)* Concentrate Gallon $ 29.33 LPS 1 - Lubricant - or equivalent Gallon $ 125.73 Green for Degreasing (33404)* Concentrate Gallon $ 38.02 LPS 2 - Lubricant - or equivalent Gallon $ 91.65 Green for Floors (33504)* Concentrate Gallon $ 38.02 LPS 3 - Rust Inhibitor or equivalent Gallon $ 185.90 Green for restrooms (23944)* Concentrate Gallon $ 32.25 General Consumables UNIT UNIT COST Scrub N' Shine Plus (23249) Quart $ 7.33 Bags, (6 mil 33"x 50"), black Roll / 75 $ 109.00 SM Lemon Furniture Polish (23919) Can $ 8.56 Bags, Contractor (3 mil) 33' x 48" A81834 Box / 50 $ 54.03 Stainless Steel Polish (23889) Can $ 11.62 Blue Block Carpet Protectors (40035) Case/1008 $ 85.51 Wallglide BioLift 25315 5 Gallon $ 229.17 Bottled Water (case 24) Case $ 12.10 Wallglide BioSeal 25325 5 Gallon $ 504.17 Builder's Board, 48" x 100' Roll (RamBoard) Roll $ 216.33 WallGlide DeepClene (23534)* Concentrate Gallon $ 32.14 Builder's Board, 38" x 100' Roll (Ramboard) Roll $ 141.68 WallGlide Plus - ER (23274)*(Green) Concentrate Gallon $ 42.17 Carpet Protector Foil Tabs (3" x 3") [SM600182] Case/5000 $ 146.67 WallGlide Plus (23244)* Concentrate Gallon $ 43.47 Carpet Shield, 200' Roll 56188 Roll $ 104.50 Mitigation UNIT UNIT COST Clothing, Dust Coveralls Each $ 10.50 Benefect 20475 Botanical Broad Spectrum Disinfectant Gallon $ 89.83 Clothing, Tyvek coverall with hood and boot Each $ 14.00 Benefect Atomic Degreaser Gallon $ 73.33 DEF Fluid 2.5 Gallon $ 27.50 Benefect Decon 30 Gallon $ 80.48 Disposable Rubber Boot covers pair $ 11.40 Bioesque Degreaser Gallon $ 53.99 Duct, Lay Flat (500') - 20" LF $ 1.30 Bioesque Disinfectant Gallon $ 61.45 Duct, Lay Flat (500') - 12" LF $ 1.00 Bio Spray Solution Gallon $ 64.17 Dust Mask, HEPA (N95) Box / 10 $ 40.00 Chemical Sponges , Dry Cleaning Sponge (42082) Each $ 4.00 Duster, 51" Handle Hand Each $ 91.12 DP #1 Poly Sheeting Hangers (Case) Case/100 $ 412.89 Filter f/ portable dehu Each $ 47.81 DP #3 BLUE Plastic Poly Hangers (Case) Case/100 $ 663.69 Filter, Air Scrubber - Carbon Treated 16 x 16 x 2 Each $ 31.59 Fosters 40-20 Fungicidal Protective Coating (white pigmented) 5 Gallon $ 763.36 Filter, Air Scrubber - Charcoal 16 x 16 x 2 Each $ 207.08 Painters Plastic (12'X400') .31 mil Roll $ 45.00 Filter, Air Scrubber - Carbon Treated 24 x 24 x 2 Each $ 33.61 Plastic Sheeting (20'X100') 4-Mil Roll $ 148.70 Filter, Air Scrubber - Charcoal 24 x 24 x 2 Each $ 302.56 Plastic Sheeting (20'X100') 6-Mil Roll $ 196.00 Filter, Air Scrubber - HEPA block Each $ 320.25 Plastic Sheeting 6-mil Fire Retardant 12' x 100' Roll $ 331.00 Filter, Air Scrubber - Pleated Secondary Each $ 16.46 Plastic Sheeting 6-mil Fire Retardant, Anti Static 20 x 100 Roll $ 1,340.61 Filter, Air Scrubber - Primary media Each $ 4.50 Prokure V 0.84 oz liquid Each $ 65.91 Filter, OdorKlenz Odor Elimination Filter, 16" x 16" (NANO) Each $ 151.25 Prokure V 4.2 Oz liquid Each $ 183.24 Filter, OdorKlenz Odor Elimination Filter, 24" x 24" (NANO) Each $ 275.00 SaniMaster, disinfectant * Concentrate 23794 Gallon $ 61.88 Filter, Vacuum - HEPA Dust Bags Each $ 11.00 Serum 1000 5 Gallon $ 304.57 Filter, Vacuum - HEPA Large Each $ 406.00 Bio Planet Multi purpose Disinfectant Gallon $ 42.50 Filter, Vacuum - Medium Each $ 213.23 Vinyl Oxide Hospital Disinfectant Gallon $ 72.00 Filter, Vacuum Bags Each $ 2.60
Floor Adhesive Remover 5 Gallon $ 149.01 Roto Pads UNIT UNIT COST Floor protection - Sticky Mats 33" x 38" 30 per pad Each $ 89.00 Various Scrub Pad, 15-20" for Floor machine Each $ 10.56 Furniture Blanket - 72" x 80" - 1 time charge Each $ 27.65 Deodorization UNIT UNIT COST Gloves, Latex / Nitrile Disposable Large (41508) Box/100 $ 37.50 Odor Neutralizer (23398)* Concentrate Quart $ 43.54 Gloves, Leather palm work Pair $ 13.00 Unsmoke Unsoot #1 (114807) Gallon $ 93.84 Gloves, Cut Resistant Pair $ 22.50 OdorGo Fresh Wave Natural Odor Eliminator Gel (25512) 24 oz jar Quart $ 100.83 Gloves, Work Cotton (41070) Pair $ 3.00 OdorGo Room Deodorant Pro (23259)* Concentrate Pint $ 9.93 Hand Pad, Medium duty, Green 6" x 9" (44501) Pack/10 $ 10.08 OdorGo Smoke Odor Concentrate * (24204) Gallon $ 134.27 Hand Pad, Scouring Sponge, White/ Yellow A87318 Pack/10 $ 18.46 OdorGo Thermal Fog (23184) Gallon $ 110.70 Hand Pad, Octopus , Scrub pad for handle (44503, 44504, 44505) Pack/5 $ 22.28 OdorX Bad Odor Blocks Each $ 7.08 Hog Rings Box $ 17.38 OdorX Thermo 55 (solvent based) Gallon $ 161.13 Mop Head Each $ 18.06 Prokure D Gas 50 grams Each $ 89.38 Respirator P-100 Pancake Filter (Pair) Pair $ 25.00 Prokure G Gas 25 Grams Each $ 73.24 Respirator P-100 Vapor filter (Pair) Pair $ 46.22 Packing / Moving UNIT UNIT COST Restorator Cartridge, Vaportek (15474) Each $ 163.33 Box, File, Book /Freeze Dry 15" x 12" x 10" Each $ 7.15 Sealer, soot, white pigmented, oil based 5 Gallon $ 453.13 Box, Dish Pack Each $ 12.56 Shoecovers,Poly,X-Large 1651-2612 150 Pair $ 83.73 Box, Small 1.5 - 2 Cu. Ft. Each $ 3.45 Silver Armour Encapsulant 2600-0632 5 Gallon $ 429.00 Box, Medium, 18" x 18" x 16" Each $ 5.94 Spray Adhesive, M77 or equivalent Can $ 15.99 Box, Large 18" x 18" x 24" Each $ 7.50 Spray bottle w/trigger Each $ 4.95 Bubble Wrap 12" x 750' Roll $ 82.50 Tape, Blue Painters - 2" wide or greater, 60 yards long Roll $ 19.30 Bubble Wrap 12" x 250' Roll $ 40.33 Tape, Caution, (1000 FT) Roll $ 36.61 Corrugated Paper 24" x 250' roll Roll $ 67.83 Tape, Double sided 2" x 36 yards Roll $ 22.65 Inventory Tags Box / 1000$ 45.83 Tape, Duct Roll $ 8.00 Packing Paper (50 lb) Bundle $ 99.00 Tape, HVAC (Aluminum) Roll $ 62.66 Tape, Brown packing 2" x 60 yds Roll $ 12.74 Tape. Preservation Roll $ 28.06 Tarps UNIT UNIT COST
Tape, Builder board tape Roll $ 32.85 Poly Tarp 8'X12' Each $ 29.33 Towel, Dust Cloth, Treated 24"x24" (41530) Box/50 $ 293.98 Poly Tarp 12'X16' Each $ 60.50 Towels, Microfiber - per dozen Dozen $ 22.00 Poly Tarp 16'X20' Each $ 99.00 Towels,Terry Towels Dozen $ 33.40 Poly Tarp 20'X30' Each $ 96.00 Vacuum Accessories, 3" round brush Each $ 14.61 Poly Tarp 20'X40' Each $ 249.33 Wall Washing Pads Each $ 2.95 Poly Tarp30'X50' Each $ 467.50 Wrap, Stretch 18"' X 1500' Roll $ 61.82 Tarp Clips Each $ 4.02 Zipper, Zip wall per package of 2 Box $ 47.81
Materials Considerations

1. The rate schedule lists the most commonly used items. SRM reserves the right to add items to the materials / Consumables schedule during the course of the work.

Materials ServiceMaster Recovery Management Initials _________Page 3

2. Non-scheduled materials purchased for the completion of the work will be billed at cost plus 20%.

Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1248
Company Supplied Equipment
Prices good through December 31, 2026
General Unit Daily Distribution Equipment / Lighting Unit Daily 20" Roto Floor Machine Ea. $ 55.00 #2 banded 5 wire cable 50' section * Ea. $ 38.00 Technology Package - Per User (Software, Computer,
Tablet, Printer, and accessories) Ea. $ 50.00 #2 banded 5 wire female / Male tail * Ea. $ 20.00 Air Compressor Accessories Ea. $ 10.00 4/0 Cable, CamlLock 100' * Ea. $ 44.00 Air Compressor, Portable electric * Ea. $ 40.00 4/0 Cable, CamLock 50' * Ea. $ 22.00 Air Scrubber 1500 CFM to 4000 CFM * Ea. $ 150.00 Cable, CamLock T * Ea. $ 10.00 Air Scrubber <1500 CFM * Ea. $ 75.00 50' Spider box cable 6/4 * Ea. $ 32.00 Airless Sprayer * Ea. $ 125.00 100' Spider box cable 6/4 * Ea. $ 64.00 Media Blasting Unit - (Comp. Not Incl.) Ea. $ 800.00 4/0 pig tail leads male / female * Ea. $ 10.00 Portable Carpet Cleaning Machine * Ea. $ 125.00 100 Amp Distribution Panel * Ea. $ 115.00 Cart, Flat Cart Ea. $ 30.00 200 Amp Distribution Panel * Ea. $ 195.00 Cart, Poly Dump Cart Ea. $ 35.00 400 Amp Distribution Panel * Ea. $ 275.00 Dolly - Appliance Ea. $ 18.00 225KVA 480v-208v transformer * Ea. $ 380.00 Drill, Cordless Ea. $ 10.00 Light, Demo / Drop / Stand /String * Ea. $ 15.00 Drum, Plastic DOT safety with base Ea. $ 10.00 Light Tower, Diesel - Tow Behind * Ea. $ 150.00 Dry Cleaning Unit (Portable) Ea. $ 140.00 Wobble Light * Ea. $ 45.00 Extraction Unit - Truck mounted (Per 8 hour shift) Ea. $ 500.00 Pig tail, Stove Adapter 50 Amp * Ea. $ 6.00 Extraction Unit (Portable Carpet) * Ea. $ 125.00 Quad Box String (QBS) 30' GFI * Ea. $ 32.00 Floor Scraper, Electric Walk Behind * Ea. $ 225.00 Quad Box String (QBS) Extension * Ea. $ 18.00 Fogger, Thermal (Gas Powered) Ea. $ 90.00 Ramps, Cable * Ea. $ 15.00 Fogger, ULV / Thermal (Electrical) Ea. $ 44.00 Spider Box * Ea. $ 64.00 Furniture Blankets * Ea. $ 2.50 50' Pin/Sleeve Extension * Ea. $ 35.00 Ground Fault Interupter (GFI) * Ea. $ 5.00 Drying / Mitigation Equipment Description Unit Daily Heater, Portable Propane Ea. $ 40.00 25 Ton DX Air Conditioner * Ea. $ 1,200.00 Hose, 1 1/2" - 2" water supply (Firehose) 50' Ea. $ 13.00 30 Ton DX Air Conditioner w/ Dehumidification * Ea. $ 1,425.00 HVAC Cleaning System (portable) * Ea. $ 250.00 1.5 kW Portable Electric Heater * Ea. $ 25.00 HVAC Video / Tool Robot Ea. $ 150.00 60kW Electric Heater * Ea. $ 335.00 Hydroxyl Generator, Boss XL3 Ea. $ 250.00 90kW Electric Heater * Ea. $ 425.00 MI-FI Wireless internet Router Ea. $ 8.00 150kW Electric Heater * Ea. $ 520.00 Mop Handle, Bucket and Wringer Ea. $ 5.00 Air Mover / Axial Fan * Ea. $ 30.00 Ozone Machine - Portable * Ea. $ 175.00 Dehumdifier, LGR - 80 - 130 AHAM PPD * Ea. $ 130.00 Phone, Portable Satellite (airtime charged seperately) Ea. $ 32.55 Dehumidifier, LGR - >130 AHAM PPD * Ea. $ 182.00 Pressure Washer - 1000 psi electric cold water * Ea. $ 75.00 Desiccant Dehumidifier 1000 CFM Ea. $ 520.00 Pressure Washer - 1500 - 3500 psi gas cold water * Ea. $ 100.00 Desiccant Dehumidifier 2000 CFM Ea. $ 1,005.00 Pressure Washer - Hot Water portable * Ea. $ 135.00 Desiccant Dehumidifier 300 CFM Ea. $ 238.00 Pump, Sump - 3/4" submersible Ea. $ 40.00 Desiccant Dehumidifier 5000 CFM Ea. $ 1,475.00 Pump, Trash 2" - 4" gas trash pump * Ea. $ 162.00 Dessicant Dehumidifier 7500 CFM Ea. $ 1,860.00 Pump, Trash 2" discharge hose 50' Ea. $ 13.00 Desiccant Dehumidifier 10000 CFM Ea. $ 2,375.00 Pump, Trash 3-4" diesel * Ea. $ 246.00 Desiccant Dehumidifier 15000 CFM Ea. $ 3,500.00 Radio, 2 way / cell phone - Job Site Communication Ea. $ 16.00 Ducting, 20 - 25" x 25' event pipe (Non insulated) * Ea. $ 27.00 Sander, Palm Ea. $ 5.00 Ducting, 12" x 25' (Non insulated) * Ea. $ 18.00 Saw, Chain Ea. $ 25.00 Duct Connection, 20" Wye * Ea. $ 20.00 Saw, Kett Ea. $ 35.00 Duct Reducer, 20" to 12" * Ea. $ 15.00 Scaffold, (Baker / Perry - per section) * Ea. $ 42.00 Injecti-Dry System or similar * Ea. $ 145.00 Tent, 10' x 10' outdoor canopy * Ea. $ 32.00 Insulated Heater Duct 20" x 25' * Ea. $ 32.00 Tent, 20 x 40 Outdoor Event * Ea. $ 100.00 Insulated A/C Duct 20" x 25' * Ea. $ 32.00 Trash Barrel / Trash Can Ea. $ 5.00 Moisture Mapping kit (meters and accessories) * Ea. $ 65.00 Ultrasonic Bath, Large * Ea. $ 375.00 Portable AC Unit - 2 Ton * Ea. $ 228.00 Vacuum, HEPA * Ea. $ 100.00 Recording Micromanometer * Ea. $ 75.00 Vacuum, Shop (Canister or Wet/Dry) * Ea. $ 30.00 Voltage Testing Equipment * Ea. $ 20.00 Vacuum, Upright Ea. $ 15.00
Wall Trowel (wall cleaning system) Ea. $ 22.75
Water dispersement diaphragm with regulator-6 station Ea. $ 120.00 Wheelbarrow / Floor Dolly Ea. $ 6.00
Zip Wall Poles (Pair) * Ea. $ 20.00
Note: Please note that costs reflect 2024 pricing, and these are reviewed and adjusted annually.

Equipment ServiceMaster Recovery Management Initials ________ Page 4 Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1249
Company Supplied Equipment: Continued
Prices good through December 31, 2026
Generators Unit Daily Vehicles / Trailers Unit Daily
Generator < 10KW (10000 watt) * Ea. $ 135.00 10k 42' to 48' Telehandler * Ea. $ 978.00 Generator 20KW * Ea. $ 390.00 Mileage - 3/4 ton, 1 Ton, Box Truck Ea. $ 0.85 Generator 40KW * Ea. $ 480.00 Mileage - Car / Van / LT PU Ea. IRS Rate Generator 60 KW * Ea. $ 595.00 Mileage - Semi Truck Ea. $ 5.50 Generator 100 KW * Ea. $ 852.00 Semi Truck - Tractor Only Ea. $ 350.00 Generator 150 / 175 KW * Ea. $ 960.00 Trailer - Flatbed < 20' Ea. $ 30.00 Generator 200 / 275KW * Ea. $ 1,055.00 Trailer - Flatbed 21' - 35' Ea. $ 50.00 Generator 320 KW * Ea. $ 1,475.00 Trailer - Enclosed < 20' Ea. $ 40.00 Generator 350 KW * Ea. $ 1,925.00 Trailer - Enclosed 21' to 35' Ea. $ 55.00 Generator 500 KW * Ea. $ 2,800.00 Trailer - 30' Gooseneck Heavy Duty Ea. $ 145.00 Generator 750 KW * Ea. $ 4,885.00 Trailer - 45' Gooseneck Heavy Duty Ea. $ 185.00 Generator 1,000 KW * Ea. $ 5,775.00 Trailer - 20' Mobile Office Ea. $ 125.00 Generator 1,500 KW * Ea. $ 7,800.00 Trailer - 46' Mobile Office Ea. $ 175.00 Generator 2,000 KW * Ea. $ 7,950.00 Trailer - 53' Semi Mobile Office Ea. $ 200.00 Safety Packages Unit Daily Trailer - 43' to 53' Semi Box Ea. $ 200.00 Personal Fall Protection (PFP) - Harness and Lanyard * Ea. $ 32.00 Trailer - hydraulic dump trailer(does not include dump fees) Ea. 115.00 $
Personal Protection Equipment (Hard Hat, Goggles, Vest, Pair Gloves) * Ea. 13.50 $ Trailer - Duct Cleaning unit and equipment (compressor and vacuum) Ea. 850.00 $ PPE Package w Respirator - (Hard Hat, Goggles, Vest, PR Gloves, Respirator - no filters) * Ea. 22.50 $ Utility / personal transportation cart (i.e golf cart) Ea. $ 45.00 Specialty Equipment Unit Daily Vehicle - Box Truck - up to 23' Ea. $ 175.00 Bio Spray CO2 tank Ea. $ 15.00 Vehicle - Box Truck - 24' Ea. $ 225.00 360 Camera Ea. 150.00 $ Vehicle - Field / Supervisor (Car, 1/2 ton truck, SUV) Ea. $ 76.00 Bio Spray Unit Ea. $ 225.00 Vehicle - Mobile Command Center Ea. $ 275.00 Drone - Video/Photo Ea. $ 200.00 Vehicle - Pulling Truck 3/4 Ton + Ea. $ 150.00 Electrostatic Sprayer Ea. $ 225.00 Vehicle - Van - Cargo / Passenger Ea. $ 125.00 Extractor, Ride on Type (Xtreme Xtractor) Ea. 150.00 $ Vehicle - RV/Travel Trailer (excludes utilities/site fee) Ea. 150.00 $ Fuel Transfer Tank - 100 gallon Ea. $ 52.00
Fuel Transfer Tank Demand Pump (for fuel delivery system) Ea. $ 30.00 Fuel Transfer Trailer - 750 Gallon Ea. $ 280.00
Infrared Camera - Thermal Imaging Ea. $ 125.00
Matterport Imaging System Ea. $ 350.00
Rescue Mat Panels Ea. $ 49.00
Rescue Mat System, Wood Floor drying system Ea. $ 75.00 Equipment Considerations

1. The listed rates are to be applied to all equipment used in the performance of the work for any calendar day or portion thereof in which the equipment is used.

5. Equipment that is held at the customer’s request, but not in use, will be invoiced at the full daily rate (or weekly rate if applicable to the type of equipment being held). In the event the equipment is from a 3rd party vendor then the equipment will be charged at cost plus 20%.

7. SRM shall invoice the customer for the transportation of equipment and materials to the project, and for the return of equipment and materials back from the project at cost plus 20% for 3rd party vendors. Transportation by SRM staff will be invoiced at the scheduled rates, plus applicable mileage charges.

2. During the course of work, SRM may find it necessary to purchase equipment not scheduled under the Daily Rate. In those situations, the Daily Rate shall be an acceptable industry daily rental rate determined by SRM.

3. The rental rate and associated charges for any item of equipment rented from a third party vendor, used in the performance of the Work, whether it is on the schedule or not, shall be billed at cost plus 20%.

Note: Please note that costs reflect 2024 pricing, and these are reviewed and adjusted annually.

8. Equipment Terms: *Applicable Equipment Terms will be applied based on the following defined rule – Each Piece of Equipment must run for 7 days to qualify for weekly rate and run for 30 days to qualify for Monthly Rate. Weekly rate is 5 x Published Daily Rate and Monthly is 20 x Published Daily rates. The first seven days will not be eligible for terms.

4. If any company owned, leased or rented asset is damaged or rendered unfit for use by the actions or inactions of the customer, its agents or representatives, the customer if negligent, shall be responsible for replacing such asset at their expense.

6. SRM reserves the right to add to the equipment schedule during the course of the work.

Equipment ServiceMaster Recovery Management Initials ________ Page 5

9. Vehicle and Equipment rates do not include cost of fuel, DEF, and preventative maintentance.

Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1250
Adj. Wrench, 8”, 10”, 12” Generator Aux. Adapter, 220V Scissors Bar, Crow (Small, Large) Fire Extinguisher Scraper, Long Handle Bar, Flat Pry First Aid Kit Shears, Sheet Metal, Hand
Bolt Cutters Flashlight, w/o Batteries Shovel, Scoop
Broom - Corn, Street, Push Fuel Can, Diesel Shovel, Spade Brush, Scrub, 6”, Flat Hammer Shovel, Square
Brush, Scrub, s/ 4” Handle Hammer, Sledge Siphon Pump
Brush, Scrub, w/ 20” Handle Hand Truck Socket Set, 3/8” Brush, Tooth Heater, Electric Sprayer, Pump (Hudson)
Brush, Wire Ice Chest Squeegee, Window and Floor
Buckets Ladders (below 14') Staple Gun
Bulb, Demo Light Layflat Tie / Cord / Twine Table
Chain, 25’ Lengths Lock, Master, #1, #5 Tape Gun
Chairs - folding Lock-Out, Tag-Out Kit Unger Pole w/ Fixi Clamp Chalk and Chalk Line Pallets jacks Washtub
Drill Bit Set MSDS Water Cooler
Drinking Cups Pan, Dust Water Hose - up to 150' per job Extension Cord, 3-Way Plug Putty Knife Water Hose Spray Nozzle Extension Cord Repair Kit – Hose, Airless, Electri. Water Hose Y Connector Fuel Can, Gas Rope, 50”, Nylon / Hemp Screwdrivers
Funnel, Generator Saw, Hand
Funnel, Small Saw, Hack
Small Tools List
The following "small tools" list includes the items listed below. A "Small Tools" charge of 3% is calculated based upon the total billable amount of labor.

Small Tools ServiceMaster Recovery Management Initials ______ Page 6 Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1251

Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1252

Docusign Envelope ID: D855F767-8E68-4F78-9DAA-F1769C44992F Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1253

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

P.R. No: Vendor No: Contract No32:

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:

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.

Public Works Capt. Lopez [email protected] (510) 620-6990 13465 7232 Cleaning services and biohazardous waste cleanup service ✔
1 Sharjo, LLC dba ServiceMaster Restoration Services 5451 Industrial Way Benicia, CA, 94510 Andy Dobbs (415) 336-6258 [email protected] 4004-9388 December 31, 2025 ✔ November 19, 2024 November 20, 2024 November 19, 2027 45,000.00 Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1254
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.

Sharjo, LLC dba ServiceMaster Restoration Services
Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 COO
5/28/2025 Mayor
1255
Contract Amendment between the City of Richmond and
Amendment No. Contract No.32

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
Sharjo, LLC dba ServiceMaster Restoration Services
1 7232 70,000.00 115,000.00
Requested by Public Works which may include removal and properly dispose of Biohazardous waste throughout the city, including human waste, animal waste in buckets, waste on clothing and city sidewalks, needles, asbestos materials, 55-gallon drums of unknown substances, and other contaminated materials.

Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1256
Contract Amendment between the City of Richmond and
Amendment No. Contract No.32

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
Sharjo, LLC dba ServiceMaster Restoration Services
1 7232 03/25/2025 70,000.00 115,000.00 ✔
115,000.00 115,000.00 115,000.00 115,000.00
Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1257
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1258
___ 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.

Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1259
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

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

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

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

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

Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1260
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

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

Docusign Envelope ID: 9826C663-2198-487F-895B-6A8D3860F2A0 1261

August 19, 2025
Public Works
DATE: August 19, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Mike Owyang, Assistant Engineer
Subject: Accept the Terminal 4 Wharf, Warehouse, and Piling Removal Project as Complete by Silverado Contractors,
Inc.

FINANCIAL IMPACT: There is no additional financial impact associated with this action. The total cost of the Terminal 4 Wharf,
Warehouse, and Piling Removal Project was $8,594,741
and was funded through grants from the State Coastal
Conservancy and the San Francisco Bay Restoration
Authority.

PREVIOUS COUNCIL
ACTION:

May 3, 2023
July 17, 2023

STATEMENT OF THE
ISSUE:

The Terminal 4 Wharf, Warehouse, and Piling Removal
Project has been completed in accordance with the
contract plans and specifications. In order to close out the project, the City Council must formally accept the
project as complete and authorize the release of
retention and bonds.

RECOMMENDED ACTION: ADOPT a resolution accepting the Terminal 4 Wharf, Warehouse, and Piling Removal Project as complete;
and AUTHORIZE the City Clerk to record the Notice of
Completion and the City Engineer to release applicable
bonds and retention – Public Works (Mike Owyang 621-
1363/Robert Armijo 620-5477).

AGENDA
REPORT
1262

August 19, 2025
DISCUSSION:

On May 3, 2023, City Council awarded a construction contract to Silverado Contractors Inc. for the Terminal 4 Wharf, Warehouse, and Piling Removal Project in the amount not to exceed $5,297,926, with an additional contingency amount of $529,800 (Attachment 1). The scope of work included demolition of the wharf, warehouse structures, and piles, as well as bank restoration using rock slope protection. The contract was also amended by the City Council on July 17, 2023, to expand the scope of work and budget and subsequently on June 20, 2024, for a term extension (Attachments 2 and 3).

Eight (8) change orders were executed as part of this project. The change orders included a final balancing adjustment for both omitted and additional scope, debris removal, slope reconstruction, reef ball installation, planting, and placement of seaweed cobble.

Below is the status of the budget and project costs:

A. Construction Contract Amount $5,297,926.00
B. Contract Amendment #1 $2,067,900.00
C. Approved Change orders $ (135,532.00)
D. Design, Construction Management, Inspection,
Project Management, Testing & Miscellaneous expenses $1,364,447.00 Total Project Cost $8,594,741.00
The City’s derelict wharf structures have been removed, and the shoreline is now stabilized. The project has been completed within the available budget and time frame of the contract. City staff has verified that all work was completed in accordance with the contract documents and applicable standards.

Considering that all construction items are complete, City staff recommends that the City Council adopt the Resolution, accepting the project as complete, directing the City Clerk to record the Notice of Completion with the Contra Costa County Recorder, and authorizing the City Engineer to execute and release any applicable bonds and retention payments (Attachment 4).
1263

August 19, 2025
LOCATION MAP:

DOCUMENTS ATTACHED:

Attachment 1 – Contract (Original)
Attachment 2 – Contract (Amendment 1)
Attachment 3 – Contract (Amendment 2)
Attachment 4 – Resolution for Project Completion
1264
Attachment 3 – Construction Agreement
1 2018_Final Form

CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ______ of ________ ___2023, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Silverado Contractors Inc.., (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS
A. On February 27, 2023, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of the Terminal Four Wharf Removal Project, located at western shore of Richmond, California, about 2.5 miles northwest of the eastern end of the Richmond-San Rafael Bridge, and just south of the tip of Point San Pablo. (the “Project”).

B. Contractor submitted the lowest responsive bid and has been determined to be responsible.

C. City now desires to contract with Contractor to furnish construction and related services for the Project.

NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:

ARTICLE I

CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents.

Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.”
Section 1.2 Construction.

Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.

Section 1.3 Payments.

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Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.

Section 1.4 Discovery of Hazardous Waste or Unusual Conditions. (a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement. (c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

Section 1.5 Laws and Regulations.
(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof. (b) Contractor shall cause all work performed in connection with construction of the DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1266
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Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures. (c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City’s Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City’s Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City’s Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56).

During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.

Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.

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Section 1.6 Inspections.

Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.

Section 1.7 Equal Opportunity.
(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Section 1.8 Working Hours.

Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.

Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1268
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to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor’s receipt of the City’s approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder’s Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.

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(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in the Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the Project Specifications, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.

Section 1.10 Security In Lieu of Retention.
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:

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ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
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less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.

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As provided in SB 854 (Stats. 2014, ch. 28): (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with DIR and qualified to perform public work pursuant to California Labor Code Section 1725.5 (Lab. Code §1771.1(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Labor Code Section 1725.5 (Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).

Section 1.12 Job Site Notices.

Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.

Section 1.13 Municipal Code Chapter 2.65 Requirements.

Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.

ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.

Each of the following shall constitute a “Default” by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work. (c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1273
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the bankruptcy law or any other applicable debtor’s relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.

Section 2.2 Remedies.

The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:

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(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.

Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

Section 2.3 Waiver of Damages.

Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.

Contractor shall be solely responsible for its own acts and those of its agents and employees.

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Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:

1. The work performed in connection with the change to be made;

2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2015 State of California Department of Transportation Standard Specifications; and

3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City. (b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1276
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Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a “Claim”), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.

Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.

2. If Contractor disputes City’s written response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

3. Within ten (10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City will provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty (60) days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1277
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shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to Section 3.3(f) of this Agreement.

4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or to otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failure to have responded to a claim, or its failure to otherwise comply with the time requirements of Section 9204 of the Public Contract Code, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant filing the Claim.

5. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.
(f) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.

3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1278
Attachment 3 – Construction Agreement
15 2018_Final Form
Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs (collectively, “Actions”), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors’ employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor’s fault or negligence; provided, however, that Contractor’s, and Contractor’s subcontractors’ indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.

Section 3.5 Non-Liability of City Officials, Employees and Agents.

No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

Section 3.7 Conflict of Interest.
(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1279
Attachment 3 – Construction Agreement
16 2018_Final Form
such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.

Section 3.8 Notices, Demands and Communications.

If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and (1) if intended for the City shall be addressed to:

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Daniel Chavarria
With copy to:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall be addressed to:

Silverado Contractors Inc.
2855 Mandela Parkway
Oakland, CA 94608
Attn: Joseph Capriola
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1280
Attachment 3 – Construction Agreement
17 2018_Final Form
Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.

Section 3.11 Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.

Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1281
Attachment 3 – Construction Agreement
18 2018_Final Form
Section 3.13 Waivers.

Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.

Section 3.14 Title of Parts and Sections.

Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.

Section 3.15 Entire Understanding of the Parties.

The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.

The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.

Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
[Signatures on following page]
DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1282
Attachment 3 – Construction Agreement
19 2018_Final Form
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:

CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
CONTRACTOR:

Silverado Contractors Inc.

By: _________________________________
Name: _________________________________
Its: _________________________________
DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 Peter Knuth
VP
7/1/2023
Mayor
7/5/2023
Eduardo Martinez
7/6/2023
1283
Attachment 3 – Construction Agreement
20 2018_Final Form
Exhibit A
Contractor to perform construction in accordance to Construction Plans and Specifications prepare by COWI, dated November 18, 2022 and bid dated April 13, 2023, attached.

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1284

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT B
DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129

SILVERADO CONTRACTORS
Peter Knuth VP
7th
6/19/2023

SILVERADO CONTRACTORS
June 23 Richmond
1285
___ Exhibit C

City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1286
___ Exhibit C

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.

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1287
___ Exhibit C

City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

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

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

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

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

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1288
___ Exhibit C

City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

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

DocuSign Envelope ID: D19ED592-73FA-4DAF-96AB-5EC9CAA79129 1289
1 FIRST AMENDMENT TO

CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND

SILVERADO CONTRACTORS
This First Amendment to the Construction Agreement (the “First Amendment”) is entered into as of ______________________, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Silverado Contractors, a [CORPORATE ENTITY] (“Contractor”), with reference to the following facts.

RECITALS
A. City and Contractor entered into that certain Construction Agreement dated June 7, 2023, (the “Agreement”) to furnish Terminal Four Wharf Removal (the “Project”).

B. The Parties now desire to enter into this First Amendment in order to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $2,067,900.00 (the “Additional Expenditures”), for a total amended not-to exceed amount of $7,365,826.00 as set forth on Attachment 1 attached and incorporated hereto (the “First Amended Amount”).

NOW THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows:

Section 1 Amendment to Payments.

The Construction Agreement is hereby amended by this First Amendment in order to increase the Original Amount by the Additional Expenditures to reflect a new total of authorized expenditures under the Construction Agreement, equal to the First Amended Amount.

Section 2. Amendment to Scope of Work.

The Construction Agreement is hereby amended by this First Amendment in order to add Alternative B of the original bid to the Project as set forth in Attachment 1.

Section 3. Miscellaneous.
(a) Except as amended by this First Amendment, the Construction Agreement has not been modified and is in full force and effect.
(b) Each of the individuals executing this First Amendment on behalf of the Contractor and City individually represents and warrants that he or she has been authorized to do so and has the power to bind the party for whom they are signing. (c) This First Amendment may be signed in any number of counterparts with the same effect as it the signatures to each counterpart were upon a single instrument and is intended DocuSign Envelope ID: 14C5A444-7A83-4108-8E1B-C4B7907768C6 07/17/2023
1290
2 to be binding when all parties have delivered their signatures to the other parties. Signatures may be delivered by facsimile or electronic transmission. All counterparts shall be deemed an original of this First Amendment.
(d) WHEREFORE, the Parties have executed this First Amendment on or as of the date first above written.

IN WITNESS WHEREOF, City and Contractor have executed this First Amendment duly authorized representatives, all on the date first written above.

Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:

CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name:

Its: Mayor
CONTRACTOR:
________________, a [CORPORATE FORM]
By: _________________________________
Name:

Its:

DocuSign Envelope ID: 14C5A444-7A83-4108-8E1B-C4B7907768C6

SILVERADO CONTRACTORS
7/26/2023
VP
Peter Knuth
7/26/2023
Eduardo Martinez
1291
1 SECOND AMENDMENT TO

CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND

SILVERADO CONTRACTORS
This Second Amendment to the Construction Agreement (the “Second Amendment”) is entered into as of ______________________, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Silverado Contractors, a [CORPORATE ENTITY] (“Contractor”), with reference to the following facts.

RECITALS
A. City and Contractor entered into that certain Construction Agreement dated June 7, 2023, (the “Agreement”) to furnish Terminal Four Wharf Removal (the “Project”).

B. The Parties then engaged in the First Amendment in order to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $2,067,900.00 (the “Additional Expenditures”), for a total amended not-to exceed amount of $7,365,826.00 as set forth on Attachment 1 attached and incorporated hereto (the “First Amended Amount”).

C. The Parties now wish to extend the Construction Agreement for time only. Changing the expiration date from June 30, 2024 to the new expiration date of June 30, 2025.

NOW THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows:

Section 1. Amendment to Time.

The Construction Agreement is hereby amended by this First Amendment in order to increase the expiration date of this Construction Agreement, from June 30, 2024, to June 30, 2025.

Section 2. Miscellaneous.
(a) Except as amended by this Second Amendment, the Construction Agreement has not been modified and is in full force and effect.
(b) Each of the individuals executing this Second Amendment on behalf of the Contractor and City individually represents and warrants that he or she has been authorized to do so and has the power to bind the party for whom they are signing. (c) This Second Amendment may be signed in any number of counterparts with the same effect as it the signatures to each counterpart were upon a single instrument and is intended Docusign Envelope ID: CE17084D-454F-40E1-91F4-4ACC163631C8 June 20, 2024
1292
2 to be binding when all parties have delivered their signatures to the other parties. Signatures may be delivered by facsimile or electronic transmission. All counterparts shall be deemed an original of this Second Amendment.
(d) WHEREFORE, the Parties have executed this Second Amendment on or as of the date first above written.

IN WITNESS WHEREOF, City and Contractor have executed this Second Amendment duly authorized representatives, all on the date first written above.

Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:

CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name:

Its: Mayor
CONTRACTOR:
________________, a [CORPORATE FORM]
By: _________________________________
Name:

Its:

Docusign Envelope ID: CE17084D-454F-40E1-91F4-4ACC163631C8 Joe Capriola
Silverado Contractors, Inc.

President
7/25/2024
Eduardo Martinez
1293
Reso. No. xx-25

DocID #49592v1
RESOLUTION NO. xx-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA ACCEPTING THE TERMINAL 4 WHARF, WAREHOUSE, AND

PILING REMOVAL PROJECT AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE CONTRA COSTA RECORDER’S OFFICE
WHEREAS, the City of Richmond City Council awarded a construction contract to Silverado Contractors, Inc. for the Terminal 4 Wharf, Warehouse, and Piling Removal Project in the amount of $5,297,926, with an additional contingency amount of $529,800 on May 3, 2023; and
WHEREAS, the budget and contract for the project was amended on July 17, 2023; and WHEREAS, the scope of work included the demolition of the wharf, structures, and piles as well as the restoration of the bank with rock slope protection; and WHEREAS, eight change orders were executed as part of this project. The change orders included a final balancing change order for omitted and added scope, debris removal, slope reconstruction, reef ball installation, planting, and seaweed cobble placement; and WHEREAS, the Terminal 4 Wharf has been removed, and the shoreline has been stabilized. The project has been completed within the available budget and time frame of the contract; and
WHEREAS, the budget and project costs status are as follows:

A. Construction Contract Amount $5,297,926.00
B. Contract Amendment #1 $2,067,900.00
C. Approved Change orders $ (135,532.00)
D. Design, Construction Management, Inspection, $1,364,447.00 Project Management, Testing & Miscellaneous
Total Project Cost $8,594,741.00
WHEREAS, no additional budget impact from this action. All work orders issued under this contract were funded by various grants received by the City for this project; and, WHEREAS, the acceptance of projects and authorization to file Notice of Completion for the City of Richmond’s Terminal 4 Wharf, Warehouse, and Piling Removal Project is Categorical Exemptions under CEQA guidelines §15300.1; and NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct.

BE IT FURTHER RESOLVED that the City Council hereby approve the following:

1. Adopt Resolution No. xx-25, accepting the construction work of the Terminal 4 Wharf, Warehouse, and Piling Removal Project by Silverado Contractors Inc., as complete,

2. Authorize and direct the City Clerk to file the Notice of Completion with the Contra Costa County Recorder’s Office, and

3. Authorize the City Engineer to execute and release any applicable bonds and retention.

BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804. *************************
1294
Reso. No. xx-25

DocID #49592v1
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held __________, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
1295

August 19, 2025
Public Works
DATE: August 19, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Darcie DeLashmutt, Capital Project Manager
Subject: Authorize City Manager to Award Contracts for The Lot (Mobile Vendor Plaza) Restroom Facility
FINANCIAL IMPACT: The Capital Improvement Plan includes $200,000 in funding for The Lot (Mobile Vendor Program Lot) Project capital improvements. The approval of a contract to
purchase a restroom facility in an amount not to exceed $30,000 is within the current project budget (Account
String: 01231031-400201-23058 and 01231031-400704-
23058 General Fund).

PREVIOUS COUNCIL
ACTION:

July 2, 2024

STATEMENT OF THE
ISSUE:

City staff seeks City Council authorization to expedite restroom improvements at The Lot (Mobile Vendor Plaza)
by delegating authority to award the contract and
approve change orders within the approved project
budget. This authorization will enable timely completion of restroom upgrades and further support the City's goals for a safe and vibrant sidewalk vending program. City
staff is soliciting competitive bids for the restroom facility in parallel with the City Council approval process.

AGENDA
REPORT
1296

August 19, 2025
RECOMMENDED ACTION: ADOPT a resolution authorizing the City Manager to accept bids and award contract(s) for the Mobile Vendor Plaza restroom facility in an amount not to exceed
$30,000; and AUTHORIZE the Director of Public Works
to approve change orders up to $6,000, provided that
total project costs remain within the Council-approved
budget for Fiscal Year 2025-2026 - Public Works
Department (Darcie DeLashmutt 672-3944/Robert Armijo
620-5477).

DISCUSSION:

In fall 2023, concerns were raised regarding the growing number of sidewalk vendors operating without the required health permits. Vendors were also operating in parking stalls and on sidewalks, creating potential public health and safety concerns. In response, City staff engaged with affected community members, local business organizations, and public agencies to develop a comprehensive solution.

On July 2, 2024, the Richmond City Council adopted an ordinance adding Chapter 7.42, Sidewalk Vending, to the Richmond Municipal Code, aligning local regulations with state law. As part of this effort, the City Council also directed staff to establish a Mobile Vendor Plaza Program to support sidewalk vendor businesses in a safe and structured environment.

To implement the program, the City of Richmond partnered with the Richmond Farmers Market Association. The initiative functions as a local business incubator while ensuring vendors operate in compliance with applicable regulations. A central feature of the program is the Mobile Vendor Plaza, located on a City-owned parking lot at 1401 Macdonald Avenue at Marina Way (Attachment 1). The site accommodates up to 22 vendors and provides amenities including portable restrooms, a grey water tank, customer seating, and tables.

To enhance the site and better support participating vendors, the City is expediting the following capital improvements (Attachment 2). Recent and planned upgrades include:
 New asphalt paving (completed April 14, 2025)
 Revised parking configuration (completed April 20, 2025)  Decorative pavement paint
 Procurement of select new site furnishings
 Installing solar lighting
 Renovating landscaping
 Painting existing features
 Replacing the existing portable restroom facility
While several site improvements have been completed or are planned as part of the broader Mobile Vendor Plaza enhancement effort, this staff report specifically seeks authorization related to the procurement and installation of a new restroom facility. 1297

August 19, 2025
The new portable restroom facility will be secure when not in use and aesthetically consistent with the overall branding of the Mobile Vendor Program.

General Fund monies for the restroom facility are allocated in the Civic Center Plaza Landscaping and Citywide Plant and Median Materials Project (Capital Improvement Project Number 23051), as part of the Fiscal Year 2025-2026 budget. Bids for the new restroom facility are currently being solicited through a competitive process in accordance with Richmond Municipal Code Chapter 2.52 purchasing procedures.

To expedite implementation, staff recommends that the City Council adopt a resolution authorizing the City Manager to award a contract, not to exceed $30,000, to the lowest responsive and responsible bidder for the purchase and installation of the restroom facility (Attachment 3). The resolution would also authorize the Director of Public Works to approve change orders up to $6,000 (approximately 20% of the contract amount), provided all costs remain within the City Council-approved project budget.

City staff recommends that the City Council adopt a resolution authorizing these actions to support the timely delivery of the restroom facility. This authorization will enable timely completion of restroom upgrades and further support the City's goals for a safe and vibrant sidewalk vending program.

DOCUMENTS ATTACHED:

Attachment 1 – Location Plan
Attachment 2 – Concept Plan
Attachment 3 – Resolution
1298
Existing Conditions

MACDONALD AVENUE

MARINA WAY
15TH STREET
MVP - Location Plan
May 20, 2025
1299
MVP - Concept Plan
May 20, 2025

CONTAINER RESTROOM FACILITY
BRANDING + WAYFINDING FESTIVE FEATURES

PROGRAMMING

PUBLIC ART

TURF CARPETS

ELEVATED ELEMENTS

MACDONALD AVE

MARINA WAY
15TH STREET

ART ON ASPHALT EXPANDED PLAZA
CONSISTENCY + BRANDING

FLEXIBLE FUN

ADAPTABLE PLACEMAKING
Final Phase of Implementation
1300
Reso. No. xx-23

RESOLUTION NO. xx-25

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

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO AWARD BIDS AND

EXECUTE CONTRACTS, AND THE DIRECTOR OF PUBLIC WORKS TO APPROVE

CHANGE ORDERS FOR THE MOBILE VENDOR PLAZA RESTROOM FACILITY WHEREAS, on July 2, 2024, the City Council adopted ordinance adding Chapter 7.42, to the Richmond Municipal Code, aligning local law with state regulations; and WHEREAS, the ordinance included the establishment of a Mobile Vendor Plaza Program; and
WHEREAS, the Mobile Vendor Plaza was established at 1401 Macdonald Avenue; and WHEREAS, the Mobile Vendor Plaza requires capital improvements including an upgraded restroom facility; and
WHEREAS, the City of Richmond has allocated General Funds for the restroom facility through the Civic Center Plaza Landscaping and Citywide Plant and Median Materials Project (Capital Improvement Project Number 23051) as part of the Fiscal Year 2025-2026 approved budget; and
WHEREAS, it is necessary to authorize the City Manager to award bids and execute contracts up to the total not-to-exceed amount of $30,000 for the restroom facility to ensure timely progression of the schedule; and
WHEREAS, it is also necessary to authorize the Director of Public Works to approve change orders up to $6,000 (approximately 20%) of the construction amount, provided these change orders remain within the overall project budget; and WHEREAS, staff is soliciting bids from restroom vendors in accordance with Richmond Municipal Code Chapter 2.52 purchasing procedures to ensure competitive bids.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to award bids and execute contracts with the lowest responsive and responsible bidder for the Mobile Vendor Plaza restroom facility, up to the total not-to-exceed amount of $30,000.

BE IT FURTHER RESOLVED that the Director of Public Works is authorized to approve change orders up to $6,000 (approximately 20%) of the construction costs, provided that such change orders are within the project budget.

BE IT FURTHER RESOLVED that staff shall ensure that the awarded bids are solicited in accordance with Richmond Municipal Code Chapter 2.52 purchasing procedures. *************************
I hereby certify that the foregoing Resolution of the City Council of the City of Richmond was duly passed and adopted at a meeting thereof held August 19, 2025, by the following vote:

AYES:

NOES:
1301
Reso. No. xx-23

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
1302

August 19, 2025
Public Works
DATE: August 19, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Hillal Hamdan, PE, Senior Civil Engineer
Subject: Contract with BKF Engineers for Engineering Services to Support the Feasibility Study of the Keller Beach Sanitary Sewer Main
FINANCIAL IMPACT: The proposed fiscal impact is $650,000 for a total not to exceed amount, including contingency, of $780,000.

Funding will come from the Wastewater Fund (Account
String: 40322931-400708-01C10).

PREVIOUS COUNCIL
ACTION:

January 18, 2025

STATEMENT OF THE
ISSUE:

City staff seeks City Council approval to amend the
Fiscal Year 2025–26 budget, appropriate funds from the
Wastewater Fund, and award a contract to BKF
Engineers to perform engineering services in support of a Feasibility Study for the Keller Beach Sanitary Sewer
Main, in an amount not to exceed $780,000. This
includes a base contract of $650,000 and a contingency
of $130,000 for potential amendments. The contract
would be executed by the City Manager, or their
designee, and any change orders or amendments within
the contingency would be approved by the Director of
Public Works, or their designee.

AGENDA
REPORT
1303

August 19, 2025
RECOMMENDED ACTION: ADOPT a resolution to amend the Fiscal Year 2025–26 budget, APPROPRIATE $650,000 from the Wastewater
Fund, and APPROVE a contract with BKF Engineers for
engineering services to support the Feasibility Study of the Keller Beach Sanitary Sewer Main, in an amount not
to exceed $650,000; AUTHORIZE the city manager, or
their designee, to execute the contract; and AUTHORIZE
the director of Public Works, or their designee, to
approve any change orders or amendments, if
necessary, in an amount not to exceed $130,000, for a
total feasibility phase amount not to exceed $780,000,
with a term beginning July 1, 2025, through December
31, 2027 – Public Works Department (Robert Armijo
510-620-5477/Hillal Hamdan 510-621-1612).

DISCUSSION
The City of Richmond entered into a second settlement agreement with San Francisco Baykeeper (Baykeeper) in 2018 to address recurring sanitary sewer overflows (SSOs) in the City’s wastewater collection system. As part of that agreement, the City committed to performing a condition assessment of its entire sanitary sewer collection system. This assessment was conducted using closed-circuit television (CCTV) inspections in accordance with the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP). The PACP system provides an industry-standard, objective rating scale from zero (0) to five (5), where a rating of zero indicates a pipe in excellent condition with no observable defects, and a rating of five indicates structural failure or imminent failure requiring immediate repair or replacement.

Although most sewer lines in the system were assessed by the City’s contractor, Veolia, the Keller Beach Sanitary Sewer (KBSS) line had not been evaluated at the time. This omission was identified in the City’s Annual Risk Assessment Report and subsequently raised by Baykeeper. To address this gap, the City retained Coastland Engineers to perform a condition assessment of the KBSS line. The resulting report was adopted by City Council via Resolution 8-22 on January 3, 2022, and submitted to Baykeeper in March 2022.

In July 2022, the City awarded a sole-source contract to Coastland Engineers via Resolution 111-22 to complete a Feasibility Study that would evaluate potential solutions for the deteriorating KBSS line. However, in March 2023, Coastland withdrew from the project for reasons beyond the City’s control, leaving the study incomplete and the City without a consultant to move the project forward. This disruption led to a loss of project momentum and caused significant delays.
1304

August 19, 2025
During this period of inactivity, public confusion and frustration grew regarding the status of the KBSS project, especially among residents and developers affected by the capacity constraints of the sewer system. To rebuild public trust and improve transparency, the City retained Kearns and West—a public engagement firm—on a short-term basis to support community outreach and reframe the discussion surrounding next steps.

Despite these challenges, the City remained obligated to complete the feasibility study under the terms of the Baykeeper settlement. Recognizing the need to preserve system capacity and regulatory compliance while long-term solutions are developed, the City Council adopted Urgency Ordinance 06-25 N.S. on April 1, 2025, enacting a moratorium on new connections to the KBSS line. The moratorium will remain in place until early 2027 and builds upon prior actions taken under Ordinances 05-22 and 06-22.

To restart the project, City staff issued a formal Request for Proposals (RFP) for engineering design services on March 5, 2025. A total of 53 prospective bidders downloaded the documents, and three (3) proposals were received by the April 18, 2025, deadline. A panel of Public Works staff evaluated the proposals based on demonstrated experience, understanding of the scope, project approach, ability to meet the schedule, and cost effectiveness.

The evaluation results are summarized below:

Consulting
Firms
Rater
1 Rater
2 Rater
3 Average

1. BKF 97 97 91 95

2. CSW | ST2 91 96 93 93

3. WATEARTH 79 70 52 67
To fund the proposed contract, staff recommends amending the Fiscal Year 2025–26 budget and appropriating $650,000 from the Wastewater Fund (40322931-400708- 01C10). This amount represents the base contract value. The additional $130,000 contingency will be subject to contract amendment, if needed, but is included within the total not-to-exceed authority of $780,000. This project was not previously budgeted and will require mid-year appropriation.

City staff recommends that the City Council adopt a resolution which awards a contract to BKF Engineers in the amount of $650,000, with an additional contingency of $130,000 to cover any necessary amendments. The contract will be executed by the City Manager, or their designee, and the Director of Public Works, or their designee, will be authorized to approve change orders or amendments within the authorized contingency, for a total feasibility phase amount not to exceed $780,000.

SYNERGISTIC POLICIES:
1305

August 19, 2025
Strategic Goal 3.2e – Create new infrastructure: Implement existing Capital Improvement Project List (Keller Beach Sanitary Sewer Line).

DOCUMENTS ATTACHED:

Attachment 1 – Resolution – BKF Contract
Attachment 2 – Canvass of Bidders
Attachment 3 – Proposed Contract (BKF Engineers)
Attachment 4 – Baykeeper 2018 Settlement Agreement
Attachment 5 – Resolution 8-22 Keller Beach Sewer Report Attachment 6 – Coastland Feasibility Study
Attachment 7 – Resolution 111-22 Keller Beach Feasibility Study Attachment 8 – Ordinance 06-25 Keller Beach 45-day Moratorium Attachment 9 – Ordinance 10-25 Keller Beach Moratorium Extension 1306
Reso. No. xx-25

DocID #48809v1
RESOLUTION NO. xx-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, TO AMEND THE FISCAL YEAR 2025–26 BUDGET,
APPROPRIATE $650,000 FROM THE WASTEWATER FUND, AND AWARD A

CONTRACT TO BKF ENGINEERS FOR ENGINEERING SERVICES TO

SUPPORT THE FEASIBILITY STUDY OF THE KELLER BEACH SANITARY SEWER LINE IN AN AMOUNT NOT TO EXCEED $780,000, INCLUDING A $130,000 CONTINGENCY FOR ANY APPROVED AMENDMENTS
WHEREAS, the City of Richmond ("City") entered into a second settlement agreement with San Francisco Baykeeper (Baykeeper) in 2018 after the City was failed to meet the terms of the 2016 Settlement Agreement regarding significant sanitary sewer overflows during wet rainy weather attributable to the condition of the City's sanitary sewer collection system; and
WHEREAS, the City agreed under the settlement agreement with Baykeeper to perform a complete condition assessment of the City's sewer collection system; and WHEREAS, Veolia, the City’s contractor, completed the condition assessment of the sanitary sewer collection system with the exception of the Keller Beach Sanitary Sewer (KBSS) line; and
WHEREAS, Baykeeper informed the City a condition assessment was also required for the KBSS line; and
WHEREAS, the City contracted with Coastland Engineers to perform the condition assessment of the KBSS line; and
WHEREAS, Coastland Engineers completed the condition assessment, and the report was adopted by City Council via Resolution 8-22 on January 3, 2022; and WHEREAS, the report was submitted to Baykeeper in March 2022 as part of the Annual Risk Assessment Analysis Report; and
WHEREAS, City staff reported to Baykeeper that a consultant would be hired to perform a Feasibility Study to determine the best solution regarding the KBSS line; and WHEREAS, City Council awarded a contract to Coastland Engineers via Resolution 111-22 on July 26, 2022; and
WHEREAS, due to situations beyond City Staff’s control, Coastland withdrew from the KBSS Feasibility Study in March 2023; and
WHEREAS, the project stalled following Coastland’s withdrawal, leaving the City without a consultant to complete the study; and
WHEREAS, the City was still required to fulfill the commitment made to Baykeeper; and
WHEREAS, on March 3, 2025, the City issued a Request for Proposals (RFP) for engineering design services; and
WHEREAS, fifty-three (53) prospective bidders downloaded the documents from BidsOnLine; and
WHEREAS, on April 18, 2025, three (3) proposals were received; and WHEREAS, each proposal was evaluated by a panel of Public Works staff based on responsiveness, qualifications, and ability to meet project deadlines and budget; and WHEREAS, the panel identified BKF Engineers as the best fit for engineering design services based upon their experience in similar projects and understanding of the project scope of work and approach to completing the project, and emphasis on a strong community engagement process; and
WHEREAS, staff recommends the approval of a contract with BKF Engineers for the Feasibility Study of the Keller Beach Sanitary Sewer Main in an amount not-toexceed $780,000, which includes a contract amount of $650,000 plus a contingency amount of up to $130,000; and
1307
Reso. No. xx-25

DocID #48809v1
WHEREAS, by the agenda report (“Agenda Report”) accompanying this resolution the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.

BE IT FURTHER RESOLVED that the City Council amends the Fiscal Year 2025–26 budget and appropriates $650,000 from the Wastewater Fund to support this project.

BE IT FURTHER RESOLVED that the City Council approves the award of a contract to BKF Engineers in an amount not to exceed $650,000, authorizes the City Manager, or their designee, to execute the contract; and authorizes the Director of Public Works, or their designee, to approve any contract amendments or change orders, if necessary, for a contingency amount not to exceed $130,000, for a total feasibility phase amount not to exceed $780,000.

BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.
*************************
1308
Reso. No. xx-25

DocID #48809v1
CITY CLERK’S CERTIFICATION
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on August 19______, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

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

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on August 19, 2025.

Pamela Christian, Clerk of the City of Richmond
1309
1310

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Public Works - Water Recource Recovery Hillal Hamdan [email protected] (510) 621-1216 13051 PENDING Conduct Feasibility Study on Keller Beach sanitary sewer line to determine best options regarding repairs, replacing, reducing flow, or relocation of said sewer line. BKF Engineers 7901 STONERIDGE DRIVE SUITE 360 PLEASANTON, CA 94588 SRAVAN PALADUGU (650) 482-6313 [email protected] 40006852 July 1, 2025 June 30, 2027 650,000.00 1311

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

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

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

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

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

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

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

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
BKF Engineers
1312
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

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

PENDING BKF Engineers
See attached Scope of Services.
1313

KELLER BEACH SANITARY SEWER RELOCATION FEASIBILITY STUDY A. SCOPE OF SERVICES
BKF’s methodology to successfully complete the Project is outlined in our steps below.

1. PROJECT MANAGEMENT
BKF will manage the Project as outlined in the Scope of Work of the RFP. We have assumed that the Project will take nine (9) months to complete, and we will use regular coordination meetings, monthly progress reports, and schedule updates as well as informal continuous communication to keep the Project on track.

DELIVERABLES
▪ Monthly progress report and invoice
▪ Monthly coordination meeting agenda and minutes
▪ Progress schedule

2. DATA COLLECTION & ANALYSIS
BKF will document utility information to conduct feasibility-level analysis.

2.1 CITY DATA COLLECTION & REVIEW
BKF will request the following information from the City, which we assume will be provided in the following formats. BKF will create a SharePoint site for file-sharing purposes to facilitate the transfer of materials for the Project:
▪ GIS data on sewer, water and storm drain infrastructure ▪ Most recent Sewer Master Plan and Sewer Model
▪ As-built drawings for identified sewer lines
▪ All data and information compiled by the previous consultant ▪ Available condition assessment information
▪ Keller Beach Sewer Lift Station operating data and water quality data

2.2 UTILITY RESEARCH & OUTREACH
The purpose of this task is to adequately document utility information to conduct feasibility level analysis. BKF will coordinate with utility service providers in the study area to identify dry utilities (i.e., gas lines, electrical, cable, telephone, and fiber optic lines).

We will also coordinate with the City regarding necessary street and roadway right-of-way information. The focus of our research will be in the areas that encompass potential interim and final solutions.

2.3 UTILITY LOCATING
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After reviewing utility company maps, City block maps and GIS information, BKF will perform utility locating. Utility locating using Ground Penetrating Radar (GPR) and Electromagnetic Utility Detection (EUD) is the faster and economical way to locate underground utilities, especially dry utilities (i.e., electrical, gas, and communication). This will allow us to shortlist utilities that are perceived to be in conflict, thereby eliminating or reducing the number of potholes needed.

BKF will work with D&M Utility Services of California (D&M) to perform utility locating of the street where alternative improvements are proposed. The scope assumes locating up to 2,000 lineal feet of street. We will identify metallic utilities (i.e., electric, telephone, gas, communication lines, and water) and non-metallic utilities with visible tracer wire. We will document critical utilities, closely conflicting utilities, and determine the need to pothole each as needed. The documentation may include photos of utility paint marks on the street.

2.4 FIELD SURVEY
We plan on using City GIS data, USGS terrain data, CCTV data, as-builts, and utility block maps to perform alternatives analyses. After identifying feasible alternatives, BKF will perform field surveys that can be used to advance alternatives identified to prepare conceptual drawings.

Field surveys will include performing aerial, bathymetric, and, conventional ground topographic surveys to capture physical features including, but not limited to, curbs, gutters, sidewalk, ramps, driveways, median strip, edge of pavement, fences along property line, signs, trees (including diameter), shrubs, bushes, guard/wood post rails, traffic signals, traffic loops, utility poles, pavement markings, utility structures, meter boxes, and clean-outs in the right-of-way. It is not in this scope to conduct surveys on private residential properties.

BKF will perform limited field survey to capture sewer and storm flow line elevations. Scope includes dipping up to ten (10) manholes and/or catch-basins. Bathymetric survey will collect below water ground profile up to 100-ft from the edge of water from Chevron Warf to Keller Beach.

Prior to scheduling the field survey, we will mark all dry and wet utilities as part of the Utility Locating Task for survey to capture the paint marks. Horizontal and vertical control will be based on established City benchmark datum, e.g., street monuments. The locations of potholed utilities will also be field surveyed upon completion of Potholing Task.

2.5 POTHOLING
Based on the GPR utility locating survey, BKF will develop a potholing plan for locating and profiling existing underground utilities, at up to five (5) locations. Once the locations are approved by the City, will be responsible for conducting the required potholing and site restoration. Our subconsultant D&M will perform potholing using Hydro-vacuum.

The scope assumes that the City permit fee will be waived. BKF will submit a potholing table summary report describing all findings in Excel format electronically.

2.6 GEOTECHNICAL
Understanding geotechnical soil conditions is key to confirming the feasibility of sewer improvement alternatives. A desktop review of publicly available geotechnical data and site specific geotechnical boring information, collected as part of previous studies or development projects, is adequate to confirm feasibility of sewer alternatives.

ENGEO will review available pertinent soils, geotechnical, geologic, groundwater elevation data, 1315
and seismic data previously developed for private and public improvement projects that are attainable from the City, Caltrans, U.S. Geological Survey, and other public agencies.

The available data will be compiled and presented in a Preliminary Geotechnical Design Memorandum that presents the findings and recommendations of the preliminary geotechnical study. The memorandum will include a Known Geotechnical Conditions Map and copies of identified pertinent and reliable boring logs from the compiled data.

The memorandum will also include a work plan and proposed exploration map focused on providing additional soil information to fill in data gaps. The results of the desktop study will be used as a guide to finalize a geotechnical exploration program to focus on areas where additional information is required.

DELIVERABLES
▪ SharePoint file-sharing site
▪ Technical Memorandum documenting the data requested, compiled, and reviewed ▪ Documentation of utility research and coordination conducted ▪ Field Topographic surveys
▪ Potholing Plan and Report
▪ Preliminary Geotechnical Design Memorandum

3. ENVIRONMENTAL SERVICES / CEQA SUPPORT
For purposes of this Project, this task will be used to evaluate the environmental and California Environmental Quality Act (CEQA) requirements associated with the various interim and final solutions evaluated under Task 4. The preparation of CEQA/NEPA documentation and environmental permits associated with selected alternatives is assumed to be part of future contract and is therefore not included in this scope.

3.1 AGENCY COORDINATION
Our subconsultant, Anchor QEA (Anchor), will conduct early coordination with agency staff as needed for preliminary discussions on topics such as jurisdiction, permitting process, environmental impact considerations, potential mitigation requirements, and potential monitoring requirements. Agencies with whom Anchor would likely coordinate include the U.S. Army Corps of Engineers, San Francisco District; San Francisco Bay Regional Water Quality Control Board; San Francisco Bay Conservation and Development Commission; and California State Lands Commission. Depending on the City’s preference, Anchor can hold these discussions and remain silent on project applicant and detailed information, or consider the effort to be pre-application coordination and share project applicant and detailed information.

3.2 TECHNICAL RESEARCH
As part of this task, Anchor will obtain relevant records from the California Historical Resources Information System (CHRIS) at this time, which would allow them to reference known or documented cultural and archaeological resources in the project vicinity. Anchor will request and review CHRIS records through the CSU system, incorporating the results into the memorandum as appropriate.

Additionally, Anchor’s biologist and planner will conduct a site visit to visually assess existing biological 1316
conditions and incorporate their findings into the memorandum prepared as part of Task 3.3. The scope does not include conducting special-status species or habitat surveys, cultural resources surveys, impact analysis, or monitoring.

3.3 ENVIRONMENTAL SCREENING
We understand that the City is in the early phases of identifying potential design alternatives, and is currently seeking guidance on the regulatory implications (i.e., permits required, approval timelines, and potential issues) of the various alternative designs under consideration. As part of this task, Anchor staff would complete the following activities:
▪ Coordination with the City and engineers on potential design alternatives, including reviewing preliminary plans or alternatives descriptions, attending up to three (3) virtual team coordination calls, and providing real-time feedback on the regulatory implications of the alternatives under consideration.
▪ Preparation of a regulatory requirements summary memorandum that identifies the federal, state, and local permits and approvals and the anticipated CEQA review requirements for each alternative under consideration. The memorandum will identify key regulatory review issues, anticipated mitigation requirements, anticipated monitoring requirements, agency points of contact, expected timeframes, and anticipated fees (consultant and agency) for the three (3) alternatives under consideration.

We will submit the draft memorandum to the City for review, address one (1) round of comments, and submit a final version of the memorandum to the City. The regulatory requirements summary memorandum will prepare the City for the future regulatory permitting and CEQA review efforts.

The City will be able to weigh design and regulatory implications in advance of initiating the engineering and permitting phases. The goal of this step is for the City to feel confident in moving forward with the selected design alternative and associated regulatory compliance process. Aswell, some of the initial agency coordination discussions that will be required for permitting will have already occurred with completion of this scope, which will result in time savings in the future.

DELIVERABLES
▪ Technical memorandum summarizing the environmental and CEQA requirements and the feasibility evaluation of meeting these requirements for the interim and final solutions evaluated in Task 4.

4. FEASIBILITY & ESTIMATE
As discussed in detail in our Approach section, BKF will perform its feasibility evaluation work in two parts: interim solutions, designed to reduce loading to the existing sewer main, and final solutions, designed to address all flows to the existing sewer main.

4.1 INTERIM SOLUTION EVALUATION
BKF will work with the City (with anticipated input from community stakeholders) to develop interim solutions that will generally reduce sewer loading on the Keller Beach sewer main. We will identify what existing facilities will be utilized, what new facilities will be necessary, along with opportunities and constraints for these facilities. These may include new sewer collection mains, sewer diversion structures, lift stations, storage vessels, and private lateral improvements. BKF will 1317
evaluate up to three (3) interim solutions. Factors that we will evaluate in the interim solutions include:
▪ Volume of sewer flow diverted
▪ Costs
▪ Constructability (e.g. site constraints, utilities, potential downstream capacity constraints, etc.) ▪ Neighborhood impacts (e.g. noise, easements)
BKF will work with Kearns and West to present interim solutions to community stakeholders as part of Task 5. We have proposed two community meetings: the first to discuss the desired scope and objectives for the interim solutions, and the second to obtain their input on interim solutions. The City will then be responsible for choosing to proceed with an interim solution or not.

4.2 FINAL SOLUTION EVALUATION
As noted in the Approach section, there appears to be more than three (3) alternatives for a final and permanent solution. BKF will work with the City to screen these alternatives to select top three (3) alternatives to initial feasibility analyses. The feasibility analyses will consider geotechnical conditions such as shallow bed rock, depth to ground water table, environmental permitting challenges, utility conflicts, temporary bypass, available right- of-way, temporary and permanent easements, staging/laydown areas, need for property acquisitions, traffic impacts during construction, residents access, long term maintenance and operational costs, and construction cost.

5. PUBLIC OUTREACH
BKF’s outreach support will be provided in coordination with the City’s outreach consultant, Kearns and West. At this stage, the specific outreach plan and division of responsibilities between the City, Kearns and West, and the technical team have not yet been finalized. BKF’s role will be focused on technical support and input, as described below.

BKF’s current fee for outreach support is structured as an allowance, to provide flexibility based on future direction from the City and its outreach consultant. The scope may include, but is not limited to, the following:

5.1 ENGAGEMENT PLANNING AND COORDINATION
Support early coordination efforts with City staff and Kearns and West to define outreach goals, clarify technical roles, and ensure alignment between the engineering and outreach components.

5.2 COMMUNITY EDUCATION AND INFORMATION SHARING
Contribute technical content to support the development of informational materials (e.g., handouts, FAQs, or online content). This may include providing concise summaries, graphics, or data related to feasibility findings and alternatives analysis.

5.3 COMMUNITY MEETINGS – TECHNICAL SUPPORT
Attend up to eight (8) stakeholder or public meetings to support the outreach team. BKF will be available to present technical findings, respond to community questions, and prepare one to two conceptual exhibits per alternative, as needed. BKF will not be responsible for meeting facilitation, preparing mailers, or leading public engagement activities. 1318
BKF’s public outreach efforts are capped by an established allowance. After coordination with the City and their outreach consultant, BKF will prepare a detailed Outreach Support Work Plan that aligns with this budget. The plan will confirm task priorities, clarify deliverables, and define the level of participation. If requested services exceed the available allowance, BKF will notify the City and request written authorization before proceeding with any additional scope.

DELIVERABLES
▪ Conceptual exhibits for alternatives (up to two per alternative) ▪ Responses to technical questions at stakeholder/public meetings ▪ Technical content for outreach materials (as needed and within allowance) ▪ Final deliverables to be confirmed in the Outreach Support Work Plan developed with the City and outreach consultant
B. SCOPE QUALIFICATIONS AND ASSUMPTIONS
The following assumptions and qualifications apply to the Scope of Services for the Keller Beach Sanitary Sewer Relocation Feasibility Study. These are intended to define the basis of scope, clarify client responsibilities, and identify exclusions where applicable. The list incorporates both scope qualifications and exclusions for clarity.

A.1 General Project Assumptions

1.1 The total duration of the project is assumed to be nine (9) months. A significant extension in schedule may require a revision to scope and fee.

1.2 BKF assumes the City will provide available background materials, including prior studies, GIS files, as-builts, and condition assessments prepared by others.

1.3 All deliverables and coordination will be through the City’s designated project manager unless alternate direction is provided in writing.

A.2 Public Outreach

2.1 BKF’s role in public outreach is limited to technical support; we will not lead public engagement or manage the outreach process.

2.2 The outreach support scope is subject to a defined allowance. A final Outreach Support Work Plan will be developed with the City and their consultant to align effort with the available budget.

2.3 BKF will attend up to eight (8) stakeholder or public meetings, and will prepare up to two (2) conceptual exhibits per alternative.

2.4 BKF is not responsible for meeting facilitation, developing or mailing outreach materials, maintaining websites, conducting surveys, or producing translated documents.

A.3 Data Collection, Utility Research, and Survey

3.1 BKF assumes the City will provide access to utility data including GIS files, as-builts, and block 1319
maps.

3.2 Utility locating is limited to a maximum of 2,000 linear feet using GPR and electromagnetic detection methods.

3.3 Potholing is limited to five (5) locations. Any additional locations or non-standard restoration work is excluded.

3.4 Field survey is limited to public right-of-way. No private property access or permission is included.

3.5 Bathymetric survey is limited to 100 feet from shoreline between Chevron Wharf and Keller Beach.

A.4 Geotechnical Investigation

4.1 Geotechnical work is limited to desktop review of existing publicly available data and previously collected borings or logs.

4.2 No new geotechnical field work, borings, laboratory testing, or CPTs are included.

4.3 Recommendations for additional exploration will be provided as part of the Preliminary Geotechnical Design Memorandum.

A.5 Environmental Services / CEQA Support

5.1 This scope includes environmental screening and regulatory coordination only. No CEQA or NEPA documentation will be prepared under this contract.

5.2 BKF and Anchor QEA will participate in early coordination discussions with up to four (4) agencies. Formal permitting efforts and pre-application meetings as an applicant representative are excluded.

5.3 Biological and cultural review is limited to desktop research and site reconnaissance. No habitat assessments, delineations, or field surveys are included.

5.4 Monitoring, mitigation planning, and technical studies for permitting are not included in this scope.

A.6 Feasibility and Alternatives Evaluation

6.1 BKF will evaluate up to three (3) interim and three (3) final sewer alternatives.

6.2 Evaluation is limited to feasibility-level engineering. Preparation of design plans, PS&E packages, or permit-level documents is excluded.

6.3 Cost estimates will be developed at a conceptual level only, using planning-level assumptions.
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ANCHOR QEA ENGEO D&M
SUBCONSLT
Classification PIC SPM EM SPE PE DE SPC SC ODC Environmental & Coastal Eng. Geotechnical Utility Locating & Potholing Hourly Rate $317 $278 $251 $233 $205 $179 $233 $150 1 (fixed fee) (fixed fee) (fixed fee) (incl. 10% markup) TASK 1 PROJECT MANAGEMENT 38,224$ 3,000$ 41,524$
QA/QC & Sub-Consultant Management 40 16 13,520$ - $ 13,520$ Schedule Updates & Invoicing 8 2,224$ -$ 2,224$ Meetings and Coordination 20 40 20 22,480$ 3,000$ 3,000$ 25,780$ TASK 2 DATA COLLECTION AND ANALYSIS 109,012$ 36,000$ 147,812$

2.1 City Data Collection and Review 1 12 30 40 $ 17,440 -$ 17,440$ 2.2 Utility Outreach 4 10 30 $ 8,424 -$ 8,424$ 2.3 Utility Locating (2,000 LF assumed ) 8 16 12 12 $ 9,324 8,000$ 8,000$ 17,324$ 2.4 Field Survey 2 16 120 120 20,000$ $ 69,326 -$ 69,326$ 2.5 Potholing (Total 5 assumed ) 2 8 $ 1,934 12,000$ 12,000$ 15,134$

2.6 Geotechnical 2 8 $ 2,564 16,000$ 16,000$ 20,164$
TASK 3 ENVIRONMENTAL SERVICES/CEQA SUPPORT 8,624$ 42,000$ 54,824$

3.1 Agency Coordination 2 12 3,568$ 5,000$ 5,000$ 9,068$ 3.2 Technical Research 4 1,004$ 10,000$ 10,000$ 12,004$ 3.3 Environmental Screening 4 8 4 4,052$ 27,000$ 27,000$ 33,752$ TASK 4 FEASIBILITY AND ESTIMATE 282,334$ 20,000$ 304,334$

4.1 Interim Solution Evaluation (Total 3 assumed )
Alternatives Analyses 20 30 10 78 40 30 48,934$ -$ 48,934$ Hydraulic Analyses 30 6,990$ -$ 6,990$ Coordination with City, Vendors & Contractors 12 16 20 40 18,324$ -$ 18,324$ Cost Estimation 2 8 12 20 8,940$ -$ 8,940$

4.2 Final Solution Evaluation (Total 3 assumed )
Alternatives Analyses 20 80 100 140 200 120 148,780$ 17,000$ 17,000.00$ 167,480$ Hydraulic Analyses 50 11,650$ -$ 11,650$
Coordination with City, Vendors & Contractors 20 20 40 18,420$ -$ 18,420$ Cost Estimation 8 16 12 20 40 20,296$ 3,000$ 3,000.00$ 23,596$ TASK 5 PUBLIC OUTREACH (Allowance) 98,700$ -$ 98,700$
Engagement Planning and Coordination with City Staff 12 12 20 16 12 17,240$ -$ 17,240$ Community Education and Information Sharing 20 30 60 16 31,060$ -$ 31,060$ Community Meetings - Technical Support 40 60 80 16 50,400 $ -$ 50,400$ RE REIMBURSABLE EXPENSES $2,806 $0 $0 $0 $0 $2,806
Total 132 351 226 540 346 360 132 192 539,700$ 65,000 16,000 20,000 101,000$ 650,000$ $2,806
BKF

SUBTOTAL SUBTOTAL

CITY OF RICHMOND

KELLER BEACH SEWER EVALUATION

ESTIMATED FEES & EXPENSES
TOTAL
\\Bkf-pl\vol4\2025\250596_Keller_Beach_Sanitary_Sewer_Relocation\DOC\02-Project_Mgmt\Scope_Fee_Schedule\Fee.xlsx 1321 Contract No: ________ For the Contract between the City of Richmond and
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EXHIBIT B

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

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

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

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

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

Hillal Hamdan Hillal Hamdan PENDING BKF Engineers
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Hillal Hamdan [email protected] PENDING BKF Engineers BKF Engineers 7901 STONERIDGE DRIVE SUITE 360 PLEASANTON, CA 94588 [email protected] SRAVAN PALADUGU 1323
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

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

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

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

PENDING BKF Engineers
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c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

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

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

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

10. CONFLICT OF INTEREST:

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

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

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

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

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

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

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

14. INSURANCE:

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

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

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

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

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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EXHIBIT E

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

PENDING BKF Engineers
Please see attached:
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EXHIBIT F

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

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

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

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

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

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

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

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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EXHIBIT G

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Sravan Paladugu Vice President
BKF Engineers
April 18, 2025
N/A
BKF Engineers
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Daniel Cooper (Bar No. 153576)
LAWYERS FOR CLEAN WATER, INC.
1004 O’Reilly Avenue
San Francisco, California 94129
Telephone: (415) 440-6520
Facsimile: (415) 440-4155
Email: [email protected]
Attorneys for Plaintiffs
SAN FRANCISCO BAYKEEPER and

WEST COUNTY TOXICS COALITION
Erica A. Maharg (Bar No. 279396)
Nicole C. Sasaki (Bar No. 298736)

SAN FRANCISCO BAYKEEPER
1736 Franklin Street, Suite 800
Oakland, California 94612
Telephone: (510) 735-9700
Facsimile: (510) 735-9160
Email: [email protected]
Email: [email protected]
Attorneys for Plaintiff

SAN FRANCISCO BAYKEEPER

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO BAYKEEPER, a non-profit
corporation, and WEST COUNTY TOXICS
COALITION, a non-profit organization,
Plaintiffs,
v.

CITY OF RICHMOND, a municipal corporation,
Defendant.

Civil Case No.: 3:05-cv-03829-MMC

PLAINTIFFS AND DEFENDANT CITY
OF RICHMOND’S STIPULATED
REQUEST FOR ENTRY OF 2018

SETTLEMENT AGREEMENT,
TERMINATION OF 2006

SETTLEMENT AGREEMENT, AND
TO VACATE HEARING; [PROPOSED]
ORDER
The Honorable Maxine M. Chesney
Order
;
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WHEREAS, on October 19, 2006, Plaintiffs San Francisco Baykeeper (“Baykeeper”) and West County Toxics Coalition (collectively, “Plaintiffs”) and Defendant City of Richmond (“Richmond”) (collectively, “Parties”) settled Plaintiffs’ 2005 Clean Water Act citizen suit via settlement agreement (Docket Nos. 29; 32-1 (the “2006 Settlement Agreement”)), and the Court retained jurisdiction over specified claims for the sole purpose of resolving any dispute between the Parties in relation to the enforcement of the terms of the 2006 Settlement Agreement. (Docket Nos. 32; 43.); WHEREAS, on October 16, 2017, Plaintiffs filed a Motion for an Order Finding Richmond in Civil Contempt of Court (“Motion”) alleging violation of the terms of the 2006 Settlement Agreement. (Docket No. 38.). On October 27, 2017, upon request of the Parties, this Court continued the briefing and hearing on Plaintiffs’ Motion to allow the Parties to hold a settlement conference. (Docket No. 43.); WHEREAS, the Parties previously stipulated, and this Court previously ordered, that the original Termination Date of the 2006 Settlement Agreement should be extended as to Richmond, and the current expiration date of the Parties’ 2006 Settlement Agreement is June 9, 2018. (Docket Nos. 34, 35, 40, 43.);
WHEREAS, Paragraph 10 of the 2006 Settlement Agreement specifies that the agreement shall terminate within the applicable time period “so long as all payments, fees, and costs due under or pursuant to th[e] [2006] Settlement Agreement, including, but not limited to, provisions governing Supplemental Environmental Projects, Attorney’s Fees and Costs, and Dispute Resolution, have been paid in full.” (Docket No. 32-1 at ¶10.);
WHEREAS, based upon stipulation of the Parties as a result of settlement discussions, (Docket No. 50), on March 13, 2018, this Court ordered that a Notice of Settlement be filed no later than March 30, 2018, that the briefing schedule and hearing on Plaintiffs’ Motion be held off-calendar while the Parties finalize settlement documents, and that on or before May 29, 2018, after the close of the 45-day settlement review period set forth in 40 C.F.R. §135.5 with the United States Environmental Protection Agency (“EPA”) and the United States Department of Justice (“DOJ”) without objection, the Parties shall file their settlement-related documents, or alternatively, provide this Court with a status update with respect to this Court’s October 27, 2017 Order to set a hearing and briefing schedule (Docket No. 43) on Plaintiffs’ Motion. (Docket No. 52.);
;
Order
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WHEREAS, on March 30, 2018, the Parties filed a Notice of Settlement, notifying the Court that the Parties had reached a full settlement to resolve all outstanding issues in this action (“2018 Settlement Agreement” attached as Exhibit A to the [Proposed] Order filed concurrently herewith), and Plaintiffs served copies of the 2018 Settlement Agreement via U.S. Mail to DOJ and EPA for a mandatory 45-day review period under 33 U.S.C. § 1365(c)(3) and 40 C.F.R. § 135.5. (Docket No. 53.); WHEREAS, on May 21, 2018, DOJ notified the Court and the Parties that it does not object to the entry of the 2018 Settlement Agreement. (Docket. No. 54.); WHEREAS, the Parties now agree: (1) to terminate the 2006 Settlement Agreement (Docket Nos. 29; 32-1) concurrently with this Court’s approval and entry of the Order retaining jurisdiction to enforce compliance by the Parties with the terms of the 2018 Settlement Agreement, as that may occur before the 2006 Settlement Agreement’s current expiration date of June 9, 2018 (Docket Nos. 34, 35, 40, 43); and (2) that all terms and conditions for termination of the 2006 Settlement Agreement, including those conditions specified in Paragraph 10 of the 2006 Settlement Agreement, have been paid and satisfied in full;
WHEREFORE, the Parties also hereby provide this Court with their settlement-related documents (the 2018 Settlement Agreement, as noted above) as required by this Court’s March 13, 2018 Order (Docket No. 52);
WHEREFORE, the Parties hereby stipulate and request that the Court: (1) approve and enter the [Proposed] Order of the Court retaining jurisdiction over the Parties for the sole purpose of enforcing compliance by the Parties with the terms of the 2018 Settlement Agreement until the 2018 Settlement Agreement terminates; (2) terminate the 2006 Settlement Agreement (Docket Nos. 29 and 32-1) in its entirety upon this Court’s approval and entry of the [Proposed] Order; and (3) dismiss Plaintiffs’ Motion with prejudice and vacate the associated hearing and briefing schedule (Docket Nos. 38 and 43); and WHEREFORE, the Parties hereby stipulate and request the Court to approve and enter the [Proposed] Order attached hereto.
///
///
///
;
Order
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Respectfully Submitted,
Dated: May 24, 2018
By: /s/ Nicole C. Sasaki
Nicole C. Sasaki
Attorney for Plaintiff

SAN FRANCISCO BAYKEEPER
Dated: May 24, 2018
By: /s/ Daniel Cooper
Daniel Cooper
Attorney for Plaintiffs
SAN FRANCISCO BAYKEEPER and

WEST COUNTY TOXICS COALITION
Dated: May 24, 2018

DOWNEY BRAND LLP
By: / s/ Nicole E. Granquist (auth. to e-sign 05/24/18) Nicole Granquist
Attorney for Defendant

CITY OF RICHMOND
Order
;
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[PROPOSED] ORDER
IT IS HEREBY ORDERED that the Court shall retain jurisdiction over the Parties for the sole purpose of enforcing compliance by the Plaintiffs and Defendant with the terms of the 2018 Settlement Agreement, attached hereto as Exhibit A, until the 2018 Settlement Agreement terminates.

IT IS FURTHER ORDERED that the Parties’ 2006 Settlement Agreement (Docket Nos. 29 and 32-1) is terminated.

IT IS FURTHER ORDERED that Plaintiffs’ Motion for an Order Finding Richmond in Civil Contempt of Court (“Motion”) (Docket No. 38) is dismissed with prejudice, and the associated hearing and briefing schedule on Plaintiffs’ Motion is vacated (Docket No. 43).

IT IS SO ORDERED.

Dated: _________________, 2018
The Honorable Maxine M. Chesney
United States Senior District Court Judge
June 4
The Honorable Maxine M. Chesney
United States Senior District Court Jud
;
Order
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Exhibit A
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Settlement Agreement 1 Case No. 3:05-cv-03829 MMC
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Daniel Cooper (Bar No. 153576)
LAWYERS FOR CLEAN WATER, INC.
1004 O’Reilly Avenue
San Francisco, California 94129
Telephone: (415) 440-6520
Facsimile: (415) 440-4155
Email: [email protected]
Attorneys for Plaintiffs
SAN FRANCISCO BAYKEEPER and

WEST COUNTY TOXICS COALITION
Erica A. Maharg (Bar No. 279396)
Nicole C. Sasaki (Bar No. 298736)

SAN FRANCISCO BAYKEEPER
1736 Franklin Street, Suite 800
Oakland, California 94612
Telephone: (510) 735-9700
Facsimile: (510) 735-9160
Email: [email protected]
Email: [email protected]
Attorneys for Plaintiff

SAN FRANCISCO BAYKEEPER
Additional Counsel on Following Page

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO BAYKEEPER, a non-profit
corporation, and WEST COUNTY TOXICS
COALITION, a non-profit organization,
Plaintiffs,
v.

CITY OF RICHMOND, a municipal corporation,
Defendant.

Civil Case No. 3:05-cv-03829 MMC

SETTLEMENT AGREEMENT
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DOWNEY BRAND LLP
NICOLE E. GRANQUIST (Bar No. 199017)
PATRICK F. VEASY (Bar No. 301456)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: 916.444.1000
Facsimile: 916.444.2100
[email protected]
[email protected]
Attorneys for Defendant

CITY OF RICHMOND
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2018 SETTLEMENT AGREEMENT
This Settlement Agreement (hereinafter, “2018 Settlement Agreement”) entered into by Plaintiffs San Francisco Baykeeper and West County Toxics Coalition (“Plaintiffs”) and Defendant City of Richmond (“Richmond”) (collectively, the “Parties”), supersedes and replaces all prior settlement agreements or amendments to settlement agreements in this action. The 2018 Settlement Agreement is entered into by the Parties with respect to the following facts, objectives, and commitments:

WHEREAS, Plaintiffs are non-profit corporations dedicated to, among other things, the protection and enhancement of the water quality of the San Francisco Bay-Delta Estuary and to protect the communities of West Contra Costa County against toxic threats in the area; WHEREAS, Richmond owns a publicly-owned treatment works, which includes a treatment works and sanitary sewer collection system that collects, treats, and discharges wastewater generated by residential, commercial, and industrial sources, pursuant to California Regional Water Quality Control Board, San Francisco Bay Region, (“Regional Board”) Order No. R2-2013-0016, National Pollutant Discharge Elimination System (“NPDES”) Permit No. CA0038539 (the “2013 Joint Permit”).

WHEREAS, on October 17, 2006, the Parties entered into a settlement agreement to informally resolve specified claims in Baykeeper and West County Toxics Coalition v. City of Richmond, West County Wastewater District, Veolia North America Operating Services, and West County Agency, United States District Court for the Northern District of California, Civil Case No. 05- 03829 MMC (hereinafter, the “2006 Settlement Agreement”); WHEREAS, on October 16, 2017, Plaintiffs filed with the Court a Motion for an Order Finding Richmond in Civil Contempt of Court (“Motion”), alleging violations of the 2006 Settlement Agreement;
NOW, THEREFORE, in, consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, Plaintiffs and Richmond hereby agree as follows:

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I. GENERAL OBJECTIVES

1. The objectives of this 2018 Settlement Agreement are:
a. To ensure that Richmond continues to improve efforts to comply with the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq. (“Clean Water Act” or “CWA”); b. To ensure that Richmond continues to use, implement, and improve ways, means, and methods to prevent or reduce sanitary sewer overflows (“SSOs”); and c. To further the goals and objectives of the CWA.

II. DEFINITIONS

2. Unless otherwise expressly defined herein, terms used in this 2018 Settlement Agreement, which are defined in the CWA or in regulations or rules promulgated under the CWA, have the meaning assigned to them in the applicable statutes, regulations, or rules. Whenever terms listed below are used in this 2018 Settlement Agreement, the following definitions apply:
a. “FOG” means fats, oil, and grease.
b. “2018 Settlement Agreement” means this Settlement Agreement and any attachments or documents incorporated by reference into this 2018 Settlement Agreement. c. “Collection System” means the sewer pipes and lines, manholes or maintenance holes, pump stations, and all appurtenances thereto under ownership of Richmond Municipal Sewer District No. 1 that are used to convey wastewater generated by residential, commercial, and industrial sources to the Richmond Wastewater Treatment Plant. Richmond’s Collection System is currently operated and maintained under contract by Veolia Water West Operating Services (“Veolia”). d. “Sewer line segment” means any section of publicly owned sewer line or pipe located between: (1) two manholes/maintenance holes; (2) a pump station and a manhole/maintenance hole; (3) a pump station or a manhole/maintenance hole and a headworks structure; or (4) a sewer line or pipe otherwise identifiable as a discrete section.
e. “Day” means a calendar day. In computing any period of time under this 2018 Settlement Agreement, where the last day of such period is a Saturday, Sunday, or Federal or State Holiday, the period runs until the close of business on the next day that is not a Saturday, Sunday, or Federal or State Holiday.

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f. “Design Storm” means the 10-year, 24-hour storm event occurring across the entire area served by Richmond’s collection system with wet antecedent soil conditions. g. “Sanitary Sewer Overflows,” “overflow,” or “SSO” has the same meaning as that term is defined in Section A.1. of the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, State Water Resources Control Board Order No. 2006-0003 (hereinafter the “SSO General WDR”), or any amendment thereto, and which currently means: “any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include (i) overflows or releases of untreated or partially treated wastewater that reach waters of the United States; (ii) overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii) wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system.” For purposes of this definition, the term “waters of the United States” has the meaning as set forth in 40 C.F.R. section 122.2.
h. “2013 Joint Permit” means NPDES Permit No. CA0038539, Order No. R2-2013-0016, as presently constituted and/or as subsequently revised or renewed. i. “Inflow” means wastewater or water that may enter a collection system through unpermitted connections, drains, or manholes.
j. “Infiltration” means groundwater, rainwater, or other surface water that may enter a collection system through its pipes, joints, or cracks. k. “System Evaluation and Capacity Assurance Plan” or “SECAP” means one or more documents or databases containing the information required by Section VIII of this 2018 Settlement Agreement.

III. JURISDICTION AND VENUE

3. This Court has jurisdiction over the subject matter of the claims asserted by Plaintiffs pursuant to CWA section 505(a), 33 U.S.C. § 1365(a), and 28 U.S.C. §§ 1331, 1355, and 1367. Venue is proper in this judicial district pursuant to CWA sections 309(b), 505(c), 33 U.S.C. §§ 1319(b), 1365(c), and 28 U.S.C. §§ 1391(b) and (c). The Parties waive all objections that they may have to the Court’s jurisdiction to enter and enforce this 2018 Settlement Agreement.

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IV. EFFECT OF 2018 SETTLEMENT AGREEMENT

4. Plaintiffs do not, by their consent to this 2018 Settlement Agreement, warrant or aver in any manner that Richmond’s compliance with this 2018 Settlement Agreement will constitute or result in compliance with any Federal or State law or regulation. Nothing in this 2018 Settlement Agreement shall be construed to affect or limit in any way the obligation of Richmond to comply with all Federal, State and local laws and regulations governing any activity required by this 2018 Settlement Agreement.

5. Neither this 2018 Settlement Agreement, nor any payment pursuant to the 2018 Settlement Agreement, shall constitute evidence or be construed as a finding, adjudication, or acknowledgement of any fact, law, or liability, nor shall it be construed as an admission of violation of any law, rule, regulation, permit, or administrative order by Richmond. However, this 2018 Settlement Agreement and/or any payment pursuant to the 2018 Settlement Agreement may constitute evidence in actions seeking to enforce compliance with this 2018 Settlement Agreement. Richmond maintains and reserves all defenses it may have to any alleged violations that may be raised in the future.

V. APPLICABILITY

6. This 2018 Settlement Agreement addresses all violations alleged by the Plaintiffs in their Motion.

7. The Parties certify that their undersigned representatives are fully authorized to enter into this 2018 Settlement Agreement, to execute it on behalf of the Parties, and to legally bind the Parties to its terms.

8. The Parties, including any successors or assigns, agree to be bound by this 2018 Settlement Agreement and not to contest its validity in any subsequent proceeding to implement and enforce its terms. No change in ownership or corporate or other legal status of Richmond or any transfer of Richmond’s assets or liabilities shall in any way alter the responsibilities of Richmond or any of its successors or assigns thereof, under this 2018 Settlement Agreement.

VI. EFFECTIVE DATE AND TERMINATION DATE

9. Effective Date: The Effective Date of this 2018 Settlement Agreement shall be the date of the Order entering the Stipulated Request for Entry of Settlement Agreement described in Section XX of Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 12 of 126 1349
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this 2018 Settlement Agreement.

10. Term of 2018 Settlement Agreement: This 2018 Settlement Agreement shall continue in effect until July 15, 2028 (the “Term”) at which time, the 2018 Settlement Agreement, and all obligations under it, shall automatically terminate, unless one of the Parties has invoked Dispute Resolution in accordance with Section XVI of the 2018 Settlement Agreement.

VII. SSO STANDARDS

11. Richmond shall meet the following SSO Reduction Performance Goals each calendar year:

Calendar Year Maximum Number of
SSOs per 100 Miles of
Sewer Line/Year
2018 20
2019 15
2020 13
2021 11
2022 10
2023 9
2024 8
2025 7
2026 5
2027 5

12. Richmond shall eliminate capacity-related SSOs from the Collection System, except SSOs caused by storm events exceeding the Design Storm, in accordance with the following schedule:
a. Richmond shall eliminate capacity-related SSOs from areas of Richmond’s Collection System addressed by the projects listed in Paragraph 20 below, as depicted on Attachment F, on or before July 15, 2024, except such SSOs caused by storm events exceeding the Design Storm. b. Richmond shall further eliminate all capacity-related SSOs from Richmond’s Collection system on or before July 15, 2026, except such SSOs caused by storm events exceeding the Design Storm.
c. If Richmond identifies additional capital projects required to eliminate capacity-related SSOs in the SECAP described in Paragraph 17 below, the Parties shall meet and confer to negotiate a revised schedule to ensure capacity-related SSOs are eliminated during the term of this 2018 Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 13 of 126 (27) (24) (20) (18) (16) (15) (13) (9) (9) (37)
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Settlement Agreement. Disputes as to the engineering feasibility of any proposed schedule for implementation of those additional capacity projects shall be subject to the Dispute Resolution provisions in Section XVI below.

13. Richmond shall have no more than two (2) SSOs from any two of the same sewer line segments or manhole/maintenance holes within any calendar year after December 31, 2024.

14. The standards required by Paragraphs 11-13, above, are collectively referred to as “SSO Standards.”

15. For purposes of determining compliance with the SSO Reduction Performance Goals, the maximum number of SSOs per 100 miles of sewer line per calendar year can be averaged over the entire Collection System, and SSOs caused by storm events exceeding the Design Storm shall not be counted.

16. For purposes of initially calculating the SSO Reduction Performance Goals, the Parties assume Richmond currently has 197 miles of sewer line in its Collection System. For purposes of calculating the SSO Reduction Performance Goals, the total allowable SSOs for the year shall be rounded using standard rounding as follows: 16.1 through 16.4 is considered 16, and 16.5 through 16.9 is considered

17. For example, for the year 2027, using the current sewer line mileage of 197 for Richmond, Richmond would be allowed 10 SSOs [(1.97 x 5 = 9.85) (9.85 => 10)].

VIII. CAPACITY-RELATED ANALYSIS AND CAPITAL IMPROVEMENTS

17. Within ninety (90) days of obtaining the data from the Flow Monitoring Program described in paragraph 17.a. herein, but in any case no later than July 15, 2019, Richmond shall complete an updated System Evaluation and Capacity Assurance Plan (“Revised SECAP”), in accordance with the following requirements:
a. The Revised SECAP shall use flow monitoring data collected by Richmond during its Flow Monitoring Program. The Flow Monitoring Program shall collect data on a system-wide basis, so as to allow for analysis in the Revised SECAP of the impact of tidal inflow, dry-weather groundwater infiltration, and rain induced inflow and infiltration in the Collection System. Subject to the conditions set forth below, the Flow Monitoring Program shall also include data collection sufficient to analyze the hydraulic capacity of Richmond’s Collection System in the locations of capacity-related Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 14 of 126 1351
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improvement projects contained, but not yet completed, in the 2011 Master Plan, as described in Paragraph 20 of this 2018 Settlement Agreement, including the projected impact of those completed capacity improvement projects. The Flow Monitoring Program shall consist of two separate actions.

First, by December 1, 2018, provided rainfall has occurred in the thirty (30) days prior to December 1, 2018, Richmond shall install temporary flow meters in the Collection System, as needed, to provide sufficient data to perform a hydraulic analysis that: (1) identifies all capacity deficiencies in the Collection System, including locations predicted by the hydraulic model to result in SSOs during the Design Storm, and (2) assesses the projected impacts on the hydraulic capacity of the Collection System from the completed capacity improvement projects from the 2011 Master Plan identified in Paragraph 20 below, tidal inflow, dry-weather groundwater infiltration, and rain induced inflow and infiltration on the Collection System. The data collected during the Flow Monitoring Program shall be used to update, calibrate, and validate Richmond’s current hydraulic model. If no rainfall has occurred in the thirty (30) days prior to December 1, 2018, Richmond shall instead install temporary flow meters in the Collection System after rainfall of one (1) inch or more has occurred in a 24-hour period.

Once installed, the temporary flow meters will remain installed through March 31, 2019. Second, when the following condition is present between December 1, 2022 and March 31, 2023 or December 1, 2023 and March 31, 2024, Richmond will install temporary flow meters for a second time to obtain flow data for the 2024 SECAP described below: rainfall has occurred in the thirty (30) days prior to December 1, 2022 or December 1, 2023; or if no rainfall has occurred in the thirty (30) days prior to December 1, 2022 or December 1, 2023, rainfall of one (1) inch or more has occurred in a 24-hour period.
b. The Revised SECAP shall identify all measures needed to attain the capacity necessary to convey the Design Storm without capacity-related SSOs in Richmond’s Collection System. The Revised SECAP shall evaluate whether the MacDonald and Virginia, 1st Street Phase 1, and 1st Street Phase 2 projects described in Paragraph 20 herein (“Reevaluated Projects”), which were identified in the 2011 Master Plan, remain priority capacity projects or whether other projects identified while developing the Revised SECAP are higher priority. A higher priority project is determined by the reduction in the number of capacity-related SSOs the project is expected to result in, as reflected by Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 15 of 126 1352
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Richmond’s SSO records and the hydraulic analysis described in Paragraph 17.a. c. The Revised SECAP shall include an implementation schedule to complete all measures needed to attain the capacity necessary to convey the Design Storm without capacity-related SSOs in the Collection System by July 15, 2026 or alternative date agreed upon by the Parties pursuant to Paragraph 12.c. The implementation schedule shall incorporate the schedule set forth in Paragraph 20, unless a reprioritization of those projects is needed to assure a systematic program (e.g., to assure that downstream sewer lines are upsized prior to upstream lines). If Richmond believes reprioritization is necessary, Richmond shall set forth its justification in the Revised SECAP. In any case, Richmond shall complete all projects identified in Paragraph 20 by June 30, 2024. d. The Revised SECAP shall include a hydraulic analysis that includes calculation for all sewer lines and all pump stations of estimated dry weather wastewater flow, estimated peak wet weather wastewater flow under the Design Storm, and other storm event scenarios, and total wastewater flow capacity when flowing full. The hydraulic analysis will be based on the flow monitoring data collected by Richmond during its Flow Monitoring Program. The model used in the hydraulic analysis will be calibrated and validated to verify its accuracy in predicting flows in the Collection System using data collected through the Flow Monitoring Program. The hydraulic analysis shall be sufficient to identify all capacity improvements necessary to convey peak wet weather flows during the Design Storm to the wastewater treatment plant without capacity-related SSOs in the Collection System. Findings of the hydraulic analysis shall be presented on a GIS system map, where feasible, or other database.
e. To aid the hydraulic analysis, Richmond shall maintain an updated, accurate inventory of the Collection System in a GIS system map. The GIS system map shall include all Collection System attributes required for the hydraulic modeling and further shall include system attributes that will facilitate Collection System operation and maintenance. System attributes shall include the following:
sewer line diameters and lengths; sewer line slope; service area covered by line segment; sewer line year of construction, pipe material, inspection history, cleaning history, SSO history, repair history; conflicting utilities; proximity to storm sewer(s), in feet; whether a sewer line is located in a right of way or an easement; manhole locations, depth, lid size, manhole diameter, rim elevation, and invert Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 16 of 126 1353
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elevation; and pump station mechanical, electrical, and instrument data.

18. Richmond shall provide Plaintiffs, in electronic format, the Revised SECAP and the associated GIS mapping on or before July 15, 2019. Plaintiffs shall have forty-five (45) days from receipt to comment on the Revised SECAP. Richmond shall incorporate Plaintiffs’ comments, or explain in writing why Plaintiffs’ comments were not accepted, within thirty (30) days of Richmond’s receipt of the comments. Disputes as to the adequacy of the Revised SECAP to eliminate all capacity-related spills on or before July 15, 2026 or alternative date agreed upon by the Parties pursuant to Paragraph

12.c. shall be subject to the Dispute Resolution provisions in Section XVI of this 2018 Settlement Agreement.

19. Within one hundred twenty (120) days of completing the Revised SECAP, but no later than December 31, 2019, Richmond shall complete an update to the 2011 Master Plan incorporating the project list and schedule from the Revised SECAP (“Updated Master Plan”) and seek City Council approval of the Updated Master Plan. The project list in the Updated Master Plan shall include capacity-related improvement projects included in the 2011 Master Plan, provided still necessary and appropriate after the Revised SECAP has been performed, and all capacity-related improvement projects identified by the Revised SECAP.

20. At a minimum, Richmond shall fund and complete the following capacity-related capital improvement projects identified in the 2011 Master Plan on the following schedule:

Capacity-Related Capital Improvement Project Deadline
13th Street August 31, 2018
Cutting and Carlson December 31, 2019
Hoffman Blvd. December 31, 2019
MacDonald & Virginia June 30, 2021
1st Street Phase 1 June 30, 2023
1st Street Phase 2 June 30, 2024
If the Reevaluated Projects have been replaced by higher priority projects as described in Paragraph

17.b, Richmond shall fund and complete those higher priority projects by July 15, 2024, unless the Parties mutually agree in writing, after meeting and conferring, that a different schedule is warranted.

21. Beginning July 31, 2018 and on an ongoing bi-annual basis (i.e., on January 30 and July 31) for the term of this 2018 Settlement Agreement, Richmond shall provide Plaintiffs with bi-annual Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 17 of 126 1354
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reports regarding the design, funding, and construction status of all capacity-related capital improvement projects.

22. At least once every five (5) years from the date the Revised SECAP set forth in Paragraph 17 was completed, Richmond shall reevaluate and update the hydraulic analysis of the Collection System to reflect any changes in Collection System conditions, conditions or factors relevant to volumes of system rainfall-derived Infiltration and Inflow (“RDI/I”), dry weather infiltration, added service connections, or land-use patterns that would affect peak wet weather flows in the Collection System, the hydraulic capacity of the Collection System, and the ability of the Collection System to convey peak flows during the Design Storm without capacity-related SSOs. The 5-year update to the hydraulic analysis will rely upon data collected as part of a subsequent Flow Monitoring Program consistent with Paragraph 17.a., performed during the wet season prior to submission date of the 5-year update.

The 5-year update to the hydraulic analysis of Richmond’s Collection System will be consistent with the requirements in Paragraph 17 and shall assess the projected impact of completed capacity improvement projects from the Revised SECAP on the hydraulic capacity of the Collection System.

Richmond shall update the Revised SECAP by incorporating the updated hydraulic analysis. On or before October 15, 2024, Richmond shall provide Plaintiffs, in electronic format, the updated 2024 SECAP. Plaintiffs shall have forty-five (45) days from receipt to comment on the updated 2024 SECAP. Richmond shall incorporate Plaintiffs’ comments or explain in writing why Plaintiffs’ comments were not accepted within thirty (30) days of Richmond’s receipt of the comments. Disputes as to the adequacy of the updated 2024 SECAP to achieve the SSO Standards required shall be subject to the Dispute Resolution provisions in Section XVI of this 2018 Settlement Agreement.

IX. COLLECTION SYSTEM CONDITION ASSESSMENT AND RISK ASSESSMENT

ANALYSIS

23. Richmond shall ensure that, by June 30, 2018, all gravity sewer main lines and, by October 1, 2018, all force main sewer lines in Richmond’s Collection System have had their condition assessed within the last ten years. Condition assessment for gravity sewer lines shall be based on Closed Circuit Television (“CCTV”) inspection and shall employ the Sewer Line Condition Grading Matrix attached hereto as Attachment A. For force main sewer lines, condition assessment shall employ technologies Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 18 of 126 1355
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suitable by industry standards appropriate to the pipe material, the physical conditions encountered, and the operational parameters under which the force main assessment must be conducted, as defined in the U.S. EPA guidance document “Condition Assessment of Wastewater Collection Systems – white paper,” EPA/600/R-09/049, May 2009, attached hereto as Attachment E.

24. Throughout the term of this 2018 Settlement Agreement, Richmond shall implement a Condition Assessment Program that employs a minimum ten (10) year CCTV re-inspection cycle for all gravity sewer lines and more frequent CCTV inspection of gravity sewer main line “hot spots” as mandated by the Sewer Line Condition Grading Matrix defect score for the sewer line in issue. Force main sewer lines shall be re-inspected on the cycle defined in Table 2-1: of Attachment E.

25. No later than March 31, 2018, Richmond shall complete an updated Risk Assessment Analysis (“2018 Risk Assessment Analysis”) for all gravity sewer main lines in the Collection System rated as Grades 4 and 5 pursuant to the Pipeline Assessment and Certification Program (“PACP”).

26. On or before March 31, 2018, Richmond shall provide Plaintiffs, in electronic format, the 2018 Risk Assessment Analysis. Plaintiffs shall have forty-five (45) days from receipt to comment on the 2018 Risk Assessment Analysis. Richmond shall incorporate Plaintiffs’ comments or explain in writing why Plaintiffs’ comments were not accepted within thirty (30) days of Richmond’s receipt of the comments. Disputes as to the adequacy of the 2018 Risk Assessment Analysis to achieve the SSO Standards shall be subject to the Dispute Resolution provisions in Section XVI of this 2018 Settlement Agreement.

27. Within thirty (30) days of receipt of Plaintiffs’ comments on the 2018 Risk Assessment Analysis, Richmond shall incorporate the results of the analysis into its Collection System Rehabilitation/Repair schedule, set out in Section X below.

28. By January 15, 2019, and annually thereafter, Richmond shall perform an updated Risk Assessment Analysis on all gravity sewer line segments in Richmond’s Collection System rated Grade 4 or 5 via the PACP process and update the Rehabilitation/Repair schedule based on its results.

29. For the term of this 2018 Settlement Agreement, on or before January 15 of each year after 2018, Richmond shall provide Plaintiffs, in electronic format, that year’s updated Risk Assessment Analysis. Plaintiffs shall have forty-five (45) days from receipt to comment on the updated Risk Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 19 of 126 1356
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Assessment Analysis. Richmond shall incorporate Plaintiffs’ comments or explain in writing why Plaintiffs’ comments were not accepted within thirty (30) days of Richmond’s receipt of the comments. Disputes as to the adequacy of the updated Risk Assessment Analysis to inform a program sufficient to achieve the SSO Standards shall be subject to the Dispute Resolution provisions in Section XVI of this 2018 Settlement Agreement.

X. REPAIR, REPLACEMENT, AND REHABILITATION

30. On or before April 30, 2018, Richmond shall fund and complete construction of the partially collapsed pipe located along South 23rd Street. Within ten (10) days of completion, Richmond shall provide Plaintiffs written confirmation.

31. Within ten (10) years of the Effective Date of this 2018 Settlement Agreement, Richmond shall repair or replace approximately thirty-one miles of Grade 5 gravity sewer line, initially identified in the 2018 Risk Assessment Analysis as follows:
a. 4.8 miles of PACP rated Grade 5 gravity sewer line will be repaired or replaced as part of the13th Street, Cutting and Carlson, Hoffman Blvd., and South 23rd Street projects described in Paragraphs 20 and 30 of this 2018 Settlement Agreement; b. 6.2 miles of PACP rated Grade 5 gravity sewer line will be repaired or replaced as part of the MacDonald & Virginia, 1st Street Phase 1, and 1st Street Phase 2 projects described in Paragraph 20 of this 2018 Settlement Agreement; and
c. At least 20 miles of PACP rated Grade 5 gravity sewer line will be repaired or replaced at an approximate rate of at least 2 miles of gravity sewer line per year, based on a rolling 5-year average. Compliance with this requirement will be assessed beginning on July 1, 2018 (so the first year is July 1, 2018 through June 30, 2019). The specific Grade 5 gravity sewer lines identified in the 2018 Risk Assessment Analysis may change over time (some of the initial Grade 5 gravity sewer lines may be removed from the list because they are determined not to be Grade 5 after further investigation, and new Grade 5 gravity sewer lines may be added to future Risk Assessment Analyses due to continued aging of the Collection System); Richmond is compliant with this Paragraph if Richmond satisfies the mileage specified. Further, if Richmond achieves compliance with the SSO Reduction Performance Goals in Paragraph 11 of this 2018 Settlement Agreement, such attainment Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 20 of 126 1357
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can be the basis for extending the deadline for repairing or replacing the remaining Grade 5 gravity sewer lines. The Parties shall meet and confer upon Richmond’s request, and Plaintiffs shall consider Richmond’s request in good faith.

32. During the term of this 2018 Settlement Agreement, on or before July 31 of each year, Richmond shall report to Plaintiffs, in electronic format, documenting the completion of the annually required repairs to Grade 5 sewer line segments.

XI. COLLECTION SYSTEM OPERATIONS AND MAINTENANCE

33. On or before March 31, 2018, Richmond shall revise Veolia’s July 2013 Operations and Maintenance Plan (“2018 O&M Plan”) as follows:
a. Detail procedures used during cleaning for trapping debris, roots, and FOG and quantifying the amount of debris, roots, and FOG removed during cleaning, including but not limited to, identifying the debris trap type and standardized methodology used by Richmond during cleaning; b. Adhere to the specific cleaning frequencies and response actions in the Cleaning Frequency Response Matrix, attached hereto as Attachment D;
c. Require that cleaning of gravity sewer line segments by Richmond shall include use of a fixed hydro-flushing nozzle centering device (i.e., a nozzle skid) having a minimum of four (4) endpoints with a diameter within one (1) inch of the diameter of the gravity sewer line segment being cleaned to ensure the cleaning was effective. A gravity sewer line shall be considered adequately cleaned if the device passes through the entire sewer line segment, from manhole to manhole. If passage of the device from manhole to manhole in the gravity sewer line segment is restricted by conditions in the gravity sewer line segment, the gravity sewer line segment shall be inspected by CCTV to determine the cause of the restriction. Richmond shall maintain a list of all gravity sewer line segments where structural conditions do not permit the passage of the device and incorporate that information in its GIS map of the Collection System. Response to the findings on the structural condition of the sewer line segment from the post-proofing CCTV inspection shall be in accordance with Attachment B or D, as appropriate. If the inability of the device to pass results from insufficient cleaning, the gravity sewer line segment shall be re-cleaned until CCTV inspection confirms that the debris, root, or FOG accumulation has been removed from the sewer line segment. In addition, the Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 21 of 126 1358
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gravity sewer line segment shall be assigned the appropriate cleaning rating as per the Cleaning Frequency Response Matrix, attached hereto as Attachment D; and, d. Detail the components of the cleaning Quality Assurance/Quality Control (“QA/QC”) program consisting of post-cleaning CCTV inspection of cleaned gravity sewer lines to ensure proper and complete cleaning of Richmond’s gravity sewers (“QA/QC inspection”) and a standardized response procedure when gravity sewer line segments fail the QA/QC inspection sufficient to address cleaning program inadequacies (i.e., identifying performance issues, providing training, increasing QA/QC inspection rates to ensure cleaning effectiveness). At least ten percent (10%) of gravity sewer segments cleaned each month shall be spot checked via CCTV inspection to ensure adequate cleaning.

A QA/QC inspection shall be considered a failure if FOG/Root/Debris accumulation are observed in the sewer segment after cleaning operations. Cleaning crews that are associated with failed QA/QC inspections shall be provided additional training in proper cleaning methods and shall be provided additional oversight in the form of increased QA/QC inspections of their cleaning operations to ensure proper and complete cleaning of Richmond’s sewers.

34. On or before March 31, 2018, Richmond shall provide Plaintiffs, in electronic format, the 2018 O&M Plan. Plaintiffs shall have forty-five (45) days from receipt to comment on the 2018 O&M Plan.

Richmond shall incorporate Plaintiffs’ comments or explain in writing why Plaintiffs’ comments were not accepted, within thirty (30) days of Richmond’s receipt of the comments. Disputes as to the adequacy of the 2018 O&M Plan as an element of Richmond’s Collection System program described in this 2018 Settlement Agreement to achieve the SSO Standards shall be subject to the Dispute Resolution provisions in Section XVI of this 2018 Settlement Agreement.

35. Sewer Line Cleaning: Richmond shall clean all gravity sewer lines in Richmond’s Collection System at least once every four (4) calendar years and clean designated gravity sewer line segments more frequently as warranted by its Hot Spot Cleaning Program attached hereto as Attachment C.

36. On or before March 31, 2018, and on or before July 15 for each year thereafter during the term of this 2018 Settlement Agreement, Richmond shall complete a quantitative analysis of the effectiveness of the root foaming program to prevent root related SSOs in pipes where root foaming is performed (“Root Foaming Analysis”). Based on the results of the Root Foaming Analysis, Richmond Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 22 of 126 1359
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shall modify the root foaming program to include additional pipes with observed root intrusion problems or a history of root related SSOs, or transfer funds used for root foaming to other O&M activities (e.g., increased cleaning), as needed to meet the SSO Standards.

37. On or before March 31, 2018, and on or before July 15 for each year thereafter, Richmond shall provide Plaintiffs, in electronic format, the Root Foaming Analysis, including recommended program changes. Plaintiffs shall have forty-five (45) days from receipt to comment on the Root Foaming Analysis. Richmond shall incorporate Plaintiffs’ comments or explain in writing why Plaintiffs’ comments were not accepted, within thirty (30) days of Richmond’s receipt of the comments. Disputes as to the adequacy of the Root Foaming Analysis as an element of Richmond’s Collection System program described in this 2018 Settlement Agreement to achieve the SSO Standards shall be subject to the Dispute Resolution provisions in Section XVI of this 2018 Settlement Agreement.

38. On or before March 31, 2018, and on an ongoing basis thereafter during the term of this 2018 Settlement Agreement, Richmond shall complete an update to the Hot Spot Cleaning List to include cleaning frequencies adequate to reduce blockage related SSOs sufficient to achieve SSO Standards (e.g., bi-monthly, monthly), and adjust cleaning frequencies based on the Cleaning Frequency Response Matrix, attached hereto as Attachment D. Adjustments to cleaning frequencies, including but not limited to, cleaning observations of “Moderate” or “Heavy” debris, roots, or FOG will result in an increase in cleaning frequency to the next highest frequency (e.g., six (6) months to three (3) months).

Adjustments to cleaning frequencies, including but not limited to, a change in cleaning observation from “Moderate” or “Heavy” after three (3) consecutive cleanings to “Clear” will result in the cleaning frequency being reduced to the next lowest cleaning frequency (e.g., three (3) months to six (6) months). No reduction in cleaning frequency for a sewer line segment with a previous history of SSOs in the past five (5) calendar years shall occur without the approval of Richmond’s Water Resource Recovery Director, except where a sewer line segment has been repaired and/or replaced, in which case, the sewer line segment can be removed from the Hot Spot Cleaning List.

39. On or before March 31, 2018, and each year thereafter for the term of this 2018 Settlement Agreement, Richmond shall provide Plaintiffs, in electronic format, the updated Hot Spot Cleaning Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 23 of 126 1360
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List, including recommended program changes. Plaintiffs shall have forty-five (45) days from receipt to comment on the Hot Spot Cleaning List. Richmond shall incorporate Plaintiffs’ comments, or explain in writing why Plaintiffs’ comments were not accepted, within thirty (30) days of Richmond’s receipt of the comments. Disputes as to the adequacy of the cleaning frequency to achieve the SSO Standards shall be subject to the Dispute Resolution provisions in Section XVI of this 2018 Settlement Agreement.

XII. FATS, OILS, AND GREASE CONTROL

40. On or before December 31, 2017, Richmond shall continue to implement an educational outreach program to residents of Richmond (i.e., public school presentations, flyers or other public advertisements, or provision of free FOG disposal receptacles) designed to curtail the discharge of FOG from residences to Richmond’s Collection System.

41. On or before April 30, 2018, and on or before July 15 of each year thereafter, Richmond shall complete a quantitative analysis of commercial and residential FOG sources, and relative contribution to Richmond’s FOG-related SSOs (i.e., identify recalcitrant food service establishments (“FSE”), multi-unit housing, etc.).

42. On or before April 30, 2018, Richmond shall complete an update to the FOG Control Program to target the primary sources of FOG into Richmond’s Collection System including but not limited to:
a. Public outreach/education, including door hangers, mailers, refrigerator magnets, and grease scrapers, to all locations identified as sources of residential FOG to Richmond’s Collection System;
b. Perform surprise inspections and increase routine inspections at FSEs that are in areas that are primary sources of FOG to Richmond’s Collection System on a quarterly basis; and c. Inspect FSEs and FOG generating properties (e.g., schools, nursing homes, churches) at a minimum frequency of once per year.
d. Within five (5) days of completion, Richmond shall provide Plaintiffs written confirmation.

Richmond shall provide the updated FOG Control Program procedures within fourteen (14) days of receipt of a written request from Plaintiffs.

43. By April 30, 2018, Richmond shall update its FOG Inspection Procedures to reduce the Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 24 of 126 1361
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timeframe for re-inspection of FSEs as follows:
• FSE receiving a score equal to or more than 3 shall be re-inspected at least once every calendar year;
• FSEs receiving a score of 2 shall be re-inspected quarterly on a surprise basis until the facility achieves a score equal to or greater than 3; and
• FSEs that receive a score of 1 shall be re-inspected at least once every month on a surprise basis until the facility achieves a score equal to or greater than 3.

FSEs shall be graded per the scoring system on a scale of 1-5 with 1 being the least compliant facilities. A “failed inspection” is one in which an FSE receives a score 1 or 2.

44. On or before April 30, 2018, Richmond staff shall propose to the City Council for incorporation into Richmond Municipal Code Chapter 12.18 the following specific procedures in response to the results of FSE inspections:
a. After one (1) failed inspection, issue Notice of Violation (“NOV”) and increase inspection per the frequency established in Paragraph 43;
b. After two (2) or more failed inspections, issue a citation and administrative fine in accordance with subsection (g) and conduct surprise inspection per the frequency established in Paragraph 43;
c. Fines escalate if the same violation occurs within 365 days as follows: $250 fine for first citation; $500 fine for second citation; and $1,000 fine for third citation. d. Within five (5) days of modification to the Richmond Municipal Code as detailed above, Richmond shall provide Plaintiffs written confirmation.

45. By April 30, 2018, Richmond and Veolia shall create a procedure by which: (1) City staff conducting FSE inspections report the locations of violations to Veolia staff maintaining Richmond’s Collection System to inform the cleaning schedule; and (2) Veolia staff maintaining Richmond’s Collection System report areas with high volumes of FOG buildup to inform Richmond’s FSE inspections.

46. On or before April 30, 2018, and July 15 of each year thereafter for the term of this 2018 Settlement Agreement, Richmond shall provide Plaintiffs, in electronic format, the quantitative Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 25 of 126 1362
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analysis of commercial and residential FOG sources, including any changes to the FOG Control Program as an element of Richmond’s Collection System program described in this 2018 Settlement Agreement sufficient to achieve the SSO Standards. Plaintiffs shall have forty-five (45) days from receipt to comment on the quantitative FOG Sources analysis. Richmond shall incorporate Plaintiffs’ comments or explain in writing why Plaintiffs’ comments were not accepted, within thirty (30) days of Richmond’s receipt of the comments. Disputes as to the adequacy of the FOG sources analysis and the FOG Control Program as an element of Richmond’s Collection System program described in this 2018 Settlement Agreement to achieve the SSO Standards shall be subject to the Dispute Resolution provisions in Section XVI of this 2018 Settlement Agreement.

XIII. SSO REPORTING AND RESPONSE

47. On or before March 31 of each calendar year during the term of this 2018 Settlement Agreement, Richmond shall provide Annual SSO Summary Reports to Plaintiffs. Such reports shall set forth a narrative summary, a table of SSOs for the calendar year prior, and a comparison to the SSO Standards, including that calendar year’s SSO Reduction Performance Goals. The reports shall provide the information for SSOs required by State Board Monitoring and Reporting Program, Order No. 2006-0003-DWQ, amended by Order No. WQ 2013-0058-EXEC, which includes:
a. Location of SSO by GPS coordinates (if available) or street address; b. Whether or not the SSO entered a drainage channel and/or surface water; c. Whether or not the SSO was discharged to a storm drain pipe that was not fully captured and returned to the sanitary sewer system;
d. Estimated SSO volume in gallons;
e. Estimate of SSO volume in gallons that reached surface water, a drainage channel, or was not recovered from a storm drain;
f. Estimate of SSO volume in gallons recovered;
g. SSO source (manhole, cleanout, etc.);
h. SSO cause (mainline blockage, roots, etc.);
i. Time of SSO notification or discovery;
j. Estimated operator arrival time;
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k. SSO destination;
l. Estimated SSO end time; and
m. Final SSO Identification (ID) Number.

48. For SSOs that equal or exceed one thousand (1,000) gallons, which result in a discharge to a drainage channel and/or surface water, or discharge to a storm drainpipe that was not fully captured and returned to the sanitary sewer system, the Annual SSO Summary Reports shall include all information listed above as well as:
a. Response and corrective action taken;
b. If samples were taken, identify which regulatory agencies received sample results (if applicable). If no samples were taken, N/A must be indicated. c. Parameters that samples were analyzed for (if applicable); d. Identification of whether or not health warnings were posted; e. Beaches impacted (if applicable). If no beach was impacted, N/A must be indicated; f. Whether or not there is an ongoing investigation;
g. Steps taken or planned to reduce, eliminate, and prevent recurrence of the overflow and a schedule of major milestones for those steps;
h. Office of Emergency Services (“OES”) control number (if applicable); i. Date OES was called (if applicable);
j. Time OES was called (if applicable);
k. Identification of whether or not County Health Officers were called; l. Date County Health Officer was called (if applicable); and m. Time County Health Officer was called (if applicable).

49. The Annual SSO Summary Reports shall also include a summary of the capital improvements completed in Richmond’s Collection System during the calendar year, and the total cost associated with each capital expenditure. In addition, the Annual SSO Summary Reports shall include any changes to the total amount of sewer line in Richmond’s Collection System that will affect calculation of the allowable SSO Reduction Performance Goals.

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XIV. SSO REDUCTION ACTION PLAN

50. If Richmond documents SSOs in excess of the SSO Reduction Performance Goals of this 2018 Settlement Agreement in its Annual SSO Summary Report, Richmond shall submit to Plaintiffs, on or before July 31 of that year, an SSO Reduction Action Plan that specifies the actions taken in the prior calendar year pursuant to this 2018 Settlement Agreement and additional measures to be taken, which are sufficient to achieve compliance with the SSO Standards in future years. The SSO Reduction Action Plan shall include a schedule for implementation of all actions proposed.

51. Plaintiffs shall provide Richmond with all recommended revisions to the SSO Reduction Action Plan within thirty (30) days of receipt of such Plan. Richmond shall indicate within thirty (30) days of receipt of Plaintiffs’ recommended revisions whether Richmond accepts any such recommendations for revision, and if so, Richmond shall within thirty (30) days revise the SSO Reduction Action Plan in accordance with Plaintiffs’ recommendations. If Richmond does not accept Plaintiffs’ recommendations, any party may seek Formal Dispute Resolution process pursuant to Section XVI of this 2018 Settlement Agreement. To the extent the Parties do not dispute original provisions or recommended revisions, Richmond shall implement all undisputed provisions or revisions. After the Parties have reached agreement on the SSO Reduction Action Plan or after Formal Dispute Resolution resolves any dispute concerning the SSO Reduction Action Plan, Richmond shall implement the SSO Reduction Action Plan as a requirement of this 2018 Settlement Agreement.

52. All actions and measures discussed in an SSO Reduction Action Plan shall become enforceable requirements under this 2018 Settlement Agreement. The SSO Reduction Action Plan shall consist of a quantitative analysis of the increased level of effort for each program element described in this 2018 Settlement Agreement necessary to achieve compliance with SSO Standards. If additional funding to accomplish the program elements identified is unnecessary, then Richmond shall explain in the SSO Reduction Action Plan why it is unnecessary. If additional funding is necessary, Richmond shall seek such funding and set forth in the SSO Reduction Action Plan any potential funding sources to be used or sought. If Richmond seeks financing, but is unsuccessful, Richmond will disclose in the SSO Reduction Action Plan the extent of their efforts (e.g., copies of applications, amount sought, from whom, reasons for rejection).

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XV. FEES, COSTS, EXPENSES, AND COMPLIANCE MONITORING FUNDS

53. Reimbursement of Fees and Costs: To help defray Plaintiffs’ attorneys, consultants, and expert fees and costs, and any other costs incurred as a result of investigating, filing, and negotiating resolution of Plaintiffs’ Motion, Richmond shall provide to Plaintiffs a total of three hundred and ten thousand dollars ($310,000.00). The total fees and costs payment shall be made payable to “Baykeeper” addressed to 1736 Franklin Street, Suite 800, Oakland, California 94612 within thirty (30) days after the Effective Date.

54. Compliance Monitoring Funds: To compensate Plaintiffs for time spent by legal staff or technical consultants reviewing compliance reports and any other documents, Richmond shall provide to Plaintiffs thirty thousand dollars ($30,000.00) in 2018 and 2019. For all other years during the term of this 2018 Settlement Agreement, Richmond shall provide to Plaintiffs fifteen thousand dollars ($15,000) per year thereafter for costs and fees associated with annual monitoring of Richmond’s compliance with this 2018 Settlement Agreement through the termination date of this 2018 Settlement Agreement. The first annual compliance monitoring fund payment shall be made payable to “Baykeeper” addressed to 1736 Franklin Street, Suite 800, Oakland, California 94612 within thirty (30) days after the Effective Date, and annually on or before January 1 of each following year during the term of this 2018 Settlement Agreement.

XVI. BREACH OF AGREEMENT AND DISPUTE RESOLUTION PROCEDURES

55. Force Majeure: Richmond shall notify Plaintiffs pursuant to the terms of this Paragraph, where implementation of the requirements set forth in this 2018 Settlement Agreement, becomes impossible, despite the timely good-faith efforts of Richmond, due to circumstances beyond the control of Richmond or its agents, and which could not have been reasonably foreseen and prevented by the exercise of due diligence by Richmond. Any delays due to inadequate program funding, Richmond’s failure to make timely and bona fide applications and to exercise diligent efforts to obtain permits, or normal inclement weather shall not, in any event, be considered to be circumstances beyond Richmond’s control.
a. If Richmond claims impossibility, it shall notify Plaintiffs in writing within ten (10) days of the date that Richmond first knew of the event or circumstance or should have known of the event or Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 29 of 126 1366
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circumstance by the exercise of due diligence and shall describe the reason for the non-performance.

Richmond’s notice shall specifically refer to this Paragraph of this 2018 Settlement Agreement and describe the anticipated length of time the delay may persist, the cause or causes of the delay, the measures taken or to be taken by Richmond to prevent or minimize the delay, the schedule by which the measures will be implemented, and the anticipated date of compliance. Richmond shall adopt all reasonable measures to avoid and minimize such delays.
b. The Parties shall meet and confer in good faith concerning the non-performance and, where the Parties concur that the non-performance was or is impossible, despite the timely good faith efforts of Richmond, due to circumstances beyond the control of Richmond that could not have been reasonably foreseen and prevented by the exercise of due diligence by Richmond, new performance requirements or deadlines shall be established.
c. If Plaintiffs disagree with Richmond’s notice, or in the event that the Parties cannot timely agree on the terms of new performance deadlines or requirements, either Party shall have the right to invoke the Formal Dispute Resolution process pursuant to Section XVI of this 2018 Settlement Agreement. In such proceeding, Richmond shall bear the burden of proving that any delay of any requirement of this 2018 Settlement Agreement was caused or will be caused by force majeure and the extent of any delay attributable to such circumstances.

56. Delays due to inadequate program funding, notwithstanding the good faith efforts of Richmond to secure funding, can be the basis for extending deadlines beyond the current term of this 2018 Settlement Agreement for any additional capacity-related project identified in the SECAP prepared pursuant to this 2018 Settlement Agreement. Richmond must notify Plaintiffs as soon as possible if it believes that a delay will occur due to inadequate program funding. In the notification, Richmond shall submit to Plaintiffs all documents showing its efforts to secure adequate program funding, shall explain how Richmond intends to secure adequate program funding, and propose an alternative deadline for compliance. Plaintiffs have the right to request, and Richmond shall provide, any documents related to Richmond’s notification. The Parties shall meet and confer within ten (10) days of Richmond’s notification, unless the Parties otherwise agree on a different schedule. Plaintiffs shall consider Richmond’s request in good faith but have no obligation to modify any requirement in this Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 30 of 126 1367
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2018 Settlement Agreement due to inadequate program funding.

57. Alternative Dispute Resolution: The dispute-resolution procedure set forth below shall be the exclusive mechanism for resolving disputes between the Parties with regard to any aspect of this 2018 Settlement Agreement.

58. Informal Dispute Resolution. The Parties agree to engage in Informal Dispute Resolution pursuant to the terms of this paragraph:
a. Meet and Confer: If a dispute under this 2018 Settlement Agreement arises, or any party believes that a breach of this Agreement has occurred, the Parties shall meet and confer (telephonically or in-person) within ten (10) days of receiving written notification of a request for such meeting.

During the meet and confer proceeding, the Parties shall discuss the dispute and make best efforts to devise a mutually agreed upon plan, including implementation dates, to resolve the dispute. The Parties may, upon mutual written agreement, extend the time to conduct the meet and confer discussions beyond ten (10) days.
b. If any Party fails to meet and confer within the timeframes set forth in Paragraph 58.a. or the meet and confer does not resolve the dispute, after at least ten (10) days have passed after the meet and confer occurred or should have occurred, either party shall be entitled to initiate the Formal Dispute Resolution procedures as outlined in Paragraph 59 below.

59. Formal Dispute Resolution: The Parties agree that any action or proceeding which is brought by any Party against any other Party pertaining to, arising out of, or related to the requirements of this 2018 Settlement Agreement shall first utilize the Informal Dispute Resolution procedures set forth in the preceding Paragraph, and, if not successful, the Parties shall utilize the Formal Dispute Resolution proceedings in this Paragraph. The Parties agree that Formal Dispute Resolution shall be initiated by filing a Motion to Show Cause or other appropriately named motion (“Dispute Motion”) in District Court, before Judge Chesney, to determine whether either Party is in breach of this 2018 Settlement Agreement and, if so, to require the breaching Party to remedy any breach identified by the District Court within a reasonable time frame. The party filing any such Dispute Motion may request expedited review of the Dispute Motion. If Judge Chesney is not available to perform the role identified herein, the Parties agree that the Dispute Motion shall be re-assigned pursuant to applicable Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 31 of 126 1368
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rules of the District Court. The prevailing or substantially prevailing party in the Formal Dispute Resolution proceeding shall receive its reasonable costs and attorney’s fees incurred in both Informal and Formal Dispute Resolution in accordance with the standard established by § 505 of the Clean Water Act, 33 U.S.C. §1365.

XVII. STIPULATED PAYMENTS

60. If Richmond knows that a report will be submitted late, Richmond shall notify the Plaintiffs by telephone or email no later than two (2) business days before the report’s due date.

61. Richmond shall pay the following stipulated payments during the Term of this 2018 Settlement Agreement:
a. $500 per day after the due date that Richmond fails to timely submit any document, report, or other communication required in this 2018 Settlement Agreement; and b. $500 per day for every day after the due date that Richmond fails to timely submit any payments due under Paragraphs 53-54 of this 2018 Settlement Agreement.

62. In the case of a late report, Richmond shall send Plaintiffs the report per Section XVIII.

Plaintiffs shall notify Richmond of receipt of the late report, and shall include an invoice for the amount of the stipulated payment, if any, due and payable. Richmond shall contact Plaintiffs within ten (10) business days if Richmond disagrees with Plaintiffs’ stipulated payment calculation and may meet and confer with Plaintiffs or invoke other proceedings regarding the stipulated payments pursuant to Section XVI of this 2018 Settlement Agreement. Otherwise, Richmond shall pay any stipulated payments due pursuant to this 2018 Settlement Agreement within thirty (30) days after receipt of the Plaintiffs’ invoice itemizing the stipulated payment liability.

63. All payments of stipulated payments described above shall be paid by Richmond via overnight mail to: “Rose Foundation for Communities and the Environment,” 201 4th Street, Suite 102, Oakland, California 94607, Attn: Tim Little. Copies and/or notice of payment shall be sent concurrently to Plaintiffs to the addresses and via the methods set forth in Section XVIII.

XVIII. NOTICES AND SUBMISSIONS

64. Correspondence. Any notices, documents, or correspondence pertaining to this 2018 Settlement Agreement shall be, to the extent feasible sent via electronic mail transmission to the eCase 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 32 of 126 1369
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mail addresses listed below, or if electronic mail transmission is not feasible, via certified U.S. Mail with return receipt, or by hand delivery as follows:

If to Plaintiffs:

Erica A. Maharg
Nicole C. Sasaki
San Francisco Baykeeper
1736 Franklin Street, Suite 800
Oakland, CA 94612
Telephone: (510) 735-9700
Email: [email protected]
Email: [email protected]
Daniel Cooper
Lawyers for Clean Water
1004A O’Reilly Avenue
San Francisco, CA 94129
Telephone: (415) 440-6520
Email: [email protected]
If to Richmond:

Everett Jenkins
City of Richmond, City Attorney’s Office
450 Civic Center Plaza
Richmond, CA 94804
Telephone: (510) 620-6509
Email: [email protected]
Ryan Smith
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Telephone: (510) 620-5846
Email: [email protected]
Nicole Granquist

DOWNEY BRAND LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Telephone: (916) 444-1000
Email: [email protected]

65. Notifications and communications shall be deemed submitted on the date transmitted via email or postmarked and sent by first-class mail or deposited with an overnight mail/delivery service.

66. Richmond also agrees to make available to Plaintiffs any documents reasonably necessary to Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 33 of 126 1370
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evaluate system performance and/or compliance with this 2018 Settlement Agreement within thirty (30) days of written request by Plaintiffs.

67. During the term of this 2018 Settlement Agreement, Richmond shall preserve at least one (1) legible copy of all records and documents, including computer-stored information, in its possession, which relate to its performance of its obligations under this 2018 Settlement Agreement.

68. Any notice, report, certification, data presentation or other document submitted by Richmond to Plaintiffs pursuant to this 2018 Settlement Agreement, which discusses, describes, demonstrates, or supports any finding or makes any representation concerning compliance or noncompliance with any requirement(s) of this 2018 Settlement Agreement, shall contain the following certification, signed by a responsible official:

I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted and is, to the best of my knowledge and belief, true, accurate and complete.

XIX. MUTUAL RELEASE OF LIABILITY

69. Except for alleged violations of this 2018 Settlement Agreement, which shall be addressed in accordance with the Dispute Resolution in Section XVI above, and any failure to provide any ongoing payments as set forth in Paragraphs 54, in consideration of the above, upon the Effective Date of this 2018 Settlement Agreement, the Parties hereby fully release and covenant not to sue each other and their respective successors, assigns, officers, agents, attorneys, employees, representatives and all persons, firms, and corporations having an interest in them, from any and all claims and demands of any kind, nature, or description, and from any and all liabilities, relief, damages, fees (including fees of attorneys, experts, and others) alleged in the Motion or the underlying Complaint originally filed in this action, up to and including the Termination Date of this 2018 Settlement Agreement. This provision is applicable and will survive beyond the Termination Date of this Agreement.

70. Plaintiffs and Richmond acknowledge that they are familiar with section 1542 of the California Civil Code, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

71. Plaintiffs and Richmond hereby waive and relinquish any rights or benefits they may have Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 34 of 126 1371
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under California Civil Code section 1542 with respect to any other claims against each other arising from the allegations and claims as set forth or that could have been set forth in the Motion up to and including the Termination Date of this Agreement.

72. Nothing in this 2018 Settlement Agreement limits or otherwise affects Plaintiffs’ right to address or take any position Plaintiffs deem necessary or appropriate in any formal or informal proceeding before the Regional Board, EPA, or any other judicial or administrative body on any other matter relating to Richmond.

XX. COMMITMENTS OF PLAINTIFFS

73. Submission of 2018 Settlement Agreement to Federal Agencies: Plaintiffs shall submit this 2018 Settlement Agreement to the U.S. Department of Justice and U.S. Environmental Protection Agency within five (5) days of full execution of the 2018 Settlement Agreement for the 45-day agency review consistent with 40 C.F.R. § 135.5. In the event that the federal agencies comment negatively on the provisions of this 2018 Settlement Agreement, the Parties agree to meet and confer to resolve the issue(s) raised by the federal agencies.

74. Stipulated Dismissal: Within five (5) days of receiving the U.S. Department of Justice’s comments on the 2018 Settlement Agreement, or if the U.S. Department of Justice does not comment on the 2018 Settlement Agreement within the prescribed 45-day period, Plaintiffs shall file with the Court a: (1) Stipulated Request for Entry of Settlement Agreement; and (2) Notice of Dismissal of Plaintiffs’ Motion for an Order Finding Richmond in Civil Contempt of Court.

XXI. GENERAL PROVISIONS

75. Communications: In any public communications about fee increase(s) related to this 2018 Settlement Agreement, City staff shall not cite Plaintiffs or this 2018 Settlement Agreement as the sole reason for such fee increase.

76. Continuing Jurisdiction: The Court shall retain jurisdiction to enforce the terms and conditions of this 2018 Settlement Agreement and to resolve disputes arising hereunder as may be necessary or appropriate for the construction or execution of the 2018 Settlement Agreement up to and including the Termination Date.

77. Construction: The language in all parts of this 2018 Settlement Agreement shall be construed Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 35 of 126 1372
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according to its plain and ordinary meaning, except as to those terms defined in the 2013 Joint Permit, the Clean Water Act, or specifically herein.

78. Choice of Law: The laws of the United States shall govern this 2018 Settlement Agreement.

79. Severability: In the event that any provision, paragraph, section, or sentence of this 2018 Settlement Agreement is held by a Court to be unenforceable, the validity of the enforceable provisions shall not be adversely affected.

80. Counterparts: This 2018 Settlement Agreement may be executed in any number of counterparts, all of which together shall constitute one original document. Telecopy, emailed, and/or facsimile copies of original signature shall be deemed to be originally executed counterparts of this 2018 Settlement Agreement.

81. Modification of the 2018 Settlement Agreement: This 2018 Settlement Agreement, and any provisions herein, may not be changed, waived, discharged, or terminated unless by a written instrument, signed by the Parties.

82. Full Settlement: This 2018 Settlement Agreement constitutes a full and final settlement of this matter.

83. Integration Clause: This is an integrated Settlement Agreement. This 2018 Settlement Agreement is intended to be a full and complete statement of the terms of the agreement between the Parties and expressly supersedes any and all prior oral or written agreements, covenants, representations, and warranties (express or implied) concerning the subject matter of this 2018 Settlement Agreement.

84. Authority: The undersigned representatives for Plaintiffs and Richmond each certify that he/she is fully authorized by the party whom he/she represents to enter into the terms and conditions of this 2018 Settlement Agreement.
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ATTACHMENT A
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Attachment A
Sewer Line Condition Grading Matrix
Preface:

The Pipeline Assessment and Certification Program (“PACP”) used by Richmond provides a mechanism for creating reliable descriptions of sewer line segment conditions. Richmond has also developed a system based on the PACP codes to assign a condition rating to sewer line segments. Requirements of the grading system were as follows:

1. The grading system should be direct and objective; and

2. Provide the ability to quantitatively measure the difference in sewer line segment between one inspection and subsequent inspections, and to prioritize among different sewer line segments.

Approach:

Using the PACP Code Matrix, each PACP defect code is assigned a condition grade from 1 to 5.

Grades are assigned based on potential for further deterioration or pipe failure. Pipe failure is defined as when the pipe can no longer convey the pipe design capacity.

Grades are assigned for two categories: (1) Structural Defects; and (2) Operating and Maintenance (“O&M”) Defects.

Grades are as follows:
5 – Immediate Attention Defects requiring immediate attention 4 - Poor Sever defects that will become Grade 5 defects within the foreseeable future
3 - Fair Moderate defects that will continue to deteriorate 2 - Good Defects that have not begun to deteriorate
1 - Excellent Minor defects
The mechanisms and rates of pipeline deterioration are highly dependent on local conditions.

However, the following general guidelines are provided to estimate the amount of time before the defect causes complete line failure.
5 – Pipe has failed or will likely fail within the next five (5) years 4 – Pipe will probably fail in five (5) to ten (10) years Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 41 of 126 1378
3 – Pipe may fail in ten (10) to twenty (20) years
2 – Pipe unlikely to fail for at least twenty (20) years 1 – Failure unlikely in the foreseeable future
Grading of Continuous Defects:

The PACP continuous defect feature is used to denote where long portions of a sewer line segment are affected by the same defect, without Richmond having to repetitively enter point defects. However, to develop a grade for the sewer line segment, a mechanism is needed to translate a continuous defect into an equivalent number of point defects. The equivalent number (i.e., quantity) of “truly” and “repeating” continuous defects is calculated by dividing the length of the continuous defect by 5. For example, a 20-foot long continuous defect, Grade 3, should equate to four (4) Grade 3 defects. Fractions are rounded to the nearest whole number.

Pipe Ratings:

The pipe rating is based on the number of occurrences for each condition grade. Ratings are calculated separately for Structural Defects and O&M Defects. Several ways of expressing sewer line segment condition are used by the PACP Condition Grading System as follows:

Segment Grade Scores – Each sewer line segment will have a Segment Grade Score for each of the five (5) grades. The number of occurrences of each pipe grade is multiplied by the pipe grade to calculate the segment grade score. For example, six (6) Grade 5 defects would be 6 times 5 and equates to a Segment Grade 5 Score of 30. If a sewer line segment had no defects of a particular grade, then the Segment Grade Score for that grade would be 0.

Overall Pipe Rating – The five (5) Segment Grade Scores are added together to calculate the Overall Pipe Rating. Structural Pipe Ratings are calculated using only Structural Defect grades, while O&M Pipe Ratings are calculated using only O&M Defect grades.

PACP Quick Rating – The PACP Quick Rating is a shorthand way of expressing the number of occurrences for the two (2) highest severity grades. The PACP Quick Rating is a four character score as follows:

1. The first character is the highest severity grade occurring along the sewer line segment length.

2. The second character is the total number of occurrences of the highest severity grade. If the total number exceeds 9, then alphabetic characters are used as follows – 10 to 14 – A; 15 to 19 – B; 20 to 24 – C; etc.

3. The third character is the next highest severity grade occurring along the sewer line segment length.

4. The fourth character is the total number of the second highest severity grade occurrences, derived as in item 2 above.

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Examples:
4B27: 15 to 19 Grade 4 defects and seven Grade 2 defects were found. 3224: 2 Grade 3 defects and 4 Grade 3 defects were found.

If a sewer line segment only has defects of one grade, the first two characters are the grade and the quantity of defects, and the last two characters are 00 (denoting no other defect grades). A sewer line segment with no defects would have a Quick Score of 0000 (all zeros).

The PACP Quick Rating provides the ability to summarize the number and severity of defects found within a sewer line segment. As with the Pipe Rating, Quick Structural Ratings are calculated using only Structural Defect Grades, and Quick O&M Ratings are calculated using only O&M Defect Grades.

Pipe Ratings Index – The is an indicator of the distribution of defect severity. The Pipe Ratings Index is calculated by dividing the Pipe Rating by the number of defects. For example, the Structural Pipe Ratings Index would be the Structural Pipe Rating divided by the number of structural defects. Pipe Ratings Indexes are calculated for Structural, O&M, and Overall. A sewer line segment with a Pipe Rating of zero (0) would have Pipe Rating Index of zero (0).

Summary:

The following procedures are used to calculate sewer line segment ratings using the PACP Condition Grading System:

1. Determine the number of occurrences for each condition grade within the sewer line segment. Calculate separately for Structural Defect Grades and O&M Defect Grades.

2. Calculate the Segment Grade Score by multiplying the number of occurrences by the respective grade 1 through 5. Calculate the Structural Segment Grade Score and the O&M Segment Grade Score separately, then add together for the Overall Segment Grade Score.

3. Calculate the Pipe Rating for the pipe segment by adding the Segment Grade Scores.

Add all five (5) Structural Segment Grade Scores for the O&M Pipe Rating. Add all five (5) Overall Segment Grade Scores for the Overall Pipe Rating.

4. Determine the PACP Quick Rating by calculating the number of occurrences of the two (2) highest severity grades.

5. Calculate the Pipe Ratings Index by dividing the Pipe Rating by the number of defects. If the sewer line segment has no defects, the Pipe Rating Index is zero (0).

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ATTACHMENT B
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 44 of 126 1381
Attachment B
PACP Table
Preface:

Richmond shall use the Pipeline Assessment and Certification Program (“PACP”) Table below to assess sewer line segments in Richmond’s Collection System.

PACP Table:

Observed Defect Corrective
Action
Time Frame
(from date
defect observed)
Other Action
PACP Grade 4 or 5
Maintenance Defect
Clean sewer Schedule per Hot
Spot Cleaning
Program
Place on preventive
cleaning or root
control schedule as
appropriate, or
schedule point repair
PACP Grade 3 Maintenance
Defect
Clean sewer Schedule per Hot
Spot Cleaning
Program
Place on preventive
cleaning or root
control schedule as
appropriate, or
schedule point repair
PACP Grade 5 Structural
Defect
Repair,
rehabilitate, or
reinspect sewer
Plan and
schedule
corrective action
via the City’s
Risk Assessment
Analysis
Re-inspect within one
year if corrective not
yet taken
PACP Grade 4 Structural
Defect
Repair,
rehabilitate, or
reinspect sewer
Plan and
schedule
corrective action
via the City’s
Risk Assessment
Analysis
Re-inspect within
three years if
corrective action not
yet taken
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 45 of 126 1382

ATTACHMENT C
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Attachment C
Hot Spot Cleaning Program
Preface:

This document outlines the identification of, and management of the “Hot Spot” Cleaning Program for Richmond’s Collection System.
“Hot Spots” are defined as a specific sewer line segment, or section of sanitary sewer line that requires more frequent maintenance due to its O&M rating (i.e., amount of, severity, and frequency of buildup of grease, roots, settled deposits, mechanical or structure defect, or other materials that interferes with the normal operation of that line). By establishing a tailored, more aggressive cleaning frequency for these trouble spots, and monitoring the ongoing condition of these lines, Richmond can prevent SSOs and unwanted interruption in adequate service.

Identification and Management of Hot Spots:

Hot Spots are identified through three (3) primary mechanisms:

1. An SSO or backup;

2. Through observations and grading using the PACP Table during CCTV inspection; and !" Field observation during regular scheduled maintenance.

After a sewer line segment has been identified for more frequent cleaning and inspection through the Hot Spot Program, it will be evaluated using both the PACP grading system, intimate knowledge of the system from Field Operations, and a risk assessment to assign a cleaning frequency.

There are five (5) main levels, dependent on the O&M severity of the sewer line segment:

1. Bi-monthly (i.e., two (2) times per month);

2. Monthly;

3. Every three (3) months;

4. Every six (6) months; and

5. Every twelve (12) months.

Pipe segments receiving a PACP Maintenance Defect score of 4 or 5 will be cleaned within 30 days and placed in the Hot Spot Cleaning Program at a 6-month cleaning frequency.

Pipe segments receiving a PACP Maintenance Defect score of 3 will be cleaned within 120 days and placed in the Hot Spot Cleaning Program at a 12-month cleaning frequency.

When a sewer line segment is determined to be put on the Hot Spot list for more frequent cleaning and observation, it will remain on that list until its condition has been observed satisfactory (i.e., not in need of more frequent cleaning) during no less than three (3) consecutive inspections while on the Hot Spot Program.

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ATTACHMENT D
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Attachment D
Cleaning Frequency Response Matrix
Clear Light Moderate Heavy
Debris ¼ Debris Trap
Volume/500
Linear Feet
(LF) or less
1 pass
½ Debris Trap
Volume/500
LF
2 passes
¾ Debris Trap
Volume/500 LF
3 passes
1 full Debris Trap or
Greater
Operator concern for
future stoppage
4 or more passes
Grease ¼ Debris Trap
Volume/500
LF
1 pass
½ Debris Trap
Volume/500
LF
15 minutes or
less to clean
2 passes
¾ Debris Trap
Volume/500 LF
15-30 minutes to
clean
3 passes
1 full Debris Trap or
Greater
Operator concern for
future stoppage
4 or more passes
Roots ¼ Debris Trap
Volume/500
LF
1 pass
½ Debris Trap
Volume/500
LF
2 passes
¾ Debris Trap
Volume/500 LF
3 passes
1 full Debris Trap or
Greater
Operator concern for
future stoppage
4 or more passes
Debris:

Structural
sewer line
fragments,
soil, rock,
etc.

No observable
materials
Minor amount
of material
(specify type
of material if
possible)
Moderate
amount of
material (specify
type of material
if possible) per
sewer line
segment
Significant amount of
material (specify type of
material if possible) per
sewer line segment
Operator concern for
future stoppage
Action Decrease
frequency to
next lower
frequency
after three (3)
consecutive
results (e.g., 6
months to 12
months)
Continue
current
maintenance
frequency
Increase current
maintenance
frequency to
next higher
frequency (e.g.,
6 months to 3
months)
Increase current
maintenance frequency
to next higher frequency
(e.g., 6 months to 3
months)
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 49 of 126 1386

ATTACHMENT E
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Condition Assessment of
Wastewater Collection Systems

WHITE PAPER
Office of Research and Development
National Risk Management Research Laboratory - Water Supply and Water Resources Division EPA/600/R-09/049 | May 2009 | www.epa.gov/nrmrl Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 51 of 126 1388
United States
Environmental Protection
Agency
Office of Research
and Development
Washington, DC 20460
Final Report
May 2009
EPA/600/R-09/049
White Paper on
Condition Assessment of
Wastewater Collection
Systems
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 52 of 126 1389
White Paper on
Condition Assessment of Wastewater Collection
Systems
by
Christopher S. Feeney
The Louis Berger Group, Inc.

Scott Thayer
Redzone Robotics, Inc.

Michael Bonomo
ADS Environmental Services, LLC
Kathy Martel, P.E.

The Cadmus Group
Contract No. EP-C-05-058
Task Order No. 59
Task Order Manager
Dr. Fu-hsiung (Dennis) F. Lai
Water Supply and Water Resources Division
2890 Woodbridge Avenue (MS-104)
Edison, NJ 08837
National Risk Management Research Laboratory
Office of Research and Development
U.S. Environmental Protection Agency
Cincinnati, Ohio 45268
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 53 of 126 1390
Disclaimer
The U.S. Environmental Protection Agency, through its Office of Research and Development, funded and managed, and collaborated in the research described herein. It has been subjected to the Agency’s peer and administrative review and has been approved for publication. Any opinions expressed in this report are those of the author(s) and do not necessarily reflect the views of the Agency, therefore, no official endorsement should be inferred. Any mention of trade names or commercial products does not constitute endorsement or recommendation for use.
ii
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Contents
Disclaimer ii
Contents iii
List of Figures v
List of Tables v
Symbols and Acronyms vi
Executive Summary 1

1.0 Overview of Task Order 59 1-1

1.1 Project Background 1-1

1.2 Purpose and Scope 1-1

1.3 Definition of Terms 1-2

1.4 Critical Gaps in Inspection Technologies and Condition Assessment 1-3

1.4.1 Gravity Line Inspection 1-4

1.4.2 Pressure Line/Force Main Inspection 1-4

1.4.3 Condition Assessment Protocols 1-4

1.5 Research Questions 1-4

2.0 Condition Assessment 2-6

2.1 Program Development 2-7

2.2 Asset Inspection 2-8

2.2.1 Selection of Assets for Inspection 2-8

2.2.2 Prioritization of Assets 2-9

2.2.3 Asset Inspection 2-9

2.3 Data Management 2-9

2.3.1 Condition Assessment/Asset Management Software 2-9

2.3.2 General Database Management Software 2-10

2.3.3 Spreadsheet Software 2-10

2.4 Data Analysis 2-10

2.4.1 Hydraulic Capacity/Hydraulic Restrictions 2-10

2.4.2 Structural Condition 2-11

2.5 Decision Making 2-13

3.0 Dynamics of Wastewater Collection System Failure 3-16

3.1 Failure Mechanisms 3-16

3.1.1 Hydraulic Restrictions 3-16

3.1.2 Hydraulic Capacity 3-16

3.1.3 Structural Failure 3-17

3.2 Pipe Defects 3-18

3.3 Correlations between Assessed Conditions and Performance Measures 3-19 Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 55 of 126 1392

4.0 Inspection Technologies 4-21

4.1 Camera Inspection 4-22

4.1.1 Zoom Camera Inspection 4-23

4.1.2 Digital Scanning 4-25

4.1.3 Camera Deployment 4-27

4.2 Acoustic Technologies 4-30

4.2.1 Leak Detectors 4-31

4.2.2 Acoustic Monitoring Systems 4-33

4.2.3 Sonar and Ultrasonic Testing 4-34

4.3 Electrical and Electromagnetic Methods 4-35

4.3.1 Electrical Leak Location Method 4-36

4.3.2 Eddy Current Testing and Remote Field Eddy Current Technology 4-37

4.3.3 Magnetic Flux Leakage Detection 4-40

4.4 Laser Profiling 4-41

4.5 Flow Meters 4-42

4.6 Innovative Technologies 4-43

4.6.1 Gamma-Gamma Logging 4-43

4.6.2 Ground Penetrating Radar 4-44

4.6.3 Infrared Thermography 4-44

4.6.4 Micro-Deflection 4-45

4.6.5 Impact Echo/Spectral Analysis of Surface Waves (SASW) 4-45

4.6.6 Ultrasonic Testing Systems 4-45

5.0 Technology Forum Summary 5-46

5.1 Background 5-46

5.2 General Discussion 5-46

5.3 Critical Gaps Identified in State of the Science 5-47

5.4 Recommended Next Steps 5-48

6.0 References 6-50
Appendix A A-1
Camera Technologies A-2
Acoustic Technologies A-5
Electrical and Electromagnetic Products A-7
Laser Products A-9
iv
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List of Figures
Figure 2-1: Condition Assessment 2-6
Figure 5-1: Technology Forum Attendees 5-49
List of Tables
Table ES-1: Summary of Emerging and Innovative Technologies ES-4 Table 2-1: Condition Assessment Matrix 2-15
Table 3-1: Most Common Pipe Defects Identified 3-19
Table 4-1: Inspection Technology Overview 4-21
Table 4-2: Zoom Camera Inspection Summary 4-24
Table 4-3: Digital Camera Scanning Inspection Summary 4-26 Table 4-4: Pushcam Product Comparison 4-28
Table 4-5: Lateral Launcher Product Comparison 4-29
Table 4-6: Small Diameter Tractor Product Comparison 4-29 Table 4-7: Long Range Tractor Product Comparison 4-29
Table 4-8: Acoustic Technology Summary 4-31
Table 4-9: Sonar Product Comparison 4-35
Table 4-10: Electrical and Electromagnetic Methods Summary 4-36 Table 4-11: MFL Product Comparison 4-41
Table 4-12: Laser Profiling Summary 4-41
v
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Symbols and Acronyms
2D Two dimensional
3D Three dimensional
A Access point
ACI American Concrete Institute
AET Acoustic emission testing
AwwaRF American Water Works Association Research Foundation (now Water Research Foundation)
B Broken
BEM Broadband electromagnetic methodology
BW Brick work
C Crack
CARE-S Computer Aided Rehabilitation Program for Sewers CCTV Closed-Circuit Television
CDMA Code Division Multiple Access
CMOM Capacity, Management, Operation and Maintenance
CWA Clean Water Act
D Deformed or deposits
DVD Digital video discs
ECT Eddy current testing
EDGE Enhanced Data Rates for Global Evolution
EPA Environmental Protection Agency
F Fracture
FELL Focused Electrode Leak Location System
FL Longitudinal fracture
FMEA Failure Mode and Effects Analysis
ft. feet
GIS Geographic Information System
gpm gallons per minute
gpm/in-mile gallons per minute per inch diameter per mile length GPR Ground penetrating radar
GPRS General Packet Radio Service
GPS Global positioning system
H Hole
HDPE high density polyethylene
HSV Hole with visible soil
I Infiltration
I/I Inflow and infiltration
in. inches
vi
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IP internet protocol
IRT Infrared thermography
IS Intruding seal material
J Joint
KPI Key performance indicator
L Line
LED Light-emitting diode
LF Lining failure
M Miscellaneous
MACP Manhole Assessment Certification Program
MCU Camera underwater
MFL Magnetic flux leakage
NA Not applicable
NACWA National Association of Clean Water Agencies
NASSCO National Association of Sewer Service Companies
OB Obstacles
O&M Operations and Maintenance
ORD Office of Research and Development
PACP Pipeline Assessment Certification Program
PCCP Pre-stressed concrete cylinder pipe
PR Point repair
psi pounds per square inch
PTZ Pan-Tilt-Zoom
PVC Polyvinyl chloride
R Roots
RCP Reinforced concrete pipe
RFEC Remote field eddy current
RFEC/TC Remote field eddy current/transformer coupling
S Surface damage
SASW Spectral Analysis of Surface Waves
SCADA Supervisory Control and Data Acquisition
SCRAPS Sewer Cataloging, Retrieval, and Prioritization System Sonar Sound navigation and ranging
SSET Sewer scanning evaluation technology
SSO Sanitary sewer overflow
T Tap
TC Transformer coupling
U.S. United States of America
USEPA United States Environmental Protection Agency
VCP Vitrified clay pipe
V Vermin
vii
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VR Vermin including rats
WEF Water Environment Federation
WERF Water Environment Research Federation
WF Weld failure
WRc Water Research Centre (United Kingdom)
X Collapse
viii
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Executive Summary
In 2007, the United States Environmental Protection Agency (USEPA) finalized a research program entitled “Innovation and Research for Water Infrastructure for the 21st Century” that will generate the science and engineering knowledge needed to improve and evaluate innovative technologies to reduce the cost while improving the effectiveness of operation, maintenance, and replacement of aging and failing drinking water and wastewater treatment and conveyance systems (USEPA, 2007). Task Order 59, Condition Assessment of Wastewater Collection Systems, is one of several projects being conducted under this research initiative.

Overview
The objectives of Task Order 59 are to comprehensively review condition assessment technologies and to investigate condition assessment approaches for wastewater collection systems. Specific project objectives include:
x Identify and characterize the state of condition assessment technology for wastewater collection systems.
x Research and evaluate performance and cost of innovative and advanced infrastructure monitoring technologies including wireless and remote sensing approaches developed in other industries and their applicability to wastewater collection sewers. x Identify and evaluate innovative closed-circuit television (CCTV) technologies currently used by more advanced wastewater utilities for transfer to utilities at large. x Prepare protocols, metrics, and site selection criteria for field demonstration of selected innovative condition assessment technologies and decision-support systems.

This White Paper is one of the first work products created under Task Order 59 and was used as a basis for discussions at the project’s Technology Forum in September 2008. The White Paper summarizes the current state of condition assessment technologies, reviews mechanisms of pipe failure, discusses emerging and innovative technologies for sewer inspection, and presents a summary of the Technology Forum. It incorporates feedback received at the Technology Forum.

Condition Assessment
The primary components of any asset management program include the identification, location, and condition of assets. Condition assessment provides the critical information needed to assess the physical condition and functionality of a wastewater collection system, and to estimate remaining service life and asset value. After the field inspection, pipe defects are classified using a standard coding system and pipe condition is assessed using a systematic method to produce consistent, useful information. Following data analysis, condition assessment information is used to make estimates of a pipe’s remaining useful life and its long-term performance, and to make decisions about pipe rehabilitation, pipe replacement and/or further inspections.

Dynamics of Wastewater System Failure
In conducting condition assessment, it is important to understand the dynamics of pipe failure including the level, type, and severity of a failure mechanism. Failure can be a sudden, catastrophic collapse of a pipe, restricted hydraulic capacity, or a variety of other performance conditions that result in the inability of the pipe to perform as necessary for the minimum acceptable level of operation of the system. The purpose of condition assessment is to detect pipe defects which indicate the likelihood of pipe failure, as well as to assess the collection system’s performance. This section discusses the mechanisms of pipe failure, the various types of pipe defects, and the relationship between the condition of a pipe and its Page ES-1
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performance. It is important to understand that the mechanisms and impacts of pipe failure are highly dependent upon the pipe material and type of sewer (i.e. force main, gravity line).

Inspection Technologies
There are a variety of technologies available for assessment of collection systems. These technologies, summarized in Table ES-1, include:
x CCTV is a well-established and common industry method used for inspecting pipes. It provides visual data on leaks, location of service laterals, and sediment and debris accumulation. The primary disadvantages to CCTV technology are that it only provides a view of the pipe surface above the waterline; it does not provide any structural data on the pipe wall integrity; and it does not provide a view of the soil envelope supporting the pipe.

For inspections of gravity lines, basic CCTV systems are not able to measure slope. There are needs for higher resolution cameras with better lighting; and improvements in crawler technology to better negotiate obstructions, grease, and off-set joints. The quality of defect identification and pipe condition assessment using CCTV is highly dependent on many factors including operator interpretation, picture quality, and flow level. Innovative camera technologies include zoom cameras, digital inspection, push cameras, and advances in crawler technology.
x Acoustic technologies use measuring devices to detect vibrations and/or sound waves. In pipeline assessment, acoustic sensors are used to detect signals emitted by defects. Three types of acoustic technologies are used for pipeline assessment: leak detectors, which are used to detect the acoustic signals emitted by pipeline leaks; acoustic monitoring systems, which are used to evaluate the condition of pre-stressed concrete cylinder pipe (PCCP) by detecting the signals emitted by breaking pre-stressed wires; and sonar, or ultrasonic systems, which emit high frequency sound waves and measure their reflection in order to detect a variety of pipe defects.
x Electrical/Electromagnetic currents are the basis of several sewer evaluation techniques.

The electrical leak location method is used to detect leaks in surcharged non-ferrous pipes.

Eddy Current Testing (ECT) and Remote Field Eddy Current (RFEC) technology identify defects in ferrous pipes. Magnetic Flux Leakage (MFL) inspection is widely used in the oil and gas industry to measure metal loss and detect cracks in ferrous pipelines. x Laser profiling uses a laser to create a line of light around the pipe wall, highlighting the shape of the sewer. This technique allows for the detection of changes to the pipe’s shape, which may be caused by deformation, corrosion, or siltation. Laser inspection can only be used to inspect the portions of a pipe wall that are above the water line. To assess the entire internal surface of a pipeline requires the pipe to be taken out of service. Lasers are often used in combination with other inspection methods, most commonly CCTV and/or sonar. x Innovative methods based on a variety of technologies are currently being developed for the evaluation of sewer collection systems. Gamma-gamma logging is a technique used primarily to evaluate cast-in-place concrete pilings and can provide information on the average bulk density of the concrete and the location of voids. Ground Penetrating Radar can detect underground voids, and is potentially useful for examination of pipe bedding and to locate leaks. Infrared Thermography involves the use of an infrared camera to measure the temperature differential across an object and is a potential method of detecting sewer defects such as leaks and voids. Micro-Deflection is a nondestructive technology used to evaluate general conditions and joint integrity of brick, concrete, and clay structures using a load to create a slight deformation or micro-deflection in the test material. Impact Echo and Spectral Analysis of Surface Waves (SASW) are acoustic wave techniques for locating and measuring cracks, delaminations, voids, and honeycombing in concrete and masonry.

Page ES-2
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Summary of Technology Forum
A technology forum was held on September 11 and 12, 2008 in Edison, New Jersey to discuss the state of the science for condition assessment of wastewater collection systems and to identify critical gaps in current knowledge. A draft of the White Paper was distributed to participants in advance of the meeting and served as a basis for forum discussions. The objective of the forum was to present the findings of the research and obtain direction for additional research and further evaluation during the field demonstration tasks. The forum included discussions on data needs for conducting condition assessment and making asset management decisions; use of flow monitoring for asset management; systematic approaches to condition assessment; the importance of understanding the mechanisms of pipe failure; and tools and models available for conducting risk-based decision making related to wastewater assets.

Critical gaps in our knowledge of inspection technologies, and our ability to diagnose and predict infrastructure failures were identified at the Technology Forum and summarized below.

1. Research is needed to further define the costs and benefits of pipe inspection and rehabilitation as part of a utility’s condition assessment program. Methods of determining the impact of deteriorating collection systems on municipal budgets are needed.

2. Inspection technologies need to be identified for the following applications:
a. Reduce use of confined space entry during sewer system inspections and investigations. b. Affordable inspection technology that utilizes multi-sensor devices on a small transportable package.
c. Inspecting pipes below the waterline.
d. Inspecting force mains that are in service.
e. Inspecting laterals.

3. Data management methods and models are available, but a lack of data standardization makes it difficult to compare historical data collected with different inspection technologies that have proprietary data structures.

4. Research is needed to improve how asset condition is tracked over time. Geospatial information (with a high degree of accuracy) needs to be collected along with pipe condition data in order to link historical inspection data with an exact physical location.

Information transfer to practitioners was identified as a critical industry need. Practitioners need training on topics such as infrastructure failure mechanisms; using historical inspection data for condition assessment applications; applying the Pipeline Assessment Certification Program (PACP) coding system to characterize pipe defects; developing a condition assessment program; and preparing accurate record drawings for new and rehabilitated pipe. In addition, practitioners need simple condition assessment tools (i.e. scattergraphs for analyzing flow data, decision trees, rules of thumb).

Page ES-3
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Table ES-1: Summary of Emerging and Innovative Technologies Technology
CCTV Acoustic Electrical & Electro-magnetic Lase r Innovative Technologies Conventional
Zoom camera
Digital scanning
Push-camera inspection
In-line leak detectors
Acoustic monitoring
systems
Sonar/ultrasonic
Electrical leak location
Remote field eddy current
Magnetic flux leakage
Laser profiling
Gamma-gamma logging
Ground penetrating radar
Infrared thermography
Micro-deflection
Impact echo/SASW
ApplicationPipe type G G G S G, F F G, F G, F, S G,F,S G,F,S G, F G,F,S G,F,S G,F,S G G Pipe material Any Any Any Any Any PCCP Any NF F F, PCCP Any C Any Any B B, C Pipe size >6” >6” 6”-60” 1”- 12” >4” >18” >2” >3” >2” 2”-56” > 4” Not yet defined Not yet defined Not yet defined Not yet defined >6’ Defects Detected Sediment, debris, roots Ɣ Ɣ Ɣ Ɣ Ɣ Ɣ
Pipe sags & deflections Ɣ Ɣ Partial Ɣ Ɣ Ɣ
External pits & voids Ɣ Ɣ Partial Ɣ
Corrosion & metal loss Partial Ɣ Ɣ Ɣ ƔOff-set joints Ɣ Ɣ Partial Ɣ Pipe cracks Ɣ Ɣ Ɣ Ɣ Ɣ Ɣ Ɣ Ɣ Ɣ
Leaks Ɣ Ɣ Ɣ Ɣ Ɣ Ɣ Ɣ Ɣ ƔBroken pre-stressed wires Ɣ ƔWall thickness Ɣ ƔService connections Ɣ Ɣ Ɣ ƔBedding condition Ɣ ƔBedding voids Ɣ Ɣ Ɣ Partial Deteriorated insulation Ɣ
Overall condition Ɣ
Pipe type: G – Gravity line F – Force main S – Service lateral Pipe material: NF – Nonferrous F – Ferrous B – Brick C – Concrete PCCP – Pre-stressed concrete cylinder pipe Page ES-4
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1.0 Overview of Task Order 59
In 2007, USEPA finalized a research program entitled “Innovation and Research for Water Infrastructure for the 21st Century” that is being implemented by the Office of Research and Development. It will generate the science and engineering knowledge needed to improve and evaluate innovative technologies to reduce the cost while improving the effectiveness of operation, maintenance, and replacement of aging and failing drinking water and wastewater treatment and conveyance systems (USEPA, 2007). Task Order 59, Condition Assessment of Wastewater Collection Systems, is one of several projects being conducted under this research initiative.

1.1 Project Background
In 2002, the USEPA Office of Water published a report entitled “Clean Water and Drinking Water Infrastructure Gap Analysis” (USEPA, 2002). The Gap Analysis report identified a critical shortfall in funding of the nation’s water and wastewater infrastructure including a $270 billion gap for wastewater infrastructure for the years 2000-2019. The deferred maintenance approach to operating and maintaining the nation’s aging wastewater infrastructure has become a paramount concern of the Agency.

Failing wastewater infrastructure can pose a significant threat to public health and the environment.

Wastewater infrastructure may include sanitary and combined sewer components, but this project is focused only on sanitary sewer systems. Systems with inadequate hydraulic capacity and/or blockages may lead to sanitary sewer overflows (SSOs) and may cause flooding damage to private property or release untreated sewage to receiving waters. Some of the health hazards associated with basement flooding by untreated wastewater include the potential presence of pathogenic microorganisms such as viruses, bacteria, and protozoa.

USEPA and State regulators have taken legal action against utility districts for property damage and SSOs. For example, in 2005, a settlement of $300 million was reached with the Washington Suburban Sanitary Commission to implement a program to reduce occurrences of basement flooding. This joint settlement was reached among the utility district, USEPA, State of Maryland, and five local citizens groups. In 2004, Knoxville Utility Board reached a settlement with the State of Tennessee for a capital improvements program of $350 million to eliminate flooding due to hydraulic restrictions. In 2004, Hamilton, Ohio reached a settlement to implement a program to eliminate SSOs and basement flooding that was estimated to cost approximately $1.5 billion.

1.2 Purpose and Scope
The objectives of Task Order 59 are to comprehensively review condition assessment technologies and to investigate condition assessment approaches for wastewater collection systems. The primary goal of the project is to develop more efficient and cost-effective means to conduct condition assessment and to use the information as part of a risk-based asset management approach to planning. Specific project objectives include:
x Identify and characterize the state of condition assessment technology for wastewater collection systems.
x Research and evaluate performance and cost of innovative and advanced infrastructure monitoring technologies including wireless and remote sensing approaches developed in other industries and their applicability to wastewater collection sewers. x Identify and evaluate innovative CCTV technologies currently used by more advanced wastewater utilities for transfer to utilities at large.