Richmond City Council
August 26, 2025

TEMPLATE MEMORANDUM OF UNDERSTANDING BETWEEN
AND

COMMUNITY HOUSING DEVELOPMENT CORPORATION
This is an agreement made and executed on _______ between Community Housing Development Corporation (CHDC) and _______ (Contractor). This contract will remain in effect for the time period identified in the TERM section of the agreement.

OVERVIEW:

The _________ North Richmond Mitigation Fee (NRMF) Expenditure Plan approved by the Board of Supervisors in ______ and Richmond City Council in _______ allocates a total of $_______to the Contractor for the disbursement of funds within Strategy 10 to complete Clean-Up Project(s) in the North Richmond Mitigation Area.

TERM: The term of this agreement begins on _______ and ends on _______. Contractor will complete all work performed under this agreement not later than ________. Invoices submitted for work performed before or after this specified term and invoices submitted after _______will not be paid.

I. Contractor’s Obligations

The Contractor shall administer the _________, as described herein for an amount not to exceed $_____involving the following activities:

A. Recruit and Hire up to four (4) workers

1. Contractor will develop and publicize the job announcements. Job announcements shall contain, “Jointly funded by The City of Richmond & Contra Costa County” language.

2. Contractor will interview, select and hire up to four workers.

3. Contractor will host training for new hires that discusses the proper procedures of disposal of hazardous waste (televisions, phones, batteries, tires, paint etc.).

Task A - Deliverables:

1. Documentation of publicized job announcement in English/Spanish with required jointly funded language.

2. Documentation of hiring papers.

B. Clean up to _____(_) North Richmond Sites Approved by the County

1. Contractor shall select North Richmond addresses provided by the County or City to be cleaned during each clean up. Community clean-up projects may involve the removal of debris and/or landscaping maintenance.
a. Addresses provided by the County or City will include a description of debris for removal and/or landscaping needs.
b. Addresses provided by the County or City shall only be selected once for clean-up unless directed otherwise by County Staff.

2. Contractor will confirm with the County the address for cleanup one week and provide clear written procedures for the proper disposal of all waste types previously described at each clean-up site, including Attachment 1
775

waste that is recyclable, hazardous or requires special handling. Procedures shall be submitted and approved by the County before the site is cleaned up.

3. Contractor shall make arrangements in advance with the appropriate partners for the proper removal, recycling, composting or disposal of the debris identified in the area to be cleaned, including materials that require special handling such as tires, hazardous/universal wastes, appliances, and medical sharps/waste.

4. Contractor shall document approximate quantities (count, volume or weight) of each type of material/debris removed from the area during clean-up, using a log or other method agreed upon in advance.

5. Contractor shall demonstrate how the materials/debris removed during the clean-up were transported and where each type was properly recycled, composted or disposed.

Task B - Deliverables:

1. Documentation of disposal procedures approved by the County for each confirmed clean-up address.

2. Before photos of the entire site before the material/debris has been cleaned up.

3. Completed Contractor’s Log identifying the types and amount of material/debris removed.

4. After photos of the entire site after it has been cleaned up. Contractor shall strive to take After photos from the same vantage points as the Before photos.

5. Documentation demonstrating that the material/debris removed was properly disposed or recycled. If debris removed during the clean-up is disposed of in existing containers that are routinely serviced by Republic Services, Contractor shall submit copy of an invoice or letter from Republic Services confirming what collection services were being provided at the disposal location during the applicable timeframe.

For any in-kind hauling/disposal service offered by partner organizations or agencies, contractor may submit written communication identifying what was picked up by whom and where it was taken (e.g. email message from the Parks District confirming that yard debris that was placed in tarps and set-out at agreed upon location was placed in designated green waste bin on the District’s property or transported to a specified compost facility). Alternatively, if disposal services are provided in the form of debris box donation(s) from Republic Services, contractor may submit written communication confirming donation.

C. Attend Community Meetings and Events

1. Attend one North Richmond Green meeting(s) per quarter (quarterly periods end on December 31st, March 31st and June 30th).
a. No portion of the Quarterly Meeting Attendance budget line item will be paid to Contractor unless Contractor submits written evidence proving Contractor representative attended at least one monthly North Richmond Green Meeting during the applicable quarter.

Task C - Deliverables:

1. Documented attendance via minutes or copies of sign-in sheets of North Richmond Green meetings D. Reporting & Invoicing

1. Submit invoices and the required supporting documentation (including applicable required Deliverables and completed Progress Reports as specified in Section III. Payment Provisions) for each calendar month, and not later than 30 days after the end of the applicable monthly period. The Reporting and Invoicing budget line items are intended to ensure timely submittal of invoices and required supporting 776

documentation. No portion of the Invoicing budget line item will be paid to Contractor for invoices submitted late, or without the required documentation or completed Progress Report.

Task D- Deliverables:

1. Complete monthly invoices on time for all tasks completed, accompanied by all required deliverables (including completed Progress Report or Final Progress Report). If Contractor does not provide a timely and complete invoice with all deliverables required for applicable tasks outlined on the invoice, as specified herein, no later than 30 days after the end of the applicable monthly period, the Contractor shall forfeit the $100 allocated for each applicable invoice period. Contractor may not use any funding specifically allocated for Reporting and Invoicing for any other purpose

2. Completed Progress Report addressing activities that occurred during the corresponding invoice period (except for the final invoice) consistent with Section III.3.a.

3. Completed Final Progress Report addressing the entire project to be submitted with the final invoice consistent with Section III.3.a.
777

E. Eligible Costs:

Eligible costs consistent with the below table can only be reimbursed if included on invoices in conformance with the payment provisions and submitted prior to _______.

Budget Line Items by
Task/Deliverable Quantity Payment
per Unit
Total
Payments Budget Amount
A. Recruit and hire up to four (4) workers $ 1,750
Deliverable 1 - Recruitment
Documentation 1 each $350 $350
Deliverable 2 - Hiring
Documentation 4 each $350 $1,400
B. Clean-up up to _____(_) designated locations in the
NRMF Funding Area $ _______
Deliverable 1 - Procedures _ each $200 $1600-
Deliverable 2 - Before
Photos _ each $300 $2,400-
Deliverable 3 - Contractors
Log _ each $400 $3,200-
Deliverable 4 - After Photos _ each $300 $2,400-
Deliverable 5 - Disposal
Documentation _ each $600 $4,800-
C. Attend North Richmond Green Meetings $ 750
Deliverable 1 - NR Green
Meetings 3 each $250 $750
D. Reporting and Invoicing $ 2,500
Deliverable 1 - Timely &
Complete Invoice 9 each $100 $900
Deliverable 2 - Progress
Reports 8 each $150 $1,200
Deliverable 3 - Final
Progress Report 1 each $400 $400

SUBTOTAL $ ______
Fiscal Agent (10% of amount
invoiced) $0

TOTAL BUDGET &
ALLOWABLE PAYMENTS $ ______
II. CHDC’s Obligations
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Subject to the payment limit of $______CHDC shall reimburse Contractor for eligible costs described in the previous section where such are incurred in the performance of work under the contract, subject to the below Payment Provisions. CHDC will disburse Contractor funds only after receiving written approval by County authorizing the disbursement of the Contractor grant funds based on approved budget, approved advance and request for reimbursement.

III. Payment Provisions
Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency specified in Section I.E -Eligible Costs, which together may not total more than $______. Contractor will only receive payment for eligible costs incurred for work performed during the term of this contract which are itemized on invoices substantiated with adequate supporting documentation. Invoices submitted after July 30, - _______ will not be paid.

1. Advanced Payments: In order to receive any potential advance payment, such must be authorized for the specified project in Attachment ____ of the Expenditure Plan approved by the Board of Supervisors and The City of Richmond. Advance payment is limited to no more than ten (10) percent (%) of the approved implemented Entity Award for the Project. Contractor shall submit a written request to CHDC for approval by City and County Committee staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount would pay for and how such costs will aid in the completion of each applicable required task. Advance payment requests must be submitted prior to any other invoice. If an advance payment is issued, Contractor shall not be eligible for an additional payment until enough required deliverables have been approved to offset the amount paid in advance.

2. Partial Payments: The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.

3. Invoices: Invoices shall be submitted monthly, no later than 30 days after the end of the applicable monthly period and contain the following information in sufficient detail and be submitted in a form which adequately demonstrates consistency with this contract. Invoices shall be accompanied by the applicable deliverables.
a. Itemization of any tasks completed during the applicable calendar month for which completed deliverables are submitted and associated payment is being requested.

4. Supported Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below.
779

a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified above in Section I. Contractor’s Obligations.
b. All applicable Deliverables associated with the tasks and requested payment amounts itemized on each monthly invoice.

SIGNATURES: Executed on the dates and by the persons named below.

Date: ____________________________ Date: _________________________________

By: _________________________________ By: ___________________________________ Name: _______________________________ Name: ________________________________ IV. Conflict of Interest
By signing below, Contractor agrees not to employ, subcontract with, or make payment to any person (employees and stipend recipients), for the purpose of implementing this Project, that is at the same time employed by Contra Costa County, the City of Richmond or any entity that receives NRMF funding from the County or the City of Richmond, or serves on the NRMF Committee, except upon written approval by the Department of Conservation and Development Director or his designee.

Signature:________________________________________________________________ Name: __________________________________________________________________ Title: ___________________________________________________________________ Date: ___________________________
G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2021-2022 Exp Plan\Attachment 1_Clean_V2.doc 780
Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance
Payment
Allowed
(Up to 10% of
Implementer
Award Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage NonProfits2
Non-Profit
Implementer
Award Amount
for Project
Notes
Social Progress Inc. Brighter Beginnings in North Richmond Yes $ 29,999.76 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 SOS! Richmond SOS! Richmond Yes $ 75,000.00 $ 36,500.00 $ 1,000.00 $ 7,100.00 $ 28,400.00 Men & Women of Valor Community Working Together Yes $ 20,000.00 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 Total Funding Requested/Allocated $ 124,999.76 $ 87,000.00 $ 3,000.00 $ 16,800.00 $ 67,200.00 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018. Funding Proposal Application received by Men & Women of Valor was the wrong application. At their meeting on March 23, 2018, the NRMF Committee gave Men & Women of Valor 30 days to re-submit their application to the NRMF Committee using the correct application and submittal requirements. On April 22, Committee staff received the correct Funding Proposal application. The Men & Women of Valor Proposal application was considered at the NRMF Committee Meeting on June 8th and selected for funding. 2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost for $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts.

Attachment 2 - Community Clean-up Projects Table (Strategy 10) 2025/26 Expenditure Plan Funding Allocations for Projects recommended for City/County approval by the North Richmond Mitigation Fee Committee A total of $87,000.00 is recommended to be allocated in the 2025/2026 Expenditure Plan for Community Clean-up Projects (Strategy 10). Two of the three entities below were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 The third entity, SOS! Richmond, was added per Committee direction at the October 16, 2020 meeting.

Community Clean-up Projects Recommended for Funding in 2025/2026 781

Garden Project Reporting and Invoicing Requirements
Substantially equivalent language to be included in all NRMF-funded Community Project Agreements/Amendments
Agreements providing for payments using funding allocated for Community Projects must include provisions that address the requirements contained herein. Contractor shall submit Progress Reports covering each invoice period, using a City/County provided template in conjunction with each monthly invoice in order to be eligible for payment. Contractor shall monitor, document, and report all Project activities associated with the tasks and deliverables described in the agreement and any eligible Project costs for which reimbursement will be requested. Upon completion of work or the end of the contract’s term, Contractor shall submit a Final Report, using a City/County provided template similar to the attached, in conjunction with the final invoice.

Task Deliverables
The agreement shall assign a dollar amount for each deliverable within each task. Contractor shall only be paid for completed deliverables submitted with all associated supporting documentation. The agreement may include assignment of one dollar amount to multiple deliverables for a specific task when appropriate to substantiate completion of the required task.

The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.

Timely Submittal of Invoices
A separate Reporting & Invoicing budget line item shall be included in the agreement to facilitate timely submittal of invoices, progress reports and other deliverables. Submittal of monthly invoices shall be included as a deliverable and the exact amount that is payable upon timely submittal of each invoice complete with all required supporting documentation shall be specified.

The agreement shall provide that no portion of the Reporting & Invoicing budget line item be paid to Contractor for invoices submitted beyond 30 days of any monthly invoice period, or without the required documentation including completed Progress Reports.

Pre-approval Required for Supplies and Materials
Unless the exact supplies and materials are specified as preauthorized in the Agreement, Contractor shall obtain pre-approval from the Contracting entity (City or County) prior to incurring supplies and materials expenses for which reimbursement will be requested. To request pre-approval, contractor shall provide written request identifying all proposed supplies and materials as well as an explanation demonstrating its reasonable cost and how said items will aid in the completion of each applicable required task.

Attendance of Community Meetings and Events
Contractor shall attend one North Richmond Green meeting per quarter during the contract period. Documentation substantiating attendance of required meetings shall be included as a deliverable for this task and be included with all applicable monthly invoice(s).

Acknowledgment Required on Outreach & Promotional Materials Attachment 3
782
Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance Payment
Allowed
(Up to 10% of
Implementer Award
Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage NonProfits2
Non-Profit
Implementer
Award
Amount for
Project
Notes
Watershed Project Shields Reid Habitat Garden No $ 29,986.25 $ 28,062.13 $ 3,000.00 $ 5,012.43 $ 20,049.70 Communities United Restoring Mother
Earth (CURME) /
Greater Richmond Interfaith Program
Lots of Crops No $ 15,092.00 $ - $ - $ - $ -
Total Funding Requested/Allocation Recommended $ 45,078.25 $ 28,062.13 3,000.00 5,012.43 $ 20,049.70 Attachment 4 - Garden Projects (Strategy 13)
2025/2026 Funding Allocations for Garden Projects
recommended for City/County approval by the North Richmond Mitigation Fee Committee A total allocation of $48,179.79 is recommended to be allocated in the 2025/2026 Expenditure Plan for Garden Projects.The following entities were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 Garden Projects Recommended for Funding in 2025/2026
2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost of $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts. 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018. 783
Richmond
San Pablo
Richmond Pkwy
Parr Blvd
Market Ave
Giant Rd
Rumrill Blvd
Fred Jackson Way
Chesley Ave
Castro St
13th St
Rumrill Blvd
Richmond Pkwy
Castro St
6th St
4th St
5th St
7th St
1st St
Brookside Dr
2nd St
14th St
Alamo Ave
15th St
Silver Ave
Duboce Ave
Sanford Ave York St
Pittsburg Ave
Willard Ave
Hensley St Truman St
Martin Dr
Giaramita St
Goodrick Ave
8th St
Malcolm Dr
Verde Ave Cherry St
Gertrude Ave
Battery St
Vernon Ave
Market Ave
W Gertrude Ave
Reid Ln
9th St
Lucy Ln
Factory
S t
N Jade St
Rheem Ave
Garden Tract Rd
Parr Blvd
Central St
Chesley Ave
Visalia Ave
Triangle
Ct
Costa Ave
Freethy Blvd
Leo St
W Ruby Ave Marcus Ave
Randy Ln
Factory St
15th St
7th St
W Gertrude Ave
7th St
Map Created 5/8/2025
by Contra Costa County Department of
Conservation and Development, GIS Group
30 Muir Road, Martinez, CA 94553 I 37:59:41.791N 122:07:03.756W 0 750 1,500 375
Feet This map was created by the Contra Costa County Department of Conservation and Development with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization's tax rate areas. While obligated to use this data the County assumes no responsibility for its accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.

Southern boundary
shown on back side
North Richmond Waste & Recovery Mitigation Fee Funding Area NRMF Area - Incorporated (City) NRMF Area - Unincorporated (County) 784
Richmond
Castro St
Richmond Pkwy
Castro St
Richmond Pkwy
7th St
Hensley St
Duboce Ave
8th St
Sanford Ave
Willard Ave
9th St
York St
Lincoln Ave
Vernon Ave
Battery St
Factory St
Kelsey St
6th St
N Castro St
Triangle Ct
10th St
Leo St
Fred Jackson Way
Cherry St
Enterprise Ave
Factory St
Map Created 5/8/2025
by Contra Costa County Department of
Conservation and Development, GIS Group
30 Muir Road, Martinez, CA 94553
37:59:41.791N 122:07:03.756W
I 0 250 500 125 Feet This map was created by the Contra Costa County Department of Conservation and Development with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization's tax rate areas. While obligated to use this data the County assumes no responsibility for its accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.

North Richmond Waste & Recovery Mitigation Fee Funding Area Market Ave
Rumrill Blvd
Chesley Ave
7th St
Gertrude Ave
Pine Ave
7th St
Richmond
San Pablo
NRMF Area - July 2006 AdditionNRMF Area - Incorporated (City) NRMF Area - Unincorporated (County)
785

August 26, 2025
Library and Community Services
Public Works
DATE: August 26, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lashonda White, Deputy City Manager
Daniel Chavarria, Director of Public Works
Tawfic Halaby, Deputy Director of Public Works Operations & Maintenance
Darrin Fitzpatrick, Assistant Deputy Director of Public Works – Operations & Maintenance
Jason Lacy, Parks and Landscape Superintendent
Wendy Wellbrock, Senior Civil Engineer
Gabino Arredondo, Project Manager
SUBJECT: Memorandum of Understanding (MOU) with Pogo Park FINANCIAL IMPACT: The MOU proposes to formally establish the City of Richmond and Pogo Park’s financial responsibilities related to operations, programming and maintenance. Costs
attributed to the City of Richmond will be incorporated into its standard budgeting process. The continued contributions by Pogo Park in relation to ongoing programming and
operations has increased the activities and security of the parks and facilities. The organization seeks funding for the programming and operations activities they lead. The
creation and execution of the MOU is one of the
requirements for the allocation of $3 million for the Harbour 8 Park Expansion Project.

PREVIOUS COUNCIL
ACTION:

June 17, 2025
AGENDA
REPORT
786

August 26, 2025

STATEMENT OF THE
ISSUE:

On June 17, 2025, the City Council authorized $3 million from the Fiscal Year 2025-26 budget for the Harbour 8 Park Expansion Project contingent upon Pogo Park meeting
specific criteria, including the development of an MOU with the City of Richmond. A final draft version of the MOU has been completed for City Council consideration and
approval.

RECOMMENDED
ACTION:

RECEIVE an update on the Harbour 8 Expansion Project,
APPROVE a Memorandum of Understanding (MOU)
between the City of Richmond and Pogo Park, and
AUTHORIZE the City Manager or their designee to make
any changes necessary to operationalize the MOU –
Community Services/Public Works (LaShonda White 510-
620-6828/Daniel Chavarria 510-620-5478).

DISCUSSION:

On June 17, 2025, the City Council authorized $3 million from the Fiscal Year 2025-26 budget for the Harbour 8 Park Expansion Project contingent upon meeting the following criteria. A status update on each item is also included in the table below.

Criteria Status

1. Execution of a formal Memorandum of
Understanding (MOU) between the City
of Richmond and Pogo Park
Draft MOU is complete and attached. City
staff and Pogo Park can amend the MOU,
upon mutual agreement, as needed.

2. Submission of the original and revised
project budgets, including line-item detail
for each cost overrun, broken down by
change order number
Pogo Park submitted detailed project
budgets and cost increases due to change
orders for the Harbour 8 Expansion Project
to City staff.

3. Resolution of the kitchen scope and
identification of its dedicated funding
source
Pogo Park confirmed that the commercial
kitchen (design and construction) is funded
by the $10 million Community Resilience
Center grant.

4. Confirmation that all applicable grant
deadlines can still be met
Pogo Park staff are working diligently to
meet grant deadlines. City staff will continue
to work with Pogo Park to oversee and
manage grant deliverables.

5. A formal meeting between City staff and
the Pogo Park Board to review and align
project roles
City staff had an initial meeting with
members of Pogo Park’s board to discuss
each entity’s roles, the partnership, the
MOU, etc.
787

August 26, 2025
Pogo Park, founded in 2007, is a community development corporation and 501(c)3 nonprofit based in Richmond, California, with a mission to transform under-utilized Richmond city parks into safe, beautiful, and green public spaces for children to play and the community to come together. Since 2007, Pogo Park has planned, designed, improved, programmed, and operated the facilities, serving as the steward of the facilities and has provided vital community services and programs for the benefit of Richmond residents.

Status of the Memorandum of Understanding
As one of the requirements for the allocation of $3,000,000 for the Harbour 8 Park Expansion Project, City staff and Pogo Park developed a MOU to formalize the successful public/private partnership between the City of Richmond and Pogo Park regarding the following facilities: Harbour-8 Park, Harbour Hall, the Harbour-8 Commercial Kitchen, Elm Playlot and the Yellow Brick Road (Attachment 1). The MOU addresses operations, programming, staffing, maintenance, capital improvements, fundraising, and stewardship of the facilities, as well as processes for coordination, dispute resolution, reporting, and termination.

The purpose of the MOU is to provide a comprehensive framework that enables the City of Richmond and Pogo Park to collaborate efficiently and transparently to maintain the Facilities in a safe, clean, and fully operational condition; deliver equitable, communitydriven programs and services; and leverage public and private resources to enhance neighborhood resiliency and quality of life. The MOU will assist in defining the relationship between the City of Richmond and Pogo Park to ensure that the goals of each are accomplished in a mutually supportive way.

The City of Richmond and Pogo Park are committed to ensuring that the facilities remain accessible, safe, and welcoming to all residents, prioritizing the needs of underserved communities, and thereby contributing to the City's goals of equity, diversity, and inclusion.

DOCUMENTS ATTACHED:

Attachment 1 – Draft Memorandum of Understanding Between the City of Richmond and Pogo Park
788

Type 9 – Page 1 of 18
Established: August 2025

MEMORANDUM OF UNDERSTANDING
Between the City of Richmond and Pogo Park
THIS MEMORANDUM OF UNDERSTANDING (this "MOU") is made and entered into as of the ___ day of __________, 2025 (the "Effective Date"), by and between the CITY OF RICHMOND, a California municipal corporation ("City"), and POGO PARK, a California nonprofit public benefit corporation ("Pogo," and together with City, the "Parties," and each, a "Party").

RECITALS
WHEREAS, the City of Richmond is home to a diverse population and provides a full range of municipal services, including police and fire protection; maintenance of streets and infrastructure; library services; storm water and municipal sewer systems; port; and economic and community development. The City owns and operates numerous parks and community facilities and administers recreational activities and cultural events; and WHEREAS, City owns fee title to certain park, open‑ space, and recreation properties located in the Iron Triangle neighborhood of Richmond, California, including, without limitation, Harbour‑ 8 Park, Harbour Hall, the Harbour‑ 8 Commercial Kitchen, Elm Playlot, and the improvements along 8th Street from Barret Avenue to Pennsylvania Avenue known collectively as the Yellow Brick Road (each individually, a "Facility," and collectively, the "Facilities"); and WHEREAS, Pogo, founded in 2007, is a community development corporation and 501(c)3 nonprofit based in Richmond, California, with a mission to transform under-utilized Richmond city parks into safe, beautiful, and green public spaces for children to play and the community to come together; and
WHEREAS, since 2007, Pogo has planned, designed, improved, programmed, and operated the Facilities, serving as the steward of the Facilities and providing vital community services and programs for the benefit of Richmond residents; and WHEREAS, the Facilities form a critical component of Contra Costa County’s first Community Resilience Center ("CRC"), serving as gathering points during emergencies and providing essential public‑ safety, food‑ service, and shelter functions; and WHEREAS, the City and Pogo (together, the “Parties”) desire to formalize their successful public/private partnership by setting forth their respective rights and obligations for the continued operation, programming, staffing, maintenance, capital improvement, fundraising, and stewardship of the Facilities, and to establish clear processes for coordination, dispute resolution, reporting, and termination; and
WHEREAS, the Parties are committed to ensuring that the Facilities remain accessible, safe, and welcoming to all residents, prioritizing the needs of underserved communities, and thereby contributing to the City's goals of equity, diversity, and inclusion; and WHEREAS, the collaboration between the Parties exemplifies a model of innovative partnership that can serve as a blueprint for similar initiatives; and 789

Type 9 – Page 2 of 18
Established: August 2025
WHEREAS, the Parties share the common objectives of providing the highest quality parks and open spaces and ensuring access to free and low-cost events and public programs in Richmond, CA; and
WHEREAS, the Parties want to formalize the relationship between the City and Pogo by setting forth a series of mutual expectations.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. PURPOSE. The purpose of this MOU is to provide a comprehensive framework that enables the Parties to collaborate efficiently and transparently in order to (a) maintain the Facilities in a safe, clean, and fully operational condition; (b) deliver equitable, community‑ driven programs and services; and (c) leverage public and private resources to enhance neighborhood resiliency and quality of life. The MOU will assist in defining the relationship between the Parties in order to ensure that the goals of each are accomplished in a mutually supportive way.

2. DEFINITIONS. Capitalized terms not otherwise defined have the meanings set forth below:
a. "Capital Improvement" means any alteration, addition, or improvement to a Facility that has a useful life of more than five (5) years and a cost exceeding One Thousand Dollars ($5,000).
b. "FF&E" means movable furniture, fixtures, and equipment purchased or installed by Pogo or its partners that are not permanently affixed to real property. c. "City Operating Costs" means ongoing costs that City will pay to keep a Facility open and safe for public use, including but not limited to utilities (water, electrical, and sewer), waste/recycling/green pickup, ongoing subscriptions related to Facility operations (fire/burglary alarm services, HVAC control systems, etc.), periodic maintenance per Facility operating manuals (e.g., changing HVAC filters), weekly janitorial services, and janitorial supplies necessary to keep a Facility open and safe for public use.
d. "Pogo Operating Costs" means ongoing costs that Pogo will pay to deliver programs and services for the community, including ongoing subscriptions related to delivering programs and services (software related to program management, etc.), daily Facility cleanup, and landscape maintenance (e.g., weeding, watering, trimming, etc.).
e. “Minor Repairs” means individual repairs and/or equipment replacements that cost less than One Thousand Dollars ($1,000) per occurrence. Pogo is responsible for paying for Minor Repairs as described in Section 5. The Parties f. “Major Repairs” means individual repairs and/or equipment replacements that cost equal to or greater than One Thousand Dollars ($1,000) per occurrence. City is responsible for paying for Major Repairs as described in Section 5. 790

Type 9 – Page 3 of 18
Established: August 2025
g. "Generated Revenue" means revenue derived from Facility rentals, fees, concessions, services, or other on‑ site activities.

3. GENERAL AGREEMENTS
a. The City reserves sole authority to make all final decisions regarding the Facilities, but will exercise this authority in the spirit of good faith cooperation with Pogo, as resources allow.
b. The Parties are committed to promoting equitable access to the Facilities, cognizant of geographic, socioeconomic, demographic, cultural, physical ability and population density realities.
c. The Parties acknowledge and agree that they will adopt procedures and enter into additional agreements as necessary, which will assign clear responsibilities for each Party. Such additional agreements may include, but are not limited to, funding allocation agreements, programming agreements, design and construction agreements, and donor recognition and naming rights agreements. The City will draft and, with appropriate approval from Richmond City Council, execute additional agreements and/or amendments to this Agreement that are in furtherance of the terms and conditions contained herein to the extent consistent with the City laws, and all other applicable laws or regulations. d. Any personnel employed by or volunteering on behalf of Pogo will be deemed "employees" or "volunteers" respectively of Pogo and will not be deemed employees or volunteers of the City. Pogo will remain responsible for the supervision, management, and control of such employees and volunteers and any payroll, taxation or other employment obligation incident to their work. Any personnel employed by the City will be deemed "employees" of the City and will not be deemed employees or volunteers of Pogo.

4. TERM AND RENEWAL.
a. Initial Term. The term of this MOU ("Term") shall commence on the Effective Date and continue for three (3) years, ending on _______, 2028, unless as otherwise provided below.
b. Renewal. The Term may renew for two additional one-year periods (each, a "Renewal Term") upon mutual written agreement by City and Pogo. c. Termination. Either Party may terminate this MOU upon ninety (90) days prior written notice to the other party.
d. Performance Review. City’s decision whether to renew the Term of this MOU will take into consideration Pogo’s performance against the metrics in Exhibit A.

5. OWNERSHIP. The City shall retain fee title to the Facilities and all real property improvements located thereon. Title to any Capital Improvements funded solely by Pogo shall automatically vest in the City upon substantial completion of such improvements. 791

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6. OPERATIONS, PROGRAMMING, AND MAINTENANCE.
a. Pogo Responsibilities. Pogo shall:
i. Provide staffing to open and close the Facilities during operating hours as set forth in Exhibit A, provide programs and services at the Facilities, and manage rentals and concessions.
ii. Provide keys, access codes, etc., to City personnel to the Facilities listed within this MOU.
iii. Perform routine landscaping, janitorial services, and trash consolidation (collecting trash and recycling into designated receptacles to be picked up by City waste management services).
iv. Compile Facility operating documentation/manuals and train City staff on using operating equipment (e.g., HVAC control system) on an as-needed basis.
v. Pay for Pogo Operating Costs directly.
vi. Perform all Minor Repairs and cover the associated costs. vii. Manage Major Repairs in coordination with City staff as follows:

1. Pogo shall notify designated City staff in writing of any Major Repair that needs to be performed.

2. Upon receipt of such notice, the City shall inform Pogo within ten (10) business days whether (a) the City will manage and coordinate the repair work independently, or (b) the City wishes for Pogo to carry out the repair work at the City’s expense (i.e., on a time-andmaterials basis).

3. If the City elects for Pogo to perform the work, Pogo shall provide a written cost estimate. The City shall then issue a formal work order or other authorization for Pogo to proceed.

4. If the City opts to coordinate the repair independently, City shall provide Pogo with a schedule for when the work will be completed.

5. If the City elects for Pogo to manage one or more third-parties to perform the work, Pogo shall get pricing from an appropriate vendor or subcontractor and provide the cost estimate to the City, including a 15% markup to Pogo to manage the work. City shall then issue a formal work order or other authorization for Pogo to proceed.

6. The parties shall make good faith efforts to ensure that Major Repairs are completed in a timely manner to minimize disruptions to programs, services, and facility rentals.
viii. Comply with all applicable laws, permits, and grant conditions. ix. Continue to seek private and public funding for operating, maintaining, improving, and delivering programs and services for the community at the Facilities.
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b. City Responsibilities. City shall:
i. Pay for City Operating Costs directly.
ii. Reimburse Pogo within 45 days for Major Repairs. The City will pay invoice(s) within 45 days after receipt of invoices for services rendered to the City’s satisfaction. The City shall not pay late fees or interest. iii. Provide refuse collection and standard municipal services to the Facilities. iv. Work with public safety agencies to ensure that public safety remains a high priority at the Facilities.
v. Work with Pogo to develop a list, at least annually, of public programming activities that will occur at the Facilities and/or other City-owned properties, to ensure those activities are known by both parties, with proper permits acquired and sufficiently marketed to City residents.
vi. Waive appropriate permitting and usage fees associated with public programming of the Facilities that benefits the Richmond community, as determined by City staff. Public programming may consist of events that are designed to engage, inform, educate, entertain and/or foster engagement free of charge to the community. Any private usage and/or fundraising events shall adhere to the City’s permit process and usage fees, and any other applicable fees, unless agreed to by the City Manager or his/her designee in their sole discretion.
c. Pogo and City Joint Responsibilities. Pogo and City shall work collaboratively to support the ongoing success, safety, and effectiveness of the Facilities. To this end, Pogo and City shall meet at least once annually to review and discuss matters related to facility operations, public safety, programming effectiveness, community feedback, the monetary threshold for Major Repairs, and any other issues that may impact the success of the Facilities. These meetings shall serve as a forum for shared learning, problem-solving, and strengthening the partnership between Pogo and the City.

7. FINANCIAL RESPONSIBILITIES.
a. Fund Management. Pogo will follow Generally Accepted Accounting Principles for nonprofit corporations and will enact prudent governance policies with regard to any invested funds. The City will follow Generally Accepted Accounting Principles for local government jurisdictions.
b. Budget. By a mutually agreed-upon date, and consistent with the City’s annual budget process, the Parties shall jointly develop annual operating and capital budgets for the Facilities for each fiscal year. Both Parties will share Facility-related budgets (i.e. to include sources and uses of funds), as appropriate, to assist with budget development.
c. City Funding. Subject to annual appropriation and in accordance with the approved City budget, the City shall cover City Operating Costs, Major Repairs, 793

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and approved Capital Improvements. This language does not in any way obligate the City to appropriate any funds in its budget for such purposes. d. Fundraising and Gifts. Pogo agrees to coordinate with the City regarding funding goals, grants, programs or campaigns that provide funding for community programs delivered at the Facilities or Capital Improvements. Pogo will advise donors of the necessary approvals of the City. Pogo agrees, before it begins to accept gifts, to confer with the Director of Public Works or their designee. Pogo will provide the City with a summary report of gifts received upon request. e. Grants. Both Parties agree to collaborate on grants that mutually benefit both parties and the Facilities. The Parties will work to streamline internal processes to ensure prompt and relevant support for each other's fundraising efforts to further mutual effectiveness.
f. Coordination. Pogo may solicit grants or donations for programs and Capital Improvements. All proposed grants for Capital Improvements shall be (1) shared with the City once a grant opportunity is identified, (2) discussed with the City during the grant development phase to ensure feasibility, and (3) submitted to the City prior to submission for review. Any awarded grants should be shared with the City upon award notification, grant-related reports and documents shared with the City in a timely manner, and approval received prior to commencement of construction.

8. FILING, AUDITS AND REPORTING.
a. Pogo will file all reports and other documents required by law in a timely and comprehensive manner, including but not limited to those required by the State of California and the United States Internal Revenue Code and shall provide the City with copies of such reports upon request.
b. Upon request, Pogo will supply the City with an annual set of relevant summary financial statements for the most recently ended fiscal year. c. Upon request, Pogo agrees to provide the City, annually, an annual report and a list of Pogo’s governing board, officers, and advisors.

9. GENERATED REVENUE.
a. Pogo may retain Generated Revenue, provided that: (a) such revenue is used exclusively for operations, maintenance, programs or Capital Improvements at the Facilities; and (b) Pogo provides the City with a quarterly report detailing all such income.
b. In tandem with submission of Pogo’s annual budget, Pogo will provide the City with a fee schedule for programming and/or facility rentals annually, annually for City’s review and approval, which shall be at City’s sole discretion. Fees should remain reasonable to encourage community use.

10. INSURANCE AND INDEMNIFICATION.
a. Insurance Provisions. Please see Exhibit C: Insurance Requirements. 794

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b. Indemnification. To the fullest extent permitted by law, Pogo 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 Pogo’s performance of its obligations under this MOU or failure to comply with any of its obligations under this MOU or out of the operations conducted by Pogo 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 Pogo, Pogo 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 Pogo. Pogo 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 MOU are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this MOU. This indemnification obligation shall survive this MOU and shall not be limited by any term of any insurance policy required under this MOU.

11. COMPLIANCE WITH LAWS. Pogo shall comply with all applicable federal, state, and local laws, regulations, and ordinances in consultation with the City.

12. CAPITAL IMPROVEMENTS.
a. Ownership of FF&E.
i. Non-permanently affixed improvements or easily removable improvements:

FF&E purchased by Pogo without City funds shall remain Pogo property unless reimbursed by City.
ii. Permanently affixed improvements or non-easily removable improvements:

If FF&E is installed without City funds but is permanently affixed to City property and/or removal would cause major damage to the facility or area, the property shall remain in place and part of the City’s property. b. Any project undertaken by Pogo on City property will be subject to review and approval by the City and will be designed and completed to the City's satisfaction.

13. INTELLECTUAL PROPERTY. Pogo shall retain all ownership rights to any and all trademarks, curricula, photographs, and other intellectual property developed by Pogo, its contractors, or its partners in connection with the operation and maintenance of the Facilities. Pogo hereby grants the City a royalty-free, non-exclusive license to use such materials throughout the Term and within the City of Richmond for non-commercial municipal purposes, provided that the City gives appropriate attribution to Pogo in any public use or display of such materials.

14. DISPUTE RESOLUTION. The Parties shall first confer and negotiate in good faith to resolve any dispute, claim, or controversy arising out of or relating to this MOU. If the 795

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dispute is not resolved within thirty (30) days after written notice of the dispute, the matter shall be settled exclusively by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The prevailing Party shall be awarded its attorneys’ fees and expenses, and the Parties shall share equally the arbitrator’s fees and costs, unless the arbitrator determines otherwise.

15. DEFAULTS AND REMEDIES.
a. Default Defined. A "Default" occurs if a Party materially breaches this MOU and fails to cure such breach within thirty (30) days after written notice (or such longer period as reasonably necessary so long as diligent efforts are pursued). b. Remedies. Upon Default, the non‑ defaulting Party may (i) suspend performance; (ii) seek specific performance, injunctive relief, or damages; and/or (iii) terminate this MOU.

16. TERMINATION. Either Party may terminate for Default pursuant to Section 15.

17. EXIT PLAN. Upon termination or expiration of this MOU, the Parties shall cooperate to ensure an orderly transition of services, including (a) transfer of keys and security codes; (b) turnover of maintenance records; (c) public notification; and (d) physical removal of Pogo‑ owned FF&E within thirty (30) days.

18. NOTICES. All notices shall be in writing and deemed given when delivered (a) in person, (b) by certified U.S. mail, return receipt requested, postage prepaid, or (c) by nationally recognized overnight courier, addressed as follows (or such other address a Party may designate in writing):
(i) City: Daniel Chavarria, Director of Public Works or their designee, City of Richmond, 450 Civic Center Plaza, Richmond, CA 94804
(ii) Pogo: Toody Maher, Pogo Park, 2604 Roosevelt Avenue, Richmond, CA 94804.

The City shall designate a liaison to coordinate with Pogo and facilitate timely communication, reporting review, and approvals under this MOU.

19. FORCE MAJEURE. Neither Party shall be liable for delay or failure to perform caused by events beyond its reasonable control (e.g., acts of God, pandemic, war, emergency, or governmental order), provided that the affected Party gives prompt notice and resumes performance as soon as practicable.

20. AMENDMENTS. This MOU may be amended only by a written instrument executed by authorized representatives of both Parties.

21. ENTIRE AGREEMENT. This MOU, together with its exhibits, constitutes the entire agreement of the Parties with respect to its subject matter and supersedes all prior or contemporaneous oral or written agreements.
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22. GOVERNING LAW; VENUE. This MOU shall be governed by, and construed in accordance with, the laws of the State of California without regard to conflict‑ of‑ laws principles. Venue for any action shall lie exclusively in the state or federal courts located in Contra Costa County, California.

23. COUNTERPARTS; ELECTRONIC SIGNATURES. This MOU may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one and the same instrument. Signatures delivered electronically (e.g., via DocuSign or PDF) shall be deemed original.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the Parties have executed this MOU as of the Effective Date.

CITY OF RICHMOND
By: ___________________________
Name:

Title:

Date:

POGO PARK
By: ___________________________
Name:

Title:

Date:
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EXHIBIT A – PERFORMANCE METRICS & OPERATING HOURS
This Exhibit sets forth the agreed-upon operating hours and performance metrics that will be used to evaluate Pogo’s operations under this MOU. These metrics shall serve as the basis for the City’s performance reviews under Section 4 (“Term and Renewal”).

1. OPERATING HOURS
Facility Minimum Weekly Hours
Open to Public
Notes
Harbour Hall 40 hours per week Includes evenings and
weekends; exclude City
holidays*
Elm Playlot 40 hours per week Includes evenings and
weekends; exclude City
holidays*
Harbour-8 Park 40 hours per week Includes evenings and
weekends; exclude City
holidays*
Commercial Kitchen Varies Based on bookings and
programs
* Weekly minimum hours will be proportionally reduced by 1/5 for each City holiday that occurs during that week on Monday – Friday. City of Richmond Holiday Schedule Website https://www.ci.richmond.ca.us/2078/Holiday-Schedule

2. PROGRAM DELIVERY METRICS
Metric Target Reporting Frequency
Community events
hosted
4 events per year Annually
Park programs /
activities (e.g., dance;
art; food; child and youth
development, etc.)
400 programs / activities per
year
Annually

3. COMMUNITY ENGAGEMENT & FEEDBACK
Metric Target Reporting Frequency
Community feedback
sessions held
1 per year Annually
City notified of
community concerns
Within 10 business days of
receipt
As needed

4. REPORTING DELIVERABLES
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Report Due Date
Program & Engagement Report Within 30 days after end of each calendar year Annual Budget 60 days prior to the start of each fiscal year Maintenance/Repair Summary Within 30 days after end of each calendar year Public Usage & Participation Data Within 30 days after end of each calendar year

5. FLEXIBILITY CLAUSE
Pogo and the City acknowledge that unforeseen circumstances (e.g., extreme weather, health orders, emergency response deployment) may temporarily affect service delivery. In such cases, Pogo shall notify the City and propose reasonable modifications to metrics. The City shall not unreasonably withhold approval of such adjustments.
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EXHIBIT B – FACILITY RENTALS
This Exhibit outlines the policies and procedures governing rentals of Harbour Hall, Elm Playlot, Harbour-8 Park’s Commercial Kitchen, and any other City-owned Facilities operated by Pogo under this MOU.

1. RENTAL MANAGEMENT. Pogo shall have sole responsibility for managing all rentalrelated activities for the Facilities described herein. To avoid scheduling conflicts or duplicative efforts, the City shall not schedule or authorize use of any Facility without prior written coordination with, and acknowledgment by, Pogo. Rental management responsibilities shall include, but are not limited to:
a. Marketing and promotion of rental opportunities
b. Booking, scheduling, and confirming reservations
c. Collection and administration of rental fees and security deposits d. On-site staffing and event management and oversight
e. Facility inspections, pre-rental and post-rental reporting

2. PERMITTED USES. Permitted uses include, but are not limited to:
a. Private events, including but not limited to weddings, birthday parties, quinceañeras, baby showers, memorials, and other special occasions b. Community classes and programs (e.g., fitness, art, cooking) c. Public meetings, town halls, voting, and educational workshops d. Cultural or recreational programs (e.g., bingo night, movies night, etc.) e. Nonprofit fundraising events
f. Performing arts
g. Pop-up shops, art galleries, and temporary exhibitions h. Emergency preparedness training and response

3. PROHIBITED USES. Pogo reserves the right to deny any rental application inconsistent with community values, public safety, or the intended use of the Facilities The uses below are expressly prohibited:
a. Events involving illegal activity or controlled substances b. Political campaign events (unless permitted under equal access guidelines) c. Events exceeding occupancy or violate fire code or other safety regulations d. Any use that the City or Pogo reasonably determines poses a threat to the safety of participants, the integrity of the Facilities, or community trust

4. CITY USE OF FACILITIES. If the City desires to use any Facility for its own governmental or ceremonial purposes, the following shall apply:
a. The City shall provide Pogo with at least thirty (30) days’ written notice. b. The City shall either (a) furnish its own staff and cleaning crew, or (b) reimburse Pogo for staffing and related costs based on Pogo’s published rate schedule. c. City use shall not displace or interfere with previously confirmed community bookings unless mutually agreed upon in writing.
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5. RENTAL RATES.
a. Published Rental Rates. Pogo will set Facility rental rates for private individuals, groups, and corporations, which will be published annually and submitted to the City for review and approval. These fees may be adjusted as needed to reflect market conditions, community needs, or operational requirements. b. Discounts and Fee Waivers. Pogo and City shall jointly develop and maintain a published schedule of eligibility criteria for discounted rental rates (e.g., for Richmond residents) and full fee waivers (e.g., for mission-aligned community groups). The Parties shall review and update the schedule periodically to ensure alignment with community needs and equity goals.

6. OTHER RENTAL TERMS.
a. Security Deposits. All renters shall provide a refundable security deposit in an amount set by Pogo’s rental policy. Deposit may be withheld in the event of damage, excessive cleaning, or policy violations.
b. Cancellation & Refund Policy. Pogo shall publish a cancellation and refund policy outlining deadlines and refund amounts. In general, cancellations made at least 14 days in advance shall be eligible for a full refund.
c. Insurance Requirements. Pogo and City will determine appropriate insurance requirements for events.
d. Noise, Hours, and Conduct. All rentals must comply with City ordinances related to noise and hours of operation. Consistent with the City’s community center rental policies, events/music must end by 9:00 PM with breakdown/cleanup allowed until 10:00 PM, unless otherwise approved in writing. Renters are responsible for guest behavior and for returning the facility to its pre-use condition. e. Alcohol Use. Alcohol may be served or consumed at the Facility only with prior written approval from Pogo and in compliance with all applicable laws and regulations, including any temporary alcohol license or permit required from the California Department of Alcoholic Beverage Control (ABC) and provide a copy to Pogo at least five (5) business days prior to the event. All alcohol service must comply with ABC rules and be conducted by individuals legally authorized to serve alcohol. Pogo reserves the right to require security personnel and impose additional conditions, including but not limited to event insurance, for any event involving the service or consumption of alcohol.
f. Equipment and Furniture. Use of Pogo-owned equipment or FF&E may be included in the rental fee or subject to additional charges. No permanent alterations may be made to the facilities.

7. DISPUTE RESOLUTION. Any disputes regarding rental denials, fee waivers, or City scheduling shall be resolved in accordance with the Dispute Resolution provisions in the MOU (Section 14).
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EXHIBIT C – INSURANCE REQUIREMENTS
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)

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. Sexual Molestation Liability (SML coverage) or Sexual Abuse & Molestation Insurance (or SAM coverage) – A minimum of $1,000,000 or in an amount stipulated by City depending upon scope of contract.

7. Fidelity Bond/Crime Coverage –A minimum of $1,000,000 or in an amount stipulated by City depending upon scope of contract.

Required Coverage Minimum Limits
Workers’ Compensation and Employers’
Liability
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self-Insure, signed by the California Department of Industrial Relations and Self-Insurance.

If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
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Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Sexual Molestation Liability (SML
coverage) or Sexual Abuse &
Molestation Insurance (or SAM
coverage)
A minimum of $1,000,000 or in an amount stipulated by City depending upon the scope of the Contract.

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.

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.

Fidelity Bond/Crime Coverage
A minimum of $1,000,000 of in an amount stipulated by the City depending upon the scope of the Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including 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. SAMPLE Endorsements can be found at http://www.ci.richmond.ca.us/index.aspx?nid=61
When Excess and/or Umbrella insurance is provided, the policy shall be endorsed to name the City of Richmond as an additional insured.

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 General Liability during the life of this contract.

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

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

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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.

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. 805
1 DocID #51992v1
806

08/26/2025
Mayor's Office
DATE: August 26, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Authorization for International Travel to Shimada, Japan in October 2025
FINANCIAL IMPACT: Up to $16,000 total for airfare and land costs for city travelers (below). The individual appropriations for the Mayor, Councilmember, and council staff have funding to cover the cost.

Mayor Martinez – Account String: 01101011-400243
Vice Mayor Zepeda – Account String: 01115211-400243
Councilmember Jamelia Brown – Account String:
01115111-400243
Council Office, Mary Marable – Account String:
01115111-400243

PREVIOUS COUNCIL
ACTION:

September 17, 2019

STATEMENT OF THE
ISSUE:

A Richmond delegation seeks authorization to travel to
Shimada, Japan, in October 2025 to strengthen the
Sister City relationship, explore economic opportunities, and participate in cultural exchange. This visit continues the long-standing practice of delegations traveling
between Richmond and Shimada to maintain and grow
the partnership.

AGENDA
REPORT
807

08/26/2025
RECOMMENDED ACTION: AUTHORIZE a delegation of Mayor Martinez, Vice-Mayor Zepeda and Councilmember Brown and a City staff
member to travel to Shimada, Japan in October 2025 to
strengthen the Sister City relationship, explore economic opportunities and participate in a cultural exchangeMayor Eduardo Martinez (510-620-6503).

DISCUSSION:

In 1964, the Richmond City Council voted to establish a Sister City affiliation with Shimada, Japan (Resolution 8337), fostering exchanges in culture, education, and civic engagement. The City Council has previously approved travel to Shimada, Japan, for the purpose of cultural exchange, reaffirming Richmond’s commitment to this relationship for more than 59 years. Over the years, both cities have hosted delegations, celebrated joint festivals, and maintained ongoing correspondence through the Richmond–Shimada Friendship Commission.

The City of Shimada has invited Richmond representatives to take part in the 2025 “Obi Matsuri,” a tradition that dates back to 1695. Richmond’s delegation, which includes elected officials, city staff, Shimada Friendship Commissioners, and community partners, will meet with Shimada officials, join in festival activities, and continue discussions aimed at deepening the Sister City relationship. Current and former members of the Richmond–Shimada Friendship Commission will join the delegation at their own expense.

This visit builds on a long history of cultural exchange and friendship between the two cities. It offers an opportunity to strengthen people-to-people connections, reaffirm Richmond’s commitment to international understanding, and highlight shared traditions.

The delegation will also explore economic ties, including potential collaborations in business, tourism, and educational partnerships, areas where Richmond and Shimada have mutual interest.

DOCUMENTS ATTACHED:

Attachment 1 – Invitation from the Mayor of Shimada
Attachment 2 – Resolution 8337 Establishing the Richmond–Shimada Friendship Commission
808
809
810
811
リッチモンド市
市長 Eduardo Martinez（エドュアーデュ・マーティネズ） 様
島田大祭「帯まつり」開催の御案内
時下、益々ご健勝のこととお慶び申し上げます。
これまで、リッチモンド市と島田市の間に、良い友好関係が続いていることに
感謝いたします。
さて、島田市では、本年 10 月 11 日～13 日の３日の間、３年に１度開かれる『島
田大祭「帯まつり」』が開催されます。これは、1695 年から続く伝統的な祭りで、
「日本三奇祭」として数えられています。祭りでは、絢爛豪華な大名行列やお神
輿など多くの出し物があり、期間中、島田市内は観光客で賑わいます。ぜひ、リ
ッチモンド市の皆様には島田市へお越しいただき、島田の歴史・文化に触れてい
ただければ幸いに存じます。代表団のご来訪を、心よりお待ち申し上げます。
代表団のご来訪をいただける場合、2025 年３月末日までに訪問される方の人数
（リッチモンド市、リッチモンド市議会、リッチモンド・シマダ友好委員会の訪
問者合計 12 人まで、ホテル宿泊人数は合計 10 人まで）をご連絡いただきたくお
願いいたします。
今後、リッチモンド市と島田市との友好の絆がより一層深まり、両市の益々の
発展へとつながる交流の継続を期待しております
結びに、リッチモンド市長をはじめ皆様の御健勝と御活躍を心よりお祈り申し
上げます。
2025 年３月４日
島田市長
812
March 4 ,2025
Dear Eduardo Martinez
Mayor of the City of Richmond,
Shimada Big festival Invitation
I hope this message finds you well.

I am grateful for the good friendship that has continued between the city of Richmond and the city of Shimada.

Now, the " Shimada Big Festival 'Obi Matsuri' " will be held 3 days in Shimada City from October 11 to 13 this year, which takes place every three years. This is a traditional festival that has been held since 1695 and is known as one of the "Three Unique Festivals in Japan." The festival features a gorgeous Daimyo (feudal lords) parade, Omikoshi (portable shrines) as well as many other attractions, and during this period, Shimada City will be bustling with tourists. We sincerely hope that the members of Richmond City will visit Shimada City and experience its history and culture. We are looking forward to the delegation's visit with all our hearts.

If you could visit Shimada, we kindly ask you to inform us of the number of visitors by the end of March 2025. A total of 12 guests including Richmond City, Richmond City Council and Richmond-Shimada Friendship Committee are invited and up to 10 hotel rooms are available.

I hope that the bonds of friendship between Richmond City and Shimada City will deepen further and lead to continued exchanges that contribute to the development of both cities.

In closing, I sincerely wish for the continued good health and success of everyone and Mayor of the City of Richmond.

Best regards,
Kinuyo Someya
Mayor of Shimada City
813

August 26, 2025
Mayor's Office
DATE: August 26, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Proclamation Commemorating Labor Day September 1, 2025, in the City of Richmond, CA
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Presentation Commemorating Labor Day September 1,
2025, in the City of Richmond.

RECOMMENDED ACTION: PROCLAMATION Commemorating Labor Day September 1, 2025, in the City of Richmond - Mayor
Eduardo Martinez (510-620-6503)
DISCUSSION:

Labor Day serves as a vital opportunity for the City of Richmond to honor the contributions of working people who have shaped our community’s history and continue to drive its progress. This year’s proclamation recognizes the diverse and resilient workforce that powers Richmond, from educators and healthcare professionals to tradespeople, public servants, and service workers. By formally commemorating Labor Day 2025, the city reaffirms its commitment to equity, fair labor practices, and economic opportunity for all residents. The proclamation also acknowledges the role of organized labor in advancing social justice and workplace protections, aligning with Richmond’s values of inclusion and dignity. This observance encourages civic pride and offers a moment of reflection on the ongoing efforts to build a more just and prosperous future for every worker in Richmond.

AGENDA
REPORT
814

August 26, 2025
DOCUMENTS ATTACHED:

Attachment 1 – Proclamation Commemorating Labor Day
815
Mayor Eduardo Martinez
City of Richmond
August 26, 2025
Commemorating
_tuÉÜ Wtç
September 1, 2025, in the City of Richmond, CA
WHEREAS, Labor Day is a time-honored national holiday that recognizes the social and economic achievements of workers and honors the labor movement’s enduring contributions to the strength, prosperity, and well-being of our nation; and
WHEREAS, the City of Richmond has a proud history rooted in labor, from its shipyards and manufacturing plants to its vibrant service, education, healthcare, and public sectors, where generations of workers have built and sustained our community with skill, dedication, and courage; and
WHEREAS, Richmond’s workforce reflects the city’s diversity, resilience, and innovation, and continues to lead in areas such as clean energy, community health, education, and infrastructure development; and
WHEREAS, organized labor has played a vital role in advancing workplace protections, fair wages, racial and gender equity, and the right to collective bargaining, values that align with Richmond’s commitment to justice and inclusion; and
WHEREAS, the City of Richmond recognizes the essential contributions of frontline workers, educators, caregivers, tradespeople, and public servants, especially in times of crisis and recovery, and recommits to policies that support safe working conditions, economic opportunity, and dignity for all; and WHEREAS, Labor Day is not only a celebration of past achievements but a call to action to ensure that all workers, regardless of background or status, have access to fair treatment, sustainable employment, and a voice in shaping their future;
NOW, THEREFORE, I, Eduardo Martinez, Mayor of the City of Richmond, on behalf of the Richmond City Council, do hereby proclaim September 1, 2025, as Labor Day in the City of Richmond and encourage all residents to honor the legacy of labor, support working families, and continue building a city where everyone thrives.
816

August 26, 2025
Mayor's Office
DATE: August 26, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Appointment of Melvin Willis to the Rent Board FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Melvin Willis is applying to serve on the Rent Board
RECOMMENDED ACTION: APPOINT Melvin Willis to the Richmond Rent Board with a term that expires on March 21, 2027– Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

Melvin Willis brings a decade of experience advocating for renter rights and has demonstrated a strong commitment to housing justice and community engagement. As a lifelong Richmond resident, he is deeply familiar with the unique housing challenges facing the city’s tenants. His goal in serving on the Rent Board is to help increase public awareness of the Board’s work, educate residents about their rights, and connect them with the programs and resources available through the Board.

Mr. Willis previously served on the Richmond Planning Commission from 2012 to 2014 and was a member of the Richmond City Council from 2016 to 2024. His extensive AGENDA
REPORT
817

August 26, 2025
public service background and deep-rooted knowledge of Richmond’s housing landscape make him a valuable addition to the Rent Board.

DOCUMENTS ATTACHED:

Attachment 1 – Melvin Willis’ redacted application
818
819
820

August 26, 2025
Mayor's Office
DATE: August 26, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Appointment of Kavitha Lyengar to the Human Rights and Human Relations Commission
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Kavitha Lyengar is applying to serve on the Human
Rights and Human Relations Commission
RECOMMENDED ACTION: APPOINT Kavitha Lyengar to the Human Rights and Human Relations Commission with a term that expires on
March 30, 2028– Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503)
DISCUSSION:

Kavitha Lyengar brings a strong commitment to social justice, labor rights, and immigrant advocacy to the Human Rights and Human Relations Commission. As an attorney, union representative, and labor organizer, Lyengar has extensive experience working to uplift the voices of working families, with a particular focus on immigrants and communities of color.

Lyengar seeks to join the Commission to help advance the human rights of working people and to ensure that historically marginalized communities have greater support and representation in both society and government. This perspective aligns closely with AGENDA
REPORT
821

August 26, 2025
the Commission’s mission to promote equity, inclusion, and human dignity in the City of Richmond.

Lyengar holds a bachelor’s degree with Highest Distinction and Honors in American Culture and Spanish, a Juris Doctor, and a master’s degree in jurisprudence and social policy, an academic background that complements their deep professional experience in advocacy and public service.

Appointing Lyengar would bring valuable legal insight, grassroots organizing experience, and a strong social equity lens to the Commission’s ongoing work.

DOCUMENTS ATTACHED:

Attachment 1 – Kavitha Lyengar’s redacted application
822

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By Sabrina Lundy at 10:18 am, Aug 01, 2025

08/01/2025
Human Rights and Human Relations
Kavitha Iyengar
94804
Union Representative
1 year and 10 months
I am an attorney who works as a union representative and labor organizer. I believe that it is important for working people, particularly immigrants and people of color, to have more support and voice in society and in government. I believe the city of Richmond can be an important resource for advancing working families' human rights -- particularly immigrant rights under the current federal administration.

Richmond Progressive Alliance, Democratic Socialists of America, United Auto Workers, Alameda Labor Council, Livermore Temple,
B.A. with Highest Distinction May 2015, Honors in American Culture and Spanish J.D. May 2020
M.A. in Jurisprudence and Social Policy, May 2025
Sue Wilson,
Priyanka Mohanty, A , ,
Tanzil Chowdhury,
Mia Antezzo,
Sarah Arveson,
08/01/2025
823

August 26, 2025
Mayor's Office
DATE: August 26, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Reappointment of Anita Pereira to the Urban Forest Advisory Committee
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

September 13, 2022

STATEMENT OF THE
ISSUE:

Anita Pereira is reapplying to serve on the Urban Forest Advisory Committee
RECOMMENDED ACTION: REAPPOINT Anita Pereira to the Urban Forest Advisory Committee with a term that expires on November 17,
2028 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).

DISCUSSION:

The mayor recommends the reappointment of Anita Pereira to the Urban Forest Advisory Committee. Since 2022, Pereira has contributed her time and expertise to making Richmond forested, ecological, and sustainable, with a focus on expanding the tree canopy, understory, and native groundcover while preserving wildlife biodiversity.

Ms. Pereira also actively beautifies public spaces, including the Carlson medians, Mendocino Park, and a native plant garden in Lucas Park. She is a member of the AGENDA
REPORT
824

August 26, 2025
Sierra Club, California Native Plant Society, and Audubon Society, and participates in Bringing Back the Natives Garden Tour.

She holds a B.A. in Sociology and a Doctor of Optometry, both from UC Berkeley. Her dedication and hands-on efforts make her an asset to the committee.

DOCUMENTS ATTACHED:

Attachment 1 – Anita Pereira’s redacted application.
825
826

August 26, 2025
Mayor's Office
DATE: August 26, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Reappointment of Geovanni Flores to the Workforce Development Board
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

March 17, 2020

STATEMENT OF THE
ISSUE:

Geovanni Flores is reapplying to serve on the Workforce Development Board
RECOMMENDED ACTION: REAPPOINT Geovanni Flores to the Workforce Development Board with a term that expires on March 1,
2028 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).

DISCUSSION:

Geovanni Flores has served on the Richmond Workforce Development Board since 2020, bringing valuable experience and perspective to the board’s mission of guiding an effective, customer-centered workforce development system. As the Apprentice Coordinator at the Northern California Laborers Training Center, Flores plays a key role in preparing individuals for meaningful careers in the trades. Their continued service supports strong labor partnerships and helps ensure that workforce programs are AGENDA
REPORT
827

August 26, 2025
aligned with industry needs and employment opportunities. Reappointing Flores will maintain valuable continuity and expertise on the board.

DOCUMENTS ATTACHED:

Attachment 1 – Geovanni Flores’ redacted application.
828
By Sabrina Lundy at 3:36 pm, Aug 07, 2025
829

August 26, 2025
Mayor's Office
DATE: August 26, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Reappointment of Valerie Snider to the Richmond Shimada Friendship Commission
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

June 19, 2018
April 5, 2022

STATEMENT OF THE
ISSUE:

Valerie Snider is reapplying to serve on the Richmond
Shimada Friendship Commission
RECOMMENDED ACTION: REAPPOINT Valerie Snider to the Richmond Shimada Friendship Commission with a term that expires on
December 31, 2028 – Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).

DISCUSSION:

Valerie Snider has been involved with the Shimada Friendship Commission since 2016 and has served as an appointed member since 2018. Their continued commitment reflects a strong dedication to fostering positive relationships and meaningful cultural exchange between the City of Richmond and its sister city, Shimada, Japan. Snider’s ongoing participation will help sustain the commission’s mission and strengthen international ties through community engagement and cultural understanding.

AGENDA
REPORT
830

August 26, 2025
Reappointment is recommended to support the continuity and impact of this important work.

DOCUMENTS ATTACHED:

Attachment 1 – Valerie Snider’s redacted application.
831
832

August 26, 2025
Mayor's Office
DATE: August 26, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Reappointment of Jonathan (Jon) Harrison to the Planning Commission
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

January 26,2021
July 26, 2022

STATEMENT OF THE
ISSUE:

Jonathan (Jon) Harrison is reapplying to serve on the
Planning Commission
RECOMMENDED ACTION: REAPPOINT Jonathan (Jon) Harrison to the Planning Commission with a term that expires on June 30, 2026 –
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

Jonathan (Jon) Harrison has served on the Richmond Planning Commission since 2021 and has expressed a desire to continue contributing to the city's planning efforts. Harrison brings significant experience to the role, having previously served 17 years on the City Council and 7 years on the Planning Commission in Redlands, California. With a Bachelor of Science in City and Regional Planning, Harrison offers both practical experience and academic knowledge that support thoughtful, informed decision-making. Reappointment is recommended to maintain experienced leadership on the commission.

DOCUMENTS ATTACHED:

Attachment 1 – Jonathan (Jon) Harrison’s redacted application.

AGENDA
REPORT
833
•
Clear Form

BOARD OR COMMISSION APPLICATION FORM
DATE: April 1 , 2025
Check one: New Appointment □
Re-Appointment @
NAME OF BOARD OR COMMISSION: Planning Commission ----------------------·--- NAME: Jonathan (Jon) Harrison
HOME ADDRESS:

ZIP CODE: 94801 HOME PHONE: WORK PHONE: _______ _
OCCUPATION: retired EMAIL ADDRESS:

HOW LONG HAVE YOU BEEN A RESIDENT OF THE CITY OF RICHMOND: 7 years - ------------- PLACE OF EMPLOYMENT: •
____________ retired _..,_ ______________ _
REASONS FOR INTEREST IN APPOINTMENT:

I wish to continue my service to the City as a Planning Commissioner. Prior to arriving in Richmond, I serve 17· Years 'on ttie city COUi'lcil',' and 7 years 'on' the Planning torilmission f6'r the CltY Of R8dlands, CA.

I believe my· past experience· enables· me 'to 'understand tlie planning issues relatea, to -projects· and 'plan's tnat come' before ttie Commiss,on, ·a'nd·to 'worR' effectively with my fellow comm1ss1oners'to reacfi , • • FRATERNAL AND/OR CIVIC ORGANIZATIONS:

EDUCATION:
•
B.S., City and Regional Planning, Cal Poly San Luis Obispo . -
REFERENCES (Minimum 5 - List Name, Address, Phone Number, and Email Address)

1. Sallie DeWitt, ,
2_ Paul Foster,
3_ Steven· Paskowitz,
4_ Mike Carnall,
5_ Yvonne McHugh,
Signa"""'re
Deli er or Mail to:

To the best of my knowledge the information provided is true and correct:

City Clerk
450 Civic Center Plaza
Richmond, CA 94804
•
Date
Or Email to: [email protected]
Print and Sign
For Office Use Only: New Appointment: □ Reappointment: 834 0 D 1st □ 2°Q D 3rd

August 26, 2025
Mayor's Office
DATE: August 26, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Appointment of Garrett Shishido Strain to the Community Crisis Response Program Advisory Board
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Garrett Shishido Strain is applying to serve on the
Community Crisis Response Program Advisory Board
RECOMMENDED ACTION: APPOINT Garrett Shishido Strain to the Community Crisis Response Program Advisory Board with a term
that expires on December 31, 2027 – Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

Garrett Shishido Strain brings a strong background in worker representation, policy development, and institutional capacity-building, all of which align with the goals of supporting and strengthening the non-violent crisis response. With academic credentials including a B.A. in International Studies, a masters in public administration, and a Master’s in Sociology, Strain offers a well-rounded perspective and a commitment to community-centered approaches.

Garrett’s appointment is recommended to support the continued growth and effectiveness of the CCRP.

DOCUMENTS ATTACHED:

Attachment 1 – Garrett Shishido Strain’s redacted application AGENDA
REPORT
835
836

August 26, 2025
Mayor's Office
DATE: August 26, 2025
TO: Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Reappointment of Joann Pavlinec to the Historic Preservation Commission
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

February 19, 2013
September 19, 2017
September 14, 2021

STATEMENT OF THE
ISSUE:

Joann Pavlinec is reapplying to serve on the History
Preservation Commission
RECOMMENDED ACTION: REAPPOINT Joann Pavlinec to the Historic Preservation Commission with a term that expires on July 31, 2029 –
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

Joann Pavlinec has served on the Historic Preservation Commission since 2013 and has expressed a desire to continue contributing her expertise to the preservation of Richmond’s historical and architectural heritage. With a B.A. in Architectural History, a Masters in Architecture, and a background as a retired city planner, Pavlinec brings valuable knowledge and practical experience to the commission. Her reappointment is recommended to maintain continuity and support the commission’s ongoing work in preserving Richmond’s cultural and historical assets.

DOCUMENTS ATTACHED: Attachment 1 – Joann Pavlinec’s redacted application.

AGENDA
REPORT
837
By Sabrina Lundy at 11:13 am, Jul 28, 2025
838

August 26, 2025
Police Department
DATE: August 26, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Approve the Purchase of Additional 40-millimeter Impact Munition Devices from Arms Unlimited
FINANCIAL IMPACT: The proposed expenditure of $13,818.27, which includes sales tax and a 5 percent contingency for shipping, is
included in the Richmond Police Department’s approved
Fiscal Year 2025-2026 budget (Account String
01192021-400603).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Richmond Police Department currently deploys
seven 40-millimeter single-shot impact munition devices across patrol teams and Special Response Teams
(SRT). This quantity is insufficient to ensure consistent availability for field use and training. The Department seeks to increase the number of devices so that each
patrol and SRT unit has access to a minimum of four
operational units. This will mitigate service interruptions caused by maintenance cycles and enhance operational
readiness and safety.

AGENDA
REPORT
839

August 26, 2025
RECOMMENDED ACTION: Approve the purchase of additional 40-millimeter impact munition devices from Arms Unlimited in an amount not
to exceed $13,818.27, which includes sales tax and a 5
percent contingency for shipping – Police Department
(Chief Bisa French 510-621-1802).

DISCUSSION:

The Richmond Police Department (RPD) has found 40-millimeter impact munition devices to be a valuable less-lethal option in safely resolving critical incidents such as armed confrontations, barricaded suspects and other high-risk situations. These devices provide officers with an effective intermediate force option that helps deescalate threats and preserve life.

Currently, RPD has seven (7) 40-millimeter devices in service, five (5) in Patrol and two (2) with the Special Response Team (SRT). This limited number creates operational gaps, especially when units are out of service for maintenance or assigned to training exercises.

The Department’s goal is to provide each patrol team and SRT unit with four dedicated devices, ensuring consistent access for both operational deployment and training.

Increasing the inventory supports improved readiness, reduces the risk of over-reliance on lethal force and ensures compliance with modern best practices in use-of-force protocols.

Following RPD staff soliciting quotes from various vendors the purchase quote of $13,160.25 was received from Arms Unlimited which included tax at the local rate of

9.75 percent. Although a shipping rate was included, shipping cost will be finalized upon shipment and therefore RPD staff has added a 5 percent contingency for shipping; City staff is requesting a payment limit of $13,818.27. This purchase is included in the current Fiscal Year’s 2025-2026 budget and aligns with equipment plans included in the 2024 Annual Military Equipment Report previously adopted by Council.

Importance of Less-Lethal Munitions
Less-lethal munitions, specifically 40-millimeter impact devices, play a crucial role in modern law enforcement by providing officers with an alternative means of managing high-risk situations. These tools are designed to incapacitate a suspect temporarily with minimal risk of long-term injury, offering a valuable option between verbal commands and the use of lethal force.

The ability to deploy less-lethal impact munitions allows officers to:

1. De-escalate Situations: When faced with a volatile or aggressive individual, less-lethal impact munitions can be used to control the situation without resorting to lethal force. The impact from these munitions can neutralize immediate threats, giving officers the opportunity to resolve the situation peacefully. 840

August 26, 2025

2. Safeguard Lives: By providing a less lethal means of response, these munitions help preserve lives—both those of suspects and officers. They are particularly effective in situations where suspects may be armed but not immediately posing a lethal threat.

3. Reduce Force Escalation: The availability of less-lethal options helps prevent situations from escalating to a point where lethal force might otherwise be necessary. This approach aligns with best practices in law enforcement and reflects a commitment to using force proportionately.

4. Enhance Training and Readiness: Having sufficient less-lethal munitions ensures that all patrol teams and SRT units are well-equipped for training exercises, thereby improving their readiness for real-life scenarios. Effective training with these devices enhances officers' ability to deploy them appropriately and confidently in the field.

DOCUMENTS ATTACHED:

Attachment 1 – Arms Unlimited Quote
841
842
843
844

August 26, 2025
Police Department
DATE: August 26, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Approve the Purchase of Replacement Upper Receivers for SWAT Rifles from LC Action Policy Supply
FINANCIAL IMPACT: The proposed expenditure of $18,010.58 will be allocated from the Richmond Police Department's approved budget
for the 2025-2026 Fiscal Year - account string 01194021- 400603.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Richmond Police Department is seeking
authorization to purchase Daniel Defense replacement
upper receivers and flash hiders for existing SWAT rifles, in accordance with the Department's 2025 projected
acquisitions as outlined in the Council-approved 2024
Annual Military Equipment Report.

RECOMMENDED ACTION: APPROVE the purchase of Daniel Defense replacement upper receivers and flash hiders from LC Action Police
Supply for existing SWAT rifles in the amount of
$18,010.58 – Police Department (Chief Bisa French 510-
621-1802).

AGENDA
REPORT
845

August 26, 2025
DISCUSSION:

The Richmond Police Department (RPD) Special Weapons and Tactics (SWAT) Team currently uses AR-15-style rifles, many of which are 12 to 20 years old. While these rifles have functioned reliably, they have reached the end of their service life due to age and repeated use.

The upper receivers, where most wear occurs, require extensive parts replacement.

The list of parts that should be replaced on the SWAT Team rifle upper receivers include, but are not limited to:

1. Barrel

2. Bolt

3. Bolt Carrier

4. Cam Pin

5. Firing Pin

6. Extractor

7. Retaining Pin

8. Ejector

9. Gas Block

10. Gas Tube

11. Handguard

12. Charging Handle

13. Ejector spring

14. Extractor Spring
After reviewing costs, City staff determined that purchasing new upper receivers is more cost-effective than refurbishing the existing ones. Refurbishment would cost up to $1,100 in parts plus labor, testing, and potential follow-up repairs. In contrast, a new upper receiver costs $1,160 and includes a manufacturer's warranty.

In addition to the rifle uppers, City staff is requesting the purchase of HUXWRX 5.56 flash hiders, which are required for compatibility with current suppressor systems and to enhance operational performance. The need for this equipment was identified in the 2024 Annual Military Equipment Report and approved by the City Council.

Subsequently, RPD staff solicited quotes from various vendors and LC Action Police Supply offered the lowest pricing for the necessary parts replacement.

City staff recommends proceeding with the purchase from LC Action for rifle upper receivers and flash hiders, to ensure SWAT officers are equipped with safe, reliable, and mission-ready firearms during critical incident responses.

DOCUMENTS ATTACHED:

Attachment 1 - Quote Package
846
847
848
849
850
851
PUBLIC

WORKS/ABATEMENT
JULY 2025

ABATEMENT UPDATE
AUGUST 26, 2025
852

NEIGHBORHOOD
DUMPSTER DAYS (3)
 LAUREL PARK
 SOUTHWEST ANNEX
 PANHANDLE ANNEX
 RICHMOND ANNEX
18 DUMPSTERS – 48.42 TONS
853
83 SENIORS/DISABLED

PERSONS ASSISTED
(18.18 TONS)
 LAUREL PARK
 SOUTHWEST ANNEX
 PANHANDLE ANNEX
 RICHMOND ANNEX
854

ILLEGAL

DUMPING
-Turpin Alleyway.
-12th St. & Nevin Ave
855

ILLEGAL DUMPING
-15TH ST & BISSELL AVE
-SPRING ST.
1120 LOCATIONS
856
ILLEGAL DUMPING: MATTRESSES,

PAINT/OIL AND TIRES
MATTRESS – HOFFMAN & S20TH ST.

TIRES – CHESLEY & TRUMAN.

OIL/PAINT
 291 MATTRESSES
 128 GALLONS OF PAINT/OIL
 225 TIRES
857
Tonnage Collected Jan Feb March April May Jun Jul Aug Sep Oct Nov Dec YTD 2022 143.24 181.58 209.4 189.23 197.55 182.86 343.3 311.5 247.37 215.74 231.95 278.08 2731.80 2023 249.87 169.66 210.78 224.86 185.09 242.03 213.87 238.18 207.01 317.6 261.62 231.51 2752.08 2024 290.37 185.55 229.98 194.45 286.88 208.95 216.96 392.56 271.85 305.43 272.36 281.48 3136.62 2025 280.88 176.79 162.83 231.33 207.63 185.16 174.05 1418.67 Illegal Dumping (Tons) YTD Comparison
858
ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2025
0 50
100
150
200
250
300
859
ILLEGAL DUMPING TOTAL COST PER MONTH – 2025*
$-
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
$120,000.00
$140,000.00
January February March April May June July August September October November December *Includes Labor and Equipment 860

ENCAMPMENT
ABATEMENT - 18

LOCATIONS
-CASTRO ST/PARKWAY

UNDERPASS
-2500 BLOCK OF FLORIDA AVE.
28.33 Tons removed
861

ENCAMPMENTS

ABATEMENT
-CENTRAL AVE & SAN LUIS ST.-
862

RECREATIONAL

VEHICLE
DISMANTLING (1)
500 BLOCK OF SOUTH 12TH ST.–
DISMANTLED (1) RECREATIONAL

VEHICLES
863

ENCAMPMENTS TONNAGE COLLECTED PER MONTH (JULY)
0 5
10 15
20 25
30 35
40 2022
July
2023
July
2024
July
2025
July
864

GRAFFITI REMOVAL
244 Tags Removed
122 Locations
S Garrard & E Richmond
865

GRAFFITI REMOVAL
Espee Ave.
866

GRAFFITI TAGS REMOVED PER MONTH
0 50
100
150
200
250
300
2022
July
2023
July
2024
July
2025
July 867
WEED ABATEMENT (18

LOCATIONS)
868
WEED ABATEMENT (18

LOCATIONS)
869

WEED ABATEMENT
870
July Stats 2023 2024 2025 2023 2024 2025
Illegal Dumping (Tons) 215.5 216.76 174.05 1520.54 1612.96 1418.57 • Mattresses 202 228 291 1486 1556 1641
Dumpster Days (Tons) 77.2 82.84 48.42 368.67 402.46 410.97 *Number of Events 3 3 3 17 18 16
Encampments 5 10 18 38 69 123
• Tons 10.66 36.44 28.33 142.13 140.03 291.13
Graffiti Tags 232 216 244 1304 1055 1782
YTD
871

ABATEMENT STAFF HOURS
Illegal Dumping 1166
Encampment Removal 194
Graffiti Abatement 152
North Richmond Mitigation 40
Weeds/Brush Abatement 230
Fencing, Private Board Ups & Clean-Ups 0
Seniors Assistance 66
Leave 424
Management 324
Transport/Misc.* 44
Total 2640
July Hours
Illegal Dumping
Encampment Removal
Graffiti Abatement
North Richmond Mitigation
Weeds/brush Abatement
Transport/Misc*
Board Ups/Clean Ups/Fencing
Seniors Assistance
Transport/Misc. includes staff hours for removal of debris Management from vehicles, Point Molate trash removal, and hazardous waste facility disposal. 872
on
IRON TRIANGLE BELDING WOODS
W
Barre
tt Ave
NORTH & EAST RICHMO
HEIGHT
ATCHISO

N VILLAGE
Dim
St RICHMORE VILLAGEMETRO
SQUARE
Illegal Dumping
Hotspot (18)
February, 2025
Canal
PULLMAN PARK PLAZA
SANTE FE 580
CORONADO EL CERRITO
Lauritzen Canal
S 31st
St
CORTEZ-STEGE LAUREL PARK 80
EASTSHORE
Miller-knox
Regional
Shoreline
PARKVIEW
MARINA BAY POINT

RICHMOND
PANHAND

LE ANNEX
RICHMO

ND ANNEX
Richmond Inner Harbor
San
Francisco
Bay
SOUTHWE

ST ANNEX
0 1/4
1/21 Miles El
Cerrito Plz
ALBANY
873

PARTNERSHIPS
874
PUBLIC
WORKS/ABATEMENTJUNE 2025ABATEMENT UPDATEAUGUST 26, 2025 875

NEIGHBORHOOD
DUMPSTER DAYS (3)
 NORTH & EAST PARK PLAZA CORTEZ STEGE PULLMAN20 DUMPSTERS – 67.09 TONS 876
137 SENIORS/DISABLED
PERSONS ASSISTED (22.28 TONS)
 NORTH & EAST PARK PLAZA CORTEZ STEGE PULLMAN
877

ILLEGAL

DUMPING
-Lincoln Ave/9th St.
-S31st St./Cutting Alley-Mongomery St.
878

ILLEGAL DUMPING
‐KING PL & COLUSA
‐S.1ST ST. & PORTOLA
1004 LOCATIONS
879
ILLEGAL DUMPING: MATTRESSES,
PAINT/OIL AND TIRESMATTRESS –5TH
& BISSELL
TIRES – BECK AVE.

OIL/PAINT
 233 MATTRESSES  136 GALLONS OF PAINT/OIL  251 TIRES 880
Tonnage Collected Jan Feb March April May Jun Jul Aug Sep Oct Nov Dec YTD 2022 143.24 181.58 209.4 189.23 197.55 182.86 343.3 311.5 247.37 215.74 231.95 278.08 2731.802023 249.87 169.66 210.78 224.86 185.09 242.03 213.87 238.18 207.01 317.6 261.62 231.51 2752.082024 290.37 185.55 229.98 194.45 286.88 208.95 216.96 392.56 271.85 305.43 272.36 281.48 3136.622025 280.88 176.79 162.83 231.33 207.63 185.16 1244.62 Illegal Dumping (Tons) YTD Comparison
881
ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2025
0 50
100150200250300
882
ILLEGAL DUMPING TOTAL COST PER MONTH – 2025*
$-
$20,000.00 $40,000.00 $60,000.00 $80,000.00
$100,000.00 $120,000.00 $140,000.00
January February March April May June July August September October November December *Includes Labor and Equipment
883

ENCAMPMENT
ABATEMENT - 23

LOCATIONS
‐37TH ST. BART UNDERPASS
‐200 BLOCK OF S 2ND ST.
35.62 Tons removed
884

ENCAMPMENTS

ABATEMENT-VERNON LOTS
‐GREENWAY @ BAXTERCREEK.
885

ENCAMPMENTS TONNAGE COLLECTED PER MONTH (JUNE)
05 10152025303540
2022
June
2023
June
2024
June
2025
June
886

GRAFFITI REMOVAL
280 Tags Removed
140 Locations
Lucas Park
887

GRAFFITI REMOVAL
S50th & Cutting Blvd.
888

GRAFFITI TAGS REMOVED PER MONTH
0 50
100150200250300350400450500
2022
June
2023
June
2024
June
2025
June
889
June Stats 2023 2024 2025 2023 2024 2025
Illegal Dumping (Tons) 246.54 208.95 185.16 1305.04 1396.2 1244.52 • Mattresses 268 202 233 1284 1328 1350
Dumpster Days (Tons) 93.08 75.92 67.09 291.47 319.62 362.55*Number of Events 4 3 4 14 15 13Encampments 5 10 18 33 59 105 • Tons 8.54 22.66 35.62 131.47 103.59 262.8
Graffiti Tags 198 208 280 1072 839 1538
YTD
890

WEED ABATEMENT
(14 LOCATIONS)Richmond Parkway @ Goodrick
891

WEED ABATEMENT
(14 LOCATIONS)Point Richmond - City lot
892

WEED ABATEMENT
600 block of 1st St. – Iron
Triangle
893
MISCELLANEOUS:
894
MISCELLANEOUS:
895

ABATEMENT STAFF HOURS
Illegal Dumping 1300Encampment Removal 128Graffiti Abatement 152North Richmond Mitigation 25Weeds/Brush Abatement 194Fencing, Private Board Ups & Clean-Ups 0Seniors Assistance 114Leave 380Management 188Transport/Misc.* 39Total 2520 June Hours
Illegal DumpingEncampment RemovalGraffiti AbatementNorth Richmond MitigationWeeds/brush AbatementTransport/Misc*Board Ups/Clean Ups/FencingSeniors Assistance Transport/Misc. includes staff hours for removal of debris Managementfrom vehicles, Point Molate trash removal, and hazardous waste facility disposal. 896
on
IRON TRIANGLE
BELDING WOODS
W
Barre
tt Ave
NORTH & EAST RICHMO
HEIGHT
ATCHISO

N VILLAGE
Dim
St RICHMORE VILLAGEMETRO
SQUARE
Illegal Dumping
Hotspot (18)
February, 2025
Canal
PULLMAN PARK PLAZA
SANTE FE 580
CORONADO EL CERRITO
Lauritzen Canal
S 31st
St
CORTEZ-STEGE LAUREL PARK
80
EASTSHORE
Miller-knox
Regional
Shoreline
PARKVIEW
MARINA BAY
POINT

RICHMOND
PANHAND

LE ANNEX
RICHMO

ND ANNEX
Richmond Inner Harbor
San
Francisco
Bay
SOUTHWE

ST ANNEX
0 1/41/21 Miles
El Cerrito Plz
ALBANY
897

PARTNERSHIPS
898

August 26, 2025
Public Works
DATE: August 26, 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: Task Authorization for Construction of Cutting Blvd. and Harbour Way South Wet Weather Improvement Project
FINANCIAL IMPACT: The total project cost will not exceed $4,715,645, which includes a base construction and professional services
cost of $3,627,420 and a 30 percent contingency of
$1,088,225. Funding is available from the Wastewater
Enterprise Fund and has been budgeted in the FY 2025–
26 Capital Improvement Program (Account No.
40322931-400708-22103).

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

To comply with the 2018 Baykeeper Settlement
Agreement, City staff recommends that the City Council
authorize a Task Authorization to Veolia Water West
Operating Services, Inc. for construction of the Cutting Blvd – Harbour Way South Wet Weather Sanitary Sewer
Improvement Project. The project involves installation of approximately 3,700 linear feet of new 30-inch diameter relief sewers within Cutting Boulevard and near Harbour Way South.

RECOMMENDED ACTION: ADOPT a resolution authorizing the issuance of a Task Authorization to Veolia Water West Operating Services,
Inc. for the Cutting Blvd – Harbour Way South Wet
Weather Sanitary Sewer Improvement Project, in an
amount not to exceed $4,715,645, to comply with the
City’s obligations under the 2018 Baykeeper Settlement
AGENDA
REPORT
899

August 26, 2025
Agreement - Public Works (Robert Armijo 510-620-5477
/Hillal Hamdan 510-621-1612).

DISCUSSION:

The Cutting Blvd – Harbour Way South Wet Weather Improvement project was identified in the 2018 Baykeeper Settlement Agreement as part of the Capacity Related Capital Improvement Projects to mitigate sanitary sewer overflows during wet weather events. The project consists of installing approximately 3,700 linear feet of new 30-inch diameter relief sewer within Cutting Boulevard and near Harbour Way South. This improvement will help relieve hydraulic stress during peak flows and reduce infiltration/inflow (I&I) into the wastewater collection system. The construction phase is expected to last 18 months . The settlement agreement requires construction to be completed by June 30, 2026.

On March 3, 2025, City of Richmond issued a Request for Bids (RFB) for contractors interested in the Cutting Blvd – Harbour Way South Wet Weather Improvement project.

The notice was downloaded by 44 firms through the City of Richmond BidsOnline website. On April 8, 2025, six (6) contractor bids were received from (in alphabetical order): APB General Engineering (San Pablo), Bay Pacific Pipelines (Novato), Kolos Engineering, Inc. (San Franciso), K.J. Woods Construction, Inc. (South San Francisco), Ranger Pipelines, Inc. (San Francisco, and W.R. Forde, Inc. (Richmond).

Contractor (in alphabetical order) Contractor Bid Amount APB General Engineering $4,168,000
Bay Pacific Pipelines $2,692,500
Kolos Engineering Inc. $3,547,000
K.J. Woods Construction $5,868,000
Ranger Pipelines Incorporated $4,318,000
W. R. Forde Associates $6,829,275
A panel of City staff and Veolia water representatives evaluated the bids. Bay Pacific Pipelines was selected based on its low bid of $2,692,500 and demonstrated qualifications to perform the work (Attachment 1).

City staff also confirmed that Bay Pacific Pipelines' bid was responsive to the requirements set forth in the RFB. The firm was further evaluated and determined to be a responsible bidder, meeting all applicable licensing, bonding, and performance criteria required under the Public Contract Code.

In addition to the construction contract with Bay Pacific Pipelines, Veolia—under its existing agreement with the City for wastewater system operations—will manage the project and subcontract with the following pre-qualified firms:
 Questa Engineering Corp.: Testing and inspection services ($161,580)  V.W. Housen and Associates: Engineering services during construction ($205,582)
900

August 26, 2025
 J. Majors and Associates: Public outreach services ($50,000) The total project cost is not to exceed $4,715,645, which includes a base construction and professional services cost of $3,627,420 and a 30 percent contingency of $1,088,225. The contingency covers unforeseen field conditions, potential scope adjustments, and includes Veolia’s 16.5 percent program management markup pursuant to their existing agreement with the City. This amount also includes subcontracted services for construction, testing and inspection, engineering services during construction, and public outreach. Funding is available in the Fiscal Year 2025– 26 Wastewater Enterprise Fund, and the not-to-exceed amount ensures the City remains compliant with the Baykeeper Settlement Agreement while managing the risk of unexpected construction-related costs
City staff recommends that the City Council adopt a resolution authorizing the issuance of a Task Authorization to Veolia Water West Operating Services, Inc. for the management and implementation of the Cutting Blvd – Harbour Way South Wet Weather Sanitary Sewer Improvement Project (Attachments 2 and 3).

SYNERGISTIC POLICIES:

Strategic Goal 3.2e – Create New Infrastructure: Implement existing Capital Improvement Projects
DOCUMENTS ATTACHED:

Attachment 1 – Canvass of Bids
Attachment 2 – Resolution
Attachment 3 – Task Authorization with Veolia Water West Operating Services, Inc. for Cutting Blvd – Harbour Way South Wet Weather Project
901
902
Resolution No

RESOLUTION NO. xx-25

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

APPROVING A TASK AUTHORIZATION TO VEOLIA WATER WEST OPERATING SERVICES, INC. FOR THE CUTTING BOULEVARD – HARBOUR WAY SOUTH

SANITARY SEWER WET WEATHER CAPACITY IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $4,715,645
WHEREAS, the City of Richmond’s obligations under the 2018 Baykeeper settlement agreement with the San Francisco Baykeeper requires the City of Richmond (City) to construct several wet weather capacity projects; and WHEREAS, the City Council has previously approved several of these projects which were funded using Wastewater Bonds and/or Wastewater Enterprise Funds; and WHEREAS, these projects are intended to help reduce sanitary sewer overflows and infiltration and inflow (I&I) to the Sanitary Sewer Collection System which flows to the City’s Wastewater Treatment Plant (WWTP); and
WHEREAS, the last of the projects to be completed on the “Wet Weather Improvement List” is the “Cutting Blvd” and “Harbour Way South” Sanitary Sewer Wet Weather Capacity Improvement Project; and
WHEREAS, the “Cutting Blvd-Harbour Way South” Sanitary Sewer Wet Weather Capacity Improvement Project shall install approximately 3,700 lineal feet of new 30-inch diameter relief sewer within Cutting Boulevard and near Harbour Way South; and WHEREAS, on March 3, 2025, the Water Resource Recovery Division of the Public Works Department issued a Request for Bids to Contractors for the “Cutting Blvd – Harbour Way South” Sanitary Sewer Wet Weather Capacity Improvement Project through the City's BidsOnline system; and
WHEREAS, Forty-four (44) firms downloaded the Request for Bids, of which six (6) Contractors submitted Bids on April 8, 2025, (in alphabetical order): APB General Engineering (San Pablo), Bay Pacific Pipelines (Novato), Kolos Engineering, Inc. (San Franciso), K.J.

Woods Construction, Inc. (South San Francisco), Ranger Pipelines, Inc. (San Francisco, and W.R. Forde, Inc. (Richmond); and
WHEREAS, the six (6) contractor bids that the City received were reviewed by City of Richmond and Veolia Water West Operating Services, Inc. Representatives; and WHEREAS, the panel of reviewers accepted the bid of Bay Pacific Pipelines, finding that the team was highly qualified to construct the “Cutting Blvd – Harbour Way South” Sanitary Sewer Wet Weather Capacity Improvement Project; and
WHEREAS, Questa Engineering Corp. is a pre-qualified technical services firm; and WHEREAS, Questa Engineering Corp. submitted an acceptable proposal for testing and inspection services during construction of the project; and WHEREAS, V.W. Housen and Associates, is a pre-qualified engineering design firm; and
WHEREAS, V.W. Housen and Associates submitted an acceptable proposal for the engineering services during construction of the project; and WHEREAS, J. Majors and Associates submitted an acceptable proposal for the public outreach services of the project; and
903
Resolution No

WHEREAS, J. Majors is a pre-qualified Public Outreach Services firm; and WHEREAS, the project team (contractor and testing/inspection) selected was:
 Bay Pacific Pipelines – Contractor
 Questa Engineering - Testing and Inspection Services
 V.W. Housen – Engineering Services During Construction  Veolia and J. Majors - Public Outreach Services
WHEREAS, the total cost of the Cutting Blvd – Harbour Way South Sanitary Sewer Wet Weather Capacity Improvement Project shall not exceed $4,715,645, which includes:
 a base project cost of $3,627,420 (comprising construction, testing and inspection, engineering services during construction, and public outreach); and  a 30% contingency amounting to $1,088,225, which also includes Veolia’s 16.5% program management markup, as authorized under its existing agreement with the City; and
WHEREAS, the Water Resource Recovery Department will issue a project Task Authorization to Veolia and Veolia Water West Operating Services, Inc. to manage the subcontracts with Bay Pacific Pipelines, Questa Engineering Corp, V.W. Housen, and J. Majors; and
WHEREAS, the Cutting Blvd – Harbour Way South Wet Weather Capacity will be funded from the FY 2025-26 Wastewater Enterprise Fund.

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

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

SECTION 2. The City Council authorizes the Director of Public Works, or their designee, to issue a Task Authorization to Veolia Water West Operating Services, Inc. to manage and implement the Cutting Boulevard – Harbour Way South Sanitary Sewer Wet Weather Capacity Improvement Project, including subcontracting for construction, testing and inspection, engineering services during construction, and public outreach services.

SECTION 3. The total project cost shall not exceed $4,715,645, which includes:
 a base project cost of $3,627,420 (comprising construction, testing and inspection, engineering services during construction, and public outreach); and  a 30% contingency of $1,088,225, which includes Veolia’s 16.5% program management markup pursuant to its existing contract with the City.

SECTION 4. The project shall be funded from the FY 2025–26 Wastewater Enterprise Fund (Account No. 40322931-400708-22103).

SECTION 5. This resolution shall take effect immediately upon its passage. ******************
CLERK’S CERTIFICATE
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 X, 2025, by the following vote:
904
Resolution No

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 X, 2025.

Pamela Christian, Clerk of the City of Richmond
905
Date:

VWNA Project #:

Administration
Engineering
Planning
Design X
Construction X Proposed by:

Construction Chandrasekar Venkatraman, Veolia Water West Operating Services Sanitary Sewer X
Storm Sewer Reviewed by:

Sanitary P.S. Mary Phelps, Authorized City Dept. Rep. (PO verification) Storm P.S.

Wastewater Reviewed by:

City of Richmond, Finance Department
Other (specify below)
Approved by:

Daniel Chavarria
City of Richmond, Public Works Director
Approval Date:

Original Line Item Approved Cost: 3,109,932.00 $
Approved Markup/Margin 513,138.78 $
Previously Authorized Amount: $0.00 Total Authorized Amt.: 3,623,070.78 $ Scope of Services
Cutting Blvd. & Harbour Way Sewer Relief Veolia Markup
Veolia C.O.

Markup
Bids/Estim. SUBTOTAL 16.50% 9.00% TOTAL
Bay Pacific Pipelines 2,692,500 2,692,500 444,263 3,136,763 V.W.Housen - ESDC 205,852 205,852 33,966 239,818
Questa - Testing 161,580 161,580 26,661 188,241
Add'l Costs for public outreach 50,000 50,000 8,250 58,250 TOTAL 3,109,932 3,109,932 513,139 - 3,623,070.78
Attachments
Copy of Contractor's Bid
V.W. Housen and Associates ESDC
Questa Proposal
TASK

AUTHORIZATION
Cutting Blvd. and Harbour Way South Sewer Relief
June 27, 2025
Activity Classification
(Check applicable)
RE.xxxx
This project was borne out of a sanitary sewer capacity issue. The corridor within Cutting Boulevard between S. 23rd Street and Harbour Way South in the City of Richmond has been problematic in the past and a cause for sanitary sewer overflows (SSOs) due to insufficient capacity. This issue was identified in the 2019 Master Plan, and addressing it is part of the Baykeeper Agreement. This project is meant to provide relief to the existing infrastructure and potentially mitigate SSOs in the area. The relief sewer will divert surcharged flow at upstream manhole G11MH1244 during peak wet weather flow events.

The diversion was designed to maintain flow within the existing sewer pipeline during dry weather and less severe wet weather events. This Task Authorization (TA) describes services required for the following pipeline upgrades within Cutting Boulevard between S. 23rd Street and Harbour Way South:
• Approximately 3,700 lineal feet of new 30-inch diameter relief sewer within Cutting Boulevard installed via open cut trench along with post-construction CCTV of the new pipeline.
• Construction of new and modification of existing sanitary sewer manholes along with backfill and compaction. • Cleaning and CCTV of the existing 24-inch interceptor using NASSCO PACP and pavement reconstruction.

The City advertised this project on PlanetBids on 03/03/2025; (6) bids were received on 04/08/2025. All bids have been evaluated by the City and Veolia.

The lowest responsive bidder is Bay Pacific Pipelines. Additionally, the project's Engineer of Record, V.W. Housen & Associates, will provide Engineering Services During Construction (ESDC). The City's preferred and approved vendor, Questa Engineering Corp., will perform testing services on the project.

Bay Pacific Pipelines bid, V.W. Housen & Associate's proposal, and Questa's proposal are attached with their respective amounts provided below. A placeholder amount for public outreach in the amount of $50k is also included in this TA. The total authority requested is $3,623,070.78, which includes a

16.5% Veolia markup.

Pursuant to Section 11.6 of the Agreement between the City and Veolia, interest will accrue on amounts not paid within 30 days of the issuance of an invoice from Veolia to the City.
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1777 N. California Blvd. Ste. 200 Walnut Creek, CA 94596 (925) 553-3142 www.housenassociates.com April 8, 2025
Mr. Akash Vijay
Veolia Water
601 Canal Blvd.

Richmond, CA 94804
Subject: Request for Budget Augmentation for Cutting and Harbour Way Relief Sewer Project Design and Engineering Services During Construction
Dear Mr. Vijay:

On May 22, 2022, V. W. Housen & Associates (VWHA) submitted a proposal for support for various tasks in support of Master Plan implementation. This proposal included $62,268 for survey and utility research for the Cutting and Harbour Way Relief Sewer project. On August 22, 2023, we submitted a second proposal for the remainder of the design tasks needed to produce bid-ready documents for the Cutting and Harbour Way project. The estimated 2023 design cost was $223,956, for a total proposed design fee of $286,224.

During the project, several items increased the design cost by $70,000, for a total design cost of $356,224.

This amount remains less than 5 percent of the estimated construction cost. The additional costs involved the following:
1) Elevated expenses for survey and geotechnical subconsultants 2) Additional potholing to locate an EBMUD water crossing, and to coordinate with a concurrent water pipeline project in process by EBMUD
3) Design changes required to accommodate new information about the crossing water line In addition, the 2023 proposal included $44,784 for engineering services during construction (ESDC). We have estimated a new cost of $180,636 for ESDC and as-built drawings as shown in Table 1. This revised estimate requires a budget augmentation of $135,852. The cost for ESDC and as-built drawings is 2.4 percent of the estimated construction cost.

In total, we respectfully request a budget augmentation to the 2023 Cutting and Harbour Way design fee of $205,852, for a total project cost of $474,592 as shown in Table 2.

Thank you for your consideration. Please let me know if you have questions or need additional information.

Sincerely,
V. W. Housen & Associates
Vivian Housen, P.E.

Principal
956
Proposal for Budget Augmentation
Cutting and Harbour Blvd Relief Sewer Design

Table 1. Revised Estimate for Engineering Services During Construction 957
Proposal for Budget Augmentation
Cutting and Harbour Way Relief Sewer Design
4/8/2025

Table 2. Budget Augmentation Request by Task
TASK DESCRIPTION Original Budget Requested
Augmentation Revised Budget
1 - Project Management $19,424 $5,980 $25,404
3 -Geotechnical Investigation $35,072 $0 $35,072
4 - Review Background/Hydraulic Model/Utility
Information $59,312 $0 $59,312
5 - Prepare Design Documents $101,132 $70,000 $171,132
6 - Bid Service and Conformed Drawings $9,016 $0 $9,016 T0TAL DESIGN AND BID PERIOD SERVICES $223,956 $75,980 $299,936 7 - Engineering Services During Construction $37,840 $126,704 $164,544 8 - As-Built Drawings $6,944 $3,168 $10,112
T0TAL CONSTRUCTION PERIOD SERVICES $44,784 $129,872 $174,656 TOTAL REQUESTED BUDGET AUGMENTATION $205,852
958
959
960
961
962
TABLE 1. COST ESTIMATE
Personnel N. Hantzsche, PE W. Hopkins, CEG M. Feliciano, EIT M. Fisher Questa Staff AME Staff Title Managing Engineer Project Manager Field Engineer/Sr.

Contruction Inspector
Staff Geologist/
Construction Inspector
Field Technician HMA Special
Inspector
Hourly Rate $240 $210 $145 $125 $100 $135
Task 1. Project Management, Data
review, QA/QC
0 48 4 0 0 0
Task 2. Field Density Testing/Trench
Backfill Compaction Testing
0 0 220 300 100 0
Task 3. Hot Mix Asphalt Concrete
Testing/Concrete testing
0 0 40 24 10 64
Task 4. Meetings, as requred 0 16 4 0 0 0
Task 5. Field Daily Reports, Progress
Reports, Final Report
2 46 48 48 8 0
TOTAL HOURS 2 110 316 372 118 64
TOTAL COST/PERSON $480 $23,100 $45,820 $46,500 $11,800 $8,640 Total Labor
EXPENSES:

Field Test Equipment (Nuclear
Gauge)
$4,000
Laboratory Soils Testing $9,600
Concrete Testing $8,360
Reproduction $100
Communication $50
Vehicle/Mileage $3,000
Miscellaneous $130
TOTAL EXPENSES $25,240
COST ESTIMATE $161,580
ref: 2500017_costestimate_Cutting-Harbour-Sewer
$136,340
Questa Engineering Corporation - Inspection Services During Construction Cutting Blvd-Harbour Way Sewer
963
1220 Brickyard Cove, #206, Pt. Richmond, CA 94801 T: (510) 236-6114 E: [email protected]

SCHEDULE OF FEES
(2025)
LABOR0F

Principals $225.00 – 250.00
Senior Professional 210.00 – 225.00
Professional 175.00 – 195.00
Associate Professional 148.00 – 170.00
Technical Staff/Drafting/GIS 100.00 – 145.00
Field Staff 80.00 – 125.00
Administrative Staff 120.00 – 135.00

TRAVEL TIME
Travel time is charged at regular hourly rates.

DIRECT COSTS
All reimbursable, "out-of-pocket" expenses, not included in hourly labor rates, are billed as incurred at cost plus 10 percent. In-house charges, company equipment rental, and field supplies will be charged as used in accordance with the Schedule of Fees.

TERMS
Terms: Due and payable upon receipt. A 1.0% per month (12% per annum) late fee will be charged on all overdue balances. Current billings represent charges accrued through the last day of the indicated billing period. Unless marked as a “Final Invoice,” subsequent charges may be pending and will be billed in the following month.

FEE CHANGES
Questa's labor rates are adjusted annually in February.

See reverse.
 Legal. In the event our services are required in connection with legal proceedings, our fees will be 200% of the above-listed labor rates, with a two hour minimum for: testimony (court or deposition).

Preparation of opinions or report letters, meetings or telephone consultations with attorneys, preparation for testimony, and travel to and from the place of testimony, including waiting, will be billed at standard hourly rates listed above. Time away from Questa's Point Richmond office will be billed on a "portal to portal" basis.
964

SCHEDULE OF FEES
(2025)

IN-HOUSE CHARGES
Reproduction Black & White
Letter, Legal, Tabloid, Oversize $ .15/.25/.50/.60
Reproduction
Letter, Legal, Tabloid, Oversize .30/.40/1.00/1.15
Plots Black & White
18 x 27, 24 x 36 2.00/2.40
Plots Color
18 x 27, 24 x 36 3.75/4.80
Tolls (at cost)
Postage (at cost)
Vehicles ($22 per day, plus mileage)
Mileage Current IRS Mileage Rate

SUPPLIES & MATERIALS
Triggs Lost Points $ 15.00 per point
Disposable Bailers 6.50 per bailer
Monitoring Well Supplies 18.50 per well
On-Site Monitoring Supplies 10.00 per visit
Brass/SS Sample Tubes 6” 9.00 per tube
Percolation Testing Materials 12.00 per test
Concrete Cylinder Molds 5.00 per cylinder
Shelly Tubes 12” 15.00 per tube
Prices may vary depending upon inventory stocks and supplier costs.

EQUIPMENT RENTALS
Nuclear Density Gauge (Day, Week) $ 100.00/400.00
Triggs Dynamic Cone Penetrometer 300.00 per day
Triggs Stork Power Hammer 200.00 per day
IR Thermometer 20.00 per day
Hand Sampling Equipment 50.00 per day
Surveying Equipment 75.00 per day
Concrete Test Kit ....................................................................................................................... 50.00 per day

LABORATORY FEES
Moisture Content - Oven (ASTM D 2216) $ 25.00
Moisture And Density (ASTM D 2937) 30.00
Sand Cone Tests 100.00
Wash through #200 Sieve (ASTM D 1140) 75.00
Sieve Only with #200 wash 150.00
Hydrometer 150.00
Shrinkage Limit 150.00
Atterberg Limits (ASTM D 4318) 200.00
Particle Size (ASTM D 422) 150.00
Sieve and Hydrometer (ASTM D422 full) 250.00
Soil Classification (ASTM 2487) 350.00
Sand Equivalent (Cal Test 217) 250.00
Caltrans Sieve Analysis of Fine and Coarse Aggregates (Cal Test 202) 250.00 Standard Proctor Compaction 4" Mold (ASTM D 698) 300.00 Standard Proctor Compaction 6" Mold (ASTM D 698) 350.00 Modified Compaction 4" Mold (ASTM D 1557) 325.00
Modified Compaction 6" Mold (ASTM D 1557) 400.00
Compaction Check Point (per point) 150.00
Concrete Cylinder Strength Testing (per set) 600.00
965
HORLY INSPECTION RATES 2024 2025 2026
1 Reinforced & PT Concrete $118.00 $122.00 $126.00
2 Shotcrete $118.00 $122.00 $126.00
3 High Strength Grout $118.00 $122.00 $126.00
4 Structural Masonry $118.00 $122.00 $126.00
5 Structural Steel $118.00 $122.00 $126.00
6 Wood or Metal Framing $118.00 $122.00 $126.00
7 Anchor/Dowel Testing $118.00 $122.00 $126.00
8 Fireproofing $118.00 $122.00 $126.00
9 FRP Application $118.00 $122.00 $126.00
10 Compaction Testing/Sampling (Soils, Aggregate or HMA) $118.00 $122.00 $126.00 UNIT TEST COSTS Per Set
2024 2025 2026
1 Concrete Cylinders, per set of 5 $450.00 $475.00 $500.00 2 PT Concrete Cylinders, per set 6 $480.00 $505.00 $535.00 3 Shotcrete cores for Nozzleman Qualifications, per set of 3* QOR QOR QOR 4 Shotcrete Cores,production, per set of 3 $500.00 $525.00 $555.00 5 Masonry Mortar, per set o 3 $350.00 $370.00 $390.00
6 Masonry Grout, per set of 3 $400.00 $420.00 $445.00
7 Masonry Composite Prisms, per set 3 $900.00 $945.00 $995.00 8 High Strength Grout, per set 6 $420.00 $445.00 $470.00 9 Reinforcing Steel Tensile Test (up to #10), each $175.00 $185.00 $195.00 10 Reinforcing Steel Tensile Test (#11 & #14), each $275.00 $290.00 $305.00 11 Reinforcing Steel Bend Test (up to #10), each $175.00 $185.00 $195.00 12 Reinforcing Steel Bend Test (#11, #14), each $275.00 $290.00 $305.00 13 Splice (CTM 670) (up to #10), each $400.00 $420.00 $445.00 14 Splice (CTM 670) (#11, #14), each $650.00 $685.00 $720.00 15 PT Strand Tensile, each $485.00 $510.00 $540.00
16 High Strength Bolt Tensile Properties, per set of 3 $450.00 $475.00 $500.00 17 High Strength Nut Hardness & Proof Load, per set of 3 $450.00 $475.00 $500.00 18 High Strength Washer Hardness & Proof Load, per set of 3 $450.00 $475.00 $500.00 19 FRP Tensile Properties ASTM D3039, per board $750.00 $790.00 $830.00 20 FRP Bond Strength ASTM D7522, each $750.00 $790.00 $830.00 21 Fireproofing Density, each $150.00 $160.00 $170.00
22 Fireproofing Bond Strength, each $750.00 $790.00 $830.00

SPECIAL INSPECTION DISCIPLINES
* for walls up to 12" thick with nominal reinforcing upto # 8 in size. Extra fees will be applicable for larger bars and for boundary conditions.

The following hourly inspection rates are per State and Federal prevailing wage requirements and will be maintained until September 1, 2026.

BILLING RATES
966
2024 2025 2026
1 Sieve Analysis, each $280.00 $295.00 $310.00
2 Sand Equivalent, each $165.00 $175.00 $185.00
3 Cleanness Value, each $340.00 $360.00 $380.00
4 Moisture Content, each $60.00 $65.00 $70.00
5 Moisture Density Curve/Cal Impact, each $600.00 $630.00 $665.00 6 Perecent Crushed Particle, each $290.00 $305.00 $325.00 7 Flat & Elongated Particles, each $290.00 $305.00 $325.00 8 Durability Index $375.00 $395.00 $415.00
9 Atterberg Limits, each $350.00 $370.00 $390.00
10 R-value, each $605.00 $640.00 $675.00
11 Stabilometer Value - field sample, per set of 3 $650.00 $685.00 $720.00 12 Hveem Compaction, per set of 3 $450.00 $475.00 $500.00 13 Theoretical Maximum Density, each $290.00 $305.00 $325.00 14 Asphalt Content, each $330.00 $350.00 $370.00
15 Asphalt Content- Calibration Factor, each $850.00 $895.00 $940.00 16 HMA Air Voids, each $80.00 $85.00 $90.00
17 HMA Bulk Specific Gravity, each $125.00 $135.00 $145.00 18 Hamburg Wheel Tracker, each $2,000.00 $2,100.00 $2,205.00 19 HMA Tensile Strength Ratio, each $2,500.00 $2,625.00 $2,760.00 20 LA Abrasion, each $800.00 $840.00 $885.00
21 Fine Angularity, each $290.00 $305.00 $325.00
22 Void in Mineral Aggregate, each $290.00 $305.00 $325.00 23 Dust Proportions, each $280.00 $295.00 $310.00
24 Superpave Production, each $4,500.00 $4,725.00 $4,965.00 25 Superpave JMF Verfication or Startup, each $7,800.00 $8,190.00 $8,600.00 26 Marshall Compaction, set of 3 $750.00 $790.00 $830.00 27 Marshall Stability, set of 3 $450.00 $475.00 $500.00 OTHER COSTS 2024 2025 2026
1 Project Administration, per hour $75.00 $80.00 $85.00 2 Project Management, per hour $225.00 $240.00 $255.00
3 Principal, per hour $275.00 $290.00 $305.00
4 Final Affidavit, each $400.00 $420.00 $445.00
6 Mix Deisgn or WPS Reviews, each $195.00 $205.00 $220.00

BASIS OF CHARGES
Minimum charge per call-out, (show-up, 2hrs): 4 Hours
Work from 4-8 hours: Actual Time
Travel to job site: No Charge
Out of Area Mileage: $0.75/mile
Parking: To be provided
Work over 8 hours per day, or on Saturday, per hour Time & One Half Work on Sundays and Holidays, per hour Double Time
Night Differential, per hour Time & One Half

SOILS & ASPHALT
967

August 26, 2025
Public Works
DATE: August 26, 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
Mary Phelps, Water Resource Division Manager
SUBJECT: Resolution Approving the Operating Agreement with West County Wastewater for Joint Biosolids Treatment
and Cost Allocation
FINANCIAL IMPACT: The City’s share of the annual cost for biosolids treatment under the Operating Agreement is $1,743,259
for Fiscal Year 2025–26. This includes Richmond’s 40%
share of capital costs, operations and maintenance, and disposal associated with the new biosolids treatment
process at the West County Wastewater facility. Future
costs will be adjusted annually based on the Consumer
Price Index and actual treatment costs. Funded from the Wastewater Enterprise Fund (Account String: 40322731-
400202).

PREVIOUS COUNCIL
ACTION:

December 17, 2024

STATEMENT OF THE
ISSUE:

The City must enter into a new Operating Agreement with West County Wastewater (WCW) to ensure continued
treatment of biosolids generated at the Richmond
Wastewater Treatment Plant, following the termination of the existing lease for use of WCW’s sludge lagoons. The proposed agreement outlines the long-term cost-sharing, operational responsibilities, and use of WCW’s new
biosolids treatment facilities.

AGENDA
REPORT
968

August 26, 2025
RECOMMENDED ACTION: ADOPT a resolution approving the Operating Agreement between West County Wastewater (WCW) and the City
of Richmond for the treatment of biosolids generated at the Richmond Wastewater Treatment Plant and for the
allocation of associated capital, operations, and disposal costs - Public Works (Mary Phelps 510-621-1269/Robert
Armijo 510-620-5477).

DISCUSSION:

Background
West County Wastewater (WCW) operates the West County Wastewater District Treatment Plant in North Richmond, California (the “WCW Treatment Plant”). The City operates the Richmond Municipal Sewer District (RMSD) Water Pollution Control Plant (the “Richmond Plant”) at Point Richmond. The two plants separately treat wastewater, but some elements of the treatment processes are connected. WCW sends treated wastewater effluent to the Richmond Plant for dechlorination and ocean discharge, and the City sends anaerobically digested sludge from the Richmond Plant to the WCW Treatment Plant for treatment and disposal via an approximately five-mile 6” sludge pipeline that is owned and operated by the City.

Biosolids Handling and Lease Termination
The City entered into a Ground Lease Agreement (“Lease”) with WCW in June 2010 to send biosolids (via pipeline) to WCW’s East Site Sludge Lagoons for treatment and disposal (Attachment 3). That lease was amended in 2017 with an option to renew for an additional term (Attachment 4). A letter was sent to WCW on June 4, 2020, requesting an extension of the Lease for an additional five (5) years. Richmond City Council adopted the extension of the Lease via Resolution 61-20 on June 16, 2020 (Attachments 5 and 6).

The Lease was set to expire on December 31, 2025, unless one or both parties notified the other party of the intent to terminate the lease earlier. West County Wastewater sent the City of Richmond a Lease Termination Letter on August 28, 2023, with their intent to terminate the lease with the City of Richmond effective December 31, 2024 (Attachment 7).

Currently, WCW processes the City of Richmond's sludge byproduct, including digestion and clarification, at WCW’s biosolids ponds. WCW has developed a new biosolids treatment process that will replace the use of the East Site Sludge Lagoons as of August 1, 2025.

Transition to Operating Agreements
Over the past six months, RMSD and WCW staff have been working closely to negotiate the terms and conditions of the Biosolids Processing Operating Agreement 969

August 26, 2025
(“Operating Agreement”) to replace the expiring lease and support the new treatment process. The cost terms of the Operating Agreement are based on the results of the Carollo Biosolids Treatment Cost of Service Analysis (Attachment 8).

The terms (as agreed by both parties) of the Operating Agreement provide for the capital costs, continued operation, maintenance, and joint use of the WCW assets associated with biosolids processing.

The projected annual cost allocations for Fiscal Year 2025-26 are summarized in the table below:
2025 Costs Organized by Agency WCW City of
Richmond
Proportion of Total Costs (%) 60% 40%
Capital Cost ($/yr) $ 668,644 $ 445,763
O&M Cost ($/yr) $ 764,532 $ 509,688
Disposal/End-Use Cost ($/yr) $1,125,441 $ 787,809
Total $2,558,617 $1,743,259
These costs will increase annually based on the Consumer Price Index (CPI), and any increased operation and maintenance costs associated with the processing of biosolids, as further detailed in the Operating Agreement.

City staff is requesting that the City Council adopt the resolution approving the Operating Agreement between the City of Richmond and West County Wastewater (Attachments 1 and 2).

The fees payable under the Operating Agreement are included in the fiscal year 2025- 26 Wastewater Budget.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution – Biosolids Operating Agreement Attachment 2 – Biosolids Operating Agreement Final
Attachment 3 – Ground Lease Agreement – June 2010
Attachment 4 – Ground Lease Agreement– Amendment 1
Attachment 5 – Resolution 61-20 Ground Lease Amendment 1 Attachment 6 – Ground Lease Agreement – Letter of Intent – Extension Request Attachment 7 – Lease Termination Notice – August 2023
Attachment 8 – Biosolids Treatment Cost Plan
970
RESOLUTION NO. xx-25

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

CALIFORNIA APPROVING THE OPERATING AGREEMENT BETWEEN WEST

COUNTY WASTEWATER (WCW) AND THE CITY OF RICHMOND (CITY)

REGARDING THE CAPITAL COST AND ONGOING TREATMENT OF BIOSOLIDS

GENERATED AT THE RICHMOND WASTEWATER TREATMENT PLANT
WHEREAS, West County Wastewater District ("WCW"), the City of Richmond ("City"), and the Richmond Municipal Sewer District ("RMSD") were members of the West County Agency (“WCA” or the “JPA”), a Joint Powers Authority established pursuant to Government Code Section 6500 et. seq.( the “Joint Exercise of Powers Act”); and WHEREAS, the Joint Exercise of Powers Act outlines the procedures and requirements for the creation, operation, and dissolution of joint powers authorities; and WHEREAS, the WCA was formed by the West County Agency Joint Exercise of Powers Agreement (the "JPA Agreement"), executed on February 15, 1977; amended on August 11, 1981; amended and restated on June 15, 1984; and further amended on April 2, 1990, November 23, 1992, December 21, 1993, August 6, 1996, and July 21, 2020. The Parties executed an Amended and Restated Joint Powers Agreement on June 20, 2024; and WHEREAS, Government Code Section 6510 provides that a joint powers agreement may be continued for a definite term or continued until rescinded or terminated; and WHEREAS, section 20.1 of the JPA Agreement, as restated on June 20, 2024, provides that upon termination of the JPA, “the assets of the Agency will be divided among the [parties] in a manner that is equitable and consistent with the use and operation of the Facilities and in compliance with discharge permit requirements”; and
WHEREAS, upon dissolution of the Agency, the Parties will mutually determine ownership of the Facilities and may enter into joint use or operating agreements to share costs and liabilities associated with continued joint use of any facility; and WHEREAS, in June of 2023, the WCA Board voted to pursue dissolution of the JPA; and
WHEREAS, effective December 31, 2024, the JPA members terminated the JPA Agreement and dissolved WCA; and
WHEREAS, as part of the termination of the JPA Agreement and dissolution of the JPA, WCA committed to assign to the City or to WCW all of the JPA contracts, all of the real property interests including fixtures/equipment owned by the JPA, and all personal property (including money and assets) owned by the JPA, as further described in the Dissolution Agreement; and WHEREAS, the Dissolution Agreement provides that the Parties intend enter into an operating agreement (the “Operating Agreement”), which provides for the continued operation, 971
maintenance, and joint use of the shared biosolids treatment assets as further described in the Operating Agreement; and
WHEREAS, staff from the City and WCW Staff have met consistently since executing the Dissolution Agreement to agree on the terms of the “Operating Agreement” for biosolids treatment and cost sharing; and
WHEREAS, both parties have resolved the terms of the Operating Agreements, including the determination of annual fees associated regarding West County Wastewater’s treatment of the City of Richmond’s Biosolids; and
WHEREAS, WCW and the City will share the capital cost of the Treatment Facilities, amortized over 20 years. WCW will be responsible for 60% and the City will be responsible for 40% of the Capital Costs; and
WHEREAS, WCW will be responsible for 60% and the City will be responsible for 40% of the O&M Costs, as described in the Cost Estimate and Cost of Service Analysis; and WHEREAS, on or before April 1 of each year, WCW will submit to the City a budget for the upcoming fiscal year, outlining the City’s share of the Joint Expenses; and WHEREAS, the City will budget accordingly each fiscal year for the expenses as outlined in the budget as agreed upon by both WCW and RMSD; and WHEREAS, WCW and the City will meet and confer on the estimated costs in the event of any disputes; and
WHEREAS, WCW will invoice the City by July 15th of each year for the annual payment; and
WHEREAS, the City will pay the invoice within 30 days.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby confirms that all the above recitals are hereby found to be true and correct and incorporated herein.

BE IT FURTHER RESOLVED, that the City Council of the City of Richmond hereby approves the Operating Agreements between the City and WCW as attached.

BE IT FURTHER RESOLVED, the Mayor of the City of Richmond is authorized to execute the Operating Agreement on behalf of the City of Richmond, in a form approved by the City of Richmond’s City Attorney’s Office, including any necessary non-substantive revisions.

BE IT FURTHER RESOLVED, the City Manager, or designee, is authorized to take such additional actions as the City Manager determines to be necessary to implement the Operating Agreement consistent with this Resolution.
*********************
972
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 26, 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
973
21483017.9
Operating Agreement
(Biosolids Processing)
This Operating Agreement (“Agreement”) is effective as of ___________, 2025 (“Effective Date”) and is between the West County Wastewater District, a sanitary district organized and existing pursuant to the provisions of California Health and Safety Code Sections 6400 et seq. (“WCW”), and the City of Richmond, a municipal corporation (“City”). WCW and Richmond are each referred to as a “Party,” and together as the “Parties.” A. WCW operates the West County Wastewater District Treatment Plant in North Richmond, California (the “WCW Treatment Plant”). The City operates the Richmond Municipal Sewer District Water Pollution Control Plant (the “Richmond Plant”) at Point Richmond. The two plants separately treat wastewater but some elements of the treatment processes are connected; WCW sends treated wastewater effluent to the Richmond Plant for dechlorination and ocean discharge, and the City sends anaerobically digested sludge from the Richmond Plant to the WCW Treatment Plant for treatment and disposal via an approximately five-mile 6” sludge pipeline that is owned and operated by the City.

B. The original solids train consisted of Dissolved Air Flotation (DAF) Thickeners for Waste Activated Sludge, primary sludge pumps for primary clarifier underflow, and anaerobic digesters, with the digested sludge sent to sludge drying beds. The City has sent digested sludge from the Richmond Plant to dedicated sludge drying beds at the WCW Treatment plant pursuant to a Lease Agreement dated January 1, 2010, and amended on January 1, 2017, and January 1, 2025, which provides for the City’s lease of certain property at the WCW Treatment Plant known as the East Site Sludge Lagoons.

C. WCW has developed a new biosolids treatment process that will no longer necessitate the use of the East Site Sludge Lagoons as of approximately August 1, 2025.

D. Under the new treatment process, the DAF Thickeners have been replaced by Rotary Drum Thickeners. The digested sludge streams from the City and WCW will be blended and mixed in tanks 103 and 104 before being dewatered using centrifuges and finally dried to about 80% solids processing through a thermal dryer. The resulting Class A or Class B biosolids will be hauled offsite for landfill disposal or, as available, by land application or other method of beneficial end use. The updated system was developed to meet WCW’s treatment requirements as well as achieve energy savings and reductions in greenhouse gas emissions.

E. Continuous and stably digested sludge from the two treatment facilities are key to achieve successful, efficient and steady state biosolids dewatering and drying operations.

Contingencies for preempting and managing possible sludge quality issues, such as reporting requirements, are important for ensuring the operational relationship succeeds. Interruptions in either sludge supply, changes to blending/mixing ratios and/or changes in sludge characteristics can negatively impact processing and the quality of the end product (Class B and ultimately Class A biosolids). This can also have impacts on the biosolids end use.

F. Because the equipment and polymer selected for the dewatering process (Alfa Laval centrifuges) are highly dependent on stable sludge characteristics, the parties must perform compatibility (sometimes referred to as “fingerprinting”) and jar testing of the digested sludge from both the City and WCW treatment facilities. 974
21483017.9
G. The City’s 6” sludge transport pipeline, which allows digested sludge to be sent from the Richmond Plant to WCW Treatment Plant, recently underwent a comprehensive condition assessment. The results of that assessment indicate the pipeline, and its associated vaults and accessories, need rehabilitation. In addition, The City’s two digesters likely will requiring cleaning in the future. The Parties will work to minimize disruptions to the biosolids treatment from these interruptions as provided herein.

H. This Agreement provides the terms and conditions of WCW’s operation of the biosolids treatment process and cost allocation between the Parties, as further described herein.

The Parties therefore agree as follows:

1. Biosolids Treatment Facilities.

1.1 Ownership. The facilities used for processing and treating the combined sludge, regarded as shared assets for purposes of cost allocation, are the blending/storage tanks, the centrifuges, and the thermal dryer (together, the “Treatment Facilities”). Ownership of the Treatment Facilities is vested in WCW.

1.2 City Right to Use. The City shall have a perpetual right to use the Treatment Facilities, and any other facilities necessary for the treatment of its sludge, for the duration and pursuant to the terms of this Agreement.

2. Treatment Facilities Maintenance.

2.1 WCW shall be responsible for operating and maintaining the Treatment Facilities in good repair and according to industry best practices. WCW shall be responsible for performing, or contracting for the performance, of all required inspections, routine maintenance, and repair costs for the Treatment Facilities.

2.2 The Parties shall meet and confer and mutually agree to undertake a permanent (life-extending) repairs to the Treatment Facilities, or make the decision to remove or permanently abandon the Treatment Facilities.

3. Cost Allocation.

3.1 WCW shall account for all costs associated with the Treatment Facilities that are necessary for the treatment and disposal of the combined sludge products, including capital costs, operation and maintenance costs, and disposal costs (“Joint Expenses”). These costs are described and allocated in more detail in the Biosolids and Leachate Treatment Cost of Service and Maintenance Agreements Cost Analysis (the “Cost of Service Analysis”) prepared by Carollo Engineers, Inc. (“Carollo”), attached hereto as Exhibit A and incorporated by reference.

3.2 Capital Costs. WCW and the City will share the capital cost of the Treatment Facilities, amortized over 20 years. WCW will be responsible for 60% and the City will be responsible for 40% of the Capital Costs. The Parties will be responsible for Capital Costs regardless of volume of sludge treatment. Capital costs will be paid by the Parties based on the Cost of Service Analysis and the Biosolids Treatment: Disposal/End-Use Cost Estimate prepared by Carollo (the “Cost Estimate”), attached hereto as Exhibit B. 975
21483017.9

3.3 Operation & Maintenance Costs. Operation and Maintenance (O&M) Costs include the following categories: power; polymer; natural gas; labor; sampling; equipment maintenance. The Parties will be responsible for fixed O&M costs regardless of volume of sludge treatment.

A. WCW will be responsible for 60% and the City will be responsible for 40% of the O&M Costs, as described in the Cost Estimate and Cost of Service Analysis.

3.4 Disposal Costs.

A. WCW and the City will share the actual cost for disposal of the biosolids produced. WCW will be responsible for 60% and the City will be responsible for 40% of the Disposal Costs. WCW will bill the City for its share of actual hauling costs after the initial start-up year, after which Disposal Costs will become part of the City’s budget as outlined in Section 4.

B. If the biosolids are able to be beneficially reused through land application or other purpose, any credits will be applied to the City’s Joint Expenses owed to WCW according to the 60/40 ratio.

4. Joint Expenses Payment Process

4.1 On or before April 1 of each year, WCW will submit to the City a budget for the upcoming fiscal year, outlining the City’s share of the Joint Expenses. WCW and the City will meet and confer on the estimated costs in the event of any disputes.

4.2 WCW will invoice the City by July 15 of each year for the annual payment.

The City will pay the invoice within 30 days.

4.3 WCW will monitor various elements of the Operations and Maintenance categories described in the Cost of Service Analysis and Cost Estimate (power; polymer; natural gas; labor; sampling; equipment maintenance) and the parties may confer if actual costs for these categories are significantly higher or lower than those described in Exhibits A and B, and adjust the annual budgets as necessary.

4.4 If adjustments to the annual budgeted amounts are necessary, WCW will request additional funding from the City to ensure adequate funding of the Joint Expenses.

5. General Provisions
A. During year five of the biosolids operation (beginning August 2029), WCW will look ahead and develop a budget for major repair, maintenance or upgrades needed between years 5 and 10. If non-routine costs are expected to exceed $100,000, the Parties will to meet and confer prior to making the expenditures and timetable for same.

B. If one or both Parties believe an expense should not be considered a Joint Expense, or that expenses should be allocated in a different ratio than provided in this Section, the Parties will meet and confer to resolve the matter.

6. Duties of the Parties.
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6.1 The Parties, including relevant contractors, will meet monthly to discuss the progress of the new treatment process, costs, and any other issues identified by one or both Parties for discussion, until the Parties agree on a change in meeting frequency. These meetings will include the City’s contract operator or plant operations staff.

6.2 The City’s contract operator shall deliver to WCW a monthly report, in a format and containing data as determined by WCW, summarizing digested sludge volume and quality. The City and/or its contractor shall timely respond to requests from WCW regarding sludge monitoring and reporting to ensure the effective operation of the treatment process.

6.3 Absent emergency situations, the City’s contract operator or the City shall make best efforts to deliver to WCW a minimum of 60 days’ advance notice of any interruptions or shut-downs of the City’s 6” sludge line or its digester tanks. The City’s contract operator will work with WCW on a contingency plan for any shut down periods, and provide a tentative schedule for any repair or replacement projects.

6.4 WCW shall share periodic reports relating to treatment costs and Joint Expenses as requested by the City.

6.5 Both Parties shall retain responsibility for their own digested sludge monitoring/sampling as required by the applicable NPDES permit. WCW may, in its sole discretion, require additional monitoring beyond that required in the NPDES permit. The cost of this additional monitoring will be borne by the individual parties (if monitoring only that party’s single waste stream) or a shared cost (if monitoring is for the sludge after it has been blended).

6.6 Both Parties shall maintain records relating to the Treatment Facilities and shall make all records available for review by the other Party upon request.

6.7 Both Parties shall carry adequate insurance to perform all acts and obligations under this Agreement.

7. Remedies

7.1 WCW Remedies. If the City’s digested sludge quality does not meet the requirements of the City’s permits, WCW’s discharge requirements, applicable laws, or otherwise is of a quality that results in the interference of WCW’s treatment process, the Parties will meet and confer to resolve any issues. WCW reserves the right to terminate or suspend treatment of the City’s sludge if quality issues significantly interfere with WCW’s treatment process. The City may be responsible for any additional costs incurred by WCW to accommodate, treat, or dispose of sludge that fails to meet WCW’s treatment criteria, which criteria WCW may set and enforce from time to time in its sole discretion.

7.2 Either Party may perform temporary or emergency repairs to the Treatment Facilities reasonably necessary to prevent harm to the facilities, third parties, or the environment, with prior written notice to the other Party. If time does not permit advanced notice, the Party engaging in the work will provide notice as soon as possible after the emergency situation has abated.

7.3 Third Party Liability. WCW shall require any contractor performing wok on the Treatment Facilities to name the City as an additional insured, and include indemnity and 977
21483017.9
liability provisions protecting Richmond and WCW, as well as their employees, directors, and agents.

8. Indemnity. Each party will indemnify, defend, and hold harmless the other from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind (collectively, “Losses”): (1) to the extent arising out of the indemnifying party’s negligence or willful misconduct in the operation or maintenance of the Treatment Facilities, except to the extent of Losses are caused by the indemnified party’s negligence or willful misconduct; and (2) each Party’s share of any claims that arise while the Party is a co-permittee under the NPDES permit and that are shared liabilities deemed the responsibility of all permittees.

9. Dispute Resolution. In the event of any dispute, the Parties will promptly meet and confer, first at a staff level and then elevated to the Parties’ governing bodies, in a good faith attempt to resolve the dispute. In connection with such negotiations, the Party asserting the dispute must provide the other with a written description of the nature of the dispute, along with reasonable supporting documentation. If a dispute cannot be resolved by the parties independently, they may agree to submit such dispute to non-binding mediation by a mutually agreed-upon neutral third party with offices in the west Contra Costa area. The cost of mediation will be shared equally. In the alternative, a Party may choose to resolve questions or disputes arising under this Agreement through arbitration or judicial determination.

10. Term; Termination.

10.1 This Agreement is effective as of the Effective Date and will continue until terminated.

10.2 Either Party may terminate this Agreement:

A. with twelve (12) months’ prior written notice to the other Party; or B. with thirty (60) days’ written notice in the event of breach, so long as the breach is not cured within thirty (30) days of notice by the non-breaching party.

11. Miscellaneous.

11.1 Integration, Governing Law, Amendment. This Agreement represents the entire understanding of the Parties as to their interests and obligations relating to the Joint Facilities. To the extent that it contradicts or varies from this Agreement, no prior oral or written understanding will be of any force or effect with respect to the matters covered by this Agreement. This Agreement is governed by the laws of the State of California and will be construed as if drafted by all Parties. This Agreement may not be modified except in writing, approved and executed by the Parties.

11.2 Third Parties. This Agreement does not create any third-party beneficiary or any rights in any person or party other than the Parties.

11.3 Signing Authority. Each Party represents and warrants that each person or persons executing this Agreement on its behalf is duly authorized to do so by the respective Party and that this Agreement binds the Parties.
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11.4 Notices. Any written notice required by this Agreement will be made by U.S. mail or by reliable overnight courier and delivered to the following address, together with a courtesy copy by email:

To WCW: West County Wastewater District
2910 Hilltop Drive
Richmond, CA 94806
Attn: General Manager
To the City: City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attn: City Manager
Either party may, by written notice to the other, designate a different address or addressee, which will be substituted immediately for that specified above.

11.5 Severability. If any provision of this Agreement, for any reason, is held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provision of this Agreement, but this Agreement will be construed as if the invalid, illegal, or unenforceable provision had never been set forth herein, and the remainder will be enforceable to the fullest extent permitted by law.

11.6 Successors & Assigns. The terms of this Agreement are binding upon and will inure to the benefit of and be enforceable by the respective successors and assigns of the Parties.

11.7 Counterparts. This Agreement may be executed in counterparts, each of which is an original, but all of which together will constitute one and the same instrument.

The Parties are signing this Agreement as of the Effective Date.

WEST COUNTY WASTEWATER DISTRICT
Dated: ______________________ By:

Name
Title
Approved as to Form:

Hanson Bridgett, LLP
By: ________________________
District Counsel

THE CITY OF RICHMOND
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Dated: ______________________ By:

Name
Title
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EXHIBIT A
Carollo Treatment Cost of Service Analysis
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EXHIBIT B
Cost Allocation Spreadsheet
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EXHIBIT
A
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CITY MANAGER'S OFFICE
June 24, 2020
Lisa Malek-Zadeh, General Manager
West County Wastewater District
2910 Hilltop Dr.

Richmond, CA 94805
Re: Ground Lease Agreement Request for Extension
Dear Ms. Malek-Zadeh:

I am writing to you on behalf of the City to formally request an extension of the Ground Lease also referred to as West County Wastewater District's East Site Sludge Lagoons.

Section 2.2.4 of the Agreement states, " ... upon Tenant providing written notice to Landlord that is received by landlord on or before July 1, 2020 ofTenant's intent to exercise its option to extend the Lease, and upon Tenant 's payment in advance of Annual Rent as set forth in this Subsection 2. 2. 4, Tenant will have the right to use the Property for an additional five (5) year term in accordance with this Lease (the "Fourth Extended Term"). Annual Rent for the Fourth Extended Term shall be paid to Landlord, in advance, on or before the first (1st) day of each Lease year and shall be calculated as follows. "
January 1, 2021 - December 31, 2021: $232,704.00 ($219,532.00 x 1.06 rounded) January 1, 2022 - December 31, 2022: $246,666.00 ($232, 704.00 x 1. 06 rounded) January 1, 2023 - December 31, 2023: $261,466.00 ($246,666.00 x 1.06 rounded) January 1, 2024 - December 31, 2024: $277,154.00 ($261,466.00 x 1.06 rounded) January 1, 2025 - December 31, 2025: $293, 783.00 ($277, 154.00 x 1. 06 rounded) Therefore, allow this letter to serve as official notice from the City to formally request an extension of the current land lease agreement in the terms as stated above.

If you have any questions regarding this request, please contact me directly at (51 0) 621-1275 or via e-mail at Laura [email protected].

Respectfully,
L:aura Snideman
City Manager
Copies: Everett Jenkins, Senior Asst. City Attorney
450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 620-6512 Fax: (510) 620-6542 www.ci.richmond.ca.us 1086 August 28, 2023
City of Richmond
ATTN: Shasa Curl, City Manager
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
sent electronically to:
[email protected];
[email protected];
[email protected]

LEASE TERMINATION NOTICE
Dear Ms. Curl:

This Lease Termination Notice (“Notice”) pertains to the Lease Agreement dated January 1, 2010, and amended on January 1, 2017 (together, the “Lease”) between West County Wastewater District ("Landlord"), and the City of Richmond & Richmond Municipal Sewer District ("Tenant"), whereby Tenant leases certain property owned by Landlord known as the East Site Sludge Lagoons.

On June 24, 2020, Tenant requested an extension of the Lease pursuant to Section 2.2.4 of the Agreement. The Fourth Extended Term, as that term is defined in the Lease, extends through December 31, 2025.

Section 2.3 of the Lease provides that "either Landlord or Tenant may terminate this Lease in their discretion upon one-year written notice to the non-terminating party." Pursuant to Section 2.3 of the Lease, Landlord hereby provides notice to Tenant that the Lease will terminate effective December 31, 2024.

This Notice does not relieve the City of payment of any financial obligation for rent owed until the actual date of termination of the tenancy. 1087
Please contact me directly with any questions at 510-815-4525.

Sincerely,
Andrew Clough
General Manager
CC:

Aaron Winer, WCW - Director of Water Quality and Resource Recovery Nicole Witt, WCW - General Counsel
Mary Phelps, City of Richmond - Project Manager I
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WEST COUNTY AGENCY
Biosolids and Leachate Treatment Cost of Service and Maintenance Agreements Cost Analysis TECHNICAL MEMORANDUM 1
Biosolids Treatment Cost
FINAL / February 2025
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WEST COUNTY AGENCY
Biosolids and Leachate Treatment Cost of Service and Maintenance Agreements Cost Analysis
TECHNICAL MEMORANDUM 1
Biosolids Treatment Cost
FINAL / February 2025
Digitally signed by Christine A. Polo
Contact Info: Carollo Engineers, Inc.

Date: 2025.02.28 09:22:18-08'00'
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BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS i pw://Carollo/CA/WCW/203127-000000/03 Reports and Studies/02 Deliverables/TM01 - Biosolids Treatment Cost/TM01_BiosolidsTreatmentCost.docx Contents
TM 1 BIOSOLIDS TREATMENT COST

1.1 Introduction 1-1

1.2 Existing Biosolids Treatment Facilities 1-2

1.3 Cost Model Methodology 1-3

1.3.1 Capital Costs 1-3

1.3.2 Operation and Maintenance Costs 1-4

1.3.3 End-Use/Disposal Costs 1-8

1.4 Model Results 1-8

1.5 Analytical Monitoring Program 1-10
Tables
Table 1.1 Cost Model Inputs/Assumptions for Capital Costs 1-4 Table 1.2 O&M Unit Costs 1-5
Table 1.3 O&M Unit Cost Escalation Factors 1-5
Table 1.4 Cost Model Inputs/Assumptions for O&M 1-6
Table 1.5 Shared Biosolids Facilities Equipment 1-7
Table 1.6 O&M Escalated Unit Costs 1-9
Table 1.7 Total Cost Estimate Summary 1-9
Table 1.8 Agency Cost Allocation 1-9
Figures
Figure 1.1 Future Biosolids Treatment Process Flow Diagram 1-2 Figure 1.2 Recommended Analytical Sampling Locations 1-10 1091
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BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS ii Abbreviations
BODR Basis of Design Report
City City of Richmond Municipal Sewer District
gal gallon
hp horsepower
hr hour
kWh kilowatt-hour
MMBtu metric million British thermal units
NPDES National Pollutant Discharge Elimination System
O&M operations and maintenance
Project Biosolids and Leachate Treatment Cost of Service and Maintenance Agreements Cost Analysis Project
scfm standard cubic feet per minute
TM technical memorandum
WCA West County Agency
WCW West County Wastewater
WPCP water pollution control plant
WQRRP water quality resource and recovery plant
yr year
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BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS 1-1 TM 1 BIOSOLIDS TREATMENT COST

1.1 Introduction
The West County Agency (WCA) was previously a joint powers authority between the City of Richmond Municipal Sewer District (City) and West County Wastewater (WCW). It was originally established in 1977 to provide more efficient wastewater treatment and sludge disposal for its service areas. Approximately three years ago, the WCA Board voted to dissolve the WCA and move forward with separate operating agreements between the City and WCW. The WCA dissolution officially became effective on January 1, 2025. Since the City and WCW jointly own certain assets and plan to continue shared operational activities in the future, the costs associated with these various activities require equitable allocation based on current and planned operations between the City and WCW. To estimate the costs and appropriate allocation of their operational activities, the City and WCW conducted a Biosolids and Leachate Treatment Cost of Service and Maintenance Agreements Cost Analysis Project (Project).

The assets presented in the following bullets are the WCA joint assets, which are separate components of a single system. That system combines and dechlorinates effluent from both the City’s and WCW’s facilities and conveys it to a point of discharge (i.e., the submarine outfall). According to the joint exercise of powers agreement amended and restated in November 2023, the WCA joint assets include the following:
 Joint dechlorination facility (also known as sodium bisulfite dechlorination facility).  Confluence structure.
 Transmission pipeline from confluence structure to submarine outfall.  Submarine outfall.
 Outfall diffusers.
 Aide-to-navigation marker buoys.
 Cathodic protection system.

In addition to the WCA joint assets, three operational activities were evaluated as part of this Project due to their historical and operational relevance to the City and WCW. These operational activities resulted from agreements outside the WCA between the City, WCW, East Bay Municipal Utility District, and the Republic Services (West County) Landfill. The three operational activities include:
 Biosolids management.
 Landfill leachate treatment.
 Contract lift station operations and maintenance (O&M).

Estimated costs for all activities between the City and WCW were developed and summarized in a series of technical memoranda (TMs) for this Project.

This TM summarizes the future estimated costs for biosolids management. These biosolids management costs include capital costs, O&M costs, and disposal costs for treating and disposing biosolids produced 1093
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BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS 1-2 from both the WCW Water Quality Resource and Recovery Plant (WQRRP) and City of Richmond’s Water Pollution Control Plant (WPCP) using the newly constructed biosolids facilities at the WCW WQRRP.

1.2 Existing Biosolids Treatment Facilities
Figure 1.1 shows the process flow diagram of the future biosolids treatment train at the WCW WQRRP showing the shared process units that will treat both the City’s and WCW’s solids. For many years, sludge drying lagoons were used to store and dry WCW’s anaerobically digested biosolids and the City’s anaerobically digested biosolids sent to the WCW WQRRP via a 5-mile pipeline. However, WCW is currently undergoing the Clean and Green Project, an energy and sustainability project which will upgrade/add WQRRP process units, reduce greenhouse gas emissions, and minimize energy costs. This project will upgrade the WQRRP solids processes from the sludge drying beds to new centrifuges for dewatering and a thermal dryer for producing Class A biosolids.

Figure 1.1 Future Biosolids Treatment Process Flow Diagram Digested biosolids from the City’s WPCP (located at 601 Canal Boulevard) are pumped through an approximately 5-mile pipeline to WCW’s WQRRP (located at 2377 Garden Tract Road). Based on the Clean and Green Project design drawings and Basis of Design Report (BODR), the WCW digested biosolids will be blended with the City’s digested biosolids in two blending/storage tanks. Then the blended biosolids will be conveyed to the centrifuges with polymer injected into the centrifuge feed for optimal dewatering performance. Dewatered biosolids will be dried via a thermal dryer using a combination of natural gas and heat from WCW’s cogeneration combined heat and power system as energy sources. The produced Class A biosolids are to be hauled off site for beneficial use/disposal. 1094
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BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS 1-3 The following facilities will be used for treating and processing the combined or blended biosolids:
 Blending/storage tanks (Tanks 103 and 104) and mixer.  Centrifuges.
 Thermal dryer.
 Associated plumbing and monitoring/control elements.
 Pipeline extension connecting the City’s existing 6-inch sludge line to the blending/storage tanks (to be constructed as part of the Clean and Green Project).  Vehicles and equipment necessary for biosolids handling.

Each of these facilities requires O&M, which will be completed by WCW staff, and the produced Class A biosolids will require a cost for off-site hauling and beneficial use/disposal. Additionally, as identified by WCA, WCW and the City will share the capital cost of these shared components in a 60/40 split (the smaller percentage assigned to the City) amortized over 20 years. The following section describes the cost methodology for estimating these capital costs, O&M costs, and off-site biosolids management costs.

1.3 Cost Model Methodology
A cost model was developed to estimate capital costs, O&M costs, and off-site biosolids management costs for treating and disposing of WCA biosolids with the newly constructed WCW WQRRP biosolids facilities. Costs were estimated based on information provided by WCW and the City of Richmond (i.e., Clean and Green Project design drawings, Clean and Green Project BODR, etc.), available data, and engineering judgment. Also, the O&M and off-site biosolids management costs were escalated for the next 20 years (2025 to 2045) to capture potential market trends based on existing information. The following subsections describe the cost model methodology for estimating the capital, O&M, and off-site biosolids management cost components.

1.3.1 Capital Costs
Since the new solids facilities at the WQRRP will be used to process biosolids from both the WCW WQRRP and Richmond WPCP, WCW and the City have agreed to split the capital cost of the shared components (storage tank improvements, construction of the solids handling building, centrifuges, and belt dryer) 60/40 (WCW/City) amortized over a 20-year period. Equation 1 is a capital recovery equation for calculating the annual payment over a period of time at a fixed interest rate to recover the initial investment of a capital project. Table 1.1 lists the inputs and assumptions which were used to calculate the annual payment for each party.

Equation 1 – Capital Recovery
𝐴𝐴 = 𝑃𝑃 � 𝑖𝑖(1 + 𝑖𝑖)𝑛𝑛
(1 + 𝑖𝑖)𝑛𝑛 − 1
�
Note: A – annuity; P – present value; i – interest rate; n – number of years. 1095
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BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS 1-4 Table 1.1 Cost Model Inputs/Assumptions for Capital Costs Cost Model Input Units Value Reference
Clean and Green Shared Assets Capital Costs
Sludge Centrifugal Dewatering System $ 3,981,725 Provided by WCW.

Sludge Thermal Dryer System $ 11,828,100 Provided by WCW.

Richmond Sludge Piping Upgrade $ 89,683 Provided by WCW.

Blending Tank (Tank 103) Mixing System,
Rehab, Structural Assessment
$ 680,055 Provided by WCW.

Total Capital Costs $ 16,579,563
Calculated Annuity Inputs
Years of Capital Return yr 20 Per project scope.

Interest Rate % 3 Assumed constant over period of capital return.

Calculated Capital Recovery Annuity $/yr 1,114,407 Calculated using Equation 1.

Annuity Distribution
WCW $/yr 668,644 Calculated as 60% of calculated capital recovery annuity.

City of Richmond $/yr 445,763 Calculated as 40% of calculated capital recovery annuity.

Notes:
yr – year.

Based on the information presented in Table 1.1, WCW and the City are responsible for paying approximately $670,000 and $450,000, respectively, every year over a 20-year period to fully recover the initial investment of the shared solids facilities from the Clean and Green Project.

1.3.2 Operation and Maintenance Costs
The sludge blending/storage tanks, centrifuges, and thermal dryer all require O&M. Unit costs were used in combination with cost model inputs and assumptions (i.e., operating schedules, polymer usage, sampling frequency, etc.) to estimate the annual O&M costs for the next 20 years.

1.3.2.1 Unit Costs
The O&M costs for treating WCW’s and the City’s biosolids and maintaining WCW’s solids facility equipment include the following categories:
 Electric power.
 Polymer.
 Natural gas.
 Labor.
 Sampling.
 Equipment maintenance.
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BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS 1-5 Table 1.2 shows the unit cost for these cost categories which were used to estimate the O&M costs.

Table 1.2 O&M Unit Costs
O&M Cost Item Units Cost (2024 dollars)
Electricity(1) $/kWh 0.26
Polymer(2) $/gal 5.00
Natural Gas(3) $/MMBtu 4.00
Labor – Operations(4) $/hr 60.00
Sampling(5) $/sample 50.00
Notes:
gal – gallon; kWh – kilowatt-hour; hr – hour; MMBtu – metric million British thermal units. (1) Unit cost is based on California average industrial customer rate per kWh in July 2024 (https://www.eia.gov/electricity/monthly/epm_table_grapher.php?t=epmt_5_6_a). (2) Placeholder to be confirmed/edited by WCA.
(3) Placeholder to be confirmed/edited by WCA. Current value is based on information from United States Energy Information Administration (https://www.eia.gov/naturalgas/weekly/; https://www.eia.gov/todayinenergy/detail.php?id=61644). (4) Placeholder to be confirmed/edited by WCA. Current value is the hourly rate from the WCW Wage Schedule (July 2023 to June 2024) based on Plant Operator/Maintenance Technician. (5) Placeholder until sampling protocol/future monitoring program at WCW WQRRP is determined.

An equipment maintenance cost was also included in the cost model, which was assumed to be 5 percent of the equipment costs. For estimating 20 years of O&M costs, these unit prices were escalated annually by the escalation factors presented in Table 1.3.

Table 1.3 O&M Unit Cost Escalation Factors
O&M Cost Item Units Escalation Factors
Electricity(1) % 10 until 2027; 3
Polymer(2) % 3
Natural Gas(2) % 3
Labor – Operations(3) % 4
Sampling(4) % 3
Equipment Maintenance(2) % 3
Notes:
(1) California electricity rates have been volatile with high escalation rates in the last three years. Recent information suggests continued high escalation rates in the San Francisco Bay Area until 2027 (https://www.siliconvalley.com/2024/07/24/pgeelectric-gas-bill-consumer-utility-power-economy-south-bay-oakland). The California annual average (3 percent) escalation from the last 10 years is assumed for the remaining years (https://www.eia.gov/todayinenergy/detail.php?id=63064). (2) Typical escalation factor.
(3) Labor rate escalation has been trending between 4 to 5 percent within the last five years (https://tradingeconomics.com/united-states/wage-growth). (4) Placeholder to be confirmed by WCA.

The unit costs shown in Table 1.2 and the escalation factors in Table 1.3 were used to calculate annual unit costs, as shown in Table 1.6, which were incorporated into the cost model. 1097
TM 1 – BIOSOLIDS TREATMENT COST
FEBRUARY 2025 / FINAL / CAROLLO

WEST COUNTY AGENCY
BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS 1-6

1.3.2.2 Cost Model Inputs and Assumptions
The O&M costs were estimated based on the assumptions listed in Table 1.4 and the installed horsepower (hp) for duty units listed in Table 1.5. These assumptions and inputs were used with the unit costs in Table 1.2 to generate the estimated O&M costs.

Table 1.4 Cost Model Inputs/Assumptions for O&M
Cost Model Input Units Value Notes/Reference
Sludge Holding Tanks
Operating hours per day hr/day 24 Assumes sludge holding tank(s) and its ancillary equipment operate continuously.

Operating days per year day/yr 312 Assumes operating schedule is similar to centrifuges and thermal dryer (six days per week per BODR).

Labor – operations hr/day/unit 1 Typical.

Centrifuge Dewatering System
Operating hours per day hr/day 24 Per Section 9.3 of BODR.

Operating days per year day/yr 312 Approximately six days per week per Section 9.3 of BODR.

Labor – operations hr/day/unit 3 Typical.

Thermal Dryer System
Operating hours per day hr/day 24 Assumes thermal dryer system and its ancillary equipment operate continuously.

Operating days per year day/yr 312 Approximately six days per week per Section 11.4 of BODR.

Labor – operations hr/day/unit 3 Typical.

Polymer System (for Centrifuges)
Polymer feed to centrifuge gal/hr 7 Per material balance in Section 9.5 of BODR (stream 23). Emulsion polymer is stored in 300-gal
tote bins per BODR.

Operating hours per day hr/day 24 Assumes same operating schedule as centrifuges.

Operating days per year day/yr 312 Assumes same operating schedule as centrifuges.

Heat Supply for Thermal Dryer
Operating hours per day hr/day 24 Assumes same operating schedule as thermal dryer.

Operating days per year day/yr 312 Assumes same operating schedule as thermal dryer.

Average amount of water evaporated per
day
tons of
water/day
40 Per Section 11.5 of BODR.

Natural gas to dryer scfm 59 Per material balance in BODR (stream 29). Natural gas needed to evaporate water.

Burner air from cogen heat recovery to
dryer
scfm 676 Per material balance in BODR (stream 30). This item will be a credit to WCW for using cogeneration
system.
1098
TM 1 – BIOSOLIDS TREATMENT COST
FEBRUARY 2025 / FINAL / CAROLLO

WEST COUNTY AGENCY
BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS 1-7 Cost Model Input Units Value Notes/Reference
Dryer energy requirement (average
conditions)
MMBtu/hr 3.67 Per Section 11.5 of BODR.

Annual average energy requirement MMBtu/yr 27,481 Calculated.

Sampling
Number of shared solids sampling
locations
2 Placeholder until sampling/monitoring program is
developed. Current value assumes sampling of
dewatered solids and dried solids cake.

Number of samples for dewatered solids samples/yr 4 Placeholder until sampling/monitoring program is developed. Current value assumes minimum
quarterly sampling for total suspended solids.

Annual sampling frequency for dried
solids cake
sampling
events/yr
2 Placeholder until sampling/monitoring program is
developed. Current value is minimum sampling
frequency for biosolids compliance per NPDES
permit (R2-2024-0008).

Number of samples for dried solids cake samples/
sampling
event
6 Placeholder until sampling/monitoring program is
developed. Current value is minimum samples for
biosolids monitoring based on Table E-8 of NPDES
permit (R2-2024-0008).

Number of samples per year 16 Placeholder until sampling/monitoring program is developed.

Equipment Maintenance
Equipment cost $ 8,289,782 Placeholder until equipment costs of shared assets are confirmed by WCA. Current value is 50% of total
capital cost for shared WCA assets.

Equipment maintenance percentage % 5 Typical range is 2% to 5%.

Notes:

NPDES – National Pollutant Discharge Elimination System; scfm – standard cubic feet per minute.

Table 1.5 Shared Biosolids Facilities Equipment
Cost Model Input Units Value Reference
Sludge Holding Tanks
Number of Sludge Recirculation Pump 1 (1 duty) Design Drawing 712001-P-105 Sludge Recirculation Pump Motor Size hp 7.5 “WCW Energy Upgrade Equipment List” Centrifuge Dewatering System
Number of Centrifuge Feed Pumps 2 (1 duty, 1 standby) Design Drawing 712001-P-001 Number of Centrifuges 2 (1 duty, 1 standby) Design Drawing 712001-P-001 Number of Centrifuge Discharge Screw
Conveyor System No. 1
1 (1 duty) Design Drawing 712001-P-001
Number of Centrifuge Discharge Screw
Conveyor System No. 2
1 (1 duty) Design Drawing 712001-P-001
Number of Centrifuge Discharge Screw
Conveyor System No. 3
1 (1 duty) Design Drawing 712001-P-001
Centrifuge Feed Pump Motor Size hp 5 “WCW Energy Upgrade Equipment List” 1099
TM 1 – BIOSOLIDS TREATMENT COST
FEBRUARY 2025 / FINAL / CAROLLO

WEST COUNTY AGENCY
BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS 1-8 Cost Model Input Units Value Reference
Centrifuge Motor Size hp 40 Alfa Laval Project Documentation Transmittal for WCW
Centrifuge Discharge Screw Conveyor
System No. 1 Motor Size
hp 5 Design Drawing 712001-E-703
Centrifuge Discharge Screw Conveyor
System No. 2 Motor Size
hp 15 Design Drawing 712001-E-703
Centrifuge Discharge Screw Conveyor
System No. 3 Motor Size
hp 3 Design Drawing 712001-E-703
Thermal Dryer System
Number of Thermal Dryers 1 Design Drawing 712001-P-002
Gryphon Model 1040 Dryer Power Usage hp 192.1 Section 11.5 of the BODR, Table 11.5-1 Polymer System (for Centrifuges)
Number of Polymer Dilution Feeders 2 (1 duty, 1 standby) Design Drawing 712001-P-106 Polymer Dilution Feeder Motor Size hp 0.5 Velodyne WCW Submittal (Polymer Feeder Information)
The results of the estimated O&M costs calculated based on the cost model inputs and assumptions are included in Table 1.7 and described in the “Model Results” section.

1.3.3 End-Use/Disposal Costs
Cost estimates for the future biosolids management end-use/disposal costs were provided by WCW based on hauling and tipping cost data from October 2023 to September 2024. The cost estimates assumed a 60/40 split between WCW and City of Richmond, respectively, and took into account that the future hauled biosolids will be significantly drier cake compared to most recent years. Based on these cost estimates and assumptions, WCW and the City are responsible for paying approximately $1,125,000 and $790,000, respectively, starting in 2025 and projected to increase 10 percent annually.

1.4 Model Results
Table 1.7 summarizes the estimated capital, O&M, and off-site biosolids management costs for the next 20 years using the cost model inputs listed in Tables 1.1, 1.4, and 1.5 and the unit costs listed in Table 1.6.

Based on these cost estimates, electric power costs constitute the majority of the annual O&M costs.

Since many of the parameters vary year to year, it is recommended that the cost structure between the two parties considers updating the cost model annually for reliable and equitable cost allocation rather than relying on a fixed value for the 20-year estimate.

The cost model is structured such that the main cost factors can be adjusted with flexibility due to updated information. For example, if a specific year requires additional O&M labor hours compared to previous years, the model can be easily updated to reflect this change.

Table 1.8 shows the cost estimates allocated per agency for the next 20 years based on the cost model inputs and assumptions described in this TM.
1100
TM 1 – BIOSOLIDS TREATMENT COST
FEBRUARY 2025 / FINAL / CAROLLO

WEST COUNTY AGENCY
BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS 1-9 Table 1.6 O&M Escalated Unit Costs
O&M Cost Item Units 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Electricity $/kWh $0.26 $0.29 $0.31 $0.32 $0.33 $0.34 $0.35 $0.36 $0.38 $0.39 $0.40 $0.41 $0.42 $0.44 $0.45 $0.46 $0.48 $0.49 $0.50 $0.52 $0.54 Polymer $/gal $5.00 $5.15 $5.30 $5.46 $5.63 $5.80 $5.97 $6.15 $6.33 $6.52 $6.72 $6.92 $7.13 $7.34 $7.56 $7.79 $8.02 $8.26 $8.51 $8.77 $9.03 Natural Gas $/MMBtu $4.00 $4.12 $4.24 $4.37 $4.50 $4.64 $4.78 $4.92 $5.07 $5.22 $5.38 $5.54 $5.70 $5.87 $6.05 $6.23 $6.42 $6.61 $6.81 $7.01 $7.22 Labor – General O&M $/hr $60.00 $62.40 $64.90 $67.49 $70.19 $73.00 $75.92 $78.96 $82.11 $85.40 $88.81 $92.37 $96.06 $99.90 $103.90 $108.06 $112.38 $116.87 $121.55 $126.41 $131.47 Off-Site Disposal $/dry ton $40.00 $41.20 $42.44 $43.71 $45.02 $46.37 $47.76 $49.19 $50.67 $52.19 $53.76 $55.37 $57.03 $58.74 $60.50 $62.32 $64.19 $66.11 $68.10 $70.14 $72.24 Sampling $/sample $51.50 $53.05 $54.64 $56.28 $57.96 $59.70 $61.49 $63.34 $65.24 $67.20 $69.21 $71.29 $73.43 $75.63 $77.90 $80.24 $82.64 $85.12 $87.68 $90.31 $93.01 Table 1.7 Total Cost Estimate Summary
Table 1.8 Agency Cost Allocation
1101
TM 1 – BIOSOLIDS TREATMENT COST
FEBRUARY 2025 / FINAL / CAROLLO

WEST COUNTY AGENCY
BIOSOLIDS AND LEACHATE TREATMENT COST OF SERVICE AND MAINTENANCE AGREEMENTS COST ANALYSIS 1-10

1.5 Analytical Monitoring Program
In addition to the cost estimations for this project, a final consideration for this effort is a recommended enhanced analytical monitoring program to benchmark the sludge quality in (or leaving) the City’s digesters. This is primarily to ensure the absence of, or compliance with limits for toxic components that could otherwise negatively impact biosolids’ on-site treatment and off-site management. Figure 1.2 shows the expected sampling locations and which party would be responsible for each.

Figure 1.2 Recommended Analytical Sampling Locations
It is assumed that the City of Richmond is responsible for sampling the digested Richmond biosolids quality and WCW for the digested WCW biosolids. Sampling the dewatered biosolids and the Class A biosolids is recommended, and the sampling costs for these two solids streams are expected to be shared between the two parties. It is recommended that the two shared sampling locations are monitored for the following parameters:
 Flow.
 Total solids.
 Volatile solids.
 Ammonia.
 Metals.
1102

August 26, 2025
Public Works
DATE: August 26, 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
Wendy Wellbrock, PE, Senior Civil Engineer
Subject: Accept the Dirt World Bike Park Renovation Project as Complete
FINANCIAL IMPACT: The Dirt World Bike Park Renovation Project (23029) is complete; there is no further financial impact. The State of California Department of Parks and Recreation
(Grantor) has approved the reallocation of unspent grant funds for Project 23029 in the amount of $31,671 to the Boorman Park Revitalization Project (23006) (Account
String: 15436431-400708-23006; 15436431-334351-
23006).

PREVIOUS COUNCIL
ACTION:

October 18, 2022
January 23, 2024

STATEMENT OF THE
ISSUE:

City staff recommends that City Council adopt the
resolution to accept the Dirt World Bike Park Renovation Project as complete, in accordance with the contract
documents, and record the Notice of Completion.

AGENDA
REPORT
1103

August 26, 2025
RECOMMENDED ACTION: ADOPT a resolution to accept the Dirt World Bike Park Renovation Project as complete; AUTHORIZE the City
Clerk to file a Notice of Completion for the Project with the County Recorder; and ACCEPT and APPROPRIATE
grant funds in the amount of $31,671 to the Boorman
Park Revitalization Project – Public Works (Wendy
Wellbrock 510-307-8108/Robert Armijo 510-620-5477).

DISCUSSION:

Dirt World Bike Park is a 2-acre urban BMX and mountain biking park along the Richmond Greenway. In December 2021, the City was awarded grant funding from the State of California Department of Parks and Recreation in the amount of $1,170,000 to renovate Dirt World Bike Park. Implementation of the Dirt World Bike Park Renovation Project (Project) occurred in two phases:

On October 18, 2022, the City Council authorized a sole-source contract with American Ramp Company for Phase 1, which included design and construction services to improve the bike park track.

On January 23, 2024, the City Council authorized awarding a construction contract to JPB Designs, Inc. for Phase 2, the Dirt World Park Site and Landscape Improvement Project, which included upgrades to the Greenway multi-use class l bike trail, as well as landscaping and irrigation.

The table below summarizes the project costs.

Phase 1 – American Ramp Company Contract $422,128
Phase 2 – JPB Designs, Inc. Construction Contract $367,286 Design, Construction Management, Grant Management, Permit Fees, Staff Time
$348,915
Total Project Cost $1,138,329
Total Grant Award Amount $1,170,000
Unspent Grant Funds $31,761
On October 30, 2024, the City, along with the community and project partners, celebrated the grand re-opening of Dirt World Bike Park with a ribbon cutting ceremony.

American Ramp Company and JPB Designs, Inc. have completed the Project in accordance with the approved plans and specifications; therefore, City staff recommends that City Council accept the Project as complete and authorize the City Clerk to file a Notice of Completion for the Project with the County Recorder’s Office (Attachment 1).

On May 13, 2025, the State of California Department of Parks and Recreation approved the City’s request to re-allocate unspent grant funds from the Dirt World Bike Park 1104

August 26, 2025
Renovation Project (23029) in the amount of $31,671 to the Boorman Park Revitalization Project (23006). City staff recommends that the City Council accept and appropriate additional grant funds in the amount of $31,671 to the Boorman Park Revitalization Project (23006) for a total revised grant amount of $4,196,671(Attachment 2).

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – SW 07 007 Boorman Park Updated Grant Application and Estimate Form
1105
Reso. No. xx-25

RESOLUTION NO. xx-25

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

CALIFORNIA, TO ACCEPT THE DIRT WORLD BIKE PARK RENOVATION PROJECT AS COMPLETE; AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE CONTRA COSTA COUNTY RECORDER’S OFFICE; AND ACCEPT AND APPROPRIATE GRANT FUNDS IN THE AMOUNT OF $31,671 TO THE BOORMAN PARK REVITALIZATION PROJECT (23006)
WHEREAS, Dirt World Bike Park is a 2-acre urban BMX and mountain biking park along the Richmond Greenway; and
WHEREAS, in December 2021, the City was awarded grant funding from the State of California Department of Parks and Recreation in the amount of $1,170,000, providing the City of Richmond grant funding to renovate Dirt World Bike Park; and WHEREAS, on October 18, 2022, the City Council authorized a sole-source contract with American Ramp Company for Phase 1 which included design and construction services to improve the bike park track; and
WHEREAS, on January 23, 2024, the City Council authorized awarding a construction contract to JPB Designs, Inc. for Phase 2, the Dirt World Park Site and Landscape Improvement Project, which included upgrades to the Greenway multi-use class l bike trail, as well as landscaping and irrigation; and
WHEREAS, the table below summarizes the project costs:

Phase 1 – American Ramp Company Contract $422,128
Phase 2 – JPB Designs, Inc. Construction Contract $367,286 Design, Construction Management, Grant Management, Permit Fees, Staff Time
$348,915
Total Project Cost $1,138,329
Total Grant Award Amount $1,170,000
Unspent Grant Funds $31,761
WHEREAS, American Ramp Company and JPB Designs, Inc. has completed the Project in accordance with the approved plans and specifications; and WHEREAS, On May 13th, 2025, the State of California Department of Parks and Recreation approved the City’s request to re-allocate unspent grant funds from the Dirt World Bike Park Renovation Project (23029) in the amount of $31,671 to the Boorman Park Revitalization Project (23006), and City staff recommends accepting and appropriating additional grant funds in the amount of $31,671 to the Boorman Park Revitalization Project (23006) for a total revised grant amount of $4,196,671; and 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 hereby accepts construction of the Dirt World Bike Park Renovation Project as complete, authorizes the City Clerk to record the Notice of Completion with the Contra Costa County Recorder, and authorizes the City Engineer to release any applicable bonds and retention payments.

BE IT FURTHER RESOLVED that the City Council hereby accepts and appropriates additional grant funds from the State of California Department of Parks and Recreation in the 1106
Reso. No. xx-25

amount of $31,761 to the Boorman Park Revitalization Project (23006) for a total revised grant amount of $4,196,671.

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. *************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held August 26, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
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1110

August 26, 2025
Public Works
DATE: August 26, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Tawfic Halaby, Deputy Director of Public Works for
Operations & Maintenance
Jason Lacey, Parks and Landscape Superintendent
Gabino Arredondo, Project Manager
Subject: Lease Amendment Hilltop Landscape District Office Trailer and Yard
FINANCIAL IMPACT: The eighth amendment proposes to increase the monthly rent amount by $151.65 from $2,810.54 to $2,962.19.

The proposed monthly expenditure of $2,962.19 will be
funded yearly from the approved fiscal year budget of the Hilltop Landscape Maintenance District Operational
Budget (Account String: 11233731-400536).

PREVIOUS COUNCIL
ACTION:

June 25, 2024
May 20, 2025

STATEMENT OF THE
ISSUE:

The Public Works Parks and Landscaping Maintenance
Division is requesting authorization to approve the eighth amendment to the month-to-month lease with North
Richmond Properties, Inc. for office trailers and yard
space to store containers and landscaping equipment.

RECOMMENDED ACTION: APPROVE an eighth amendment to the month-to-month lease agreement with North Richmond Properties, Inc.,
for the rental of two office trailers and storage space for containers and landscaping equipment used by the Parks
and Landscaping Maintenance Division, the amendment
proposes to increase the monthly rent by $151.65 from
AGENDA
REPORT
1111

August 26, 2025
$2,810.54 to $2,962.19 starting September 1, 2025 –
Public Works Department (Jason Lacey 510-620-6920).

DISCUSSION:

In 2015, the Public Works Department began a lease with North Richmond Properties, Inc. for equipment storage space at 2801 Giant Road for the use by the Parks and Landscaping Maintenance Division (Parks). The leased location proximity to the Hilltop District greatly improved the efficiency of the Parks & Landscaping Maintenance Division by reducing the travel time associated with transporting equipment from the Parks Yard located at 3201 Leona Avenue to the Hilltop District area, enabling City staff to spend more time in the field.

In April 2019, Parks Hilltop operations had to vacate the office trailer they occupied in the parking lot at Hilltop Mall. Parks operations sought and were approved by a lease amendment additional space at the North Richmond Properties location and now occupy two office trailers.

On June 25, 2024, the City Council approved a Seventh Lease Amendment with North Richmond Properties, Inc., in a total amount not to exceed $33,726.48, for a month-tomonth lease ($2,810.54 per month) with a one-year term. The approved term and expenditure authority were set to expire on June 30, 2025.

To address the pending expiration, on May 20, 2025, the City Council approved an agenda item to extend the lease term by five years, through June 30, 2030, and to increase the not-to-exceed amount by $404,718. At that time, no rent increase or lease amendment was proposed by the landlord.

On July 2, 2025, City administrative staff received from the landlord a proposed Eighth Lease Amendment, requesting a rent increase of $151.65 per month, from $2,810.54 to $2,962.19 (Attachment 1).

To avoid disruption to ongoing operations and ensure timely lease payments, the Parks and Landscaping Maintenance Division is requesting City Council authorization to enter the Eighth Lease Amendment with North Richmond Properties, Inc., to continue the month-to-month lease agreement at the new monthly rental rate of $2,962.19 starting September 1, 2025.

DOCUMENTS ATTACHED:

Attachment 1 - Lease Agreement Amendment #8 (Proposed)
Attachment 2 - Lease Agreement Amendment #7
Attachment 3 - Lease Agreement Amendment #6
Attachment 4 - Lease Agreement Amendment #5
Attachment 5 - Lease Agreement Amendment #4
1112

August 26, 2025
Attachment 6 - Lease Agreement Amendment #3
Attachment 7 - Lease Agreement Amendment #2
Attachment 8 - Lease Agreement Amendment #1
Attachment 9 - Original Lease
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DocuSign Envelope ID: 056039CE-924F-4782-96F0-F88D3E34322F 7/1/2024
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DocuSign Envelope ID: 9940223F-510C-4609-8F51-D00C84B10D7E 7/30/2021
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August 19, 2025
Public Works
DATE: August 19, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Public Works Director
Robert Armijo, PE, Deputy Public Works Director / City
Engineer
Darcie DeLashmutt, Capital Project Manager
Subject: Contract with Civica Law Group for Legal Services Supporting Public Works Enforcement and Ordinance
Development
FINANCIAL IMPACT: The proposed on-call legal services agreement includes an initial three-year term in an amount not to exceed
$100,000. The agreement also includes two optional oneyear extensions, each in an amount not to exceed $50,000, if exercised, subject to the discretion of the City Manager and the availability of future funding.

Of the $100,000 authorized for the initial term, $6,025 reflects legal services previously rendered in fiscal year 2023–2024 and fiscal year 2024–2025 in support of the
Public Works Department. An After-the-Fact Expense
Form was approved internally to facilitate retroactive
authorization of those payments.

The proposed $100,000 expenditure for the initial threeyear term is included within the approved fiscal year 2025–2026 budget, Public Works Administration
(Account String: 15531031-400206).

PREVIOUS COUNCIL
ACTION:

March 21, 2023
April 1, 2025
AGENDA
REPORT
1137

August 19, 2025

STATEMENT OF THE
ISSUE:

The Public Works Department received specialized legal
services from Civica Law Group, APC in Fiscal Years
2023–24 and 2024–25 to address time-sensitive
enforcement and ordinance-related matters. These
services were not covered under an existing Public
Works contract.

A new on-call professional services agreement is needed to authorize payment for past legal services rendered in support of the Public Works Department and to allow
continued access to legal support on an as-needed
basis. The agreement includes a base contract amount of $100,000 over a three-year term, with the option for the City Manager to extend the agreement for up to two
additional one-year terms, each in an amount not to
exceed $50,000, subject to future authorization and
funding availability.

RECOMMENDED ACTION: ADOPT a resolution authorizing the city manager, or their designee, to execute a three-year on-call legal services agreement with Civica Law Group, APC in an amount not
to exceed $100,000 for legal services; The agreement
may include two optional one-year extensions, each in an amount not to exceed $50,000, to be exercised at the
discretion of the city manager and subject to future
budget approval – Public Works Department (Darcie
DeLashmutt 510-672-3944/Robert Armijo 510-620-5477)
DISCUSSION:

On March 7, 2023, City Council approved a legal services agreement with Civica Law Group, APC, in an amount not to exceed $485,600.44, through June 30, 2024, to provide legal representation, advice, and assistance to the City of Richmond regarding code enforcement matters and to continue the City’s Health and Safey Receivership Program. A new contract agreement was required since the attorneys moved from Silver & Wright, LLP, and formed a new law firm.

On April 1, 2025, City Council approved a second amendment to the Legal Services Agreement with Civica Law Group, APC to increase the contract amount by $650,000, for a total contract amount not to exceed $1,135,600.44, for a term through June 30, 2027.
1138

August 19, 2025
Public Works seeks to expand on prior agreements to establish a new on-call legal services contract with Civica to address department-specific needs. The on-call format is intended to provide timely, as-needed legal support related to operational, regulatory, and enforcement responsibilities.

During Fiscal Year (FY) 2023–24 and continuing into FY 2024–25, Civica began providing legal assistance to Public Works in response to pressing issues involving code enforcement, right-of-way abatement, and interpretation of the City’s sidewalk vending ordinance. These services were necessary to respond to time-sensitive matters, including enforcement actions, legal interpretation of City codes, and internal guidance on administrative procedures. At the time, there was no department-specific agreement in place, and as such, a new contract is now required to both retroactively authorize those services and allow for continued support moving forward.

The services provided to date included legal research, internal consultation, and the drafting of correspondence and administrative guidance—all related to matters within the jurisdiction of the Public Works Department. The legal work supported the City’s efforts to address unpermitted work in the public right-of-way, improve defensibility of code enforcement actions, and ensure consistent application of the Richmond Municipal Code. While much of the legal advice rendered is protected under attorney–client privilege, the general nature of services has been reviewed by City staff and deemed appropriate and necessary.

City staff coordinated with Finance and the City Attorney’s Office and confirmed that the existing contract with Civica does not cover Public Works-specific services. The new oncall contract will establish a defined scope of services tailored to the needs of Public Works and will allow task orders to be issued on an as-needed basis. It also enables the City to authorize payment for past work performed in good faith while maintaining compliance with procurement and contracting requirements.

An After-the-Fact Expense Form was approved internally by City staff to address prior expenses. The proposed resolution authorizes the City Manager, or their designee, to execute the new contract, which includes approved payment of outstanding invoices associated with this legal support.

The proposed contract includes an initial three-year term in an amount not to exceed $100,000. It also includes the option for the City Manager to extend the agreement for up to two additional one-year terms, each in an amount not to exceed $50,000, subject to availability of funding and administrative approval. These optional extensions are not 1139

August 19, 2025
guaranteed and are not included in the base contract, but are available for use in future years needs and budgetary resources align.

City staff recommends that the City Council adopt a resolution authorizing execution of an on-call legal services agreement with Civica Law Group, APC, for legal services in support of the Public Works Department. This action will allow the City to address legal support needs as they arise, ensure continuity of services, and resolve payment for previously rendered support tied to code enforcement and ordinance-related matters.

DOCUMENTS ATTACHED:

Attachment 1 – Civica Legal Services Agreement
Attachment 2 - Resolution
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LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

CIVICA LAW GROUP, APC

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 19th of AUGUST, 2025 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and CIVICA LAW GROUP, APC comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at, 4000 BARRANCA PARKWAY, STE. 250, IRVINE, CA 92604. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and, B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS
The Parties agree as follows:

1. RETENTION OF FIRM.

A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from time to time under the terms and conditions of this Agreement. 1141
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2. DESCRIPTION OF SERVICES TO BE PROVIDED.

See “Scope of Work” in Exhibit A.

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2028, unless the parties extend the Agreement in writing.

The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than MATTHEW SILVER. It is agreed by and between the Parties that should it be desirable for any attorney other than MATTHEW SILVER to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.

5. PUBLIC FUNDING.

Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference. Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney. Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney. 1142
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7. BILLING INVOICES.

Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement.

Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this Agreement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.

9. LITIGATION GUIDELINES.

When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.

10. BILLING.

Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.

11. STATUS REPORTS.

Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time. Please also attach any referenced filings to your status report.
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12. TERMINATION.

Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable.

Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

13. CONFLICTS OF INTEREST.

A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

15. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.
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B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

16. NON-DISCRIMINATION.

A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Said Section 2.28.030 is, by this reference, a part of this Agreement.

B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

17. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, release and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).

18. INSURANCE REQUIREMENTS.

Special Counsel shall maintain in full force and effect the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.
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Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference.

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney.

Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

20. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

22. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected], [email protected], [email protected], and to Special Counsel at its principal place of business listed on page one of this Agreement.

Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.
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23. LAW GOVERNING AGREEMENT.

This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

24. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

25. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.
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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

CIVICA LAW GROUP, APC
By:_______________________________
Title:_____________________________

CITY OF RICHMOND
____________________________
Mayor
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk
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Exhibit A
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SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

Special Counsel shall provide legal representation, advice and assistance to the City regarding time-sensitive code enforcement and ordinance-related matters, including as-needed legal support related to the Public Work’s Department’s operational, regulatory, and enforcement responsibilities.

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:

Shannon Moore, Chief Assistant City Attorney
Schedule of Fees & Charges:

Hourly Rates
PARTNER(S) $250/hour
PARALEGAL(S)/LAW CLERKS $145/hour

COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) for attorneys’ fees and reimbursements. 1149
Exhibit B
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BILLING PROTOCOLS/GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.

Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets). 1150
Exhibit B
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II. BILLING GUIDELINES
a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
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Exhibit B
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j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
• Actual printing costs;
• Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
• Actual cost of postage (including express mail delivery charges); • Facsimile charges at the rate of $0.25 per page;
• Actual cost of long distance telephone calls;
• Transcription and reporter's fees; and
• Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
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Exhibit B
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c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 1153
Exhibit C
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PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
• Anticipated total costs;
• The primary issues;
• The probability of success; and
• A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
• Pre-commencement (legal and factual research for the complaint or answer); • Pleadings;
• Preliminary motions;
• Initial discovery;
• Factual investigation of merits (interviewing clients, employees and third parties); • Review and abstract City's documents;
• Expert (non-medical) investigation and reports;
• Medical experts and examinations;
• Legal research on merits;
• More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
• Settlement negotiations;
• Trial preparation; and
• Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement. 1154
Exhibit D
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California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary.
3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 1155
Exhibit D
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5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi-page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance. 1156
Exhibit E
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LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.

Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.
1157
Exhibit F
18 DocID #50966v1
Org LSA—Civica PW

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "SanctuaryCity Contracting Ordinance" or “SCCO”). Contractor understands and agreesthat the City may choose with whom it will maintain businessrelations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting servicesto 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 certifiesthat it complieswith the requirements ofthe 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 underthe laws ofthe State ofCalifornia that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
1158
Exhibit G
19 DocID #50966v1
Org LSA—Civica PW
City of Richmond - Insurance Requirements - Type 2:

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

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

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
1159
Exhibit G
20 DocID #50966v1
Org LSA—Civica PW
City of Richmond - Insurance Requirements - Type 2:

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

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

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 1160
Exhibit G
21 DocID #50966v1
Org LSA—Civica PW
City of Richmond - Insurance Requirements - Type 2:

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

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

Insurance certificates and endorsements may be faxed to the Designated Project 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. 1161
Reso. No. xx-25

RESOLUTION NO. xx-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

AUTHORIZING THE CITY MANAGER TO EXECUTE AN ON-CALL

PROFESSIONAL SERVICES AGREEMENT WITH CIVICA LAW GROUP, APC IN AN AMOUNT NOT TO EXCEED $100,000 FOR LEGAL SERVICES IN SUPPORT OF THE

PUBLIC WORKS DEPARTMENT, INCLUDING RETROACTIVE AUTHORIZATION

OF PAYMENT FOR SERVICES RENDERED
WHEREAS, the City of Richmond previously procured legal services from Civica Law Group, APC through a competitive process to support various departments, and the Public Works Department (PWD) now seeks to establish a new department-specific contract building on that procurement; and
WHEREAS, during Fiscal Years 2023–24 and 2024–25, the Public Works Department received legal services from Civica Law Group, APC related to enforcement, abatement, ordinance interpretation, and compliance issues in the public right-of-way; and WHEREAS, the services provided were rendered in good faith in response to timesensitive needs and were not covered under an existing PWD-specific contract; and WHEREAS, staff from the Public Works Department, Finance Department, and City Attorney’s Office have reviewed the prior work and determined that a new professional services agreement is necessary to both authorize payment for prior services and provide for future legal support on an as-needed basis; and
WHEREAS, funding for the contract is available in the Public Works Department’s FY 2025–26 adopted budget and no additional appropriation is required.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond, As Follows:

SECTION 1. The City Council finds and determines that the foregoing recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby authorizes the City Manager, or their designee, to execute a three-year on-call professional services agreement with Civica Law Group, APC, in an amount not to exceed $100,000, for legal services in support of the Public Works Department, including payment for services already rendered. The agreement may include up to two optional one-year extensions, each in an amount not to exceed $50,000, to be exercised 1162
Reso. No. xx-25

at the discretion of the City Manager and shall be subject to approval as to form by the City Attorney.

SECTION 3. The City Council hereby authorizes the City Manager, or their designee, to approve contract amendments as needed to facilitate the completion of the work, provided that such amendments do not exceed the authorized not-to-exceed amount.

SECTION 4. This resolution shall take effect immediately upon its passage. *********************
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 26, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Approved:

Mayor
Approved as to form:

City Attorney

CLERK OF THE CITY OF RICHMOND
(SEAL)
State of California }
1163
Reso. No. xx-25

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 26, 2025
Pamela Christian, Clerk of the City of Richmond
1164

August 26, 2025
Public Works
DATE: August 26, 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
Janney Lockman, Associate Transportation Planner
Subject: Contract with Freyer & Laureta for the Parchester Village– Giant Highway Infrastructure Master Plan
FINANCIAL IMPACT: Funding of $500,000 was allocated by the City Council on March 11, 2025, for Phase I of the Parchester Village– Giant Highway Infrastructure Master Plan. There is no
additional financial impact associated with this contract.

Additional funding will need to be identified in the future to support design, permitting, and construction of the
improvements as recommended in the final plan
(Account String: 20136031-400733-23063).

PREVIOUS COUNCIL
ACTION:

March 11, 2025
April 15, 2025

STATEMENT OF THE
ISSUE:

Consistent with direction received from the City Council regarding infrastructure issues in Parchester Village. City staff is recommending awarding a contract to Freyer &
Laureta to develop the Parchester Village–Giant Highway Infrastructure Master Plan.

RECOMMENDED ACTION: ADOPT a resolution awarding a contract to Freyer & Laureta, Inc. in an amount not to exceed $399,500 to
develop the Parchester Village–Giant Highway
Infrastructure Master Plan; and AUTHORIZE the Director
of Public Works, or their designee, to approve contract amendments in an amount not to exceed $100,500, for a
AGENDA
REPORT
1165

August 26, 2025
total potential contract value of $500,000 – Public Works (Janney Lockman 510-307-8097/Robert Armijo 510-620-
5477).

DISCUSSION:

On March 11, 2025, the City Council allocated $500,000 towards Phase I of a study to address infrastructure issues in Parchester Village along the Giant Highway. The subsequent April 15, 2025, City Council Study Session on Parchester Village provided an opportunity for City staff to hear from residents about the infrastructure-related challenges in the neighborhood and receive direction from City Council on the scope of work for the Parchester Village-Giant Highway Infrastructure Master Plan.

The Public Works Department issued a Request for Proposals (RFP) on April 24, 2025, seeking qualified engineering firms to develop a comprehensive infrastructure plan for the Parchester Village neighborhood and the segment of Giant Highway and Collins Avenue adjacent to Parchester Village. This study will evaluate and develop recommendations to improve storm drainage conditions to address flooding issues; improve pedestrian, transit, and bicycle safety and access; and improve pavement conditions.

City staff received three proposals from qualified engineering firms. A panel of Public Works and Planning staff members, who possess the technical expertise to evaluate the proposals, reviewed the proposals and interviewed the firms. Selection criteria included approach to the project, related projects that the firm has worked on, firm qualifications, and the skillset of the project team.

The panel identified Freyer & Laureta as the best fit for developing the infrastructure plan, based on the firm’s technical expertise, community outreach experience, and the selection criteria. Evaluation results are summarized below:

Consultant Reviewer 1 Reviewer 2 Reviewer 3 Total
Freyer & Laureta 89 94 92 275
CSW-ST2 83 90 91 264
BKF 82 83 87 252
If the City Council approves this resolution, a contract with Freyer & Laureta can be executed, and the study can begin shortly after. City staff will work with the selected consultant to initiate data collection, utility research, and community engagement.

These efforts will inform the development of a comprehensive Infrastructure Master Plan that prioritizes improvements and guides future investment in the neighborhood.

City staff recommends that the City Council adopt a resolution authorizing the City Manager, or their designee, to execute a contract with Freyer & Laureta in an amount 1166

August 26, 2025
not to exceed $399,500, with a 20% contingency of $100,500, for a total contract amount of $500,000.

This will allow the City to begin this study, taking the first steps to plan and deliver much-needed infrastructure improvements for the community.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Standard Contract
Attachment 3 – RFP
1167
Reso. No. XX-25

DocID #51102v1
RESOLUTION NO. XX-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, TO AUTHORIZE THE AWARD OF A CONTRACT TO FREYER &

LAURETA TO COMPLETE THE PARCHESTER VILLAGE-GIANT HIGHWAY

INFRASTRUCTURE MASTER PLAN
WHEREAS, the Parchester Village neighborhood faces persistent infrastructure challenges, including aging utility systems, drainage constraints, poor pavement condition, flooding concerns, and limited pedestrian and bicycle facilities, particularly along the Giant Highway corridor, which is the primary access route for residents and a vital link for daily travel, emergency services, and community connectivity; and
WHEREAS, on March 11, 2025, the City Council directed staff to conduct a study to address infrastructure issues in Parchester Village along the Giant Highway, and allocated $500,000 towards the study; and
WHEREAS, the Parchester Village-Giant Highway Infrastructure Master Plan will evaluate and develop recommendations to improve storm drainage conditions to address flooding issues; improve pedestrian, transit, and bicycle safety and access; and improve pavement conditions; and
WHEREAS, on April 24, 2025, the City issued a Request for Proposals (RFP) for engineering firms to develop a comprehensive infrastructure plan for the Parchester Village neighborhood and the segment of Giant Highway and Collins Avenue adjacent to Parchester Village with recommendations for transportation and infrastructure improvements to support safety, access, placemaking, and resilience for the neighborhood, receiving three proposals, which were evaluated by a panel of Public Works and Planning staff based on approach to work, related experience, proposer qualifications, and project team; and WHEREAS, the panel identified Freyer & Laureta as the best fit for engineering services based on project approach, experience, qualifications, and project team; and WHEREAS, staff recommends the approval of a contract with Freyer & Laureta for the Parchester Village–Giant Highway Infrastructure Master Plan in an amount not-to-exceed $399,500, and recommends that the Director of Public Works, or their designee, be authorized to approve contract amendments in an additional amount not to exceed $100,500; and 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 by the City Council of the City of Richmond as follows:

Section 1. The City Council finds that the recitals set forth above are true and correct and, together with the Agenda Report accompanying this item, form the basis for the findings and actions contained in this Resolution.

Section 2. The City Council hereby awards a contract to Freyer & Laureta, Inc. to develop the Parchester Village–Giant Highway Infrastructure Master Plan, and authorizes the City Manager to execute the contract in an amount not to exceed $399,500.

Section 3. The City Council further authorizes the Public Works Director, or their designee, to approve contract amendments, in an additional amount not to exceed $100,500, resulting in a total potential contract value of $500,000.

Section 4. The City Council designates the City Clerk as the custodian of the documents and other materials that constitute the record of proceedings upon which this decision is based.

These materials are available for public inspection at the City Clerk’s Office, 450 Civic Center Plaza, Richmond, California 94804.
1168
Reso. No. XX-25

DocID #51102v1
Section 5. This Resolution shall become effective immediately upon its adoption. *********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held August 26, 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. XX-25, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on August 26, 2025.

Pamela Christian, Clerk of the City of Richmond
1169

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 Janney Lockman [email protected] (510) 307-8097 Engineering and design services for the Parchester Village-Giant Highway Infrastructure Master Plan Freyer & Laureta 505 San Marin Dr. Ste. A220 Novato, CA 94945 Jeffrey Tarantino (650) 619-3226 [email protected] September 1, 2025 December 31, 2026 399,500.00 1170

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
Freyer & Laureta
1171
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]:

Freyer & Laureta
1172
Headquarters North Bay Office East Bay Office South Bay Office 150 Executive Park Blvd, Ste 4200 505 San Marin Dr, Ste A220 1101 Marina Village Pkwy, Ste 104 20863 Stevens Creek Blvd, Ste 400 San Francisco, CA 94134 Novato, CA 94945 Alameda, CA 94501 Cupertino, CA 95014 (415) 534-7070 (415) 534-7070 (510) 937-2310 (408) 516-1090 July 25, 2025
Janney Lockman, Associate Planner
City of Richmond, Public Works – Engineering Division
450 Civic Center Plaza
Richmond, CA 94804
RE: Engineering and Design Services for the Parchester Village – Giant Highway Infrastructure Master Plan Dear Ms. Lockman,
Thank you again for the opportunity to support the City of Richmond (City) on this important initiative. We appreciated the thoughtful feedback during our recent discussions and are glad that our proposal and interview clearly demonstrated a strong understanding of Council, staff, and community priorities in Parchester Village.

Following our recent conversations, we have refined our scope of work and adjusted the associated budget to align with updated priorities and anticipated contract structure. Select tasks have been removed and we have incorporated refinements to reflect near-term needs better while supporting long-term project goals. Our proposed Scope of Services and Fee is presented in this letter for the City’s review and comment.

Scope of Services
Our team will deliver a comprehensive, community-centered infrastructure plan that addresses flood prevention, multimodal transportation safety and access, and utility coordination, while also incorporating thoughtful landscape strategies that enhance neighborhood aesthetics, functionality, and resilience. Through close collaboration with City staff, community members, and stakeholders, we will integrate green infrastructure, tree preservation, and landscape-based placemaking strategies into the planning and conceptual design process—supporting a safer, more connected, and resilient Parchester Village.

Task 0: Project Management
Freyer & Laureta, Inc. (F&L) will provide overall project management services, including coordination with our project partners. Project management effort includes correspondence, coordination, schedule tracking, budget tracking, scope tracking, and any other miscellaneous work that does not directly fall under other tasks. Our monthly invoices will include a brief cover memorandum identifying work completed during the billing period, work anticipated during the following billing period, and any potential risks to schedule and/or budget, including potential mitigation measures. We have included three general coordination meetings in our project management task to review progress, discuss upcoming activities, and coordinate with City staff.

F&L will develop an overall baseline schedule for the study, including identifying key tasks for community engagement, City staff review, and City Council presentations. Our schedule will be updated monthly with key progress and challenges, including corrective measures and validated key engagement milestones. We will prepare for and facilitate a project kickoff meeting with key technical team members and City staff. The meeting will be held in person and include a site walk - with goal of reviewing the overall project scope, confirm goals, and establish project communication. F&L will prepare the meeting agenda, presentation materials, and meeting minutes.
1173
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 2 Task 0 Deliverables

1. Kickoff meeting agenda, presentation materials, and minutes

2. Monthly invoices, including brief progress reports

3. Baseline Schedule and Monthly Updates

4. Three general coordination meetings agendas and minutes Task 1: Data Collection and Site Analysis
A critical first step in our team’s approach is to conduct a comprehensive, coordinated assessment of existing conditions throughout the Parchester Village study area. Working closely with City staff, we will compile and analyze relevant data from previous studies, including technical documentation from the Richmond Country Club (RCC), Meritage Homes development, Veolia, and others—and supplement this with new field assessments, pavement evaluations, and multimodal traffic data collection. Publicly available LiDAR data will be used where applicable to support early surface analysis and modeling.

This effort will establish a shared technical foundation for identifying deficiencies, coordinating with stakeholders, and developing phased, resilient infrastructure solutions. Findings from this task will be summarized in an Existing Conditions Summary Memorandum, which will guide subsequent analysis, planning, design, and community engagement activities.

Existing Conditions Analysis
As part of this effort, the team will assess drainage, stormwater, utility, flooding, and traffic systems to identify key deficiencies and technical constraints. Specific subtasks include:
• Hydrologic Assessment: Confirm upstream drainage areas using LiDAR and technical studies from RCC and Meritage.
• Peer Review: Review drainage and stormwater design for RCC and Meritage to confirm compliance with regulatory requirements.
• Sea Level Rise Coordination: Review risks using SFEI’s North Richmond Shoreline Vision Project and WCWD’s Living Levee Project.
• Utility Mapping: Coordinate with utility owners to request as-builts and develop an exhibit of existing mapped infrastructure.
• Flooding Identification: Estimate limits of ponding/flooding using staff input, site visits, and document review.
• Pavement Condition (NCE): Review StreetSaver database and perform field review to confirm/update pavement conditions.
• Traffic Data (Fehr & Peers): Include counts, speed data, and operational observations to support a more complete site profile.

After City review, the team will respond to comments and finalize the memorandum for project records. 1174
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 3

1.1 Records Review and Utility Research
The team will collect and review a variety of existing data sources, including:
• Topographic and right-of-way maps
• City-maintained utility records and “as-built” plans
• FEMA floodplain and watershed maps
• RCC and Meritage development plans and drainage studies • As-built documentation for nearby private and public improvements • Publicly available LiDAR datasets
This information will be used to identify off-site infrastructure influences, drainage patterns, and potential coordination needs. LiDAR data will support terrain modeling and supplement topographic survey results.

1.2 Field Reconnaissance and Surveying
A coordinated field reconnaissance effort will be conducted to document visible infrastructure conditions throughout the project area. Field observations will include:
• Sidewalk conditions and ADA compliance
• Lighting, crosswalks, signage, and wayfinding elements • Surface drainage and low-lying areas prone to ponding • Exposed utility features and suspected conflict areas This work will be supplemented with a full topographic survey tied to City monumentation and control, capturing surface elevations and utility locations. Where needed, potholing will be performed to verify depths of critical infrastructure. Survey and field data will be compiled in CAD and GIS-compatible formats for teamwide use.

1.3 Pavement Condition Assessment
The project area exhibits a wide range of pavement conditions, from recently resurfaced residential streets to deteriorated arterials affected by poor subgrade soils and heavy vehicle loading. The team will:
• Validate Pavement Condition Index (PCI) ratings using StreetSaver and field observations • Identify distresses such as rutting, cracking, and fatigue in both residential and arterial corridors • Assess the performance of recent overlays and note early signs of subgrade failure • Recommend treatment strategies ranging from surface seals to Full Depth Reclamation (FDR), tailored to site-specific soil and traffic conditions
• Develop preliminary cost estimates and phasing guidance to support later plan development 1175
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 4

1.4 Traffic and Multimodal Data Collection
To support future transportation recommendations, the team will conduct a multimodal data collection effort, including:
• PM peak turning movement counts at: Collins Ave at Morton Ave; Collins Ave at Williams Dr; Collins Ave at Giant Hwy / Griffin Dr; Collins Ave at Phanor Dr • Multimodal counts at the at-grade railroad crossing at Giant Hwy / Griffin Dr • 24-hour tube counts at two locations for speed and volume data • Field observations to document traffic flow, pedestrian activity, and geometric constraints • Review of 5-year collision data via the TIMS database The team will also review the City’s General Plan, Bicycle and Pedestrian Action Plan, Local Roadway Safety Plan, and other relevant studies to ensure alignment with adopted policy frameworks.

We can perform the same data collection and traffic operations analysis for additional time periods (such as the weekday AM peak period) for an additional budget to be determined if requested.

1.5 Traffic Operations Analysis
Using Synchro modeling software, the team will evaluate peak-hour operations at the four study intersections.

Analysis outputs will include:
• Level of Service (LOS)
• Delay by movement and approach
• Queue lengths and signal phasing observations
• Identification of performance bottlenecks or safety issues This analysis will inform future design recommendations in subsequent phases.

1.6 Data Integration and Summary
All findings from this task will be compiled into a Data Collection and Site Analysis Technical Memorandum.

The memo will include:
• Annotated utility and stormwater system maps
• Pavement condition graphics and treatment recommendations • Multimodal traffic data and Synchro model outputs
• Summary of coordination needs with private developments and utility owners • Observational notes and LiDAR integration highlights
• Identification of deficiencies and technical gaps to be addressed in later tasks 1176
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 5 The draft memorandum will be submitted to the City for review and comment. The team will prepare written responses and provide a final version for project documentation.

Task 1 Deliverables

1. Utility coordination letters and as-built data requests

2. Annotated utility maps and infrastructure summary exhibit

3. Topographic survey files (PDF and CAD) tied to City control

4. LiDAR integration summary and application notes

5. Field reconnaissance photo log and summary of observations

6. Pavement condition map with recommended treatment zones

7. Summary of pavement treatment strategies and phasing considerations

8. PM turning movement counts at four key intersections

9. 24-hour tube count data and travel speed profiles

10. Multimodal count summaries for vehicles, bicycles, and pedestrians

11. Collision history summary based on TIMS data

12. Synchro operational analysis models and Level of Service (LOS) results

13. Draft Data Collection and Site Analysis Memorandum

14. Final Data Collection and Site Analysis Memorandum, including written response to comments TASK 2: STAKEHOLDER AND COMMUNITY ENGAGEMENT
D&A Communications will lead all outreach efforts using a data-driven, equity-focused approach tailored to the Parchester Village’s community context. With nearly 30 years of experience, including prior work with the City, D&A will coordinate stakeholder input, facilitate meetings, and support inclusive participation through targeted outreach strategies. Engagement tools will include multilingual surveys, stakeholder interviews, hybrid community meetings, and culturally responsive collateral. Activities will be aligned with project milestones to ensure timely, actionable input informs technical analysis, prioritization, and plan development.

Task 2.1 Project Kickoff Support
The project team will initiate Phase I by working closely with City staff to define engagement goals, confirm key milestones, and establish communication protocols. Drawing on prior experience with the City, including the General Plan Update and ESA Hilltop Visioning Project, the team will ensure the outreach approach is aligned with Richmond’s expectations and community priorities from the outset.

An engagement lead will oversee coordination of early deliverables, manage the outreach timeline and budget, and support the integration of performance metrics. This kickoff phase will set the foundation for a unified schedule and collaborative workflow across technical and engagement activities.

Task 2.1 Deliverables

1. Participation in kickoff meeting with City staff

2. Input on engagement strategy and integrated project schedule 1177
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 6 Task 2.2 Outreach Strategy Development
The project team will develop a comprehensive Public Engagement Plan that defines goals, audiences, methods, and a schedule aligned with the broader infrastructure planning effort. The strategy will apply equity-focused principles to ensure inclusive participation, with a focus on reaching historically underrepresented communities in Parchester Village.

The plan will include SMART goals, an equity-informed messaging framework, and engagement tools such as in-person meetings, surveys, and print and digital collateral. The team will also maintain a stakeholder and community partner database to support coordinated outreach efforts throughout the project.

Task 2.2 Deliverables

1. Public Engagement Plan with schedule tied to project phases

2. Stakeholder and community partner contact database
Task 2.3 Community Meeting Coordination
The project team will coordinate, facilitate, and document three (3), one hour, ADA-accessible community meetings aligned with key milestones. These meetings will serve as structured engagement points to gather resident input on infrastructure challenges, review preliminary concepts, and support community-driven prioritization of improvements.

Each meeting will be designed to ensure equitable access and clear communication. The team will manage logistics and support participation through stipends, local venues, and refreshments. Meeting content— including agendas, slide decks, and visual materials—will be developed collaboratively to support plainlanguage understanding of technical information. Meeting promotion will leverage trusted community-based organizations, digital channels, and print collateral to maximize turnout. Following each meeting, the team will document participation metrics, summarize key feedback, and track how input informs project recommendations.

Meeting Schedule:
• Meeting 1 – Project Kickoff and Listening Session
• Meeting 2 – Draft Concept Review
• Meeting 3 – Prioritization and Design Input
Task 2.3 Deliverables

1. Three (3), one-hour community meetings (hybrid or in-person)

2. Full meeting logistics, facilitation, interpretation, and accessibility support

3. Agendas, slide decks, and outreach materials

4. Post-meeting summaries with participation metrics and community insights

5. Attendance tracking and feedback documentation
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FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 7 Task 2.4 Survey and Stakeholder Interviews
To support a community-informed infrastructure plan, the project team will design and administer community survey and conduct stakeholder interviews to collect both quantitative and qualitative input.

Survey content will focus on infrastructure priorities such as drainage, pedestrian safety, and transit access, and will be developed in coordination with City staff and local partners. The survey will be available in both digital and printable formats to ensure broad accessibility. A targeted distribution and promotion plan will combine digital outreach, event-based promotion, and door-to-door canvassing in areas with limited internet access. Participation will be incentivized through giveaways to improve response rates.

In parallel, the team will conduct five semi-structured interviews with a cross-section of residents, business owners, community leaders, and agency representatives. These interviews will explore infrastructure challenges, equity considerations, and community priorities in greater depth. Survey and interview findings will be synthesized to identify key themes and inform subsequent engagement and design phases.

Task 2.4 Deliverables

1. Survey instrument (digital and printable)

2. Survey distribution and promotion plan

3. Stakeholder interview guide and list of interviewees

4. Summary memo of survey and interview findings, including visualized insights and key themes Task 2.5 Collateral Materials
The project team will produce a suite of clear outreach materials to support public participation and promote key engagement milestones. Materials will include printed and digital formats such as flyers, postcards, email and newsletter content, social media graphics, and a digital toolkit for use by the City and community partners. All materials will be designed to reflect the cultural diversity of Parchester Village, with an emphasis on accessibility, mobile readability, and plain-language communication.

Drawing on prior experience with Richmond’s General Plan Update, ESA Hilltop Visioning Project, and WETA’s Ferry There campaign, the team will develop visually engaging content that builds awareness and supports turnout across multiple channels and audiences.

Task 2.5 Deliverables

1. Up to three (3) outreach materials (print and digital)

2. Social media graphics and captions

3. Web and newsletter content for City distribution

4. Digital toolkit for community partner use
Task 2.6 Engagement Documentation
The project team will document all community engagement activities conducted during Phase I and produce a comprehensive Engagement Summary Report. This report will serve as both a record of public participation and a decision-support tool, demonstrating how community input shaped technical recommendations.

A centralized tracking system will be used to monitor participation across meetings, surveys, and interviews.

The team will collect voluntary demographic data, code qualitative feedback by infrastructure topic, and map 1179
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 8 community comments to final recommendations. Visual tools—such as infographics, charts, and dashboards— will be used to communicate findings clearly to both technical and public audiences. The final report will be formatted for internal briefings, community distribution, and use in City Council presentations. A PowerPoint summary deck will also be provided to support project communications moving into Phase II.

Task 2.6 Deliverables

1. Final Engagement Summary Report (PDF)

2. Dashboard of participation and demographic metrics

3. Summary of community feedback with visuals and representative quotes

4. Presentation-ready PowerPoint deck for internal or City Council use Task 2.7 Prioritization Results
The project team will analyze input collected during the final community meeting to identify priority infrastructure improvements based on resident feedback. This analysis serves as a critical bridge between community engagement and technical implementation, ensuring that public input informs early design direction and funding priorities.

The team will compile and validate data from in-person and virtual prioritization exercises, including dot voting, worksheets, comment boards, and digital tools. Using a mixed-methods approach, feedback will be assessed both quantitatively (e.g., frequency of votes or comments per improvement type) and qualitatively (e.g., themes, rationale, and representative quotes). Results will be segmented by geography and demographics to identify trends and highlight equity considerations. Findings will be summarized in a visually accessible memo, designed for use by City staff, project partners, and the public. This deliverable will support transparency, demonstrate how input shaped next steps, and inform future design and implementation decisions.

Task 2.7 Deliverables

1. Prioritization Summary Memo (PDF)

2. Visual summary of top-ranked community priorities (e.g., charts, infographics, or scorecards)

3. Narrative analysis with representative quotes and rationale

4. Quantitative vote/comment tallies by topic

5. Annotated input materials (e.g., comment maps, dot-voting results), as applicable TASK 3: TRANSPORTATION INFRASTRUCTURE ASSESSMENT & RECOMMENDATIONS The project team will assess existing multimodal transportation infrastructure within the Parchester Village study area and develop concept-level recommendations to enhance pedestrian, bicycle, transit, and overall multimodal access and safety. Building on data collected in Task 1, this task will focus on identifying infrastructure deficiencies, evaluating corridor and intersection performance, and producing conceptual improvements aligned with City plans and community priorities.

All findings and recommendations will be documented in a Transportation Infrastructure Assessment Memorandum, including supporting exhibits and cost estimates to assist the City in prioritizing and advancing improvements.
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3.1 Field Audit and Inventory
The team will conduct a targeted field audit along Giant Highway and adjacent corridors to verify existing conditions and identify gaps in:
• Pedestrian facilities (e.g., sidewalks, crossings, curb ramps) • Bicycle infrastructure and bikeway continuity
• Transit stop access and amenities
• Roadway lighting and visibility
• Emergency vehicle access and evacuation routes
• Railroad crossing design and multimodal conflicts
This field audit will be informed by traffic data, observed safety concerns, and past collision data reviewed in Task 1.

3.2 Pedestrian Infrastructure Recommendations
The team will identify areas where pedestrian facilities are lacking or underperforming, and propose upgrades such as:
• New sidewalk segments and gap closures
• Curb ramp upgrades to meet current ADA standards
• Enhanced crosswalk treatments at key locations
• Visibility improvements at intersections and midblock crossings • Intersection visibility improvements, including bulb-outs and protected corners Existing lighting along Giant Highway will be inventoried. We will perform nighttime lighting level measurements of the existing conditions in the field and provide roadway and pedestrian lighting recommendations along the corridor.

3.3 Bicycle Infrastructure Recommendations
Based on recommendations from the City’s 2023 Bicycle and Pedestrian Action Plan, the team will evaluate alignment, width, and separation treatments for a Class IV separated bikeway along Giant Highway. The bikeway concept will account for:
• Conflict zones at driveways and intersections
• Raised vs. at-grade options
• Landscaping or buffer treatments
• Maintenance and access needs
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FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 10 Designs will be informed by best practices in safety and comfort for people biking and walking, with attention to feasibility and constructability.

3.4 Transit Access Improvements
Existing AC Transit stops at Griffin Drive/McGlothen Way and Phanor Drive/McGlothen Way will be evaluated for:
• ADA access and boarding areas
• Passenger comfort and amenities
• Potential relocation or redesign for improved access and visibility Recommendations will align with AC Transit design standards and integrate with sidewalk and lighting improvements.

3.5 Multimodal Intersection and Corridor Improvements
The team will assess the existing geometry, traffic control, and multimodal safety at:
• Giant Highway / Collins Avenue / Griffin Drive intersection • Giant Highway / Phanor Drive
• At-grade railroad crossing at Giant Highway
Conceptual recommendations may include:
• Geometric redesigns or reconfigurations
• Traffic control modifications (e.g., signalization, stop-control changes) • Protected intersection treatments
• Improved sightlines and traffic calming measures
• Consideration of emergency access and evacuation needs

3.6 Integration with Streetscape and Green Infrastructure Opportunities In coordination with the broader team, transportation recommendations will be designed to integrate with potential green infrastructure and placemaking elements. These may include:
• Median islands or stormwater planters
• Street tree zones
• Opportunities for public art or neighborhood identity signage 1182
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 11 Task 3 Deliverables

1. Field audit summary and infrastructure inventory maps

2. Conceptual layout of pedestrian, bicycle, transit, and intersection improvements

3. Transportation Infrastructure Assessment Memorandum (draft and final)

4. Opinion of Probable Project Cost estimates for all recommended improvements

5. GIS files and annotated exhibits for use in Task 6: Infrastructure Master Plan TASK 4: UTILITY AND STORM DRAINAGE SYSTEM ASSESSMENT & RECOMMENDATIONS The F&L team’s efforts will include:
• Develop project stormwater runoff calculations for up to three storm events, including the 100-year storm, to inform assessment of existing drainage vulnerabilities and potential sea level rise scenarios; • Develop utility exhibits based on information collected under Task 1 to inform studies for new stormwater infrastructure;
• Correspond with Pacific Gas and Electric Company (PG&E) to review potential feasibility of a Rule 20 undergrounding project
• Identify green infrastructure opportunities in collaboration with Task 3 and Task 5 studies to leverage potential complete streets opportunities.
• Create potential stormwater infrastructure improvements, including but not limited to:
o Roadside bioretention basins to provide both stormwater detention and treatment; o Below-grade stormwater infrastructure to capture and convey stormwater in a manner that addresses the current risk of both flooding along Giant Highway and erosion impacts to the Parchester Village properties due to uncontrolled drainage releases through the community; o Study feasibility and effectiveness of integration of below-grade stormwater detention basin, including pumps, within the Parchester Park Baseball Field; and o Identify additional utility infrastructure resilience improvements that may allow for more effective stormwater infrastructure improvements.

We will develop a Utility Assessment and Recommendations Memorandum to present potential stormwater and joint trench utility improvements. An overview of the proposed improvements, feasibility of Rule 20 undergrounding for PG&E and other dry utilities, potential alternatives for the stormwater infrastructure, other utility resilience improvements (if any), sea level rise risk assessment, potential project costs, and suggested phasing that integrates with other improvements identified by the Study.

Task 4 Deliverables

1. Existing storm drainage exhibits, including drainage areas and infrastructure deficiencies

2. Conceptual green infrastructure improvements (integrated with Task 3 studies)

3. Conceptual storm drain improvement alternatives, including Opinions of Probable Project Costs

4. Utility and Storm Drainage Assessment Memorandum (draft and final) 1183
FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 12 TASK 5: PAVEMENT CONDITION ASSESSMENT & RECOMMENDATIONS The project team will evaluate the condition of pavement infrastructure throughout the Parchester Village study area and develop tailored, cost-effective maintenance and rehabilitation recommendations. This effort will focus on balancing near-term safety and mobility needs with long-term durability, sustainability, and cost efficiency. The assessment will consider roadway classification, historical treatment data, subgrade conditions, traffic loading, and recent resurfacing efforts.

5.1 Pavement Condition Evaluation
Using a combination of StreetSaver database information and supplemental field verification, the team will validate the existing Pavement Condition Index (PCI) ratings across arterials, collectors, and residential streets within the study area. The field review will include:
• Identification of surface distresses such as alligator cracking, rutting, and block cracking • Observations of patching, utility cuts, and signs of base failure • Validation of subgrade conditions, particularly in areas known to experience pumping or settlement due to poor clay soils or shallow groundwater
Special attention will be given to high-priority corridors such as Giant Highway, Morton Avenue, and McGlothen Way, which experience heavy bus and truck loading.

5.2 Rehabilitation Strategy Development
Based on field observations and performance expectations, the team will prepare preliminary treatment recommendations for each roadway segment. These may include:
• Surface seals (slurry, cape seal, microsurfacing) for fair to good condition streets • Mill and overlay or rubberized hot mix asphalt (RHMA) for aging pavements! • Full-depth reconstruction/reclamation (FDR) for segments with structural subgrade failure Where appropriate, in-place recycling strategies will be considered to reduce cost and environmental impacts.

FDR, in particular, offers benefits for stabilizing weak subgrades, extending service life, and minimizing future base repair needs. Stabilization options may include lime or cement additives to improve soil performance and longevity.

5.3 Phasing and Cost Guidance
To support future capital planning, the team will develop a phasing strategy based on PCI, functional classification, traffic load, and coordination with other infrastructure improvements. Preliminary cost estimates will be developed using StreetSaver decision-tree unit costs, modified as needed to reflect alternate treatment types.
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FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers 13 Task 5 Deliverables

1. Pavement condition map with PCI and observed distresses

2. Summary table of recommended treatments by segment

3. Preliminary phasing strategy and prioritization approach

4. Draft and final Pavement Technical Memorandum, including Condition survey results; Treatment strategies and rationale; Opinion of Probable Project Cost; Environmental and performance benefits of proposed approaches

5. Annotated exhibits for integration into the Infrastructure Master Plan (Task 6) TASK 6: INFRASTRUCTURE MASTER PLAN DEVELOPMENT
The F&L team will integrate information developed in Task 3 through Task 5 to create the Draft Infrastructure Master Plan (Draft Plan). The Draft Plan will include an implementation recommendation discussion to:
• Identify comprehensive capital projects that integrate recommendations from previous tasks; • Develop potential phasing plan, including costs, to identify:
o Near-term (next five years) feasible projects that may address the most immediate drainage and safety concerns in a manner that leverages developer offsite improvement obligations that can be integrated (not be replaced by) future, larger-scale future projects; o Mid-term (between 5 - 10 years) projects that integrate potential complete streets improvements addressing utility improvements, flooding risks, and accessibility enhancements.
o Long-term (greater than 10 years) projects that complete the overall stormwater management strategies, including addressing sea level rise vulnerabilities. • Identify potential regional projects, such as the North Richmond Living Shoreline Adaptation, which could serve as partnerships for long-term improvements. • Identify potential funding programs that the City and Parchester Village community could leverage to fund midterm and long-term improvements.

An Administrative Draft Plan will be provided to City staff for review and comment. We will prepare for and facilitate a workshop with City staff to review the Administrative Draft Plan. Following the workshop, the F&L Team will update the Draft Plan to be used for soliciting public review and comment. Following public review, the F&L Team will prepare written response to public comments and submit to the City for review. We will then meet with City staff to review the written response to comments and proposed revisions to the Draft Plan. Following the meeting, the F&L Team will prepare a Revised Draft Plan for presentation to the City Council. Following the City Council meeting described in Task 7, the F&L Team will prepare a Final Plan incorporating City Council comments.

Task 6 Deliverables

1. Administrative Draft Plan

2. Workshop agenda and minutes for Administrative Draft Plan

3. Public Draft Plan

4. Written Response to Public Comments

5. Revised Draft Plan
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6. Final Plan
TASK 7: CITY COUNCIL SUPPORT
The project team will assist City staff with one presentations to the Richmond City Council during Phase I.

Support will include the peer review of City staff prepared draft staff reports, and slide presentations utilizing materials created in Task 3 through Task 5. The team will also attend and participate in the Council meeting anticipated to be for review and adoption of the final Infrastructure Plan.

Task 7 Deliverables

1. One City Council presentation slide decks

2. Attendance and presentation support at One City Council Meetings

3. Final Adopted Infrastructure Plan
Schedule
All work will be completed on a mutually agreeable schedule with Council adoption of the Infrastructure Plan anticipated in early 2026.

Fee
We propose to provide the Scope of Services on a time and materials basis for a not-to-exceed fee of $399,500 in accordance with our Charge Rate Schedule dated January 1, 2025. Table 1 attached to this proposal presents our proposed level of effort by person and by task. We will not exceed the proposed fee without written City approval.

We appreciate the opportunity to continue supporting this effort and welcome any questions or feedback as you review the updated materials.

Very truly yours,
Jeffrey J. Tarantino, P.E., Executive Vice President
FREYER & LAURETA, INC.

Attachments
• Table 1: Budget Estimate for Giant Highway Infrastructure Master Plan • Freyer & Laureta, Inc. Charge Rate Schedule dated January 1, 2025 1186
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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.

Janney Lockman Janney Lockman Freyer & Laureta
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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: ________________________________________________ Janney Lockman [email protected] Freyer & Laureta Freyer & Laureta 505 San Marin Dr. Ste. A220 Novato, CA 94945 [email protected] Jeffrey Tarantino 1188
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_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, Freyer & Laureta
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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.

Freyer & Laureta
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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 Freyer & Laureta
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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 Freyer & Laureta
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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 Freyer & Laureta
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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 Freyer & Laureta
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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, Freyer & Laureta
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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”):

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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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City of Richmond - Insurance Requirements - Type 2:

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

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

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
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City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 1202
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Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

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