Richmond City Council
December 2, 2025

December 2, 2025
Human Resources
DATE: December 2, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager
Sharrone Taylor, Director of Human Resources
Subject: Memorandum of Understanding between IFPTE Local 21 Executive Management
FINANCIAL IMPACT: The estimated fiscal impact of the Memorandum of Understanding (MOU) for the International Federation of Professional and Technical Engineers (IFPTE) Local 21
Executive Management Bargaining Unit for Fiscal Year
2025-26 is $728,060, Fiscal Year 2026-27 is $693,192,
Fiscal Year 2027-28 is $725,306 (Terms of agreement
are July 1, 205 through June 30, 2028).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City’s Memorandum of Understanding (MOU) with
the International Federation of Professional and
Technical Engineers (IFPTE) Local 21 Executive
Management Bargaining Unit expired on June 30, 2025.

IFPTE Local 21 and the City have met and conferred in
good faith regarding a new MOU. On November 21,
2025, the parties reached a Tentative Agreement which
established a new MOU effective July 1, 2025, through
June 30, 2028. The agreement has been ratified by the
members of IFPTE Local 21 Executive Management.

This agreement is subject to final approval by the City Council.

AGENDA
REPORT
510

December 2, 2025
RECOMMENDED ACTION: ADOPT a resolution approving a successor Memorandum of Understanding (MOU) between the City
of Richmond and International Federation of Professional and Technical Engineers (IFPTE) Local 21 Executive
Management for the term of July 1, 2025, to June 30,
2028, and DIRECT the city manager or their designee to
update the publicly available salary schedule with the
adopted wage increases during the term of the MOU –
Human Resources Department (Nickie Mastay/Sharrone
Taylor 510-620-6602).

DISCUSSION:

The MOU between the City of Richmond and International Federation of Professional and Technical Engineers (IFPTE) Local 21 expired on June 30, 2025. In February of 2025, City representatives and IFPTE Local 21 (IFPTE Local 21) Executive Management Bargaining Unit representatives began bargaining for a new Memorandum of Understanding (MOU). The City and IFPTE Local 21 met on multiple occasions in 2025 and reached a Tentative Agreement on November 21, 2025, to establish a new MOU, effective July 1, 2025, through June 30, 2028. Members of IFPTE Local 21 ratified the TA on November 25, 2025. The major components are delineated below.  MOU Effective Dates: July 1, 2025, through June 30, 2028  Salary Adjustments:
o 5% base wage increase effective the pay period including July 1, 2025 o 5% base wage increase effective the pay period including July 1, 2026 o 5% base wage increase effective the pay period including July 1, 2027  Professional Development: Effective the first full pay period after City Council approves this MOU, professional development will be increased to $1,250 per fiscal year.
 Vacation Sell-back: Effective the first full pay period after City Council approves this MOU, employees shall have the option to sell back 10 additional days (total of 20) per year.
 Establishes language regarding the implementation of Artificial Intelligence (AI) and a re-opener on the subject.
 Incorporates existing side letters regarding longevity pay, deferred compensation, sick leave cash out at separation for safety employees, granting Cesar Chavez and Juneteenth as holidays, and increasing parental leave to four total weeks.
 Various language changes in areas such as employee pay information, bereavement leave, family and medical care leave, etc.
511

December 2, 2025
IFPTE Local 21 and the City negotiated in good faith to establish new terms and conditions of employment that would be effective following the expiration of the IFPTE Local 21 prior MOU. Exhibit A – Memorandum of Understanding of Attachment 1 – Resolution details the new terms and conditions of employment that will be effective July 1, 2025, through June 30, 2028.

RECOMMENDATION:

The Human Resources Department requests that City Council adopt the resolution approving a successor MOU between the City of Richmond and IFPTE Local 21 Executive Management with effective dates of July 1, 2025, to June 30, 2028. City staff further recommends that the City Council direct the City Manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution & Resolution Exhibit A – Memorandum of Understanding 512
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF

RICHMOND AND EXECUTIVE MANAGEMENT EMPLOYEES, REPRESENTED BY IFPTE, LOCAL 21
WHEREAS, the Executive Management Employees are represented by the International Federation of Professional and Technical Engineers (IFPTE), Local 21; and WHEREAS, the City and IFPTE, Local 21 are required under the Meyers-MiliasBrown Act to meet and confer in good faith regarding wages, hours and other terms and conditions of employment; and
WHEREAS, the City and IFPTE, Local 21, having met and conferred in good faith reached a total tentative agreement on a successor collective bargaining agreement for the Executive Management Employees; and
WHEREAS, the successor collective bargaining agreement has been ratified by the membership of IFPTE, Local 21 and the City Council is required to adopt the successor collective bargaining agreement.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond adopts the collective bargaining agreement set forth in Exhibit A between the City of Richmond and the Executive Management Employees represented by IFPTE, Local 21 and directs the City Manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the collective bargaining agreement. *****************************
513
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
514
Memorandum of Understanding
between the
City of Richmond
and the
I.F.P.T.E Local 21
Executive Management
515

TABLE OF CONTENTS
(Subject to change)
City of Richmond and IFPTE Local 21, AFL-CIO Executive Management 2025-2028 Memorandum of Understanding
ii
2025- 2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO Executive Management SECTION 1 – RECOGNITION...................................................................................................................................1 SECTION 2 – MANAGEMENT RIGHTS AND RESPONSIBILITIES ..............................................................................1 SECTION 3 – UNION RIGHTS .................................................................................................................................2

3.1 STEWARDS..................................................................................................................................2

3.2 STEWARDS’ RELEASE TIME .............................................................................................................2

3.3 BARGAINING TEAM.......................................................................................................................2

3.4 BULLETIN BOARDS........................................................................................................................2

3.5 INFORMATION ON REPRESENTED EMPLOYEES ....................................................................................2

3.6 WORK ACCESS.............................................................................................................................3

3.7 NEW EMPLOYEE ORIENTATIONS......................................................................................................3 SECTION 4 – DISCRIMINATION PROHIBITED.........................................................................................................4 SECTION 5 – UNION DUES.....................................................................................................................................4

5.1 UNION DUES DEDUCTIONS ............................................................................................................4

5.2 INDEMNIFICATION ........................................................................................................................5 SECTION 6 – SALARIES...........................................................................................................................................5

6.1 SALARY RANGES...........................................................................................................................5

6.2 PAY FOR NEW EMPLOYEES.............................................................................................................6

6.3 SALARY UPON REEMPLOYMENT ......................................................................................................6

6.4 MERIT INCREASES WITHIN RANGE ...................................................................................................6

6.5 SALARY UPON PROMOTION ...........................................................................................................7

6.6 PAY UPON TRANSFER....................................................................................................................7

6.7 PAY UPON DEMOTION..................................................................................................................7

6.8 PAY UPON RECLASSIFICATION.........................................................................................................7

6.9 BILINGUAL PAY ............................................................................................................................8

6.10 ACTING PAY ................................................................................................................................8

6.11 CHANGES IN SALARY ALLOCATION ...................................................................................................9 SECTION 7 – INDIRECT PAY AND ALLOWANCES ...................................................................................................9

7.1 DEFINITION OF REGISTERED DOMESTIC PARTNER ...............................................................................9

7.2 MEDICAL INSURANCE....................................................................................................................9

7.3 CAFETERIA PLAN ........................................................................................................................10

7.4 WAIVER/OPT-OUT OF MEDICAL COVERAGE....................................................................................10

7.5 HEALTH CARE REIMBURSEMENT ACCOUNT .....................................................................................11

7.6 DEPENDENT CARE REIMBURSEMENT ACCOUNT................................................................................11

7.7 INTERNAL REVENUE CODE SECTION 132 PLAN.................................................................................12

7.8 EMPLOYEE’S CONTRIBUTION TOWARD HEALTH INSURANCE AND TO OTHER POST-EMPLOYMENT RETIREMENT BENEFITS ..............................................................................................................................................12 516

TABLE OF CONTENTS
(Subject to change)
City of Richmond and IFPTE Local 21, AFL-CIO Executive Management 2025-2028 Memorandum of Understanding
iii
2025- 2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO Executive Management

7.9 RETIREE MEDICAL INSURANCE ......................................................................................................13

7.10 CITY’S SUPPLEMENTAL RETIREE HEALTH INSURANCE CONTRIBUTION TO RETIREES...................................13

7.11 DENTAL PLAN............................................................................................................................15

7.12 VISION PLAN .............................................................................................................................16

7.13 LIFE INSURANCE .........................................................................................................................16

7.14 DISABILITY INSURANCE ................................................................................................................16

7.15 EMPLOYEE ASSISTANCE PROGRAM ................................................................................................16

7.16 ALLOWANCES ............................................................................................................................17

7.17 CERTIFICATIONS .........................................................................................................................17

7.18 SAFETY SHOES AND UNIFORM ALLOWANCE.....................................................................................18

7.19 DEFERRED COMPENSATION..........................................................................................................18 SECTION 8 – LEAVES............................................................................................................................................18

8.1 LEAVES OF ABSENCE WITHOUT PAY...............................................................................................18

8.2 BEREAVEMENT LEAVE .................................................................................................................19

8.3 SICK LEAVE ...............................................................................................................................20

8.4 PARENTAL LEAVE .......................................................................................................................21

8.5 FAMILY AND MEDICAL CARE LEAVE................................................................................................21

8.6 JURY DUTY................................................................................................................................22

8.7 MILITARY LEAVE ........................................................................................................................22

8.8 VACATION LEAVE .......................................................................................................................22

8.9 INJURY LEAVE PAYMENTS.............................................................................................................24

8.10 COURT APPEARANCES .................................................................................................................25

8.11 ADMINISTRATIVE LEAVE...............................................................................................................25

8.12 HOLIDAYS .................................................................................................................................26 SECTION 9 – RETIREMENT SYSTEM.....................................................................................................................26 SECTION 10 – WORKING CONDITIONS ...............................................................................................................27

10.1 MEAL PERIODS AND REST PERIODS................................................................................................27

10.2 WORKING HOURS ......................................................................................................................27

10.3 LENGTH OF WORK WEEK.............................................................................................................28

10.4 ATTENDANCE ............................................................................................................................28 SECTION 11 – PERSONNEL PROVISIONS .............................................................................................................28

11.1 SEVERANCE PAY.........................................................................................................................28

11.2 PROBATIONARY PERIOD...............................................................................................................28

11.3 RESIGNATION ............................................................................................................................28

11.4 TRANSFER.................................................................................................................................29

11.5 REASSIGNMENT .........................................................................................................................29

11.6 NEPOTISM ................................................................................................................................29

11.7 PERSONNEL FILES .......................................................................................................................29 SECTION 12 – GRIEVANCES, DISCIPLINARY ACTIONS, AND APPEALS .................................................................29 517

TABLE OF CONTENTS
(Subject to change)
City of Richmond and IFPTE Local 21, AFL-CIO Executive Management 2025-2028 Memorandum of Understanding
iv
2025- 2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO Executive Management

12.1 GRIEVANCE PROCEDURE:.............................................................................................................29

12.2 DISCIPLINARY PROCEEDINGS.........................................................................................................31 SECTION 13 – FULL UNDERSTANDING................................................................................................................32 SECTION 14 – RETROACTIVITY ............................................................................................................................32 SECTION 15 – MISCELLANEOUS PROVISIONS .....................................................................................................32

15.1 WEINGARTEN RIGHTS .................................................................................................................32

15.2 CATASTROPHIC LEAVE .................................................................................................................32

15.4 THE CITY’S CATASTROPHIC LEAVE POLICY IS ATTACHED HERETO AS ATTACHMENT B.MEETING ON COMPACTION FOR SAFETY MEMBERS.........................................................................................................32 SECTION 16 – SEVERABILITY OF PROVISIONS .....................................................................................................32 SECTION 17 – REPRESENTATION RIGHTS............................................................................................................32

17.1 SPECIFIC LIMITATIONS ON REPRESENTATION RIGHTS: ........................................................................32

17.2 DISQUALIFICATION OF UNION MEMBERS WORKING AS DEPARTMENT DIRECTORS, ASSISTANT DEPARTMENT DIRECTORS, AND MEMBERS PARTICIPATING ON CITY BARGAINING TEAMS: .......................................................33

17.3 VIOLATION OF THIS ARTICLE .........................................................................................................33 SECTION 18 – TERM OF AGREEMENT .................................................................................................................34 ATTACHMENT A ..................................................................................................................................................36 ATTACHMENT B ..................................................................................................................................................38 ATTACHMENT C ..................................................................................................................................................39 518
1 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO

MEMORANDUM OF UNDERSTANDING
between the

CITY OF RICHMOND
and the
International Federation of Professional and Technical Employees, Local 21, AFL-CIO, Executive Management
2025-2028

PREAMBLE
This AGREEMENT (hereinafter “Agreement”) entered into by the City of Richmond (hereinafter “City”) and Professional and Technical Engineers, Local 21 (AFL-CIO) (hereinafter “Union”) has as its purpose the harmonious labor relations between the City and the Union; establishment of an equitable and peaceful procedure for the resolutions of differences; and the establishment of rates of pay, hours of work, and other conditions of employment.

Representatives of the City and the Union have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment, have freely exchanged information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

The legal relationship between the City and the Union is governed by the Meyers-Milias-Brown Act (California Government Code sections 3500, et seq.), the City’s Charter, the City’s Employer-Employee Relations Resolution, the City’s Personnel Rules, and this Agreement. Whenever this Agreement contains a provision relating to a subject matter which is also referred to in the Charter, Employer-Employee Relations Resolution, Personnel Rules or any other City ordinance, policy or regulations, the provisions of this Agreement shall prevail.

The term “Agreement” as used herein means the written agreement provided under Government Code Section 3505.1.

SECTION 1 – RECOGNITION
The City recognizes the Union as the recognized employee organization for full and part-time employees, in the following unit as specified in Attachment A:

Executive Management
The following employees are excluded from the unit: City Manager, City Attorney, Deputy City Manager or similar single position classification, Chief Assistant City Attorney or similar single position classification, Director of Human Resources, Assistant Director of Human Resources or Labor Relations Manager or similar single position classification.

SECTION 2 – MANAGEMENT RIGHTS AND RESPONSIBILITIES
The City retains, solely and exclusively, all the rights, powers and authority exercised or held prior to the execution of this Agreement, except as expressly limited by a specific provision of this Agreement.

These rights include but are not limited to: manage and direct the City’s business and personnel; manage, control and determine the mission of its departments, building facilities, and operations; assign, repair, inspect, and retrieve City property and leased space; create, change, combine or abolish jobs, policies, departments and facilities in whole or in part; direct the work force; increase or decrease the work force and determine the number of employees needed; hire, transfer, promote, and maintain the discipline and efficiency of its employees; establish work standards, schedules of Operation and 519
2 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO reasonable work load; and adopt rules of conduct (including acceptable dress standards as needed).

SECTION 3 – UNION RIGHTS

3.1 Stewards
The Union may designate up to four (4) bargaining unit members as its stewards for the purpose of assisting the Union and bargaining unit members in the resolution of grievances arising over the interpretation of the terms of this Memorandum of Understanding and/or rules, policies, and ordinances within the scope of bargaining regulating wages, hours and working conditions.

The Union shall annually, in January, provide a list of stewards to the Director of Human Resources. The Union shall inform the Director of Human Resources in writing of any additions or deletions of individual stewards within thirty (30) days of such a change.

3.2 Stewards’ Release Time
The City shall afford said stewards reasonable time off during working hours without loss of compensation or other benefits when meeting with City representatives regarding grievances and potential grievances arising over the interpretation of rules, policies and ordinances regulating wages, hours and working conditions. Stewards shall arrange with each steward’s department director or designee in advance to schedule a reasonable amount of time to perform said duties and shall not interfere with the performance of City services.

3.3 Bargaining Team
The Union may designate up to four (4) bargaining team members to meet and confer with the City's representatives on matters within the scope of representation.

3.4 Bulletin Boards
The Union shall have the right to have bulletin board space designated exclusively for its use.

3.5 Information on Represented Employees
Within thirty (30) days of hire, promotion or separation, the City shall provide the Union with a list of all newly hired, promoted, or separated employees covered by this Agreement.

Once each quarter (July, October, January, April) the City shall provide the Union with a list of all employees in the bargaining unit. Such lists shall be in a digital or other usable data format (preferably in .csv) and shall include the employee’s:
• Name
• Date of hire, promotion, or separation
• Home address
• Home and/or cell telephone number, to the extent the City has that information • Personal email address, to the extent the City has that information • Work department
• Classification
• Work phone number
• Work email address
• Service date
• Base hourly wage
The July report shall include each employee’s current pay differentials and/or specialty pays. 520
3 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO

3.6 Work Access
Authorized Union representatives shall have reasonable access to bargaining unit members in City offices for transmittal of information or for representation purposes provided the work of City employees and services to the public are unimpaired.

The Union shall give the City a written list of Union representatives and shall keep such list current.

3.7 New Employee Orientations
A. The City agrees that each newly hired employee into the bargaining unit, within the first thirty (30) days of employment, shall participate in an in-person orientation meeting as part of the New Employee Orientation.

B. Union Representatives shall be provided an opportunity to present to employees at the New Employee Orientation, for thirty (30) minutes. Employees will not suffer a loss in compensation for such time when the Union is presenting to the employee.

The City shall grant release time for up to two (2) Union Employee Representatives, which shall include reasonable time for travel and set up, without loss of compensation, to present at the New Employee Orientation or presentation described in section C below. The Union shall provide the name(s) of the Union Employee Representative(s) who are requested for release time for the Union’s presentation at New Employee Orientation to the City at least forty-eight (48) hours prior to the scheduled New Employee Orientation.

C. A newly hired employee who does not attend the New Employee Orientation will be scheduled for a subsequent New Employee Orientation. To the extent such employees for any reason do not attend, within thirty (30) days of beginning work, the Union shall have the option to schedule a thirty (30) minute presentation on paid City time with the employee.

D. The City shall advise the Union of the dates and times of New Employee Orientations at which employees covered by this Agreement will be in attendance. Such notice shall be provided at the earliest opportunity but not later than ten (10) days before the scheduled orientation.

The City shall email the Union at least forty-eight (48) hours in advance of the New Employee Orientation a list of registered participants represented under this Agreement. Employees not on the list and who show up for New Employee Orientation may be denied entrance by Human Resources to that particular New Employee Orientation meeting.

E. The Union agrees to stay within its designated time period and will not cause a delay to the New Employee Orientation agenda. For example, if the Union Representative(s) are scheduled to present from 9:00 a.m. – 9:30 a.m., and they arrive at 9:20 a.m., the Union Representative(s) shall have from 9:20 a.m. – 9:30 a.m. to present. If the Union Representative(s) arrive at 9:35 a.m., they have waived their opportunity to present to the group and no additional time or rescheduling will be afforded. If the Union’s start time is delayed it shall not reduce the Union’s time to present. However, if the Union Representative(s) are unable to make the scheduled time, the City agrees to make Unionprovided information available to newly hired employees, as long as no information pertaining to either local or partisan elections is included in the Union-provided information.

F. The City will provide the Union an environment for the Union’s presentation that is reasonably free from distractions. If multiple unions attend the New Employee Orientation, each union will meet with employees of the bargaining groups at the same time. Separate meeting rooms may be provided but are not guaranteed; however, groups will be divided into “break out” 521
4 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO sessions in the same room and/or close proximity to the room scheduled for New Employee Orientation.

G. The City will not observe or disturb the Union presentation.

H. The parties mutually agree to not disparage the other party or and/or its governing board(s) (e.g., City Council, Richmond Housing Authority) (e.g., union executive committee, business agents), its supervisors or management during New Employee Orientations.

3.8 Artificial Intelligence (AI)
A. Statement on AI. The Executive Management Unit and the City recognize the potential for artificial intelligence (AI) tools and technology to improve working conditions and strengthen public service delivery. At the same time, both parties acknowledge the City’s essential role as an employer in the regional economy and reaffirm the City’s commitment to valuing and supporting its human workforce. The City does not want AI to replace employees. That being said, nothing in this general statement shall prohibit, limit, or otherwise restrict any member of this bargaining unit from developing, implementing, or innovating with AI tools and technology in the performance of their duties on behalf of the City.

B. Limited Reopener on AI Replacing Employees. In light of the parties’ discussions on AI during 2025 bargaining, the City agrees to meet and confer with the Union in June 2026, or another time mutually agreeable to the parties, to discuss guardrails on AI replacing long-term bargaining unit employees, upon the Union’s request.

C. Notice. The parties affirm the City’s existing obligations under the MMBA to provide reasonable prior notice of any plan to implement new AI tools and technology that have a foreseeably adverse impact on bargaining unit work. This notice provision shall not apply to existing software, applications, or systems that incorporate AI features through routine updates or maintenance.

I.

SECTION 4 – DISCRIMINATION PROHIBITED
There will be no discrimination against any employee because of race, color, age, physical or mental disability, religion, creed, sex, sexual orientation, national origin, lawful activities on behalf of the Union, lawful social activities not affecting or related to work performance, or for any other reason prohibited by law. Filing a discrimination, harassment, or retaliation complaint containing one or more of the same allegations with state and/or federal agencies shall terminate any grievance process provided for in this memorandum of understanding.

SECTION 5 – UNION DUES

5.1 Union Dues Deductions
Upon certification by the Union that an employee has signed a deduction authorization, the Employer will deduct the appropriate dues or fees from the employee’s pay, as established and as may be changed from time to time by the Union, and remit such dues or fees to the Union, rather than the Employer. Deductions will continue unless the employee mails a written revocation to the Union in accordance with the terms of the authorization form, or absent any such terms, by mailing a written revocation to the Union that is postmarked during the thirty (30)- day period immediately prior to the annual anniversary date on which the employee signed the authorization form.
522
5 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO A. It shall be the sole responsibility of the Union to procure and enforce payroll deductions of dues.

B. Dues deductions shall not be retroactive.

C. The City will not deduct any Union fines, penalties, or special assessments from the pay of any employees.

D. Member request to change or cancel deductions must be made to the Union and not to the City. The City shall not resolve disputes between the Union and represented employees concerning Union Membership or deductions. The City shall direct member requests to cancel or change deductions to the Union and shall rely on information provided by the Union regarding whether deductions for a member were properly canceled or changed. The City will cease deductions at the end of the pay period following notification from the Union to the City to cease deductions, or at a later date as specified by the Union to coincide with the end of a pay period.

E. The employee’s earnings must be sufficient after all other legal and required deductions and any employee voluntary deductions are made to cover the amount of the Union Dues. When the employee’s earnings are insufficient (whether employee was in a full, partial, or unpaid status), no Union Dues will be deducted during that pay period.

F. In order to protect bargaining unit employees from harassment or invasion of privacy, the City shall promptly notify the Union of any third-party requests for contact, biographical and/or demographic information about the bargaining unit employees. The City shall promptly provide the Union a copy of the request and any materials submitted with the request.

5.2 Indemnification
The Union shall indemnify and save harmless the City, its officers, and employees from and against any and all loss, damages, costs, expenses, claims, attorney's fees, demands, actions, suits and judgments and other proceedings arising out of any collection of said union dues described above.

SECTION 6 – SALARIES

6.1 Salary Ranges
Current monthly salary ranges (as of June 30, 2025) for classifications represented by the Union are listed in Attachment A.

Effective the pay period including July 1, 2025, the City shall increase the monthly pay rate for represented classifications and all employees in the bargaining unit (excluding any employee covered under a Y-Rate pay arrangement) by 5.0% of the monthly pay rate in effect before such increase takes effect.

Effective the pay period including July 1, 2026, the City shall increase the monthly pay rate for represented classifications and all employees in the bargaining unit (excluding any employee covered under a Y-Rate pay arrangement) by 5.0% of the monthly pay rate in effect before such increase takes effect.

Effect the pay period including July 1, 2027, the City shall increase the monthly pay rate for represented classifications and all employees in the bargaining unit (excluding any employee covered under a Y-Rate pay arrangement) by 5.0% of the monthly pay rate in effect before such increase takes effect.
523
6 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO

6.2 Pay for New Employees
The department director/appointment authority may authorize that a particular position is filled up to the mid-point of the salary range. Requests for appointments above the mid-point must be pre-approved by the City Manager.

6.3 Salary Upon Reemployment
A former employee at the time of separation who is re-appointed within two (2) years in the same class or in a lower class in the same series may, upon the request of the department director and with approval of the Director of Human Resources be appointed at the same monthly pay rate as occupied immediately prior to separation.

An employee who voluntarily separates and (a) is subsequently re-appointed in the same department in a represented classification, (b) begins work not more than one hundred eighty (180) days from the last day the employee actually worked for the City, and (c) either did not withdraw from CalPERS or “bought back” CalPERS service credit shall, upon approval of the Director of Human Resources, have continuous service credit for purposes of vacation. Restored prior service shall apply toward seniority for other purposes.

6.4 Merit Increases within Range
A. Merit increases shall not be automatic but shall be based on performance and granted upon the recommendation of the employee’s department director and subsequent approval of the City Manager.

B. An employee in a part-time position shall be treated identically to an employee in a full-time position except that merit increases shall be granted in the same proportion of hours of work related to the hours of work of a full-time position.

C. The merit increase eligibility date for all employees hired/promoted into classifications within this unit shall be the first day of the pay period following completion of 24 full pay periods. If the first day of a pay period is a City holiday and the employees begins work on the workday immediately following the City holiday, then that period shall count towards the completion of the requisite number of full pay periods worked.

Other than military leave or workers’ compensation leave, an absence from work without pay, exceeding seven (7) calendar days in a pay period shall defer a merit increase eligibility date by an amount equal to the number of pay periods during which the employee was absent from work without pay.

D. Advancement within the pay range is not automatic for merely completing a specific period of service but rather based on merit as documented on a performance evaluation form.

The merit increase shall be a minimum of one percent (1%), not to exceed five percent (5%).

A performance evaluation must be submitted annually within sixty (60) days following the employee’s performance evaluation eligibility date. If the manager/department director fails to render a performance evaluation within the specific timeframe, then the employee’s overall performance shall be assumed to be satisfactory, and the employee shall receive a pay increase of five percent (5%) effective on the scheduled date. (See paragraph H.) E. An overall rating of unacceptable or improvement needed requires a performance reevaluation no later than four (4) pay periods following the scheduled merit increase eligibility date. If the employee shows no improvement, or improvement does not demonstrate 524
7 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO satisfactory performance, the employee’s merit increase shall be denied, in writing. An employee’s merit increase eligibility date shall not be changed by any denial.

F. If, in the manager’s/department director’s judgment, the employee’s performance does not merit a pay increase on the merit increase eligibility date, and a deferment of a decision accompanied by an effort at improved performance might be productive, the manager/department director shall complete the performance evaluation and defer a decision regarding the merit increase. A merit increase decision may be deferred for any number of pay periods, not to exceed twelve (12). A merit increase may be deferred only once for each merit increase eligibility date evaluation period. A manager/department director may reopen the matter by submitting another merit rating. An employee’s merit increase eligibility date shall not be changed by any deferment.

G. The City Manager may authorize a merit increase, at the City Manager’s sole discretion, which is in addition to any merit increase specified above and/or which is greater than the merit increase values expressed above.

H. The salary adjustment may not result in an individual exceeding the maximum salary of the established salary range for their classification.

6.5 Salary Upon Promotion
Whenever an employee is promoted to a higher class, they shall be entitled to receive in the new position the nearest higher monthly salary range which attaches to the higher class and is at least five percent (5%) higher than their previous salary and shall not exceed the established maximum pay rate of the promoted classification. An appointing authority, with prior written approval of the City Manager, may approve a promotion salary greater than five percent (5%) (not to exceed the established maximum pay rate of the promoted classification).

6.6 Pay Upon Transfer
When an employee is transferred from one class and department to another department in the same class, the salary and merit increase eligibility date shall not change.

6.7 Pay Upon Demotion
When an employee is demoted for reasons of unsatisfactory performance, the employee’s pay rate shall be reduced to the maximum pay rate of the new class, by five percent (5%) if the new class does not have pay range steps, or to the pay range step that provides a five percent (5%) reduction in pay, whichever of these provides the lower pay rate. A demotion should occur as of the beginning of a pay period. The merit increase eligibility date shall be based on the beginning of the pay period corresponding with the employee’s demotion.

When an employee is demoted as an accommodation for ADA purposes, the employee’s pay in the new class shall be the lesser of the maximum pay rate of the new class, the employee’s current pay rate if the new class does not have pay range steps, or to the pay range step that is closest to (but not exceed) the employee’s current pay rate. The merit increase eligibility date to which the employee had prior to the demotion shall be retained.

6.8 Pay Upon Reclassification
The pay of an employee in a reclassified position shall be determined as follows:

A. If the position is reclassified to a class with the same pay range, the salary and merit increase eligibility date will not change.
525
8 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO B. If the position is reclassified to a class with a higher pay range, reclassification shall be considered a promotion.

C. If the position is reclassified to a class with a lower pay range, the pay shall be determined as follows:
1) If the pay of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date shall not change. 2) If the pay of the employee is greater than the maximum pay of the new classification, the salary shall be designated as a Y-Rate and shall not change during continuous regular service (i.e., not a temporary employee) until the maximum of the new classification exceeds the pay of the employee. or until the period of time indicated in the schedule below has elapsed, whichever is sooner. If, at the end of the calendar period indicated below, the pay still exceeds the maximum of the new pay range for the new classification, the pay shall be reduced to the maximum pay for the new class.

Years of continuous regular service Effective date of pay change:

Less than 5 years 2 years from date of reclassification 5 but less than 10 years 3 years from date of reclassification 10 but less than 15 years 4 years from date of reclassification 15 but less than 20 years 5 years from date of reclassification 20 but less than 25 years 6 years from date of reclassification 25 or more years 7 years from date of reclassification

6.9 Bilingual Pay
Employees working in positions certified by the Human Resources Department as bilingual in Spanish and other City approved languages shall receive two hundred dollars ($200) per month additional compensation. An employee may be certified as bilingual for purposes of this article based on written and/or oral communication skills in City-approved languages other than English.

6.10 Acting Pay
A. The department director must obtain official written approval through normal procedures, including a Personnel Action Form, when the department director intends to have a subordinate employee work temporarily in a higher paid classification. The department director must ensure that the employee who is to temporarily relieve in a higher paid classification must assume all or substantially all of the duties and responsibilities of the higher paid classification and fulfill those duties for a period of fourteen calendar days before the department director attempts to obtain approval for such appointment. Upon completion of the fourteen calendar days of an Executive Management Unit employee assuming substantially all of the duties and responsibilities of a higher classification, the employee will receive a ten percent (10%) differential or the entry step in the higher range, whichever is greater, retroactively to the first day of acting in the higher position, not to exceed the maximum established pay rate. If the employee’s anniversary date should occur during a period of acting in the higher position, the employee’s acting pay will be increased an additional five percent (5%) not to exceed the maximum established pay rate from said anniversary date. Such assignments shall be for a specific period of time, as indicated on the Personnel Action Form but not to exceed one year. Prior to an acting assignment reaching one year the Director of Human Resources will review the need for the position and determine whether an examination should be conducted to permanently fill the position, or 526
9 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO the acting appointment should be terminated.

The department director shall not request approval of the appointment for temporary work in a higher paid classification if the subordinate employee will have some, but less than substantially all, of the duties and responsibilities of the higher paid classification. An employee who is properly appointed in accordance with the provisions of this section to work temporarily in a higher paid classification shall receive the proper job title and differential during only the period of time that the subordinate employee has all or substantially all of the duties and responsibilities of the higher paid classification.

B. City Manager’s Authority to Appoint In Acting Capacity: If a vacancy occurs in a department director, an assistant department director, or a similar administrative position, the City Manager may appoint a person meeting the minimum qualifications for the class, as determined by the Director of Human Resources, to a position in such a class in an acting capacity, with such appointment to be designated "Acting" followed by the appropriate class title.

C. Generally, an employee who is relieving a department director, an assistant department director, or a similar administrative employee, when the relieving employee is paid salary commensurate with their duties and their position description includes acting as department director, shall not be promoted temporarily to the higher paid classification in the same division or department. However, the City Manager, in their discretion, may approve such an appointment for temporary promotion at or near the beginning of relief, provided that the City Manager is satisfied that these two conditions are met: (1) the absence of the employee in the higher paid classification appears to be protracted, i.e., of 30 days or more duration and for purposes other than vacation leave; and (2) the supervisor or administrator shall assume all or substantially all of the duties and responsibilities of the higher paid classification.

6.11 Changes in Salary Allocation
If a class is reassigned to a different pay range, the employee’s pay and merit increase eligibility date shall remain unchanged, except when:
• The employee’s pay is less than the minimum of the new pay range, in which case the employee shall receive the minimum of the new pay range and the merit increase eligibility date shall be amended to 24 full pay periods following this pay adjustment. • The employee’s pay is greater than the maximum of the new pay range, in which case the employee shall receive the maximum of the new pay range and receive “Y-Rate” pay as provided in Section 6.8, Pay Upon Reclassification, paragraph C2.

SECTION 7 – INDIRECT PAY AND ALLOWANCES

7.1 Definition of Registered Domestic Partner
For purposes of this Article, when referred to herein the term “Registered Domestic Partner” shall mean a person who meets the criteria specified in Section 297 of the Family Code of the State of California and who is duly registered as such by the California Secretary of State’s Office.

7.2 Medical Insurance
A. The City contracts with the California Public Employees Retirement System (CalPERS) to provide medical insurance under the Public Employees’ Medical and Hospital Care Act 527
10 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO (“PEMHCA” or “PERS Health”) for all active employees, retirees, and eligible survivors (including those in the City of Richmond General Pension Fund) of retirees. Eligibility of retirees and survivors of retirees to participate in this program shall be in accordance with the regulations promulgated by PERS. Unless prohibited by CalPERS or by law, the health plan coverage described herein shall apply to persons retired.

B. The City’s monthly contribution to provide PEMHCA health insurance benefits for the individual employee and the employee’s eligible dependents shall be the Minimum Employer Contribution (“MEC”) established by PEMHCA, for which CalPERS adjusts.

C. Employees may make changes to their enrolled dependents and/or health plan selection as permitted by CalPERS.

7.3 Cafeteria Plan
For full-time employees, the City’s monthly contribution toward the Cafeteria Plan shall be set at one hundred percent (100%) of the monthly premium of the PEMHCA Region 1 Kaiser Permanente family rate (employee plus two or more dependents) minus the PEMHCA MEC for those enrolling with employee plus two or more dependents. A full-time employee enrolling in coverage for employee plus one dependent shall be set at one hundred percent (100%) of the PEMHCA Region 1 Kaiser Permanente employee+1 rate minus the PEMHCA MEC. A full-time employee enrolling in employee only coverage shall be set at one hundred percent (100%) of the PEMHCA Region 1 Kaiser Permanente employee only rate minus the PEMHCA MEC. 1 For part-time employees, the City’s monthly contribution toward the Cafeteria Plan shall receive a prorate amount of the total sum of the PEMHCA MEC and the cafeteria plan of the full-time employee contribution in proportion to the relationship their basic workweek bears to thirtyseven and one-half hours. That total amount shall first be allocated to the PEMHCA MEC, and any remaining employer contribution shall then be allocated to the cafeteria plan.2 The City’s Cafeteria Plan contribution can be used toward PEMHCA medical insurance only. Any unused (unspent) Cafeteria Plan contributions are not retained by the employee.

An employee whose Health Insurance plus Cafeteria Plan contribution is insufficient to fully pay the employee’s selected health insurance plan’s premium shall have the remaining health insurance premium deducted from their pay on a pre-tax basis. The employee though may direct the Director of Finance, through a form designated by the Director of Finance, to have said remaining health insurance premium deducted on an after-tax basis.

7.4 Waiver/Opt-Out of Medical Coverage
An employee who provides proof of alternate health insurance coverage which is Patient Protection and Affordable Care Act (ACA) compliant, may opt-out of the City’s medical insurance 1 In 2021 the PEMHCA Region 1 Kaiser Permanente family rate is $2,115.46. For 2021, CalPERS has set the MEC at $143.00. As an illustrative employee+2 or more dependents example, the City’s contribution toward Section 7.2, Medical Insurance, will be $143.00 per month and the City’s contribution toward Section 7.3, Cafeteria Plan, will be $1,972.46. Together, using both Section 7.2 and Section 7.3, the employee who enrolls in family coverage will have the City’s 100% contribution toward PEMHCA Region 1 Kaiser Permanente family health insurance. 2 As an illustrative example, the part-time employee is fifty percent (50%) FTE, and would then receive 50% of the Region 1 Kaiser Permanente family rate (for 2021, 50% of $2,115.46, or $1,057.73). Of this value, $143.00 is allocated to Section 7.2, Medical Insurance and $914.73 is allocated to Section 7.3, Cafeteria Plan. 528
11 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO coverage. An employee that opts-out of the City’s medical insurance coverage shall receive one hundred fifty dollars ($150.00) per month for employee-only health insurance coverage or two hundred dollars ($200.00) per month for employee plus one or more dependents health insurance coverage.

For opt-out purposes, ACA-compliant alternate health insurance coverage means the employee and the employee’s tax family must (or will have) minimum essential coverage through another source other than coverage in the individual market, e.g. Covered California. This is explained more fully below, as are other requirements for opting-out.

A. The employee and the employee’s Tax Family must have (or will have) minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California);
B. A Tax Family means all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee’s plan year for which the eligible opt-out arrangement applies;
C. The employee must provide reasonable evidence of the alternative minimum essential coverage for the employee and their Tax Family for the applicable period. Reasonable evidence may include an attestation by the employee;
D. The employee must provide the evidence/attestation every plan year; E. The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and F. The compensation for opting out cannot be made if the City knows or has reason to know that the employee or a member of the employee’s tax family does not have alternative minimum essential coverage.

7.5 Health Care Reimbursement Account
During an annual open enrollment period (normally October or November), an employee may elect to enter into a pay reduction agreement with the City whereby the City will direct the amount of the pay reduction on a pre-tax basis into the employee’s Health Care Reimbursement Account (“HCRA”). The employee’s election is irrevocable until the next open enrollment period, except on the occurrence of a qualifying event specified in the City’s Plan Document. The employee will forfeit all unused funds remaining in their HCRA at the end of the plan year or at the end of the grace period, if any, allowed under the City’s Plan Document, whichever is later.

During the period allowed under the Plan Document, the employee may use the funds in their HCRA to obtain reimbursement for otherwise unreimbursed eligible medical expenses.

7.6 Dependent Care Reimbursement Account
During an annual open enrollment period (normally October or November), an employee may elect to enter into a pay reduction agreement whereby the City will direct the amount of the pay reduction on a pre-tax basis into the employee’s Dependent Care Reimbursement Account (“DCRA”). The employee’s election is irrevocable until the next open enrollment period, except on the occurrence of a qualifying event specified in the City’s Plan Document. The employee will forfeit all unused funds in their DCRA at the end of the plan year or at the end of the grace period, if any, allowed under the City’s Plan Document, whichever is later. During the period allowed 529
12 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO under the Plan Document, the employee may use the funds in their DCRA to obtain reimbursement of eligible dependent care expenses.

7.7 Internal Revenue Code Section 132 Plan
During an annual open enrollment period (normally October or November), an employee may elect to enter into a payroll reduction agreement whereby the City will direct the amount of the pay reduction on a pre-tax basis into the employee’s Internal Revenue Code Section 132 transportation plan benefit. An employee may participate in the parking expenses benefit plan and/or the transit expenses benefit plan. The employee’s election is irrevocable until the next open enrollment period, except on the occurrence of a qualifying event specified in the City’s Plan Document. The employee will forfeit all unused funds in their Section 132 Plan at the end of the plan year or at the end of the grace period, if any, allowed under the City’s Plan Document, whichever is later. During the period allowed under the Plan Document, the employee may use the funds in their Section 132 Plan to obtain reimbursement of eligible transportation care expenses.

7.8 Employee’s Contribution Toward Health Insurance and to Other Post-Employment Retirement Benefits
A. In addition to any employee contribution toward the employee’s share of health insurance (see Section 7.2 – Health Insurance and Section 7.3 - Cafeteria Plan), an employee will contribute fifty dollars ($50.00) per month toward the employee’s health insurance which will be deducted from the employee’s pay on a pre-tax basis. The employee, though, may direct the Director of Finance, through a form designated by the Director of Finance, to have said amount deducted on an after-tax basis. Effective for payroll covering the first of the month following adoption of the 2021-2025 MOU, the employee’s contribution was amended from one hundred twenty-five dollars ($125.00) per month to fifty dollars ($50.00) per month.

B. The employee, excluding fire safety management and police safety management, will also contribute toward the City’s Other Post-Employment Benefits Plan on an after-tax basis.

Effective the first full pay period following City Council adoption of the 2021-2025 MOU, employees’, excluding fire safety management and police safety management, retiree medical benefit pre-funding trust contribution was amended from one hundred dollars ($100.00) per month to contributions determined by the second-step annual base wage from their current job classification. The contribution amounts are as follows:
• Employees in job classifications with annual second-step base wages in the amount of $60,000 or less shall pay $50.00 per month.
• Employees in job classifications with annual base wages falling within the range of $60,001 and $80,000 shall pay $75.00 per month.
• Employees in job classifications with annual second-step base wages in the amount of $80,001 or more shall pay $100.00 per month.
• Part-time employees in the bargaining unit shall make monthly retiree medical benefit pre-funding trust contributions on a pro-rata basis. As an example, this means that a part-time employee in a job classification with a second step making less than $60,000 per year who works a three-quarters time schedule (28.125 hours per week) would pay $37.50 per month to the trust.

Fire safety management employees shall contribute four hundred dollars ($400) toward the 530
13 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO City’s Other Post-Employment Benefits Plan.

Police safety management employees shall contribute five hundred twenty-five dollars ($525) toward the City’s Other Post-Employment Benefits Plan.

7.9 Retiree Medical Insurance
All employees who have concurrently retired from the City and from CalPERS may participate in PEMHCA at their own expense. The City’s contribution toward the retiree’s medical insurance shall be the MEC amount as established by CalPERS.

7.10 City’s Supplemental Retiree Health Insurance Contribution to Retirees A. In addition to the City’s contribution toward retiree medical insurance (Section 7.8), excluding police safety and excluding fire safety retirees, the City will also reimburse an employee who concurrently retired from the City and from CalPERS and who participates in PEMHCA retiree medical insurance based on the Retiree Medical Benefit Eligibility schedule (below) (“an eligible retiree”). The eligible retiree shall be reimbursed four hundred thirty-five dollars ($435.00) per month for retiree only health insurance or five hundred sixty-seven dollars ($567.00) per month for retiree plus one or more dependents; provided, however, that neither the retiree nor any participating dependents are eligible for Medicare benefits.

Retirees may add new dependents during retirement, but the City will not increase its reimbursement to contribute towards the premiums for these new dependents. 1) When a retiree or surviving dependent becomes eligible for Medicare benefits, the monthly reimbursement shall be reduced to the amount deducted from the pension check for supplemental medical insurance and shall be no more than the reimbursement for which they are eligible described above. The City will not cover any Medicare costs. 2) Retirees may receive the reimbursement for which they are eligible described above for a non-PERS health plan if 1) the retiree resides in a non-covered CalPERS medical area, 2) the non-PERS health plan is selected at the same time that an employee drops a CalPERS health plan and 3) the retiree submits monthly proof of payment for the premium. Once such a selection is made, the retiree may opt back into a CalPERS health plan, but the City will not reimburse the retiree for any portion of the premium. 3) Retiree Medical Benefit Eligibility: To be eligible for the reimbursement described on Section 7.9, paragraph A, the retiree must (1) retire within 120 days of separation from the City payroll, (2) be enrolled in a CalPERS medical plan offered by the City at the time of separation and thereafter, and (3) meet the following service and age requirements:

Age 55+ 54 53 52 51 50
Full-Time Years of Service 10 12 14 16 18 20
Employees who retire in a CalPERS approved disability and have 10 years of service with the City shall also be eligible for City reimbursement towards medical benefits as described in Section 7.9, paragraph A.
4) Retirees shall be responsible for notifying the City of their eligibility for Medicare, or single, two party, or three-party status, within 30 days of such eligibility. If such status is not reported, the retiree shall be liable for refunding excess amounts received to the City.

B. Retiree Medical for Fire Executive Management:
1) The City will reimburse retiree medical premiums for employees retiring on or after July 1, 531
14 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO 2006, based on the following chart, and not to exceed 100% of the Kaiser Permanente Region 1 for the applicable coverage:

Full-Time Years of Service 25+ 15-24 10-14
Premium* 100% 90% 80%
*Percentage of the Kaiser Permanente Region 1 rate for the applicable coverage for single, double, or more than two dependents.
2) Retirees shall be responsible for notifying the City of their eligibility for Medicare, or single, two party, or three-party status, within 30 days of such eligibility. If such status is not reported, the retiree shall be liable for refunding excess amounts received to the City. 3) To be eligible for the benefits of this section, the retirees must retire (1) on or after August 1, 1988, and (2) retire within 120 days of separation from the City payroll, and (3) be enrolled in a PERS medical plan offered by the City at the time of separation and thereafter, and (4) be at least 35 years of age with a minimum of 15 years City service. 4) The payment for retirees set forth above shall be made monthly from the date of retirement until the retiree ceases to participate in the PERS medical program. If in the case of Medicare eligible, the retiree changes the number of dependents, the amount shall be reduced accordingly.
5) If a retiree qualifying for the benefits above is survived by a spouse who qualified as an annuitant (i.e., is continuing to receive a pension from the City), said surviving spouse shall receive all the benefits described above and is subject to the same administrative procedures.
6) Retirees shall be responsible for notifying the City of their eligibility for Medicare, or single, two party, or three-party status, within 30 days of such eligibility. If such status is not reported, the retiree shall be liable for refunding excess amounts received to the City.

C. Retiree Medical for Police Executive Management
1) The City will reimburse retiree medical premiums for employees retiring on or after January 1, 2007, based on the following chart, and not to exceed 100% of the Kaiser Permanente Region 1 for the applicable coverage:

Full-Time Years of Service 25+ 20-24 <20
Premium* 100% 75% 65%
*Percentage of the Kaiser Permanente Region 1 rate for the applicable coverage for single, double, or more than two dependents.

For purposes of determining Years of Service for members of the bargaining unit, all prior service as a safety member of 1) the California Highway Patrol; 2) any California Sheriff's Department; 3) any California Municipal Police Department; and/or 4) the Bay Area Rapid Transit District Police Department shall count as Years of Service with the City of Richmond upon the member's completion of five (5) consecutive years of service from the member's date of hire with the Richmond Police Department. 532
15 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO 2) Employees retiring on or after January 1, 1995, may receive the above percentage paid value towards a non-PERS health plan provided, the non-PERS health plan is selected at the same time that an employee drops a PERS health plan. When a retiree has dropped health coverage, they may opt back into the PERS plan during the annual open period, and the City will resume payments towards premiums based on the above formulas. 3) The payment for retirees set forth above shall be made monthly from the date of retirement until the retiree ceases to participate in a medical program, with the exception that if the retiree goes from having dependents to having no dependents, the City's contribution will be decreased accordingly.
4) After the first year of this plan, and on each succeeding anniversary, the monthly payment to the retirees in this section shall be reduced by $1.00 monthly. The total reduction shall not exceed $20.00, after which time there will be no additional deductions. 5) When an employee becomes eligible for Medicare, the City shall pay the above percentages not to exceed the second highest PERS health plans, that bargaining unit members are eligible for, Medicare premium. Retirees shall be responsible for notifying the City of their eligibility for Medicare within 30 days of such eligibility. If such status is not reported, the retiree shall be liable for refunding the excess amounts received. 6) If a retiree qualifying for benefits above is survived by a spouse who qualifies as an annuitant (i.e., is continuing to receive a pension from the City), said surviving spouse shall receive all the benefits described above and is subject to the same administrative procedures.
7) Retirees shall be responsible for notifying the City of their eligibility for Medicare, or single, two party, or three-party status, within 30 days of such eligibility. If such status is not reported, the retiree shall be liable for refunding excess amounts received to the City. 8) Surviving Spouse and Children of Police Executives – The City agrees to continue payment for health and welfare benefits for the surviving spouse of an officer killed in the line of duty and for the surviving children of such officer until each reaches the maximum age permitted by policy limitations.

D. Retiree Medical Benefit Conditions
The reimbursements set forth in this Section 7.9 – City’s Supplemental Retiree Health Insurance Contribution to Retirees shall be made monthly from the date of the first CalPERS pension check until the retiree ceases to participate in the CalPERS Medical program. If the retiree fails to report any of the changes in status (e.g., number of dependents enrolled; Medicare eligibility for self or dependent(s)) to the City within 30 days of their occurrence, the retiree shall be liable for refunding the excess amounts reimbursed by the City.

E. Retiree Medical Benefit Survivors
If a retiree qualifying for benefits above is survived by a spouse or registered domestic partner who qualifies as an annuitant (i.e., is continuing to receive a pension from CalPERS) the annuitant shall receive all the benefits described above if allowed by CalPERS rules. The annuitant will be subject to the same administrative procedures applicable to retirees.

7.11 Dental Plan
Employees are eligible for dental insurance coverage for the employee and eligible dependents 533
16 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO beginning first of the month following date of hire. The City shall contribute the full premium toward group dental plan benefits for employees and dependents $2,000 lifetime maximum for orthodontics per person. The maximum dental benefit (except for orthodontics) is $1,700 per year for PPO in-network dentist and $1,500 per year for an out-of-network dentist.

Employees may utilize the dentist of their choice to obtain dental care in the “PPO Network as specified in the Delta Dental Benefit Highlights. The City’s dental plan includes additional information regarding benefits.

7.12 Vision Plan
Employees are eligible for vision insurance coverage for the employee and eligible dependents beginning first of the month following date of hire. The City shall contribute the full premium for a no deductible group vision plan providing for well-vision exams and/or new lenses every twelve months and new frames every twenty-four months. The City’s vision plan includes additional information regarding benefits.

7.13 Life Insurance
Employees are eligible for life insurance coverage for the employee beginning first of the month following date of hire the City shall contribute the full premium toward group life insurance program providing for term life insurance equal to two times the employees’ annual salary to a maximum of $250,000.

7.14 Disability Insurance
Employees are eligible for disability insurance coverage for the employee beginning first of the month following date of hire. The City shall contribute the full premium toward disability insurance which, generally speaking, provides benefits of sixty percent (60%) of the employee’s pre-disability earnings, reduced by deductible income, after a thirty (30) day waiting period and benefits do not extend beyond age 65 for disability caused by accident and for a period not to extend five (5) years for disabilities caused by illness, whichever is lesser. The above coverage is subject to any terms and limitations of the agreement with the insurance carrier.

7.15 Employee Assistance Program
The City and the Union recognize the value and need for counseling and assistance programs to help employees deal with problems such as alcohol or chemical dependency, divorce, stress, psychological concerns, or other circumstances which can interfere with job performance and job satisfaction. Both parties view the EAP as a positive tool to help deal with these types of problems.

The EAP shall provide preventive materials and training as well as individual diagnosis, counseling, and crisis intervention. The City will contract with an Employee Assistance Program to provide up to five counseling visits without cost to the employee, per fiscal year.

A. Eligibility
The EAP is available to all bargaining unit employees and their families.

B. Referrals
Referral procedures will be designed to facilitate (a) self-referrals, (b) management referrals, (c) union referrals, (d) medical referrals, and (e) family referrals. After seeing a particular individual, the program may refer the client to other agencies, services, or facilities, when appropriate. The ultimate decision to accept assistance through the program shall be reserved to the individual employee, but management may refer employees to the program. 534
17 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO C. Confidentiality
In the case of management referrals, the City shall, upon request, be informed of employee attendance in the program and whether the employee completed the program successfully.

All other information shall be strictly confidential and shall be released only when requested by the employee.

D. Job Security
Referral to or participation in the diagnosis or counseling services of the EAP will not jeopardize any employee’s job security or promotional opportunities.

E. Report and Evaluation
At least once every calendar year, the parties shall conduct a joint review of the EAP to evaluate utilization and potential areas of improvement.

F. Contractual Rights and Obligations
An employee participating in the program shall be expected to meet all contractual obligations and established work rules, unless waived by mutual agreement of the City and the Union. Said employee shall have full access to the grievance procedure and other contractual protection.

7.16 Allowances
A. Professional Development Package
Upon the submission of appropriate documentation to the City, employees, excluding police management employees, represented by the Union shall be entitled to receive up to $750 per fiscal year for personal and professional development, to include computer hardware or softwareEffective the first full pay period after Council approves this MOU, an additional $500 reimbursement is available for employees represented by the Union to use in the 2025/2026 fiscal year. Effective July 1, 2026, employees represented by the Union shall be entitled to receive up to $1,250 per fiscal year. Any amounts not used by the end of the fiscal year, (June 30) shall not be carried to the succeeding fiscal year. .

B. Relocation
When an employee moves at least fifty (50) miles from their previous residence in order to accept a new position covered by this agreement, the employee shall be reimbursed up to $5,000 for reasonable moving expenses upon submission of receipts documenting the expenses incurred.

7.17 Certifications
The City will reimburse each employee in an attorney or professional engineering classification the cost of professional registration and licensing certificates.

A. The City will reimburse expenses related to required certifications such as for attorneys and professional engineers including annual professional association dues. Professional associations for which this contribution will be made must be approved in advance by the department director.

B. The City Manager may approve payment of dues, membership, conference fees and travel, 535
18 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO expenses related to the employee's professional and industry standing and where such activities serve to benefit the City.

C. Upon approval of the employee’s department director, the City will pay for the employee’s professional association membership.

7.18 Safety Shoes and Uniform Allowance
A. City agrees to reimburse employees up to three hundred dollars ($300) per calendar year to offset the cost of purchasing safety shoes. Parties agree that such reimbursement shall be related to those classes of employees who have need of safety shoes in the performance of their duties. Parties further agree that evidence of purchase must accompany requests for such reimbursement. Employees to whom the City provides safety shoe reimbursement shall be required to wear them in the course of their work.

B. Public safety employees responsible for supplying and/or maintaining their own uniforms shall receive an annual allowance of eight hundred dollars ($800). In the event this amount is increased for Fire or Police employees this amount shall be increased to match the amount received.

7.19 Deferred Compensation
A. A Deferred Compensation Program as established by the City Council is available to all employees employed in regular or limited-term positions. Such programs are hereby incorporated by reference.

B. The City shall contribute an amount equal to 2.0% of each bargaining unit employee’s semimonthly base salary into their 401(a) deferred compensation account each pay period.

7.19 Longevity Pay
An employee who has completed five years of service at the City will receive longevity pay in the amount of 2.0% of base salary effective the first full pay period following their fifth anniversary date.

An employee who has completed ten years of service at the City will receive an additional longevity pay in the amount of 2.5% of base salary effective the first full pay period following their tenth anniversary date, increasing their total longevity pay to 4.5%.

An employee who has completed twenty years of service at the City will receive an additional longevity pay in the amount of 4.5% of base salary effective the first full pay period following their twentieth anniversary date, increasing their total longevity pay to 9.0%.

SECTION 8 – LEAVES

8.1 Leaves of Absence Without Pay
The City Manager may grant leaves of absence without pay for a period not to exceed one (1) year.

A. At the City Manager's sole discretion, they may approve a sabbatical for up to one year for employees represented by the Union to encourage professional or personal development for an employee with six or more years of City service. Union and the City agree that the City shall only provide medical, dental and vision benefits during the sabbatical. Sabbatical is not a right but a privilege and is not an expected benefit for every employee.

B. No employee shall be granted a leave of absence without pay for a period in excess of three 536
19 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO (3) days unless:
1) They make written request of their Department, or for department directors to the City Manager, stating the reasons;
2) The department director or City Manager recommends it; 3) The Director of Human Resources recommends favorable action to the City Manager; and
4) The City Manager approves it.

C. A request for leave of absence without pay for a period of three (3) days or less may be granted to an employee by their department director, or for a department director by the City Manager.

D. Failure on the part of an employee to report promptly at the expiration of their leave may be considered a cause for disciplinary action or discharge.

E. An employee who has taken a leave of absence without pay for a total of thirty (30) days or more within a given service year shall have their anniversary date set back by the time in excess of the thirty 30 days. Leaves of absence without pay for a period totaling less than thirty 30 days in the given service year shall have no effect on the employee's anniversary date. This computation applies only to the anniversary date for determination of vacation leave accrual. In the case of the employee anniversary date for impending lay-off, all time taken as a leave of absence without pay will be subtracted, in establishing the anniversary date.

F. The City Manager, upon recommendation of the department director and the Director of Human Resources, shall have the authority to grant leaves of absence with pay. The manner of and the condition for granting such leaves shall be prescribed by the City Manager, except that where a leave of absence with pay is to extend for a period of more than two (2) calendar weeks, it shall require specific approval of the City Council.

G. All employees are expected to be at work each day or inform their supervisor of each day they will be absent. An unexcused absence of three consecutive days or more shall be deemed job abandonment and shall be an automatic resignation as of the last date on which the employee worked. The City will make the following attempts to contact such employees: first class mail; registered mail; and phone calls to their last known address and emergency contact person, if known. If the City receives no response and has not been contacted by the employee, the employee will be considered as having resigned.

H. If the employee or an authorized representative of the employee contacts the City Director of Human Resources within 15 calendar days of the date of resignation requesting reinstatement, the City will, on a case-by-case basis, review the circumstances of the employee's absence and decide whether or not to reinstate the employee within 15 working days. This provision in no way limits the discretion of the City to discipline an employee for his or her absence without leave.

8.2 Bereavement Leave
Employees shall be eligible for the Bereavement Leave under the provisions specified below. Use of leave under this Section runs concurrently with leave under Administrative Policy 313.

A. Upon the death of an employee’s family member as that term is defined in this section the 537
20 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO employee shall have a right to take up to five (5) days of Bereavement Leave for each such death. The days of Bereavement Leave need not be consecutive. The Bereavement Leave shall be completed within three (3) months of the date of the death of the family member.

B. Up to four (4) workdays of Bereavement Leave shall be paid. The remainder of the five days of Bereavement Leave shall be unpaid, except that an employee may use vacation, sick leave, administrative leave, or other paid leave that is otherwise available to the employee.

C. Usage of the foregoing provisions of this section shall be subject to the approval of the department director, City Manager or designee, or their fully authorized representative.

D. One (1) day of paid Bereavement Leave is available to attend services for relatives not meeting the definition of “family member” as defined in this section. These would include nieces, nephews, and cousins.

E. “Family Member” for purposes of this section is defined as spouse, child, stepchild, parent, stepparent, guardian, grandparent, grandchild, uncle, aunt, sibling, step-sibling, parent-inlaw, sibling-in-law, minors living as a member of the family, and registered domestic partners.

F. Absence by eligible employees due to the death of persons other than those specified in this Section shall be either in no-pay status or as vacation, administrative leave, or other paid leave that is otherwise available to the employee, except sick leave, in amounts as needed.

8.3 Sick Leave
A. Accrual Rate
Each eligible employee shall accrue sick leave credits at the rate of one (1) day per month of service beginning thirty (30) calendar days immediately following original appointment.

There shall be no limit on the number of sick leave days that an employee may accumulate.

B. Payment for Unused Sick Leave (Annual)
Each eligible employee who has used five (5) days or less of sick leave during the preceding calendar year may elect to receive pay for twenty-five percent (25%) of the sick leave earned during the preceding calendar year less the amount of such leave used during the same period. At the employee's option the payment for unused sick leave may be converted to equivalent vacation time. Employees shall express their preference by written request to the Director of Finance no later than January 15 each year, and payment will occur no later than February 15 each year. When an employee elects to receive payment in cash or vacation time, their sick leave balance shall be reduced by the amount paid off in cash or converted to vacation. Sick leave not converted to vacation or cash will remain on the employee’s credit.

To be eligible for this provision, an employee must have been a full-time employee for two (2) years prior to the calendar year on which the pay for unused sick leave calculation is based.

C. Conversion of Sick Leave to Pension Credits
Those employees who are members of the Public Employees Retirement System (PERS) and who retire from City employment shall be entitled to convert all unused sick leave credits to service credit for the purpose of calculating retirement benefits at the rate of .004 years of service for each unused day of sick leave in accordance with the provisions of Section 20862.8 of the California Government Code.

D. New Executives who are appointed from another public agency, into a classification represented by IFPTE, Local 21 shall be able to transfer fifty percent (50%) of their accrued 538
21 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO sick leave balance with that agency, not to exceed two hundred (200) hours.

E. General Provisions
Each eligible employee may use sick leave to care for a member of their immediate household (e.g., spouse, child, and registered domestic partner) and for a parent living outside the home who is incapacitated through illness or injury. The maximum amount of sick leave that may be used for this purpose in any one calendar year shall be 10 working days. Such usage of sick leave shall be within the amount specified in the Accrual Rate subsection of these provisions.

Sick leave properly may be used for the following or similar purposes: illness, non-job disability, dental care, diagnosis, and therapy when requested or ordered by competent medical-dental authority, and family illness or injury.

F. A doctor's certificate of disability, indicating the nature of the disability must be furnished on the request of the City Manager or department director and at such time thereafter during the same sick leave as the City Manager or department director shall deem necessary. In any event, a doctor's release to return to work shall be mandatory after seven (7) consecutive workdays of sick leave.

G. Each department director is responsible for ensuring that these sick leave provisions are neither abused nor misused. This requirement shall include, but is not limited to, maintenance of simple, accurate written records, which are subject to audit.

H. Sick leave shall be used in no less than four-hour periods. Time off for four hours or less will not be charged to employee’s sick leave.

I. Sick Leave Cash Out at Separation (Public Safety Only) Fire safety management employees represented under this collective bargaining agreement who retire from City service shall be entitled to receive pay for their accumulated sick leave at the same rate and terms afforded to fire management employees represented by the Richmond Fire Management Association.

Police safety management employees represented under this collective bargaining agreement who retire or separate in good standing from City service shall be entitled to receive pay for their accumulated sick leave, at the same rate and terms afforded to police management employees represented by the Richmond Police Management Association.

8.4 Parental Leave
In the event of a birth or adoption of a child, parental leave is available as follows:

A. All parents, birth or adoptive, shall be granted a leave of absence without pay for a period up to four months. An additional two months shall be granted to the birth parent with appropriate medical documentation. During this leave the City will continue to pay the premium for the CalPERS medical and cafeteria plan. During this leave the employee shall be entitled to full access to long term disability insurance, subject to the terms of the LTD policy.

B. All parents granted a leave of absence as described above, shall receive four weeks of paid leave as part of their parental leave.

8.5 Family and Medical Care Leave
The City provides family and medical care leave pursuant to State and Federal law. For reference, City Administrative Policy 315 addressing family and medical care leave (as of the effective date of this MOU) is attached to this MOU as Attachment C. 539
22 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO

8.6 Jury Duty
A. A City employee ordered to jury duty during the employee’s regularly scheduled work hours shall be entitled to their regular City pay during actual jury services. The following shall apply:
1) Employees shall pay immediately to the City such amounts of money as they receive as per diem but shall be entitled to keep such mileage payments as are made to them. 2) All employees generally shall willingly accept ordered jury duty as one of the obligations upon all eligible citizens.
3) Employees shall properly inform the officials who control jury duty of such unusual factors in their City jobs, including workload, as the jury officials might judge to be adequate grounds for deferral of or excuse from jury duty. 4) Such leave may be based upon, but is not limited to, coroner, superior court, and federal jury duty.
5) Each employee shall expeditiously report their probable absence for jury duty and must report promptly the termination of active jury service. Employees whose shifts and days off are other than day shift Monday through Friday, shall be temporarily assigned day shift Monday through Friday for the duration of jury duty. Employees will be expected to give two weeks or more notice of their call for jury duty.

8.7 Military Leave
A. Military leave shall be granted in accordance with the provisions of California State Law. All employees entitled to and taking military leave shall give the department director the right within the limits of military necessity and regulations to determine when such leave shall be taken. When an employee is called for and serves extended active duty in the military (including annual reserve training), the City will pay the difference between the employee’s City pay and their extended active duty pay for a period of up to twelve months, if the employee's City pay is higher than the military pay. If the employee applies to the Public Employee Retirement System for CalPERS credit, and is approved, the City will make the necessary contributions as if the employee had been receiving full City paid salary while on extended active duty, for a period of up to twelve months.

B. No person shall be appointed permanently to a position from which another is on military leave, provided that nothing contained in this section shall prevent an employee originally appointed to a military leave vacancy from obtaining a permanent appointment to another position in the same class in the event a vacancy should occur through death, retirement, resignation, promotion, demotion, transfer, or other action not related to military leave.

C. This section, Military Leave, shall not apply to any employee in a class covered by this memorandum of understanding, who was a City employee on July 1, 1981, and as of that date, was an active member of a reserve military unit.

8.8 Vacation Leave
A. Rate at Which Vacation Leave Shall Accrue for Full-Time Employees In recognition of Executives’ exempt status under FLSA, time off for vacation leave purposes shall not be deducted from a Manager’s vacation accrual when the employee has worked at least half of the workday.

B. The authorized annual vacation leave accrual for employees shall be:
540
23 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO Working Days Years of Service
10 1-3
15 4-10
20 11-15
25 16-30
30 30+
C. Other Limitations on Vacation Leave and Accumulation of Vacation Leave:
1) At any time during the year when four (4) vacation periods are accrued, the employee will cease earning vacation until the employee has utilized vacation and their balance has fallen below the maximum accrual, shown below. Each time the four-year maximum accrual is reached, the employee shall stop accruing additional vacation. There will be no exceptions or waivers of the four annual vacation period accrual limit.

Maximum Accrual Years of Service
40 working days 1-3
60 working days 4-10
80 working days 11-15
100 working days 16-30
120 working days 30+
D. One-time Vacation Credit
The City Manager may authorize newly appointed executive employees with a one-time credit not to exceed eighty (80) hours upon hire date, eligible to use at time of hire.

However, if the new executive employee separates from City service prior to the completion of twenty-four months of service, the balance of credited vacation hours from this section shall be forfeited. An employee who receives a one-time vacation credit may not use more than ten (10) days of vacation leave in their first twelve consecutive months of employment at the City.

E. Effects of Holidays and Vacation Leave
In the event one or more municipal holidays fall within a vacation leave, such holidays shall not be charged as vacation leave and the vacation leave shall be extended accordingly.

The provisions of this section shall not apply to the incumbents of those positions in which holidays, due to the necessity of public health and safety, are normal working days.

F. Effect of Extending Military Leave on Vacation Leave For the purpose of determining length of service, time spent on military leave from City service shall be counted as time spent in the service of the City.

G. Vacation Amounts at Termination of Active Employment Following termination of active employment from whatever cause, the City shall pay to the employee or the estate such vacation as was due to the employee at termination, subject to the limitations set forth in Sections D above and J below.

H. Reinstatement
Upon reinstatement or reemployment to the Classified Service, an employee's anniversary date, for the purpose of computing vacation rights, shall be the original appointment date less the time absent from the City payroll.
541
24 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO I. Credit for Prior Employment
The City Manager or designee may grant executive employees newly-hired by the City the accrual rate for vacation commensurate with the employee’s total combined public sector service, or other relevant private sector experience on a case-by-case basis at the discretion of the City Manager or designee. If the newly appointed employee separates from service prior to the completion of twenty-four months of service, vacation earned based on credited prior employment shall be forfeited. An employee who receives a higher accrual rate under this section may not use more than ten (10) days of vacation leave in his or her first twelve consecutive months of employment at the City.

J. Sell-Back
Annually, employees with at least two (2) years of full-time, regular service shall have the option to sell back up to twenty (20) workdays of accumulated vacation time per calendar year. Employees must irrevocably elect to sell back such leave by submitting a form provided by the City no later than November 15 in the year prior to the sell back, consistent with Internal Revenue Service (IRS) Constructive Receipt rules. Payment of sold vacation time shall be made on the second payroll in December of the year following the election.

8.9 Injury Leave Payments
A. Any City employee, who is unable to work because of bodily injury or illness which occurs while they are acting within the course and scope of their employment, shall be paid their full salary up to a maximum of twenty-six (26) weeks, over a period not to exceed eighteen (18) months, from the date of injury, subject, however, to the following conditions:

B. If any employee exhausts their twenty-six (26) weeks of full pay as described above, and continues to be temporarily disabled, they will be paid the appropriate temporary disability as prescribed by the Workers’ Compensation code up to the maximum permitted.

C. When an employee returns to work or is medically determined to be permanent and stationary, or receives a disability retirement, the City's liability for temporary disability payments or salary continuation will be terminated. They may still be eligible for vocational rehabilitation maintenance.

D. During the time the employee is entitled to receive total temporary disability compensation payments, the City's liability is in accordance with the law but will not be greater than regular salary.

E. In the event that it is determined from competent medical evidence that an employee is no longer temporarily disabled, the City shall discontinue temporary disability payments or salary continuation. The employee may appeal this decision to the Workers’ Compensation Appeals Board.

F. When an employee is determined to be permanent and stationary, and it is determined from competent medical evidence that they are a qualified injured worker and unable to physically or mentally (psychologically) perform the full duties of their position, the employee has the option to immediately apply for a disability retirement, if eligible, or, if not eligible, to resign voluntarily. Failure to resign in such circumstance may result in termination from employment by the City in accordance with City policy. An employee who feels their rights are being violated due to their disability may file an internal complaint through the Human Resources 542
25 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO Department utilizing the City's Americans with Disabilities Act complaint procedure and file for status under the Americans With Disabilities Act.

G. An employee absent on injury leave who is medically certified able to return to full duties shall return to work on the return-to-work date. Failure to do so may subject the employee to discipline.

H. During the time that an employee is disabled by reason of bodily injury or illness resulting from the course and scope of their employment, neither their vacation leave nor sick leave account shall be charged for the purpose of paying compensation leave benefits during said period. They may, with the approval of the department director, use vacation time, if needed.

If a claim is delayed for any reason and the employee is disabled, they may use sick leave until there is a decision on whether the disability is work related.

I. An employee absent from duty on paid injury leave under this Section 8.9 shall have such absence considered as "service" for purposes of computing rate of sick leave and vacation leave. This does not apply if an employee is no longer on salary continuation (off payroll) receiving temporary disability benefits.

J. An employee who is medically certified to be a qualified injured worker and no longer able to perform the full duties of their position will continue to receive Worker's Compensation benefits provided by law, if applicable.

K. In the event that an employee's injury or illness results from the carelessness or negligence of a third party, the City of Richmond will have the right of subrogation for reimbursement of salary and benefits paid by the City under the Self Insurance Program.

L. An employee may be seen by a doctor of their choice when injured on the job, if the employee has designated that doctor in writing with the Department of Human Resources prior to the injury. As permitted by State Law, the City may also require an injured employee to be evaluated by a City designated physician or specialist.

8.10 Court Appearances
A. Employees occasionally are required, by subpoena or otherwise, to be present at Court proceedings in connection with their City employment. Such Court appearances shall be in a full duty status. Employees are entitled, through normal administrative procedures, to payment by the City for out-of-pocket expenses.

B. Employees required, by subpoena or otherwise, to be present in Court not in connection with their City employment shall make such Court appearance either in no-pay status or on vacation time.

8.11 Administrative Leave
A. Employees represented by the Union shall be eligible to receive twelve (12) days of Administrative Leave each Fiscal Year. Administrative Leave must be used in full day increments and may not be cashed out or carried over the following year.

B. Administrative Leave will be available after six months employment pro-rated for newly hired employees who have worked less than a full fiscal year. Administrative Leave will be prorated for those employees, but it still must be used in full day increments. After six months employment the employee will be credited with three days Administrative Leave and will receive one additional day for each remaining three months of the fiscal year they work. 543
26 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO

8.12 Holidays
A. All regular, full-time classified employees shall be allowed a fully paid leave of absence on the following named holidays:

New Year's Day January 1
Martin Luther King Jr. Birthday Third Monday in January Presidents' Day Third Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Admission Day September 9
Columbus Day Second Monday in October
Veteran's Day November 11
Thanksgiving Holiday Fourth Thursday in November
Day following Thanksgiving the Friday following Thanksgiving Christmas Day December 25
B. In addition to the holidays listed in the preceding paragraph, each employee shall be granted six (6) days of paid floating holidays per calendar year which may be taken at any time during the calendar year subject to the approval of the employee's department director. Said holidays must be taken during each calendar year and may not be carried over from one calendar year to the next. To be eligible for such holiday, an employee must have been working for the City prior to September 1 of the calendar year.

C. When a holiday falls on Sunday, the Monday following shall be considered as a holiday. When a holiday falls on Saturday, the Friday preceding shall be considered as a holiday. When such holiday falls on a regular day off, the employee shall be entitled to an additional day off.

SECTION 9 – RETIREMENT SYSTEM
A. The City will maintain its contract with the California Public Employees’ Retirement System (CalPERS) and the benefits currently provided there under. Any disputes between this Section 9, Retirement System, and CalPERS are not subject to the grievance procedures in this MOU and CalPERS’ interpretation, application, governance (et cetera) of said dispute shall apply.

B. PEPRA Basic Retirement Formula
For employees required by law to participate in the Public Employees’ Pension Reform Act of 213 (“PEPRA”) PEPRA tier, the PEPRA established a miscellaneous pension formula of two percent (2%) of pensionable compensation for each of qualifying service at the normal retirement age of sixty-two (62) years. For purposes of this formula, CalPERS will calculate an eligible retiree’s pension based on the average annual pensionable compensation earned by the member during the thirty-six (36) consecutive month period immediately preceding retirement or any other period of thirty-six (36) consecutive months during the member’s applicable service that the member designates.

C. Pre-PEPRA 2.7% at Age 55 Formula Tier
The City contracts with CalPERS to provide miscellaneous retirement (2.7% @ age 55) for non544 27 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO safety employees in the bargaining unit who are not required by law to participate in the PEPRA Tier. This pension formula of two and seven-tenths percent (2.7%) of pensionable compensation for each year of qualifying service at the normal retirement age of fifty-five (55) years. For purposes of this formula, CalPERS will calculate an eligible retiree’s pension based on the average annual pensionable compensation earned by the member during the twelve (12) consecutive month period immediately preceding retirement or any other period of twelve (12) consecutive months during the member’s applicable service that the member designates.

D. CalPERS Pension Formula for Safety Management Employees Fire safety management employees represented under this collective bargaining agreement shall participate in the same PEPRA Tier or non-PEPRA Tier retirement formula, including any CalPERS retirement contract amendments, as fire management employees represented by the Richmond Fire Management Association.

Police safety management employees represented under this collective bargaining agreement shall participate in the same PEPRA Tier or non-PEPRA Tier retirement formula, including any CalPERS retirement contract amendments, as police management employees represented by the Richmond Police Management Association.

E. Employee Contributions toward CalPERS Retirement Benefits All members of a PEPRA Tier will contribute toward the PEPRA Tier an employee contribution in an amount equal to not less than fifty percent (50%) of the normal cost of this PEPRA Tier, as determined from time to time by CalPERS.

All members of a non-PEPRA Tier pension formula will contribute the applicable CalPERS member contribution as established by statute and administered by CalPERS.

F. Pre-Tax Treatment of CalPERS Member Contributions
To the extent permitted by applicable law, employee contribution toward the employee’s CalPERS contributions made pursuant to this MOU will be deducted on a pre-tax basis pursuant to and in accordance with Internal Revenue Code section 414(h)(2).

SECTION 10 – WORKING CONDITIONS

10.1 Meal Periods and Rest Periods
Employees shall be assigned a one-half (1/2) or one (1) hour unpaid meal period each day within a two (2) hour period at midpoint of each shift, and a fifteen (15) minute paid rest period during the first half of the work shift and another fifteen (15) minute rest period during the second half of the work shift.

10.2 Working Hours
A. Departmental Working Hours
All offices of the City Government, except those for which special regulations shall be issued by the City Manager, shall be kept open each day except Saturday, Sunday, and holidays continuously from 8:30 A.M. until 5:00 P.M.

B. To assist in the orderly administration of the City Government, the following definitions shall be used:
1) The calendar week shall begin at 12:01 Sunday morning and shall end at 12:00 midnight 545
28 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO Saturday.
2) The "work week" shall be the normal, total working hours within the calendar week for each City employee.
3) The "normal workday" for all regular, full-time employees shall be one fifth of the "work week" as established for the classification/department.

C. The City Manager shall have the obligation and the right, when the needs of the City service clearly require, to establish on a regular continuing basis, workdays which are different from those herein defined in this section.

10.3 Length of Work Week
City employees generally shall have the following work weeks:
• General government employees at the Civic Center 37.5 hours; • All other City employees 40 hours.

10.4 Attendance
Employees shall be in attendance at their work in accordance with the rules governing hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees which shall be reported on the payrolls. Absence without leave may be cause for disciplinary action.

SECTION 11 – PERSONNEL PROVISIONS

11.1 Severance Pay
A. An employee who is laid off due to reduction in force shall be entitled to severance pay in the amount of six (6) days of unused sick leave for each year of continuous service up to a maximum of thirty (30) days’ pay. Any such employee who is laid off and subsequently reemployed by the City shall only be entitled to receive severance pay for those workdays during which the individual was not in employment status.

B. An employee who is laid off due to reduction in force shall be entitled severance pay as follows: six (6) months salary continuation and six (6) months continuation of medical and related insurance at the level of City contribution agreed to in the Memorandum of Understanding.

C. The City will meet with individual employees to attempt to reduce the impact of income tax liability resulting from severance payments.

11.2 Probationary Period
Employees in this bargaining unit do not serve a probationary period, are designated as at-will, serve at the discretion of the Appointing Authority, and may be terminated any time by the Appointing Authority.

11.3 Resignation
A. An employee wishing to leave employment in good standing shall file with their supervisor at least 14 days before leaving the service, a written resignation stating the effective date and reasons for resigning.

B. Once a written resignation is submitted to management, it can only be rescinded with the agreement of the City Manager; otherwise, it is automatically accepted. 546
29 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO C. Failure to comply with this section shall be entered on the employee's service record and may be cause for denying future employment with the City.

11.4 Transfer
A. All vacancies shall be posted on appropriate bulletin boards for at least 14 calendar days so that present City employees may request transfer.

B. Employees wishing to transfer within the City, must respond to position announcements in writing to the Human Resources Department.

11.5 Reassignment
A department director shall have the right to reassign any employee from one position to any other position in the same or similar class in their department following notice to the employee and providing the opportunity to meet regarding the reassignment. In the best interests of the service and upon the recommendation of the Director of Human Resources, the City Manager may reassign an employee to any other department within the City whether or not they request it.

11.6 Nepotism
A. In order to avoid real or perceived favoritism, no employee (permanent, temporary, or seasonal) may be in a direct or indirect supervisorial position over a member of their immediate family nor may members of an immediate family report to the same supervisor.

For purposes of this Section, “immediate family” includes husband, wife, children, registered domestic partner, parents, grandparents, grandchildren, brother, or sister.

B. Where a work relationship as described in Section 11.6 Nepotism, paragraph A (above) exists, the City will act only if there is a “problem” created by the immediate family relationship. A “problem” is the existence of a real or perceived act(s) of favoritism, unusual treatment, conflict of interest, unequal supervision, or unacceptable work behavior due to or related to the immediate family relationship which is not in the best interests of the morale, safety, health, security, or effectiveness, as determined by the City Manager.

C. In the event of a “problem”, the City will make every effort to remedy the situation as internal transfer opportunities occur without financial hardship to the employee(s). After every effort to remedy the situation has been made and the problem continues unabated, this provision in no way expands, diminishes, or in any way changes, alters, or modifies the existing authority of the City Manager to correct the problem.

11.7 Personnel Files
Employees may inspect their personnel files in the Human Resources Department. An employee will be given a copy of any derogatory information placed in the personnel file.

SECTION 12 – GRIEVANCES, DISCIPLINARY ACTIONS, AND APPEALS

12.1 Grievance Procedure:

A. Definition of a Grievance:

A grievance is an allegation by the Union or one or more employees that the City has violated the Memorandum of Understanding (MOU) concerning the interpretation, enforcement, or application of a specific provision of this MOU.

B. Time Limits:
547
30 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO All days are calendar days. The employee and/or the Union must initiate a grievance within fourteen (14) days of the occurrence of the dispute or fourteen (14) days from such time as the employee could have been aware of the problem. At each grievance procedure step, the City representatives shall have fourteen (14) days to respond to the grievance. The Union or employee shall have fourteen (14) days from receiving notice of a rejected grievance to forward the grievance to the next higher step except in the case of moving the grievance to arbitration. These time limits may be extended by mutual agreement of the parties. Failure of the Union or employee to act within the specific time limits, unless mutually extended, shall dismiss, and nullify the grievance. Failure of the City to observe such time limits, unless mutually extended, shall cause the grievance to be moved to the next higher step.

C. Compensation Complaints:

All complaints involving or concerning the payment of compensation shall be initially filed in writing to the Director of Human Resources. Only complaints which allege that employee(s) are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the MOU which result from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than three (3) years from the date upon the grievance was filed.

D. Grievance Processing:

1. Step 1, Department Director:

An employee (or Union) who believes that they have a grievance shall discuss their complaint with the employee’s department director. This meeting shall be held in an effort to resolve the grievance informally. The department director will have fourteen (14) days from the date of the informal discussion to respond to the filer of the grievance.

If an agreement is reached to resolve the issue, the department director will confirm the outcome in writing.

If the grievant is the department director, the first level grievance shall be filed directly with the Director of Human Resources and the grievance procedure shall continue in accordance with the provisions of this section.

2. Step 2, Director of Human Resources:

If the grievance is not resolved at Step 1, the employee and/or the Union shall submit the grievance in writing to the Director of Human Resources. The Director of Human Resources shall meet with the grievant and/or the Union and give a written answer to the grievance. If the grievance is rejected, the Director of Human Resources shall give the grievant and/or the Union the reasons therefore in writing.

3. Step 3, City Manager:

If the grievance is not resolved at Step 2, the grievant and/or the Union may submit the grievance to the City Manager and a meeting with the City Manager may be requested with all designated parties to air the complaint. If the City Manager rejects the grievance, written notice of such rejection and the reasons therefore shall be given to the employee and/or the Union.

4. Step 4, Arbitration:
548
31 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO If the grievance remains unresolved, the Union may request arbitration no more than thirty (30) days following issuance of the Step 3 response. An impartial arbitrator may be designated by mutual agreement between the Union and the Director of Human Resources or designee. In the event the parties are unable to agree on an arbitrator, the parties shall request a list of seven (7) arbitrators from the State Mediation and Conciliation Service. After the receipt of the list, following the toss of a coin with the Union predicting either heads or tails, the Union (if the “winner” or the City if the Union is not the “winner”) shall strike the first name and the parties alternatively strike arbitrator names from the list until one name remains. (The process of moving up the names if the arbitrator is unavailable during the next ninety days shall continue until an arbitrator is timely available.) Any fees and expenses and of the arbitrator shall be shared equally by the Union and the City. Each party shall bear the costs of its own presentation, preparation, and briefs, etc.

The arbitrator shall have access to all written statements and documents relevant to the grievance. The arbitrator shall render a decision no later than thirty (30) days after the conclusion of the hearing. The arbitrator’s decision shall be in writing and shall be final and binding on both parties and made in accordance with, and in conformance to, the terms of the Memorandum of Understanding. Copies of the decision will be furnished to both parties. The Union and the City may, by mutual agreement, extend timelines described in this Arbitration section.

An arbitrator shall have no authority to add to, delete or alter any provision of this Memorandum of Understanding, but shall limit the decision to the scope, application, and interpretation of the provisions of this Memorandum of Understanding and may issue no decision that would require either party to violate existing law. The Union and the City may, by mutual agreement, agree for the arbitrator to retain jurisdiction over issues of remedy.

12.2 Disciplinary Proceedings
Employees are disciplined or terminated as “at-will” employees and serve at the discretion of the Appointing Authority and may be terminated at any time by the Appointing Authority. Employees do not have the right of appeal except as specifically provided below.

A. Disciplinary actions subject to appeal are dismissal from employment, suspension without pay of greater than five (5) workdays, demotion to a classification with a lower maximum pay rate, or a reduction in pay greater than the employee’s base pay rate earnings over five (5) workdays.

B. Discipline which is subject to appeal shall include the reason(s) for the disciplinary action.

C. Disciplinary actions may be appealed in writing to the City Manager or designee within fifteen (15) calendar days of the date the Notice of Discipline is provided to the employee. The City Manager or designee shall have twenty-one (21) calendar days following receipt of the appeal to investigate the issues, meet with the employee and their representative (if the employee brings a representative) and attempt to reach a satisfactory resolution and issue a written decision.

If the City Manager assigns a designee to hear the disciplinary action appeal, then the designee shall be from a department which is different from which the employee is (and/or was) assigned.
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32 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO The City Manager’s or designee’s disciplinary action appeal decision shall be final and binding and shall not be subject to any other appeal.

SECTION 13 – FULL UNDERSTANDING
The parties understand that the agreements set forth herein are final. No change or modifications shall be offered, urged, or otherwise presented by the Union or the City prior to June 30, 2028. However, nothing herein shall prevent the parties to this Memorandum of Understanding from meeting and conferring and making modifications herein by mutual consent.

SECTION 14 – RETROACTIVITY
All provisions of this Memorandum of Understanding are effective upon ratification by the City Council, unless specifically noted as being effective upon an earlier date.

SECTION 15 – MISCELLANEOUS PROVISIONS

15.1 Weingarten Rights
A. The U.S. Supreme Court has ruled that an employee is entitled to have a Union representative present during any investigatory interview which may result in discipline. This entitlement is referred to as an employee’s Weingarten Rights.

B. The employee must request that a Union representative be called into the meeting.

C. The employee must have a reasonable belief that discipline will result from the meeting.

D. The employee has the right to know the subject of the meeting and the right to consult a Union representative prior to the meeting to get advice.

E. The Union advises an employee not to refuse to attend a meeting if a steward is requested but denied. The Union suggests the employee attend the meeting and repeatedly insist upon the right to have a Union representative present. If this fails, the Union suggests that the employee not answer any questions and take notes.

15.2 Catastrophic Leave

15.4 The City’s Catastrophic Leave policy is attached hereto as Attachment B.Meeting on Compaction for Safety Members
Within 60 days of City Council approval of all public safety units’ successor MOUs, City and Union shall meet to discuss salary compaction issues impacting public safety executive unit positions. Union shall be responsible for identifying all salary compaction issues the union believes exist and shall provide the City with evidence of said compaction concerns prior to the meeting. One meeting shall satisfy the requirements of this section. However, the parties may schedule subsequent meetings if mutually agreed upon
SECTION 16 – SEVERABILITY OF PROVISIONS
In the event one or more provisions of this Memorandum of Understanding are declared by a Court or administrative body of competent jurisdiction to be illegal or unenforceable, such finding shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

SECTION 17 – REPRESENTATION RIGHTS

17.1 Specific Limitations on Representation Rights:
550
33 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO A. Maximum of Four Designated. The City may, at its discretion, designate up to three members of the above classes to actively assist the City during collective bargaining. Any individuals so designated shall be placed on "restricted status" during the period of "active" collective bargaining. Individuals may be designated to actively assist the City in the following units: (1) general employees (SEIU Local 1021); (2) fire employees (Local 188 and fire management); and (3) police employees (RPOA and police management). Only one individual shall be actively assigned per unit, although one individual may be assigned to actively assist in all management negotiations. No Union member shall be actively assigned to assist the City in this unit’s negotiations. If police and police management, or fire and fire management, are open simultaneously, only one of this unit’s managers will be responsible for active assistance in fire or police as the case may be.

B. Definition of Active Assistance. In order to be considered “actively assisting" the City during collective bargaining, said individual must be present during collective bargaining, or have direct knowledge of strategies and planning in regard to the assigned collective bargaining.

The period of “active participation" shall commence no sooner than 60 days prior to the commencement of formal negotiations and shall terminate upon finalization of negotiations between the City and the bargaining unit.

C. Nature of the Restriction. Any individuals who are in “restricted status" shall be excluded from any meetings or deliberations of the Union, its officers, agents, employees, or members, which cover the topics of collective bargaining. In addition, confidential information acquired from collective bargaining shall not be disclosed to the Union, its officers, agents, employees, or members by said individuals.

D. Definition of Collective Bargaining. Collective bargaining, as defined herein, applies to formal contract negotiations, mid-contract term re-opener negotiations, or other mid-contract term negotiations provided said restricted employee' is present during the negotiations, is actively assisting City negotiators or has direct knowledge of strategies and planning in regard to the assigned negotiations.

E. Grievances and Discipline (Human Resources Staff). Union members of the Human Resources Department will not serve as Union representatives in grievance or disciplinary actions brought by this unit’s members.

17.2 Disqualification of Union Members Working as Department Directors, Assistant Department Directors, and Members Participating on City Bargaining Teams:

A. Grievances and Discipline. Members of the Union who are employed as department directors or assistant department directors shall be restricted from representing unit members in grievance proceedings in the department director or assistant department director's department.

B. Negotiations. Members of the Union who participate in City negotiations with other units and who acquire direct knowledge of City strategies and planning in those negotiations are considered “restricted members” and shall keep said information confidential from the Union.

17.3 Violation of This Article
A. Should the City determine that it believes the Union, or any restricted member or assistant department director, has violated this Article, then the City shall provide the Union with written notice of the suspected violation. If the Union believes that the City has violated any 551
34 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO provision of this Article, then the Union shall provide the City with written notice of the suspected violation.

B. Any dispute arising out of the interpretation or application of this Article shall be subject to the "meet and confer" provisions of the Meyers-Milias-Brown Act. If the dispute is not resolved by meeting and conferring, then either party may, upon written notice to the other request outside mediation through the California State Mediation and Conciliation Service.

C. If the City suspects any member of the Union who is a "restricted member" as defined by this Article, a department director, or an assistant department director, has violated the restrictions of this Article, then the City is empowered to initiate disciplinary action against the member. Resolution of any such disciplinary action shall be subject to the appeal procedures of this Memorandum of Understanding.

SECTION 18 – TERM OF AGREEMENT
This Agreement shall become effective July 1, 2025, and shall continue in effect through June 30, 2028.

The following members of the respective negotiating teams hereby acknowledge by their signatures that the above terms and conditions of employment resulted from meeting and conferring under the MeyersMilias-Brown act.

For the City: For the Union:
_______________________________ ______________________________ Lisa Charbonneau Lina Velasco
Chief Negotiator President
_______________________________ ______________________________ Nickie Mastay Sean Stalbaum
Deputy City Manager IFPTE, Local 21
________________________________ ______________________________ Sharrone Taylor Timothy Simmons
Director of Human Resources Vice President
________________________________ ______________________________ Catherine Selkirk Aaron Osorio
Human Resources Manager Bargaining Team Member
______________________________
Mary Phelps
Bargaining Team Member
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35 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO 553 36 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO

ATTACHMENT A
Classifications and Salaries
City of Richmond
IFPTE Local 21 Executive Management Employees
Monthly Payroll Schedule
Effective as of June 30, 2025
Classification Range Minimum Maximum
Administrative Chief E2 $15,621.96 $19,527.98
Administrative Services Director E2 $15,621.96 $19,527.98 Assistant City Attorney EC $13,632.38 $16,628.14
Assistant Deputy Director of Public Works EC $13,632.38 $16,628.14 Assistant Police Chief E4 $19,790.84 $24,738.52
Chief Innovation Officer EB $12,350.98 $15,012.66
City Clerk E2 $15,621.96 $19,527.98
Community Engagement Manager 2.1 $9,361.72 $14,902.10
Confidential Investigator E2 $15,621.96 $19,527.98
Deputy City Attorney EB $12,350.98 $15,012.66
Deputy Dir Com Services - Employment & Training E2 $15,621.96 $19,527.98 Deputy Dir Com Services - Library E2 $15,621.96 $19,527.98 Deputy Dir Com Services - ONS E2 $15,621.96 $19,527.98
Deputy Dir Com Services - Recreation E2 $15,621.96 $19,527.98 Deputy Director Of Finance E2 $15,621.96 $19,527.98
Deputy Director of Public Works City Engineer E2 $15,621.96 $19,527.98 Deputy Dir Public Works Operations & Maintenance E2 $15,621.96 $19,527.98 Deputy Director Rent Program E2 $15,621.96 $19,527.98
Deputy Fire Chief E4 $19,790.84 $24,738.52
Deputy Police Chief E2 $15,621.96 $19,527.98
Development Serv Dir/WRR City Engineer E2 $15,621.96 $19,527.98 Director of Community Development E4 $19,790.84 $24,738.52 Director of Community Services E3 $17,496.64 $21,870.82 Director of Economic Development E3 $17,496.64 $21,870.82 Director of Finance E3 $17,496.64 $21,870.82
Director of Information Technology E3 $17,496.64 $21,870.82 Director of Public Works E3 $17,496.64 $21,870.82
Executive Dir of Housing Authority E2 $15,621.96 $19,527.98 Executive Director Rent Program E2 $15,621.96 $19,527.98 Fire Chief E5 $20,780.42 $25,975.46
General Counsel Rent Program 5.1 $12,419.00 $19,769.92
Hearing Examiner Rent Program EC $13,632.38 $16,628.14
Planning Manager 4.1 $11,512.58 $18,325.20
Police Chief E5 $20,780.42 $25,975.46
Port Director 5.1 $12,419.00 $19,769.92
Project Manager I EB $12,350.98 $15,012.66
554
37 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO Project Manager II EC $13,632.38 $16,628.14
Project Manager III ED $15,063.78 $18,310.14
Risk Manager ED $15,063.78 $18,310.14
Senior Assistant City Attorney E3 $17,496.64 $21,870.82 Staff Attorney Rent Program EC $13,632.38 $16,628.14
Water Resource Division Manager EC $13,632.38 $16,628.14 555
38 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO

ATTACHMENT B

SUMMARY OF CATASTROPHIC LEAVE POLICY, IMPLEMENTED BY
RESOLUTION NO. 159-92

1. In order to be eligible, an employee must be suffering from a severe illness or injury expected to incapacitate the employee for an extended period of time, or a similar illness or injury to spouse, dependent minor child, or parent. Employee has to have one-year paid status and have exhausted all sick leave*, vacation, and compensatory leave. Cannot be used in conjunction with Workers’ Compensation or Long-Term Disability benefits.

2. Employee’s department director must recommend leave to City Manager for their approval. Initial approval is for 327 hours, additional hours may be approved.

3. Other employees may donate in hourly increments from their vacation balances. In order to donate, the employee must be able to maintain at least a 37.5-hour vacation balance for him/herself.

4. Once approved, the employee’s department director, or designee, should circulate a memo to interested parties letting them know of the need for catastrophic leave. The back side of the memo should include the form an employee donor can fill out and submit to Finance. * impossible to exhaust all sick leave on family member, as MOUs and ordinances limit the number of hours that can be used.
556
39 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO

ATTACHMENT C
Current City Administrative Policy 315 “Family, Medical, and Pregnancy Leave” Last revised April 2, 2025
I. Purpose
To define the City of Richmond’s policy and procedure with regard to family, medical, military caregiver, and pregnancy disability leave in accordance with State and Federal laws including Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), and pregnancy disability leave provisions of the California Fair Employment and Housing Act (FEHA).

II. Definitions
CFRA: The California Family Rights Act. The California-specific law that provides certain employees with up to twelve (12) weeks of unpaid, job-protected leave per year.

Child:

1. Under the FMLA, “child” means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-to-day responsibility for care, and includes a biological, adopted, foster or step-child. A child is “incapable of selfcare” if they require active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.

2. Under the CFRA, “child” means a child, including a child who is 18 years of age or older who is capable of self-care. An employee’s child means a biological, adopted, foster, stepchild, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.

Covered Active Duty: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.

Covered Service Member: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

Designated Person: means any individual related by blood or whose association with the 557
40 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.

Domestic Partner: is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.

Family member: (1) for FMLA leave means an employee’s child, parent, and spouse; (2) for CFRA leave means an employee’s child, parent, parent-in-law, spouse, domestic partner, grandchild, grandparent, and sibling.

FMLA: The Family and Medical Leave Act. The federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.

Grandchild: means a child of the employee’s child.

Grandparent: means a parent of the employee’s parent.

Health Care Provider: means any of the following:

1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;

2. An individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition;

3. A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;

4. A nurse practitioner or nurse-midwife or a clinical social worker who is authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;

5. A Christian Science practitioner listed with the First Church of Christ, Scientist in Boston, Massachusetts; and

6. Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.

Military Caregiver Leave: Leave related to a seriously injured or ill servicemember or veteran under the FMLA/CFRA.
558
41 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO Next of Kin of a Covered Service Member: means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority:
blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA.

Outpatient Status: means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Parent: means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law.

Parent-in-law: means the parent of a spouse or domestic partner of the employee.

PDL: Pregnancy Disability Leave. California protected leave for employees disabled by pregnancy, childbirth, or a related medical condition.

Qualifying Exigency: Leave related to the deployment of a military member under FMLA/CFRA.

Serious Health Condition: means an illness, injury impairment, or physical or mental condition that involves:

1. Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered “inpatient” when a health care facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or

2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and
b. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
i. Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision by a health care provider, or by a 559
42 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or
ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition.

If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.

3. Any period of incapacity due to pregnancy or for prenatal care. Note that pregnancy is a “serious health condition” only under the FMLA. Under California law, an employee disabled by pregnancy is entitled to pregnancy leave.

4. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider; b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day.

5. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by health care provider.

6. Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.

Serious Injury or Illness: (1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the 560
43 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

Sibling: means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.

Spouse: means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined.

Single Rolling 12-Month Period: means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. Also known as the rolling backward method, each time an employee takes FMLA leave, the remaining leave entitlement is any balance of the 12 weeks which has not been used during the previous 12-Month Period.

III. Policy
The City provides family and medical care leave (including military caregiver and pregnancy disability leave) for eligible employees as required by federal and state law.

Employees who misuse or abuse these leaves may be disciplined, up to and including termination.

Employees who fraudulently obtain or use CFRA/FMLA/PDL are not protected by those laws’ job restoration or maintenance of health benefits provisions.

IV. Eligibility and Entitlement
A. Family and Medical Leave
Eligible employees are entitled to an unpaid FMLA/CFRA leave of absence of up to twelve (12) work weeks in a single rolling 12-month period, for one (1) or more of the following reasons:

1. Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of their position;

2. The birth of the employee’s child or to care for the employee’s newborn;

3. The placement of a child with an employee in connection with the adoption or foster care of a child. Foster care must be by a formal agreement between the foster parent and the State, County, or licensed foster care placement agency;

4. Leave to care for a child, parent, or spouse who has a serious health condition; a. CFRA expands this leave to permit to care for a domestic partner, grandparent, grandchild, parent-in-law, sibling, or any Designated Person, who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA;

5. Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation; 561
44 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO a. CFRA expands this leave to employee’s domestic partner who is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.

An employee is eligible for FMLA/CFRA leave if the employee has been employed by the City for at least twelve (12) months; and the employee has been employed by the City for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

B. Military Caregiver Leave
Military caregiver leave is covered by FMLA. Eligible employees who are the spouse, son, daughter, parent, or “next of kin” of a covered service member of the U.S. Armed Forces shall be entitled to a combined total of twenty-six (26) weeks of unpaid leave to care for the servicemember who has a serious injury or illness: incurred in the line of duty while on active military duty; or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to twenty-six (26) weeks of unpaid leave during a single 12-month period. If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.

The first twelve (12) weeks may run concurrently with CFRA if the family member is covered under both CFRA and FMLA.

C. Pregnancy Disability Leave
All employees, regardless of the length of service, are entitled to take an unpaid Pregnancy Disability Leave (PDL) of up to four (4) months during the period of time that their health care provider determines they are actually disabled by pregnancy, childbirth or a related medical condition. PDL may be taken before and after birth during any period of time the employee is physically unable to work because of the pregnancy or pregnancy-related condition. This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor-ordered bed rest, gestational diabetes, pregnancy-induced hypertension, preeclampsia, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition.

PDL may be used up to the number of hours the employee would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works 37.5 hours per week, “four months” means 650 hours of leave entitlement, based on 37.5 hour per week times 17 1/3 weeks. An employee who works less than full-time will receive a pro rata or proportional amount of leave.

PDL may be taken consecutively or intermittently. All leave taken in connection with a specific pregnancy counts toward computing the four-month period. PDL may be modified as an employee’s changing medical condition dictates.
[An employee affected by pregnancy, childbirth, or related medical condition may request a reasonable accommodation (for example, an adjustment or change to the work environment).

Refer to AP 316 for information on reasonable accommodations.] 562
45 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO D. Child Bonding
While PDL provides protected leave to eligible employees disabled by pregnancy, the CFRA separately provides protected leave to eligible employees to bond with a new child. CFRA provides eligible employees up to twelve (12) weeks within one (1) year of the child’s birth, adoption, or start of foster care for child bonding. Both parents are entitled to bonding leave.

If both married parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave:

1. The aggregate number of workweeks of FMLA leave to which both may be entitled may be limited to twelve (12) workweeks during any 12-month period; and

2. Each married parent is entitled to take twelve (12) workweeks of CFRA leave during any 12-month period.

As outlined in the applicable Memorandum of Understanding, all full-time employees granted a leave of absence as described above, shall receive four (4) weeks of paid parental leave.

Intermittent Leave or Reduced Leave Schedule
If an employee requests to use leave intermittently (a few days or hours at a time) or on a reduced leave schedule for their own serious health condition or to care for an immediate family member with serious health condition, the employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. The City may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule.

V. Minimum Duration of Leave
A. Birth, Adoption, Foster care Placement of Child: If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one (1) year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two (2) weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for less than two (2) weeks duration on any two (2) occasions.

B. Serious Health Condition: If leave is requested to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild, sibling or the employee themselves with serious health condition, there is no minimum amount of leave that must be taken.

However, compliance with the notice and medical certification provisions in this policy is required.

VI. Compensation and Use of Concurrent Paid and Other Leaves Leave under FMLA, CFRA, and PDL are unpaid. In addition to any paid leaves provided under an applicable Memorandum of Understanding, employees must use all paid accrued leaves 563
46 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO concurrently with family and medical care leaves as described below.

A. Use of Accrued Paid Leave
To remain in paid status, an employee who has been granted leave under this policy must concurrently use and exhaust all available and accrued paid leave in the following order:
• Employee’s own serious health condition: First sick leave, then vacation leave, then any and all other accrued paid time off.
• Serious health condition of a family member: Employee may elect to use sick leave. If an employee does not elect to use sick leave, the employee must use vacation leave, followed by any and all other accrued paid time off other than sick leave. • Birth of a child, to care for the newborn child, and/or for placement with the employee of a son or daughter for adoption or foster care: First vacation leave, then any and all other accrued paid time off other than sick leave. Thereafter, the employee may elect to use sick leave.
• Qualifying Exigency: Vacation leave, then any and all other accrued paid time off other than sick leave.
• Caring for a covered service member: Employee may elect to use sick leave. If employee does not elect to use sick leave, the employee must use vacation leave, followed by any and all other accrued paid time off other than sick leave.
• Pregnancy Disability: First sick leave must be used and exhausted. Thereafter, the employee may elect to use vacation leave or any other accrued paid time off.

Exception: Employees are not required to use accrued paid time off during leave pursuant to a disability plan that pays a portion of the employee’s salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit.

Any leave used under this policy, where paid leave is also concurrently used, shall count toward the cap on leave entitlements.

If an employee requests to utilize accrued vacation leave or accrued paid time off without reference to a FMLA/CFRA/PDL qualifying purpose, the City may not ask the employee if the leave is for a qualifying purpose. However, if the City denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA/PDL qualifying purpose, the City may require the employee to exhaust accrued leave as described above.

B. Paid vs. Unpaid Leave
An employee on paid leave will continue to accrue sick leave and vacation leave at their normal rate. An employee on unpaid leave will not accrue leave. 564
47 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO C. Concurrent Leaves
Unless otherwise provided by law, if an employee takes a leave of absence for any purpose which also qualifies under the FMLA and CFRA, the City will designate that leave as running concurrently with the employee’s 12-week FMLA and/or CFRA leave entitlement. The only exception is for peace officers and firefighters who are on paid industrial injury leave.

Military: FMLA leave taken due to a qualifying exigency will not run concurrently with leave under the CFRA. However, military caregiver leave taken to care for a family member or next of kin who is a covered service member will run concurrently with leave under the CFRA, unless the covered service member is a next of kin that is not considered a family member under the CFRA.

Pregnancy: FMLA will run concurrently with PDL. CFRA will not run concurrently with PDL.

Temporary Disability: A leave of absence taken pursuant to Workers' Compensation Law or a temporary disability benefit plan (State Disability Insurance or other) shall also be counted, to the extent that such leave of absence qualifies, as family and medical leave or pregnancy disability leave under this policy and related law. FMLA leave does not run concurrent with leave taken for peace officers and firefighters under Labor Code Section 4850.

VII. Benefits While on Leave
Whether the employee uses accruals to remain in paid status or is on unpaid leave pursuant to the leaves in this policy, the City will continue to provide any group health insurance coverage that was provided to the employee before the leave, under the same terms and conditions as if the employee continued actively working during the period for up to twelve (12) weeks for FMLA/CFRA leave (up to 26 weeks for military caregiver leave).

If the employee is disabled by pregnancy, coverage will continue up to four (4) months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for babybonding, the City will maintain their coverage while they are disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks). For a full-time employee who works 37.5 hours per week, “four months” means 650 hours of leave entitlement, based on

37.5 hour per week times 17 1/3 weeks. An employee who works less than full-time will receive a pro rata or proportional amount of leave.

The employee will continue to be responsible for the employee share of medical coverage, if applicable. Failure to do so may result in loss of coverage. The City will cease to maintain the employee’s health coverage if an employee’s premium payment is more than thirty (30) days late. The City will notify the employee fifteen (15) days before coverage will cease. The employee is responsible for all health care coverage costs for absences or time away from work exceeding the leave entitlements of this policy.

While on unpaid leave pursuant to this policy, employees will continue to be covered by the City’s benefits plans that are not part of its group health plan (e.g., life, short-term, or long-term disability insurance, retirement and pension plans) for up to twelve (12) weeks each leave year to the same extent that coverage is provided while the employee is on the job. 565
48 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO If the employee fails to return to work after their leave entitlement has been exhausted or expires, the City will have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, reoccurrence, or onset of a serious health condition of the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control.

Seniority: An employee retains employee status during any leave, herein, and is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employe benefit plan. An employee’s hire date and service date will not be adjusted as a result of leave authorized pursuant to this policy. The review date for performance and step/merit increases shall be subject to adjustment based on the applicable Memorandum of Understanding.

Union Dues: The employee is responsible for maintaining dues to the applicable employee association, if required.

VIII. Procedure for Requesting/Granting Leave
A. Notification
An employee is responsible to request family, medical, or pregnancy disability leave.

Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows that they will need leave in the future but does not know the exact day(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable.

If thirty (30) days’ advance notice is not possible due to a change in circumstances or a medical emergency, notice must be given as soon as practicable.

B. Application and Certification
An employee requesting leave must complete a Request for Leave Application and return it to Human Resources at least thirty (30) days before the leave begins, when possible. In the case of an unforeseen event or incapacitation, notification must be made by the employee or the employee's authorized representative to Human Resources as soon as the need arises and no later than two (2) business days after leave has commenced.

The Human Resources Department will send an eligibility notice to the employee within five (5) working days of receipt of the employee's request for family, medical, or pregnancy disability leave or within (5) working days of acquiring knowledge of the need for such leave. Once the eligibility notice is received. the employee must submit proper medical certification to the Human Resources Department before the leave begins in the case of a foreseeable event. In the case of an unforeseeable event, proper medical certification as described below must be 566
49 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO submitted to Human Resources within fifteen (15) calendar days of receipt of eligibility notice.

Failure of the employee to provide timely or incomplete medical certification may defer or even disqualify requests for FMLA leave.

Birth of a Child or Placement with Employee for Adoption or Foster Care: An application for leave for the birth, adoption, or foster care placement of a child must be accompanied by a birth certificate or other appropriate documentation.

Employee’s Own Serious Health Condition: An application for leave based on an employee’s own serious health condition must be accompanied by a Medical Certification Form completed by the applicable health care provider containing all of the following:

1. The date, if known, when the serious health condition commenced;

2. The probable duration of the condition; and

3. A statement that the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position due to the condition.

Upon expiration of the time period the health care provider originally estimated that he employee needed for their own serious health condition, the employee must obtain recertification if additional leave is request.

Family Member Serious Health Condition: An application for leave based on the need to care for a family member (as defined) who has a serious health condition must be accompanied by a written certification from the health care provider of the family member requiring care that contains all of the following:

1. The date, if known, when the serious health condition commenced;

2. The probable duration of the condition;

3. An estimated amount of time that the health care provider believes the employee needs to care for the family member; and

4. A statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the family member.

Upon expiration of the period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.

Service Member Serious Injury or Illness: An application for FMLA leave to care for a covered service member who is a child, spouse, parent, or “next of kin” of the employee must be accompanied by written certification from a health care provider regarding the injured service member’s serious injury or illness. The City will verify the certification as permitted by the FMLA regulations.

Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, the employee must provide their immediate supervisor with military orders, or other appropriate documentation issued by the military that indicates that the military member is on covered active duty or call to active-duty status in a foreign country, and the dates of the 567
50 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO military member’s active-duty status. A copy of the new active-duty orders or similar documentation will be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active-duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA and CFRA regulations.

Pregnancy Disability: An application for leave due to pregnancy disability must be accompanied by written certification from the attending physician stating:

1. The employee is disabled from working by pregnancy, childbirth, or a related medical condition;

2. The date when the employee became disable by pregnancy, childbirth, or related medical condition; and

3. The estimated duration or end date of the leave.

All medical information provided by the employee shall be maintained in a confidential manner by Human Resources and disclosed only to the extent necessary to process the request for leave and in conformance with law.

An employee must sufficiently explain the purpose of the leave so that Human Resources can determine whether it qualifies as family or medical leave or pregnancy disability leave. This explanation is necessary even if accrued paid leave (e.g. vacation or sick leave) shall be used concurrently with the otherwise unpaid leave under this policy. If necessary, any leave already taken may be retroactively designated as family and medical leave, pregnancy disability leave, or military caregiver leave. Human Resources shall process the leave request in consultation with the employee's supervisor and, if necessary, with the Department Head. Employees who take intermittent leave should make a reasonable effort to schedule such treatment to minimize disruption to the workplace.

IX. Director of Human Resources’ Review of an Employee’s Medical Certification for Employee’s Own Serious Health Condition
An employee must provide a medical certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or nonresponsive. If the certification is incomplete or insufficient, the Director of Human Resources or designee will give the employee written notice of the deficiencies and seven (7) days to cure, unless a longer period is necessary considering the employee’s diligent, good faith efforts to address the deficiencies.

After giving the employee an opportunity to cure any deficiencies, the Director of Human Resources or designee may contact the health care provider who provided the certification to clarify or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the provider who signed the form. “Clarification” means contacting the provider to understand the handwriting on the certification or to understand the meaning of the response. The Director of Human Resources or designee may not ask for additional information beyond that which is required on the certification form. 568
51 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee.

X. Return to Work and Reinstatement
A. Periodic Reporting: Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.

B. Release: Upon completion of leave due to the employee’s own serious health condition or because of pregnancy disability, the employee must provide the City with a written notice from the health care provider releasing the employee to return to work. Failure to provide such certification will result in denial of reinstatement.

C. Return to Work: An employee on leave is expected to return to work on the next workday following the last day of the approved leave period.

D. Date of Reinstatement: If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date they return to work.

If the return-to-work date differs from the original agreement, or if no agreement was made, the City must reinstate the employee within two (2) business days of being given notice that the employee intends to return, or as soon as reasonably possible thereafter to expedite the employee’s return to work.

E. Reinstatement to Same or Equivalent Position: Upon return, the employee will be reinstated to their original position, so long as it was not eliminated for a legitimate business reason during the employee’s leave. If the employee’s original position is no longer available, the employee will be assigned to an equivalent, open position with equivalent benefits and pay. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA/PDL period.

F. Reinstatement of “Key Employees”: Under the FMLA only, the City may deny reinstatement to a “key” employee (e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City may not deny reinstatement to a “key” employee during or upon the expiration of CFRA leave.
569
52 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO G. Disability: If upon return from leave an employee is unable to perform the essential functions of their job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation that will allow the employee to perform the essential functions of their job, in accordance with policy.

XI. Additional Leave
Employees who desire leave over and beyond family, medical, military caregiver, and pregnancy disability leave as defined in this policy may request leave of absence with pay using accrued leave, or leave of absence without pay, in accordance with the applicable Memorandum of Understanding.
570
53 2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO INDEX
(SUBJECT TO CHANGE)
A
Acting Pay ......................................................................................................................................................................................... 8 Administrative Leave ...................................................................................................................................................................... 25 Advancement.................................................................................................................................................................................... 6 Allowances...................................................................................................................................................................................... 17 Anniversary Date Effect of LOA Without Pay.................................................................................................................................. 19 Attendance ..................................................................................................................................................................................... 28 B
Bargaining Teams............................................................................................................................................................................ 33 Bereavement Leave ........................................................................................................................................................................ 19 Bilingual ............................................................................................................................................................................................ 8 Binding Arbitration ......................................................................................................................................................................... 31 Bulletin Boards.................................................................................................................................................................................. 2 C
Cafeteria Plan.................................................................................................................................................................................. 10 Catastrophic Leave.......................................................................................................................................................................... 32 Certifications................................................................................................................................................................................... 17 Conversion of Sick Leave to Pension Credits................................................................................................................................... 20 Court Appearances ......................................................................................................................................................................... 25 D
Definition of a Grievance ................................................................................................................................................................ 29 Definition of Class............................................................................................................................................................................. 1 Demotion.......................................................................................................................................................................................... 7 Dental Plan...................................................................................................................................................................................... 15 Departmental Working Hours......................................................................................................................................................... 27 Disability Insurance......................................................................................................................................................................... 16 Discrimination Prohibited................................................................................................................................................................. 4 Dues Deductions............................................................................................................................................................................... 4 E
Employee Assistance Program........................................................................................................................................................ 16 F
Family and Medical Care Leave ...................................................................................................................................................... 21 Floating Holidays............................................................................................................................................................................. 26 Full Understanding.......................................................................................................................................................................... 32 G
Grievance and Appeals ................................................................................................................................................................... 29 Grievance Time Limits..................................................................................................................................................................... 29 571
liv
2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO H
Holidays.......................................................................................................................................................................................... 26 I
Immediate Family Definition .......................................................................................................................................................... 20 Indemnification................................................................................................................................................................................. 5 Indirect Pay and Allowances............................................................................................................................................................. 9 Injury Leave Payments.................................................................................................................................................................... 24 Insurance .......................................................................................................................................................................................... 9 J
Jury Duty ......................................................................................................................................................................................... 22 L
Leaves............................................................................................................................................................................................. 18 Leaves of Absence With Pay ........................................................................................................................................................... 19 Leaves of Absence Without Pay...................................................................................................................................................... 18 Length of Work Week ..................................................................................................................................................................... 28 Life Insurance.................................................................................................................................................................................. 16 M
Management Rights.......................................................................................................................................................................... 1 Meal Periods................................................................................................................................................................................... 27 Medical Insurance............................................................................................................................................................................. 9 Merit Increase................................................................................................................................................................................... 6 Military Leave ................................................................................................................................................................................. 22 Miscellaneous Provisions................................................................................................................................................................ 32 N
Nepotism ........................................................................................................................................................................................ 29 P
Parental Leave ................................................................................................................................................................................ 21 Payment for Unused Sick Leave...................................................................................................................................................... 20 Performance Evaluation ................................................................................................................................................................... 6 Personnel Files................................................................................................................................................................................ 29 Personnel Provisions....................................................................................................................................................................... 28 Probationary Period........................................................................................................................................................................ 28 Professional Development Package................................................................................................................................................ 17 Promotion Effect on Salary ............................................................................................................................................................... 7 R
Reassignment.................................................................................................................................................................................. 29 Recognition....................................................................................................................................................................................... 1 Representation Rights..................................................................................................................................................................... 32 Resignation ..................................................................................................................................................................................... 28 Rest Periods.................................................................................................................................................................................... 27 Retiree Medical Insurance .............................................................................................................................................................. 13 Retirement System ......................................................................................................................................................................... 26 Retroactivity ................................................................................................................................................................................... 32 572
lv
2025-2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO S
Safety Shoes.................................................................................................................................................................................... 18 Salaries.............................................................................................................................................................................................. 5 Seniority Upon Reemployment......................................................................................................................................................... 6 Severance Pay................................................................................................................................................................................. 28 Sick Leave........................................................................................................................................................................................ 20 Sick Leave Accrual Rate................................................................................................................................................................... 20 Signature Page ............................................................................................................................................................................... 34 Stewards........................................................................................................................................................................................... 2 Stewards’ Release Time .................................................................................................................................................................... 2 T
Terms of Agreement....................................................................................................................................................................... 34 Transfer........................................................................................................................................................................................... 29 U
Union Dues ....................................................................................................................................................................................... 4 Union Rights...................................................................................................................................................................................... 2 V
Vacation Leave................................................................................................................................................................................ 22 Vacation Leave Accrual Rate........................................................................................................................................................... 22 Vision Plan ...................................................................................................................................................................................... 16 W
Weingarten Rights .......................................................................................................................................................................... 32 Working Conditions ........................................................................................................................................................................ 27 573

December 2, 2025
Public Works
DATE: December 2, 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
Jene Levine Snipes, Development Project Manager
Subject: Contract with WR Forde for the Richmond Art and Light Project
FINANCIAL IMPACT: The proposed $374,000 expenditure is funded by a Caltrans grant awarded in 2022 and is included in the
approved fiscal year 2025-2026 Engineering Grants –
Richmond Art and Light Project budget (Account String
15436431 – 400708 - 23031).

PREVIOUS COUNCIL
ACTION:

October 18, 2022 - Accept and Appropriate Grant Funds
via Resolution 153-22
June 18, 2024- Approval to Award Richmond Art and
Lighting Project Bids and Authorize Change Orders
During the City Council Recess via Resolution 62-24

STATEMENT OF THE
ISSUE:

Staff is seeking City Council approval of a $374,000
construction contract with WR Forde for the Richmond
Art and Light Project. Funded by a Caltrans grant
awarded in 2022 and included in the approved Fiscal
Year 2025–2026 Engineering Grants budget, the project
has been identified as a critical safety and pedestrianexperience improvement.

AGENDA
REPORT
574

December 2, 2025
RECOMMENDED ACTION: ADOPT a resolution to APPROVE a construction contract with WR Forde for the Richmond Art and Light Project in the amount of $374,000, with a term from October 1,
2025, to July 1, 2026, and AUTHORIZE the Public Works
Director to approve change orders up to $37,400 or 10
percent contingency – Public Works (Jene Levine Snipes
510-307-8132/Robert Armijo 510-620-5477).

DISCUSSION:

Richmond Art and Lighting Project is a beautification and safety initiative to enhance local street undercrossing and one overcrossing in the City of Richmond. The locations are the Macdonald Avenue, Barrett Avenue, and San Pablo Avenue undercrossing on Interstate 80, and the Harbor Way overcrossing on Interstate 580. The project involves installation of pedestrian scale lighting to brighten the pedestrian experience and artwork to help enliven the spaces for the community.

Interstate 80 is an eight-lane freeway that transects the City. Due to the freeway’s width, sidewalks under the structure are often dark, even in daytime. The pedestrian experience will be transformed through art and lighting. The artwork will significantly brighten the underpass locations both physically and emotionally by adding color to a drab space. It will also help reduce graffiti by enlivening these spaces and providing less blank canvas for taggers.

On July 15, 2024, staff solicited bids for the Richmond Art and Light Project construction contract. The bid deadline was August 20, 2024. The project was formally advertised on PlanetBids; however, no bids were received. Per Richmond Municipal Code Section

2.52.310.(d)7 Competitive Sealed Bids – No Bids Received, procurement may proceed without repeating or complying further with competitive bidding requirements.

On June 24, 2025, WR Forde submitted a proposal in the amount of $374,000, which is within the approved project budget. The project is supported by grant funds that must be fully expended by March 2026.

Based on City staff evaluation, WR Forde meets all requirements and has submitted the necessary contract documents. City staff recommend awarding the contract to WR Forde as the lowest responsive and responsible contractor.

City staff requests that the City Council adopt the resolution approving a construction contract with WR Forde in the amount of $374,000 for the Richmond Art and Light Project. City staff further rec authorizing the Public Works Director to approve change orders up to $37,400 (10 percent contingency).

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Construction Contract
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ATTACHMENT 1

DocID #54504v1
RESOLUTION NO. xx-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RICHMOND, CALIFORNIA, AUTHORIZING THE AWARD OF A

CONSTRUCTION CONTRACT TO WR FORDE FOR THE RICHMOND

ART AND LIGHTING PROJECT
WHEREAS, in September, 2022, the City was awarded grant funding from the State of California Department of Transportation in the amount of $4,000,000, to fund the Richmond Art and Light Project (“Project”); and WHEREAS, the Project involves installing pedestrian-scale lighting and artwork to enhance local street under crossings at Macdonald Avenue, Barrett Avenue, and San Pablo Avenue along Interstate 80, and the Harbor Way overcrossing on Route 580, thereby improving safety and the pedestrian experience; and
WHEREAS, the Department of Public Works has identified the Project as a critical priority and recommends that it proceed to bid without delay; and WHEREAS, all Capital Improvement Program projects will comply with the requirements set forth by the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), as appropriate; and WHEREAS, an invitation for bids was duly advertised on July 15, 2024, bids were closed on August 20, 2024, and the City received zero (0) bids; and WHEREAS, per Richmond Municipal Code 2.52.310.D7 (Competitive Sealed Bids – No Bids Received), procurement may proceed without repeating or complying further with competitive bidding requirements; and WHEREAS, On June 24, 2025, WR Forde submitted a proposal in the amount of $374,000, which is within budget. Staff has reviewed the proposal, verified references, and determined it to be responsive and responsible. Staff recommends awarding a construction contract in an amount not to exceed $374,000, with authority for the Public Works Director to approve change orders of up to $37,400 (10 percent contingency).

WHEREAS, grant funds from the State of California Department of Transportation for the Richmond Art and Lighting project, are sufficient to fund the cost of construction; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond, California, as follows:
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ATTACHMENT 1

DocID #54504v1
SECTION 1. The City Council finds and determines that the statements set forth in the foregoing recitals are true and correct.

SECTION 2. The City Council hereby authorizes the award of a construction contract to WR Forde for the Richmond Art and Light Project, in an amount not to exceed $374,000.

SECTION 3. The City Council further authorizes the Public Works Director to approve change orders, if necessary, in a total amount not to exceed $37,400 (10 percent contingency).

SECTION 4. The City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which this Resolution is based. Such documents shall be available at the office of the City Clerk, Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.

SECTION 5. This Resolution shall take effect immediately upon its passage.
--------------------------------------------------------------------------- I hereby certify that the foregoing resolution was passed and adopted by the Members of the City Council of the City of Richmond at a regular meeting held on November 4, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:
____________________________
Clerk of the City of Richmond
(SEAL)
Approved:
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ATTACHMENT 1

DocID #54504v1
__________________
Mayor
Approved as to form:
_________________
City Attorney
578
1 DocID #54505v1

CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this _1st___ day of _December_, 2026, by and between the City of Richmond, a municipal corporation and charter city (“City”) and WR Forde__ (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS
A. On __July 15, 2024__, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of __The Richmond Art and Light project__, located at Macdonald Ave., Barrett Ave., and San Pablo Ave. undercrossings on Interstate 80, and the Harbor Way overcrossing on Route 580 (the “Project”). The bid deadline was August 20, 2024. The Project was formally advertised on PlanetBids; however, no bids were received.

Pursuant to Richmond Municipal Code Section 2.52.310.(d)7 (Competitive Sealed Bids – No Bids Received), procurement may proceed without repeating or complying further with competitive bidding requirements.

B. On June 24, 2025 Contractor submitted the lowest responsive bid which is within the approved project budget and supported by grant funds and has been determined to be responsible.

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

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

ARTICLE I

CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents.

Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids [THIS

LIST MAY BE MODIFIED TO PROVIDE A MORE DETAILED DESCRIPTION OF THE DOCUMENTS FOR YOUR PROJECT – FOR EXAMPLE, YOU MAY SPECIFY THE NUMBER OF RFI/RESPONSES TO RFI THAT RE INCLUDED] – Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.” Section 1.2 Construction.
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2 DocID #54505v1
Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.

Section 1.3 Payments.

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

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

Section 1.5 Laws and Regulations.
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(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof. (b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures. (c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City's Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City's Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City's Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement. (d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance. 581
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Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.

Section 1.6 Inspections.

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

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

Section 1.8 Working Hours.

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

Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of 582
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the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.

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

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

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, 583
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interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:

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

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

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

Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
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________________________ _________________________
Signature Signature

ARTICLE II

DEFAULT AND REMEDIES

2.1 Events of Default.

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

Each of the following shall constitute a "Default" by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work. (c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or 586
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any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.

2.2 Remedies.

The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.

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

2.3 Waiver of Damages.

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

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its 587
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agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.

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

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

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

2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2010 State of California Department of Transportation Standard Specifications; and

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

Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the 588
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construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City’s decision shall be final and the limitations period for the filing of a claim shall commence upon the City’s issuance of its decision. If Contractor disagrees with City’s decision, or if Contractor contends that City failed to provide a timely decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor’s position as required herein.
(c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

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

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

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (if the Claim is for less than $50,000) or within sixty (60) days (if the Claim is for $50,000 or more) of submittal, it shall be deemed denied.

2. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.
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3. After their submittal, claims less than $375,000 shall also be subject to Section 20104 of the Local Agency Public Construction Act.
(e) Compliance

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

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

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

Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "Claims"), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors' employees), or damage to property of any kind, or any other injury or damage whatsoever, which Claims arise out of or are in any way connected with the construction of the Project, regardless of Contractor's fault or negligence; provided, however, that Contractor's, and Contractor's subcontractors' indemnity obligations hereunder shall not apply to the extent any Claims are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason. (b) In Claims against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, 590
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compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.

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

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

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

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

Section 3.8 Notices, Demands and Communications.

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

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Public Works Department
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With copy to:

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

WR Forde Associate, Inc.
984 Hensley Street
Richmond, CA 94801
Attn: Contracts
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

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

Section 3.11 Severability.

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

Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, 592
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quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

Section 3.13 Waivers.

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

Section 3.14 Title of Parts and Sections.

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

Section 3.15 Entire Understanding of the Parties.

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

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

Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
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WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

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

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

By: _________________________________
Name: _________________________________
Its: _________________________________
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Exhibit A
Proposal
595
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596
19 DocID #54505v1
597
20 DocID #54505v1
598
21 DocID #54505v1
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22 DocID #54505v1
600

December 2, 2025
DocID #58619v1
Public Works
DATE: December 2, 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, Senior Civil Engineer
Subject: Bayview Avenue Grade Separation Safety & Bike Lane Improvements Project – UPRR Preliminary Engineering
Services Agreement.

FINANCIAL IMPACT: The proposed expenditure of $25,000 will be funded with the transfer of unspent funds totaling $37,376 from
Project 29105 37th Street Improvement Close-out in the
General Capital Fund and is included in the approved
Fiscal Year 2025-2026 budget. The remaining funds will
be used for unforeseen contingency needs (Account
String: 20136031 – 400733 – 23040).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City must execute a Reimbursement Agreement for
Preliminary Engineering Services with the Union Pacific Railroad Company (UPRR) because the Bayview Avenue
Grade Separation Safety & Bike Lane Improvements
Project impacts UPRR’s track, right-of-way, and
operations. UPRR requires such an agreement to review
plans, inspect existing facilities, and evaluate potential safety and operational impacts before the City may
proceed with design or construction activities involving railroad property.

AGENDA
REPORT
601

December 2, 2025
DocID #58619v1
RECOMMENDED ACTION: ADOPT a resolution to APPROVE the Preliminary Engineering Services Agreement with Union Pacific
Railroad Company (UPRR) for the Bayview Avenue
Grade Separation Safety & Bike Lane Improvements
Project; AUTHORIZE the Public Works Director to
execute the agreement and approve minor amendments,
provided the total cost does not exceed $25,000; and
transfer and APPROPRIATE $37,376 in unspent funds
from Project 29105 – 37th Street Improvement Close-out
to Project 23040 – Bayview Avenue Grade Separation
Safety & Bike Lane Improvements Project in the General
Capital Fund – Public Works Department (Hillal Hamdan
510-620-1612/Robert Armijo 510-620-5477).

DISCUSSION:

This project idea originated with a 2019–2023 effort to explore quick-build designs for protected bike lanes on Bayview Avenue overpass over Interstate 580.The overpass has wide shoulders that can be re-striped to include a bike lane buffer with vertical elements that physically separate bicyclists from motor vehicle traffic.

The project creates a safe and comfortable walking and biking route connecting the El Cerrito del Norte BART station to the San Francisco Bay Trail by building upon existing multi-use paths and tying into El Cerrito's Transit-Oriented Development Complete Streets Projects and improving conditions around parks and schools.

The project will install Class II bike lanes on Potrero Avenue and Class IV protected bike lanes on the Bayview Avenue overpass. The project lies entirely within an Equity Priority Community adjacent to and improves access for families using nearby parks, schools, and provides a direct connection between El Cerrito’s San Pablo Avenue Priority Development Area (PDA) and the South Richmond PDA.

The Project affects the Union Pacific Railroad Company’s (UPRR) track, right-of-way, or operations, thereby requiring UPRR review and authorization to ensure coordination with railroad safety and operational requirements. UPRR requires execution of a Preliminary Engineering Services Agreement (“Agreement”) for work to occur prior to approving or permitting any construction that impacts railroad operations or property.

This Agreement for an amount not to exceed $25,000.00, enables UPRR to:
 Perform field diagnostics and inspections
 Review construction documents (plans, specifications)  Evaluate project design specifically for impacts to UPRR facilities and operations  Prepare necessary force account cost estimates for any future UPRR-performed work
602

December 2, 2025
DocID #58619v1
The design phase commenced in March 2025 and is anticipated to conclude in August 2026. Construction is expected to begin in late 2026 or early 2027, subject to UPRR approval, issuance of railroad encroachment permits, and execution of a Construction & Maintenance Agreement. The Agreement is fully funded by the One Bay Area Grant 3 (OBAG3) grant.

City staff recommends that the City Council adopt a resolution approving the transfer and appropriation of $37,376 in unspent funds from Project 29105 – 37th Street Improvement Close-out to Project 23040 – Bayview Avenue Grade Separation Safety & Bike Lane Improvements in the General Capital Fund (2001) to support the proposed Preliminary Engineering Services Agreement with Union Pacific Railroad (UPRR) and related contingency needs. Staff further recommends that the City Council authorize the Public Works Director to execute the Agreement in an amount not to exceed $25,000.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution Authorizing UPRR PE Services Agreement – Bayview Ave Grade Separation
Attachment 2 – UPRR Railway Preliminary Engineering Services Agreement 603
Reso. No. xx-25

DocID
DocID #58631v1
RESOLUTION NO. xx-25

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

CALIFORNIA, AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE

PRELIMINARY ENGINEERING SERVICES AGREEMENT WITH UNION PACIFIC

RAILROAD COMPANY (UPRR) FOR THE BAYVIEW AVENUE GRADE SEPARATION

SAFETY AND BIKE LANE IMPROVEMENTS PROJECT, AND TO APPROVE MINOR

AMENDMENTS TO THE AGREEMENT, PROVIDED THE TOTAL COST DOES NOT EXCEED $25,000.

WHEREAS, the Bayview Avenue Grade Separation Safety & Bike Lane Improvements Project is intended to enhance bicycle and pedestrian access, reduce conflicts with vehicular traffic, and improve multimodal safety for residents within an Equity Priority Community; and WHEREAS, the Bayview overpass has wide shoulders that can be re-striped to include a bike lane buffer with vertical elements to physically separate cyclists from motor traffic; and WHEREAS, the Project affects Union Pacific Railroad’s track, right-of-way, or operations, thereby requiring UPRR review and authorization to ensure coordination with railroad safety and operational requirements; and
WHEREAS, UPRR requires the City to enter into a Preliminary Engineering Services Agreement (“Agreement”) to allow UPRR enable UPRR to review and provide necessary services related to the City’s proposed plans and specifications for the improvements; and WHEREAS, Staff recommends to use unspent funds in the General Capital Fund to supplement the Bayview Avenue Grade Separation & Bike Lane Safety Improvements Project; and WHEREAS, City staff recommends the City Council authorize the Public Works Director to execute the Agreement and any amendments thereto in an amount not exceed $25,000.

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

SECTION 1. The Recitals set forth above are true and correct and, together with the Agenda Report accompanying this Resolution, constitute the basis for the City Council’s action.

SECTION 2. The City Council authorizes the Public Works Director to execute the Preliminary Engineering Services Agreement with Union Pacific Railroad Company for the Bayview Avenue Grade Separation Safety & Bike Lane Improvements Project and to approve minor amendments to the Agreement, provided the total cost does not exceed $25,000.

SECTION 3. The City Council hereby authorizes the transfer and appropriation of unpsent funds in the amount of $37,376 from Project 29105 – 37th Street Improvement Closeout to Project 23040 – Bayview Avenue Grade Separation Safety & Bike Lane Improvmeents Project.

SECTION 4: The City Clerk is designated as the custodian of the documents and other materials that constitute the record of proceedings on which this action is based. These documents may be found at the Office of the City Clerk at 450 Civic Center Plaza, Richmond, California 94804.

SECTION 5. This Resolution shall become effective upon its passage. *************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held _________, 2025, by the following vote:
604
Reso. No. xx-25

DocID
DocID #58631v1
AYES:

NOES:

ABSTENTIONS:
605
Reso. No. xx-25

DocID
DocID #58631v1
ABSENT:

Approved:

Mayor
Approved as to form:

City Attorney

CLERK OF THE CITY OF RICHMOND
(SEAL)
606
1 UPRR REMS
Project 806241

REIMBURSEMENT AGREEMENT

PRELIMINARY ENGINEERING SERVICES
Effective Date:

Estimate: $25,000.00
THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and the CITY OF RICHMOND, CALIFORNIA (Agency).

RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto (Project).

B. The Project will affect Railroad's track, right of way, or operations at or near the Project area more particularly described on Exhibit A.

C. Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement and any federal regulations.

AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:

1. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto (PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk.

2. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad and/or Railroad's third-party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. After completion of the PE Work, Railroad will submit (and/or will cause its third-party consultant to submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless whether Agency declines to proceed with the Project or Railroad elects not to approve the Project. 607

3. Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications, and prepare material and force cost estimates for any Project related work performed by Railroad.

4. If the Project is approved by Railroad, Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad.

5. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed.

6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties.

7. This Agreement sets forth the entire agreement between the parties regarding the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date.

CITY OF RICHMOND, CALIFORNIA UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation
Signature Signature
Amber Stoffels
Printed Name Printed Name
Manager I, Industry & Public Projects
Title Title
608
Exhibit A
Project Description and Location
Project Description
The City of Richmond, California proposes to add new fencing and barrier railing on the existing RRU grade separation and reconfigure lanes on the deck of the structure to accommodate bike lanes at the location referenced below.

Location
Martinez Subdivision
DOT
Crossing
Type Milepost Street Name
973874P Public 9.672 Bayview Avenue
609
Exhibit B
Scope of Project Services
Scope of work includes, but is not limited to the following:
• Field diagnostic(s) and inspections
• Review of construction documents (plans, specifications, etc.) • Project design
• Preparation of Project estimate for force account or other work performed by the Railroad
• Meetings and travel
610
Exhibit C
Billing Contact Information
Name Hillal Hamdan
Title Senior Civil Engineer
Address 450 Civic Center Plaza, Richmond, CA 94804
Work Phone +1 510-621-1612
Cell Phone
Email [email protected]
Agency
Project No.
611

April 1, 2025
Public Works
DATE: November 18, 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: Real estate agreements with property owners and City of Richmond, I-80/Central Avenue, Interchange
Improvements (phase 2) Project.

FINANCIAL IMPACT: Funding for the required right-of-way acquisitions is included in the existing project budget through previously appropriated State Transportation Improvement Program
(STIP) and Subregional Transportation Mitigation
Program (STMP) funds. No additional General Fund
appropriation is required as a result of the recommended action (Account String: 15436431 – 400706 – 29110).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The I-80/Central Avenue Interchange Improvements
(Phase II) Project involves right-of-way acquisitions
necessary to relieve traffic congestion, improve
multimodal circulation, and enhance access along the
Central Avenue corridor. These acquisitions are also
required to obtain Caltrans Right-of-Way Certification
prior to construction funding authorization and to maintain project funding eligibility and schedule commitments. City Council approval is needed to accept and record these
right-of-way acquisitions to keep the project on track for construction.

AGENDA
REPORT
612

April 1, 2025
RECOMMENDED ACTION: ADOPT a resolution to ACCEPT the required right-of-way acquisitions, including easements and grant deeds, for
the I-80/Central Avenue Improvements (Phase II) Project and AUTHORIZE the City Manager or designee to
execute all necessary documents and DIRECT the City
Clerk to record executed instruments with Contra Costa
County - Public Works Department (Hillal Hamdan 510-
621-1612/Robert Armijo 510-620-5477).

DISCUSSION:

The City of Richmond, in coordination with the Contra Costa Transportation Authority (CCTA), City of El Cerrito, Caltrans, and the West Costa Transportation Advisory Committee (WCCTAC), is advancing Phase II of the I-80/Central Avenue Interchange Improvements project. This long-standing regional project is intended to reduce traffic congestion and improve mobility along Central Avenue near the I-80 freeway ramps.

The four closely spaced intersections along Central Avenue between Jacuzzi Street and Pierce Street currently lack sufficient vehicle storage capacity to accommodate peak travel demands, especially on weekends, resulting in delays, spillback, and blocked freeway access. Improving traffic operations and circulation in this area has been identified as a priority to support efficient local access, regional travel, and goods movement.

Phase I improvements have been completed. Phase II will improve traffic flow in the corridor by restricting left turns and removing the existing traffic signal at Pierce Street and Central Avenue, while maintaining right-turn access with stop sign control. The project also extends San Mateo Avenue to Pierce Street, providing an alternate connection for vehicles needing to access Central Avenue. These improvements are expected to reduce queueing and improve multimodal circulation through the interchange area.

Execution of these improvements requires acquisition of temporary construction easements, permanent easements, and fee interests to support roadway realignment, pedestrian and bicycle improvements, and drainage facilities. The acquisitions are necessary to secure the right-of-way needed for construction and long-term maintenance activities and are required to obtain Caltrans Right-of-Way Certification in advance of construction funding authorization.

Appraisals were completed by a licensed appraiser under the oversight of Monument, a right-of-way consulting firm contracted by the City, and Caltrans conducted review to ensure compliance with State and Federal requirements. Written offers have been extended to affected property owners and negotiations are underway. 613

April 1, 2025
Staff recommend that the City Council adopt the resolution to accept and record the acquisition of parcels for the I-80/Central Avenue Improvements (Phase II) Project. This action will also authorize the City Manager or designee to execute all necessary deeds and documents related to the acquisition of property interests, including easements and grant deeds. Approval at this time will support the timely obligation of Subregional Transportation Mitigation Program (STMP) and State Transportation Improvement Program (STIP) funds and keep the project on track for construction.

DOCUMENTS ATTACHED:

Attachment 1 – Right-of-Way Acquisition Resolution (I-80/Central Ave Phase II) Attachment 2 – Acquisition map
614
Reso. No. xx-25

DocID #36462v1
RESOLUTION NO. xx-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

AUTHORIZING EXECUTION AND RECORDING OF RIGHT-OF-WAY
ACQUISITIONS FOR THE I-80/CENTRAL AVENUE INTERCHANGE

IMPROVEMENTS (PHASE II) PROJECT
WHEREAS, the City of Richmond, in coordination with the Contra Costa Transportation Authority (CCTA), Caltrans, the City of El Cerrito, and the West Contra Costa Transportation Advisory Committee (WCCTAC), is advancing the I-80/Central Avenue Interchange Improvements (Phase II) Project to relieve traffic congestion, improve multimodal circulation, and enhance access along the Central Avenue corridor; and WHEREAS, the Phase II improvements include traffic circulation modifications at the intersection of Central Avenue and Pierce Street, including removal of the existing traffic signal and restrictions on left-turn movements, as well as the extension of San Mateo Street to provide improved access to Central Avenue; and
WHEREAS, execution of these improvements requires the acquisition of temporary construction easements, permanent easements, and fee interests to support construction and longterm maintenance of roadway, bicycle, pedestrian, and drainage facilities; and WHEREAS, the right-of-way acquisitions are necessary to obtain Caltrans Right-of-Way Certification prior to construction funding authorization and are required to maintain project funding eligibility and delivery schedule commitments; and WHEREAS, the project is partially funded through the State Transportation Improvement Program (STIP) funds and the Subregional Transportation Mitigation Program (STMP) funds; and
WHEREAS, appraisals for the required property interests were performed by a licensed appraiser under the oversight of Monument, a right-of-way consulting firm contracted by the City, and reviewed by Caltrans to ensure compliance with State and Federal requirements; and WHEREAS, the project is funded in part through the State Transportation Improvement Program (STIP) and the Subregional Transportation Mitigation Program (STMP), and timely approval of the right-of-way acquisitions will support the successful delivery of the project.

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

Section 1. The foregoing recitals are true and correct and are hereby adopted as findings of the City Council.

Section 2. The City Council hereby authorizes the City Manager or designee to execute all necessary deeds and documents to accept and record the required right-of-way acquisitions, including easements and grant deeds, for the I-80/Central Avenue Interchange Improvements (Phase II) Project.

Section 3. The City Clerk is hereby directed to ensure all executed instruments are properly recorded in the official records of Contra Costa County.

Section 4. This Resolution shall become effective immediately upon its adoption. *************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held December , 2025, by the following vote:

AYES:

NOES:
615
Reso. No. xx-25

DocID #36462v1
ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
616
Reso. No. xx
-25

DocID #36462v1
617

PIERCE STREET
510-053-001
510-053-002
510-053-031
510-053-034
Existing 5' Pole
Line Easement
per 3286 OR 475
Existing 5' Sanitary
Sewer Easement
per 8 Maps 182
Map Date: 5/20/2025
0 10 20 30
SCALE IN FEET s

MAP FEATURES

PARCEL BOUNDARY

EXISTING EASEMENT

PROPOSED IMPACT
PERMANENT (+/- 5263 sq ft)
TCE (+/- 3879 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:
3150 PIERCE STREET LLC
APN: 510-053-001, 510-053-002,
510-053-031, 510-053-034
Project Area 1:12,000
618

CENTRAL AVENUE

PIERCE STREET
510-052-007
Map Date: 5/20/2025
0 10 20 30
SCALE IN FEET s

MAP FEATURES

PARCEL BOUNDARY

PROPOSED IMPACT
TCE (+/- 618 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

ADEH SAEID A (TRE);

AMIRI MEHRANGIZ
APN: 510-052-007
Project Area 1:12,000
Shell Gas Station
Chevron Gas Station
619
SAN
MATEO
STREET

CENTRAL AVENUE
SAN
MATEO
STREET
510-053-032
510-053-033
510-053-025
Map Date: 5/20/2025
0 10 20 30

SCALE IN FEET
s

MAP FEATURES

PARCEL BOUNDARY

PROPOSED IMPACT
PERMANENT (+/- 8734 sq ft)
1 in = 50 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

AFFORDABLE HSNG LAND

CONSULT
APN: 510-053-025, 510-053-032,
510-053-033
Project Area 1:12,000
620

CENTRAL AVENUE

CENTRAL AVENUE

PIERCE STREET
510-053-014
510-053-015
Existing 5' Pole
Line Easement
per 3286 OR 475
Existing Sidewalk
Easement per
8702 OR 115
Map Date: 5/20/2025
0 10 20 30
SCALE IN FEET s

MAP FEATURES

PARCEL BOUNDARY

EXISTING EASEMENT

PROPOSED IMPACT
TCE (+/- 720 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

ANABI REAL ESTATE DEV LLC
APN: 510-053-014, 510-053-015
Project Area 1:12,000
621
I-80

PIERCE STREET

PIERCE STREET
510-052-015
Existing Sewer
Easement per
3697 OR 157
Map Date: 5/20/2025
0 10 20 30
SCALE IN FEET s

MAP FEATURES

PARCEL BOUNDARY

EXISTING EASEMENT

PROPOSED IMPACT
TCE (+/- 707 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

BORGESON NORMA M (TRE)
APN: 510-052-015
Project Area 1:12,000

METRO DOG
622

SAN MATEO STREET
510-053-007
510-053-006
510-053-008
510-053-024
Existing 5' Sanitary
Sewer Easement
per 8 Maps 182
Map Date: 5/20/2025
0 10 20 30
SCALE IN FEET s

MAP FEATURES

PARCEL BOUNDARY

EXISTING EASEMENT

PROPOSED IMPACT
PERMANENT (+/- 5491 sq ft)
TCE (+/- 1332 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

DAVID & SUSAN DEPIANTO
APN: 510-053-006, 510-053-007,
510-053-008, 510-053-024
Project Area 1:12,000
623

PIERCE STREET
510-052-017
Existing 10'
Drainage Easement
per Bk 3055 Pg 030
Map Date: 5/20/2025
0 10 20 30
SCALE IN FEET s

MAP FEATURES

PARCEL BOUNDARY

EXISTING EASEMENT

PROPOSED IMPACT
TCE (+/- 523 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

PIERCE-MILLS PROPERTIES
APN: 510-052-017
Project Area 1:12,000
7 Stars Holistic
Healing Center
624

PIERCE STREET

ERCE STREET
510-052-016
Existing Sewer
Easement per
3697 OR 157
Existing 5' Sanitary
Sewer Easement
per 8 Maps 182
Map Date: 5/20/2025
0 10 20 30
SCALE IN FEET s

MAP FEATURES

PARCEL BOUNDARY

EXISTING EASEMENT

PROPOSED IMPACT
TCE (+/- 827 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

PIERI JOAN P (TRE);

BRUSSEAU LEONARD
APN: 510-052-016
(SHEET 1 OF 2)
Project Area 1:12,000
625

SAN MATEO STREET

CENTRAL AVENUE

PIERCE STREET

PIERCE STREET
Existing 5' Pole 510-053-029
Line Easement
per 3286 OR 475
Map Date: 5/20/2025
0 10 20 30
SCALE IN FEET s

MAP FEATURES

PARCEL BOUNDARY

EXISTING EASEMENT

PROPOSED IMPACT
TCE (+/- 138 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

PIERI JOAN P (TRE);

BRUSSEAU LEONARD
APN: 510-053-029
(SHEET 2 OF 2)
Project Area 1:12,000
626

SAN MATEO STREET

SAN MATEO STREET

CENTRAL AVENUE
510-053-019
510-053-020
Map Date: 5/20/2025
0 10 20 30
SCALE IN FEET s

MAP FEATURES

PARCEL BOUNDARY

PROPOSED IMPACT
PERMANENT (+/- 100 sq ft)
TCE (+/- 424 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

RAMONA 140 LP
APN: 510-053-019, 510-053-020
Project Area 1:12,000
627
PIE
RC
E
ST
R
E
E
T
510-053-037
510-053-005
510-053-040
Existing 5' Sanitary
Sewer Easement
per 8 Maps 182
Existing 12.8' Access
and Utility Easment
per 12458 OR 481
Existing 10'
Drainage Easement
per Bk 3055 Pg 030
Map Date: 5/20/2025
0 10 20 30

SCALE IN FEET
s

MAP FEATURES

PARCEL BOUNDARY

EXISTING EASEMENT

PROPOSED IMPACT
PERMANENT (+/- 1567 sq ft)
TCE (+/- 595 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

SHURGARD STORAGE

CENTERS INC
APN: 510-053-005, 510-053-037,
510-053-040
Project Area 1:12,000
628

YOLO AVENUE

CENTRAL AVENUE
510-043-003
Map Date: 5/20/2025
0 10 20 30

SCALE IN FEET
s

MAP FEATURES

PARCEL BOUNDARY

PROPOSED IMPACT
TCE (+/- 106 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

WONG, CHUN MAN
APN: 510-043-003
Project Area 1:12,000
629
SAN
MATEO
STREET
SAN
MATEO
STREET

CENTRAL AVENUE
PIERCE
STREE
510-044-019
Map Date: 5/20/2025
0 10 20 30

SCALE IN FEET
s

MAP FEATURES

PARCEL BOUNDARY

PROPOSED IMPACT
TCE (+/- 114 sq ft)
1 in = 30 ft
CENTRAL AVE/I-80 LOCAL ROAD

IMPROVEMENT PROJECT

PROPOSED IMPACTS
OWNER:

BATH, RAJINDERPAL
APN: 510-044-019
Project Area 1:12,000
630

November 18, 2025
Community Development
DATE: November 18, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Emily Combs, Finance Director
Dave Aleshire, City Attorney
Subject: Contract with RDH Building Science for Craneway Pavilion Condition Assessment
FINANCIAL IMPACT: The proposed $169,500 expenditure will be funded by the General Fund and is included within the approved
Fiscal Year 2025-2026 budget (Account String:
01161119-400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City of Richmond is negotiating a leasehold interest donation back to the City of the Craneway Pavilion
located at 1414-1422 Harbour Way South. As part of the
acquisition of the Craneway, the City is proposing to
complete a pre-turnover inspection of the facility;
therefore, Community Development is requesting
authorization to negotiate and execute a contract with
RDH Building Science to perform a condition assessment
of the Craneway Pavilion, located at the historic Ford
Assembly Plant.

RECOMMENDED ACTION: APPROVE a contract with RDH Building Science to perform a condition assessment of the Craneway
Pavilion, located at the historic Ford Assembly Plant, with a payment limit of $169,500, for a term ending December 31, 2026, and AUTHORIZE the City Manager, with
assistance of the City’s Attorney’s Office, to negotiate and execute the contract - Community Development
Department (Lina Velasco 510-620-6706).

AGENDA
REPORT
631

November 18, 2025
DISCUSSION:

In 2004, the City of Richmond entered into a long-term lease agreement with Ford Point LLC, a wholly owned subsidiary of Orton Entertainment, LLC, granting the lessee a possessory leasehold interest in the City-owned Craneway Pavilion property with base rent in the amount of one dollar ($1) per year. The lease term was established for fiftyfive (55) years, with unilateral extension provisions.

Recently, Orton Entertainment, LLC has approached the City with a proposal to voluntarily donate and reconvey to the City its entire possessory leasehold interest in the Craneway Pavilion. This proposed donation would return to the City full control and operational responsibility for the property, presenting both opportunities and potential liabilities that warrant careful assessment prior to acceptance.

To ensure that the City is fully informed regarding the physical, structural, and environmental condition of the facility and any associated obligations that may accompany the turnover, staff recommends engaging a qualified consultant to perform a comprehensive pre-turnover inspection and assessment.

The scope of the pre-turnover inspection would include, but is not limited to:
 Structural integrity assessment of the building envelope, foundation, roofing, and load-bearing elements;
 Mechanical, electrical, and plumbing (MEP) system evaluations, including HVAC performance and code compliance;
 Environmental review, including the presence of hazardous materials (asbestos, lead-based paint, mold, etc.) and compliance with applicable environmental regulations;
 ADA accessibility and life-safety code compliance review;  Condition assessment of interior and exterior finishes, fixtures, and equipment;  Evaluation of deferred maintenance, capital improvement needs, and estimated costs for remediation or repair; and
 Preparation of a written report and photographic documentation detailing findings, with recommendations for next steps prior to City acceptance of the leasehold interest.

The consultant’s report will provide a factual foundation for the City to evaluate whether to proceed with acceptance of the proposed donation, identify any liabilities or deferred maintenance obligations, and plan for future programming and capital budgeting for the facility.

The Craneway includes facilities built on private property, formerly owned by Orton Development, which was sold to MC MP Ford Point Realty, LLC in 2022. These facilities include the restrooms, bar, catering kitchen, storage, and production offices located near the northwest entrance of the building. The former Assemble restaurant is not part of the area that the City leases to Orton Development. The restaurant is located on private property also owned by MC MP Ford Point Realty, LLC. Currently, 632

November 18, 2025
Orton Entertainment, LLC leases the restaurant and bathroom facilities from MC MP Ford Point Realty, LLC via a Restaurant Lease and Craneway Auxiliary Facilities Lease, respectively. The site plan below shows the various lease areas and lessors/lessees.

Consultant Selection Process
On October 9, 2025, the City issued a Request for Proposals (RFP) for Pre-Turnover Condition Assessment for the Craneway Pavilion. The RFP was posted on the City's BidsOnline System, and 1637 vendors were notified. Of the firms notified, 33 downloaded the RFP, and 3 responded with proposals (Attachment 1). The responses were reviewed by a panel of staff from Community Development’s Building Division, Finance Department, Public Works’ Maintenance Division, and Risk Management Division, and RDH Building Science was the highest-ranked team (Attachment 2).

Consequently, City staff are recommending the City Council approve a contract with RDH Building Science and authorize the City Manager, in concert the City Attorney’s Office, to negotiate and execute the contract. (Attachment 3). Upon RDH’s commencement of work the anticipated timeline for them to complete their pre-turnover report is approximately 65 days.

Proposals were evaluated based on the respondents’ relevant experience, proposal & qualifications, project approach & methodology, understanding of Historic Preservation requirements, cost proposal, and references & past performance. 633

November 18, 2025
Summary of other work being completed for Potential Transaction In addition to completing the proposed inspection, the City has retained Land Econ Group (LEG) to assist in evaluating the challenges and financial implications associated with transitioning the Craneway Pavilion back into a community event center that serves the public interest. LEG’s key tasks include:
 Review of the uses permitted by the State Lands Commission that are consistent with the Public Trust.
 Assessment of the operating and maintenance costs.
 Preparation of four case studies of how other similar buildings owned by public agencies. The case studies will include the Foss Waterway Seaport in Tacoma, the Fort Mason Center in San Francisco, the Bridge Yard building in Oakland and Pier 70 Building 12 in San Francisco.

The case studies will:
o Discuss the advantages and disadvantages of leasing to a non-profit organization verses retaining a for-profit venue operating company. o Analyze their financial performance, where such information is available  Analyze the implications of a successful Craneway Pavilion on the long-term future of Ford Point waterfront in Richmond.

Upon completion of this work, the City Council will need to either direct staff to conduct further analysis as necessary to address any outstanding questions or concerns identified in the pre-turnover inspection report or financial analysis or consider next steps for accepting the Craneway Pavillion property.

As part of the due diligence for the acquisition, the City will complete a Phase I Environmental Site Assessment, with the support of Stantec, to evaluate potential environmental conditions associated with current and historical uses of the site. This assessment is intended to identify any recognized environmental concerns, ensure compliance with applicable environmental laws, and protect the parties from potential liability related to prior contamination.

SYNERGISTIC POLICIES:

Accepting the leasehold interest of the Craneway will help further City objectives to diversify its economic base, enhance visitor-serving amenities, and utilize its historic waterfront assets. This acquisition advances the City’s goals of attracting meetings, conventions and cultural events; stimulating local hotel-restaurant-retail activity; preserving and activating a landmark historic property; and ensuring meaningful public benefit and access consistent with the City’s waterfront redevelopment and economic inclusion policies.
634

November 18, 2025
NEXT STEPS:

Upon the completion of the Phase 1 and Pre-turnover inspection, the City will negotiate an agreement with Orton Entertainment LLC, which would include accepting the Craneway facility back subject to negotiated terms and conditions.

In addition, the City is discussing with MC MP Ford Point Realty LLC the leasing of the Auxiliary spaces related to the Craneway and seeing if a common operator for the restaurant and Craneway can be identified.

DOCUMENTS ATTACHED:

Attachment 1 – BidsOnline Summary Report
Attachment 2 – Rating Matrix
Attachment 3 – Contract
635
City of Richmond
Pre-Turnover Condition Assessment – Craneway Pavilion - Request for Proposals (RFP) (CD#10092025), bidding on 10/27/2025 3:00 PM (PDT)

Printed 11/03/2025
PlanetBids
636
City of Richmond
Pre-Turnover Condition Assessment – Craneway Pavilion - Request for Proposals (RFP) (CD#10092025), bidding on 10/27/2025 3:00 PM (PDT)

Printed 11/03/2025
PlanetBids
637
City of Richmond
Pre-Turnover Condition Assessment – Craneway Pavilion - Request for Proposals (RFP) (CD#10092025), bidding on 10/27/2025 3:00 PM (PDT)

Printed 11/03/2025
PlanetBids
638
City of Richmond
Pre-Turnover Condition Assessment – Craneway Pavilion - Request for Proposals (RFP) (CD#10092025), bidding on 10/27/2025 3:00 PM (PDT)

Printed 11/03/2025
PlanetBids
639
City of Richmond
Pre-Turnover Condition Assessment – Craneway Pavilion - Request for Proposals (RFP) (CD#10092025), bidding on 10/27/2025 3:00 PM (PDT)

Printed 11/06/2025
PlanetBids
640
City of Richmond
Pre-Turnover Condition Assessment – Craneway Pavilion - Request for Proposals (RFP) (CD#10092025), bidding on 10/27/2025 3:00 PM (PDT)

Printed 11/03/2025
PlanetBids
641
City of Richmond
Pre-Turnover Condition Assessment – Craneway Pavilion - Request for Proposals (RFP) (CD#10092025), bidding on 10/27/2025 3:00 PM (PDT)

Printed 11/03/2025
PlanetBids
642
City of Richmond
Pre-Turnover Condition Assessment – Craneway Pavilion - Request for Proposals (RFP) (CD#10092025), bidding on 10/27/2025 3:00 PM (PDT)

Printed 11/03/2025
PlanetBids
643
City of Richmond
Pre-Turnover Condition Assessment – Craneway Pavilion - Request for Proposals (RFP) (CD#10092025), bidding on 10/27/2025 3:00 PM (PDT)

Printed 11/03/2025
PlanetBids
644
Vendor Name Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4 TOTAL Rank 1 Bureau Veritas 70 91 75 46 282 3
2 RDH Building Science 89 96 93 80 358 1
3 Wiss, Janney, Elstner
Associates, Inc. (WJE) 80 93 77 96 346 2
Pre-Turnover Condition Assessment - Craneway Pavillion
Request for Proposals (RFP)
November 10, 2025
645

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.

Community Development Lina Velasco [email protected] (510) 620-6706 17147 RDH Building Science will perform a condition assessment of the Craneway Pavilion located at the historic Ford Assembly Plant. RDH Building Science 1901 Harrison St # 1210 Oakland, CA 94162 Tammy Siliznoff | MS, P.E., LEED AP (510) 853-4497 [email protected] 40068274 November 18, 2025 December 31, 2026 169,500.00 646

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
RDH Building Science
647
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]:

RDH Building Science
The scope of the condition assessment for the project is further detailed in the attached project approach and methodology, which includes the following:
• Structural integrity assessment of the building envelope, foundation, roofing, and load-bearing elements;
• Mechanical, electrical, and plumbing (MEP) system evaluations, including HVAC performance and code compliance;
• Environmental review, including the presence of hazardous materials (asbestos, lead-based paint, mold, etc.) and compliance with applicable environmental regulations; • ADA accessibility and life-safety code compliance review; • Condition assessment of interior and exterior finishes, fixtures, and equipment; • Evaluation of deferred maintenance, capital improvement needs, and estimated costs for remediation or repair; and
• Preparation of a written report and photographic documentation detailing findings, with recommendations for next steps prior to City acceptance of the leasehold interest.

Project Schedule and not to exceed Budget shall be as outlined in the attached cost proposal and fee rate sheets.
648

RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 8 |

3. Project Approach & Methodology
The Craneway Pavilion, built in 1931, is a historically significant building located at the historic Ford Assembly Plant on the Richmond waterfront. The building’s industrial architecture includes steel-framed ribbon windows, brick façade, clerestory windows and steep-sloped roof.

A condition assessment of the Craneway Pavilion is necessary to document its condition at the time of turnover for potential turnover to the City of Richmond after being leased since 2004. The condition assessment will be an extensive, non-invasive assessment of the structure, the building enclosure, mechanical, electrical, plumbing components, fire-life safety, and environmental conditions. RDH Building Science will partner with Marx Okubo, Tipping Structural, and SLR Consulting to provide a comprehensive condition assessment with the expertise from firms specializing in each scope. Our Teams scope and methodology is outlined below. Following our team’s condition assessment, we will provide a comprehensive report of our observations, testing results, recommendations for rehabilitation and remaining service life, rough order of magnitude (ROM) pricing. Our report will include a deficiency list prioritized by urgency, annotated photographic log organized by system and location, and completed inspection checklists. We will provide a report in pdf and word formats.

Building Enclosure Condition Assessment (BECA) (RDH)
Our building enclosure condition assessment will be a visual assessment and testing with the intent of providing you information on the current condition of building enclosure systems, including the cladding, paint, roofing, windows, potential issues concerned with proper drainage or building envelope performance, and review of condensation-related issues. We also include Waterfront Edge condition assessment as part of our scope.

Our base scope of work includes a visual inspection from the ground, roof areas, and via bucket lift and from the crane bridge catwalk. We will also use drones on the interior and exterior (pending approval from NPS). And various non-destructive testing procedures such as infrared thermography to check for areas of air infiltration and hidden wet areas.

We have separated our building enclosure condition assessment scope into general services, and systemspecific services, for clarity.

General
 Review any available documentation you may have pertaining to the original design and construction of the building enclosure as well as any renovations related to the façade.  This documentation should ideally include full sets of architectural and structural drawings with specifications and, if available, any photographs of the building while under construction or renovation, or enclosure-related reports.  These documents are helpful in identifying potential issues, inform our investigation, and for pricing exercises.
 Review any documentation relevant to the project conditions, including but not limited to moisture-related, mechanical, or electrical problems, previous reports, photographs, and information related to previous repair work or renovations undertaken.
 Spend up to two (2) days on site with two (2) to three (3) staff from RDH to review the condition of the building enclosure systems and perform the testing described below. We will spend up to an additional three (3) days on site with one to two (1-2) staff to inspect the waterfront edge conditions. During the investigation, we will require you or your designate to provide us with safe access to the exterior of the building and mechanical equipment, including ladders and tie-off anchors at roofs (we will provide our own harnesses and lanyards, and other PPE), ladder and lift access, and arrange access to the interior of the building.  We assume that the City will provide a lift and operator if needed, we have not included a lift or operator in our fees. If necessary, we can provide a lift and operator on a time and expense basis.  We will make reasonable efforts to interview property management and maintenance personnel during the site visit, or by telephone before or after the site visit, to the extent that persons with knowledge of the subject project are available. The purpose of the interviews is to augment the walk-through process, further our understanding of the subject property, and assist with the identification of physical deficiencies. Our questions may include the following:
‒ Type and extent of known deferred maintenance and deficiencies 649

RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 9 | ‒ Historical costs incurred for repairs, improvements, recurring replacements, etc. ‒ Programs for preventative maintenance, repairs, and budgeting for replacement reserves ‒ Age of systems and components when they differ from the age of the property ‒ Current and recent maintenance practices
‒ Existence of outstanding citations for building, fire, and zoning code violations  The first day of our site visit will include visual review of the building enclosure systems, identification of further access needs, and identify areas for testing where beneficial. Our second day on site will include testing and further visual review.  Our testing may include water testing per AAMA standards to identify causes of water intrusion and IR thermography to identify areas of water intrusion and air leakage.

Interiors
 Perform a visual walk-through review of interior conditions, to assess any impact of exterior enclosure performance issues. We request access to rooms that border exterior walls and roofs.  If any rooms are experiencing specific problems as identified by maintenance staff, tenants, or the Owner, we would request those units be part of our survey.  We also request review of areas where heating and ventilation equipment are installed, locations of plumbing, electrical, and fire protection components are accessible. We will perform a drone survey of the interior if there are areas we cannot access via lift or crane bridge catwalk.
 We will review underlying conditions behind the ceiling panels if there are exposed areas where panels are already detaching. This will provide information on the roof/ceiling assembly and review for potential condensation risks or issues.

Note that we understand exploratory openings are not part of this condition assessment and will not remove panels.

Exterior Walls and Roofs
 Perform a Visual review of exterior walls, roofs, parapets, metal flashings, at-grade conditions, and other cladding elements to gain a broad perspective of the construction methodology and performance of the building materials. We anticipate accessing the exterior walls using ladders or from the ground and low roof, lifts, or other safe access means.

Access to the exterior of the buildings including ladders and lifts to be provided by you or your designate. We will review for brick wall performance, noting location and degree of spalling, anchor corrosion, efflorescence, staining, and previous patch work.
 Review and comment on drainage patterns and conditions at the roof and deck areas and compare against historic information that may be available on the original drawings or as part of other project documentation.  Where safe access exists, perform a visual review of the roof areas, including identification of material types, roof slopes and drainage capacity/performance, conditions of flashings and edge conditions, and overall assessment of approximate remaining useful life.    We will review
detailing such as penetrations, scuppers, downspouts,
copings, and safe path and fall protection. If appropriate, we may perform an infrared (IR) thermography scan to
help identify areas of water intrusion.

Glazing Systems  and Doors
 Perform a visual assessment of wet seals, putty, and
glazing gaskets at representative sampling of each
window type (including historic steel-framed windows,
storefronts, and glazed doors).
 Identify areas corrosion at steel-framed windows and
metal doors.
/ Figure 1
Example of a roof IR thermography scan
650

RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 10 |  We will review the historic steel windows and provide options for thermal upgrades that meet The Secretary of the Interior’s Standards for historic buildings.
 During interior review, identify evidence of window frame or glazing air and water leakage.  This will include review for staining and deterioration around windows, doors, and thresholds. We will use IR thermography where appropriate to pinpoint areas of air leakage.
 Review for operation functionality, hardware, glazing seal failure, frame deformation, and other visually identifiable conditions that may affect the assembly performance.
 Review function and performance of metal doors and roll-up doors. We will review for air and water infiltration and performance of weather stripping and/or gaskets.

Waterfront Edge
To visually review the pier, pilings, and bulkhead we will utilize an operated skiff with up to two (2) engineers on board. The work will be scheduled around the tides to ensure adequate clearance is available under the pier. We anticipate loading into the boat at the nearby Richmond Launch Ramp if there is no ladder access available at the pier. Our review assumes two (2) days to review the pier, pilings, and bulkhead, inclusive of watercraft and skipper. One (1) day will be spent to visually review select piers via SCUBA diving. Dive inspection will be performed from the skiff with one diver and one engineer on board to review video footage. Skiff and operator as well as dive inspection will be provided by Power Engineering Construction. Our review will include the following:
 Visual review of the topside and underside of the piers, connections, pilings, and bulkhead. We will probe the wood components with awls and use a handheld resistograph for minimally invasive testing at random areas and/or at areas where there are signs of wood deterioration or marine borer activity. We will review concrete for signs of cracking, spalling, and reinforcing bar corrosion. We will perform sounding by hand and/or with a rebound hammer on concrete elements to review for delamination. I
 If present, review railings, fendering, pier topping coatings, and other components in the splash zone for corrosion, deterioration or signs of deficiencies.
 Visual review of a sampling of pilings below the water. This will be performed by a certified diver with real-time video review by the engineer, as well as photos to record the site conditions. We will review for signs of marine borer activity and deterioration.
 Review steel connections and components for visual signs of deterioration. We will take steel thickness measurements at select locations to verify sectional thickness/loss using an ultrasonic thickness gauge.  We note that our assessment of the waterfront edge does not include structural assessment.

Water Testing
Water testing is a useful investigative tool. It can be used to identify the overall performance characteristics of windows and to track specific leakage activity to determine its cause. RDH has all the equipment and trained, skilled staff necessary to perform water penetration (and/or air leakage) performance testing of glazing systems and assemblies. If we feel water testing will be beneficial, we will perform testing on the second site visit. We will use a calibrated AAMA nozzle and test in accordance with AAMA 501.2 Quality Assurance and Water Field Check of Installed Storefronts, Curtain Walls and Sloped Glazing Systems.
651

RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 11 | Phase 1 – Facility Condition Assessment (Marx|Okubo)
The Scope of Work for the Facility Condition Assessment Services to be performed by Marx Okubo is as defined below and generally conforms with and/or exceeds the technical requirements of ASTM E2018-24.

The Client and Marx Okubo acknowledge and understand that the Services described herein will be based upon one site visit comprising a limited walk-through survey of accessible areas based upon the sample size(s) for property elements as specifically defined herein, or as determined by Marx Okubo as a reasonable number of repetitive systems, components or conditions so as to reasonably perform the Services. The objective of the walk-through survey is to visually observe the subject property so as to obtain information on material systems and components for purposes of providing a brief description, identifying physical deficiencies to the extent that they are readily visible and readily accessible, identifying an opinion of costs when appropriate, and obtaining information needed to address such issues.

Marx Okubo will make reasonable efforts to interview property management and maintenance personnel during the site visit, or by telephone before or after the site visit, to the extent that persons with knowledge of the subject project are available and cooperative. The purpose of the interviews is to augment the walk-through process, further our understanding of the subject property, and assist with the identification of physical deficiencies. Questions will be asked at our discretion in an effort to discover the following information:
 Type and extent of deferred maintenance and deficiencies  Anticipated costs to remedy known physical deficiencies  Historical costs incurred for repairs, improvements, recurring replacements, etc.  Programs for preventative maintenance, repairs, and budgeting for replacement reserves  Age of systems, components and equipment when they differ from the age of the property  Current and recent maintenance practices
 Existence of outstanding citations for building, fire, and zoning code violations, an ADA assessment survey and status of any compliance activity
Records or documents, if made readily available, may be used to specifically identify, or assist in the identification of, physical deficiencies, as well as any preceding or ongoing efforts, or costs to investigate or remediate the physical deficiencies, or a combination thereof. No commentary on the accuracy of such documents will be included.

Marx Okubo will review the following elements of the subject property:

2.1 Site

2.1.1 Site observation services include: topography, storm water drainage, ingress and egress, paving, curbing, parking and verification of parking count, loading areas, flatwork, landscaping, irrigation systems, retaining walls, fencing, signage, amenities, and utilities.

2.1.2 Documentation access and property personnel interview services include: utility service providers, ALTA survey, and identification of known issues related to items included in site observation services.

2.1.3 Exclusions: operating conditions of any systems and accessing manholes or utility pits. See Attachment A, Item 2 of the City of Richmond RFP on page 37 of 45; Waterfront edge and environmental will be performed by others.

2.2 Structure - Not included in scope

2.3 Building Enclosure - Not included in scope

2.4 Interior Improvements

2.4.1 Site observation services include: review of floors, ceilings, and walls and their finishes, interior glazing systems, doors, and cabinetry and millwork for signs of damage resulting from other than normal wear and tear. Locations to be observed include typical common areas including lobbies, corridors, stairs, assembly areas, public restrooms, and the interior spaces identified in Attachment A of the RFP on page 38 of 45.

2.4.2 Documentation review and property personnel interview services include: description of concealed elements, and identification of known issues related to items included in Section 2.4.1. 652

RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 12 |

2.4.3 Exclusions: operating appliances or fixtures; determining or reporting acoustic ratings, and flammability issues/regulations; determining organic growth or mold presence; indoor air quality; and calculation of costs for routine replacement of interior finishes, fixtures, or equipment. Detailed assessment, testing or measurement of acoustic performance of assemblies or equipment.

2.5 Mechanical, Electrical, Plumbing, and Fire Protection Systems

2.5.1 Site observation services include: heating, ventilation, air conditioning, plumbing, electrical, and fire protection systems to the extent they are accessible and visible. See Attachment A, items 7,8, and 9 of the RFP on page 39 of 45.

2.5.2 Documentation review and interview services include: identifying primary design criteria, description of concealed elements, and identification of known issues related to items included in Section 2.5.1.

2.5.3 Exclusions: observation of flue connections, interiors of chimneys, flues or boiler stacks; tenant-owned or -maintained equipment; process-related equipment; testing or measurements of equipment or air flow; removal of electrical panel and device covers, except if removed by building staff or unless deemed safe and appropriate to the scope of the assignment; EMF issues; electrical testing or operating of any electrical devices; determining NFPA hazard classifications; and entering of plenum or confined space areas, unless deemed safe and appropriate to the scope of the assignment.

2.6 Building Equipment

2.6.1 Site observation services include: vertical transportation systems, other conveying systems, façade access fixtures and equipment, communication systems, and security systems. See Attachment A, Item 14 of the City of Richmond RFP on page 40 of 45.

2.6.2 Documentation review and property personnel interview services include: identifying primary design criteria, description of concealed elements, and identification of known issues related to items included in Section 2.6.1.

2.6.3 Exclusions: examining of elevator cables, sheaves, controllers, motors, and inspection tags; entering elevator/escalator pits or shafts; and entering of plenum or confined space areas; testing of building equipment, unless otherwise identified as a specialty review in this proposal.

2.7 Building, Fire, and Zoning Code Review

2.7.1 Site observation services include: means of egress, material building code violations, and design features of major building elements which may significantly affect the occupancy of the building(s) for the intended use.

2.7.2 Documentation review and property personnel interview services include: identification of violations and known issues related to compliance with building code requirements.

2.7.3 Government research services include: telephone or online research with the planning and zoning, building, and fire authorities having jurisdiction to identify outstanding violations, identify the zoning code, and request a copy of the base building Certificate of Occupancy. Fees related to such information requests, and time and expenses related to out-of-office research, will be presented to the Client for approval as reimbursable expenses in addition to the fees and expenses included in this proposal.

2.7.4 Exclusions: identifying, classifying, or testing fire rating of assemblies; determination of the necessity for or the presence of fire areas, fire walls, fire barriers, paths of travel; construction groups or types, or use classifications; strict code compliance, physical visits to the building, zoning, or fire department for information, if not previously approved by the Client.

2.8 Accessibility

2.8.1 Site observation services include: an overview for general compliance with Federal accessibility standards under Title III of the Americans with Disabilities Act (ADA). Since the evaluation is limited in scope and is based on representative sampling, non-compliant conditions may exist which will not be identified as a result of the assessment. A detailed study of the conformance of properties with the requirements of ADA is beyond the scope of a baseline review.

Our review shall include site and building access at a sampling of locations, as well as approximately 10% of stacked floor core common areas, tenant entries, or similar repetitive elements. In order to perform these services, it is important to receive accurate information about dates of first occupancy of each building. 653

RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 13 |

2.8.2 Exclusions: review of commercial tenant interior spaces; review for compliance with current or historical state and local codes; review to the 1991 ADA Standards; review to historical or prior code standards; review for additional accessible design and construction requirements applicable to the property imposed under financial assistance programs or by local or state authorities having jurisdiction; review of prior reports relating to accessibility and identification of known issues related to items included in Section 2.8.1; review of Title I, Employment; Title II, Public Services and Transportation; Title IV, Telecommunication, and Title V, Miscellaneous; determining what is readily achievable; determining what is public accommodation is excluded.

Phase 1 – Fire Protection and Life Safety Review (Marx|Okubo)

3.1 Fire Protection and Life Safety Specialist Review A visual review of the building fire protection and life safety components, as well as review of inspection, testing, and maintenance records (to the extent they are provided by property ownership) will be performed by a fire protection specialist. We will review with respect to the applicable building and fire code requirements, in the following categories, to the extent they apply to the subject building:
 Active Fire Protection Features
 Water Based Sprinkler and Standpipe Systems
 Automatic Fire Pumps
 Fire Water Tanks
 Alternative/Gaseous Fire Protection Systems
 Smoke Control Management
 Water Supply including Fire Department Connections
 Passive Fire Protection Features
 Fire Walls
 Fire Barriers
 Fire Stop System
 Fire Alarm System
 Fire Alarm Control Panel
 Initiating Devices
 Notification Appliances
 Building Life Safety Features
 Means of Egress
 Emergency Lighting
 Elevator Emergency Firemen's Recall
 Emergency Generator
 Portable Fire Extinguishers
 See Attachment A, item 10 of the RFP on page 39 of 45.

3.2 Detailed Accessibility Review

3.2.1 A detailed review will be conducted to assess compliance with the ADA. Our review shall include measurements of site and building elements including - See Attachment A, item 11 of the City of Richmond RFP on page 40 of 45.

3.2.2 The findings will include an itemized list of barriers observed and an opinion of costs to mitigate. In order to perform these Services, it is important to receive accurate information about dates of first occupancy and/or alterations of each building. Our review will include, but not be limited to paths of travel, parking, common use areas and elements, signage placement, one of each unit configuration (arrangement of covered elements), accessible routes, primary building entrances, 654

RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 14 | door (sizes, thresholds, hardware, etc.), dwelling unit and common use kitchen and bathrooms, and control locations. Review will address the stated elements but will not be an exhaustive check of every feature.

Marx Okubo will use construction tolerances for elements or conditions based on our experience and expertise that provide a reasonable measure of accessibility that may be applied when surveying, reviewing, and documenting observed deficiencies.

Exclusions: review of commercial tenant interior spaces; review for additional accessible design and construction requirements applicable to the property imposed under financial assistance programs or by local or state authorities having jurisdiction; review of Title I, Employment; Title II, Public Services and Transportation; Title IV, Telecommunication, and Title V, Miscellaneous. Review for text size, font, contrast and Braille accuracy of signage. The general presence of alarms and strobes will be confirmed; however, review for mounting, spacing and function characteristics is excluded.

It should be understood that while Marx Okubo can provide assistance in evaluating structural impracticability, technical feasibility and a conceptual barrier removal plan, whether or not a particular barrier is readily achievable can only be determined by the property owner and legal counsel. This report will not include an assessment of readily achievable barrier removal.

3.3 Baseline Sustainability Review
Marx Okubo will perform a general review of the project's sustainability attributes, as well as perform a cursory-level hazard screening to identify potential natural hazards that may pose a risk to the property:

3.3.1 See Attachment A, item 13 of the RFP on page 40 of 45.

3.3.2 Review the property to determine whether it has achieved any sustainability-related certifications such as Energy Star, Green Globes, LEED, IREM CSP, WELL Building, or other similar certifications.

3.3.3 Determine if any measures have been taken in the past to reduce energy consumption.

3.3.4 Look at the sustainable attributes of the property related to site, architectural, mechanical, plumbing, electrical, policies and identify innovative sustainable features.

3.3.5 Determine the type of refrigerant used in the building's HVAC system.

3.3.6 Attempt to determine if the building participates in a program that recycles waste materials.

3.3.7 Determine the subject property's walk, bike, and transit scores as a component of healthy and sustainable building operations.

3.3.8 Determine if the subject property is located in an area that requires disclosure of energy benchmarking. If it is, we will attempt to secure the existing benchmarking data and incorporate the findings into our review.

3.3.9 Attempt to determine if the property is located in an area where governmental requirements around building performance. If the property is located within a jurisdiction that has building performance standards or regulations in place or proposed. Consultant may include a recommendation to perform a regulatory and incentive review to identify any potential transitional risks associated with the property as an additional service.

Additional Services (Optional) (Marx|Okubo)
The following services are not included but can be performed at an additional cost:
 Regulatory Compliance and Incentive Review, including identifying fines associated with Building Performance Standards (BPS)
 Physical and transitional risk analysis and mitigation  Energy, Water, and Greenhouse Gas Audits
 Carbon Risk Real Estate Monitor (CRREM) Tool
 Solar Feasibility Study
 EV Charging Feasibility Study
 Electrification Feasibility Study
655

RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 15 |  Certification Gap Analysis (Specify certification type)  Indoor Air Quality Testing
 Building Commissioning (Specify commissioning type)
 Property Resilience Assessment
Deliverables (Marx|Okubo)
Facility Condition Report
Marx Okubo will prepare a facility condition report (the "Report") that summarizes the findings from our evaluation of the items in Sections 2.0 and 3.0 above. When deemed appropriate by Marx Okubo, we will provide an opinion of costs ("Costs") to address the necessary capital expenditures identified during the performance of our Facility Condition Assessment and Specialty Services.

We will prepare a ten-year reserve of Costs, as specified by Client. The Costs are intended only as a preliminary budget and not the actual estimated costs to repair as actual costs will vary depending on design, current subcontractor market factors and potential unforeseen conditions associated with the component for which an opinion of cost is provided. Items to be included in the Costs will be greater than $3,000 per item, with the exception of items determined by Marx Okubo to be life/safety and accessibility issues, which will be included in the Costs regardless of their value. The costs of routine maintenance items considered part of Operations and Maintenance, such as yearly roofing system maintenance, filter changes, routine cleaning, minor corrective repairs, annual equipment and system inspections and tests, interior finishes and fixtures, appliance replacements, items with costs below the threshold established, etc., are excluded.

The results of our field survey will be submitted following established Marx Okubo guidelines.

4.2 Media and Distribution
Marx Okubo will provide electronic copies of the Costs and Report in Portable Document Format (PDF) format. Client will provide distribution requirements for the deliverables. 656

RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 16 | PHASE 1 – Structural Assessment (Tipping)
The Structural Assessment services proposed by Tipping in the first phase of the project, to be performed within the time allotted in the RFP, will not involve detailed field investigations or testing to characterize the structural materials (steel and concrete strengths, reinforcing layouts in concrete, pile foundation capacities). We will use our experience with similar building types and make assumptions to perform preliminary analyses of the structure within the allotted timeframe.

We will prepare a written report to summarize our findings and recommendations. Specifically, our condition assessment will consist of the following tasks:
 Review of any existing building drawings and reports that are made available to us.  Perform a site visit with the team to review readily visible existing condition. We expect to be on site for up to a full day, and that a lift will be provided so we can observe and measure roof framing elements (i.e. trusses). We will not remove any finishes while on site.
 Perform a preliminary seismic evaluation (ASCE 41 Tier 1) of the building with the intention of identifying any major deficiencies in the seismic force resisting systems.
 Our written summary will cover the following items:
‒ Assessment of the primary structural system including columns/frames, long-span roof trusses, foundations, and bracing/diaphragms. This assessment will review strength and deflection requirements, and document observed deficiencies such as excessive deflections, settlement, cracking, and corrosion. ‒ ASCE 41 Tier 1 seismic evaluation (incorporating original structural elements and any documented or observed past retrofits with an assessment of primary frames and walls collectors/drag struts, diaphragm chords, parapets/facades, heavy ornament; anchorage of heavy equipment and non-structural components.) ‒ Documentation of observed corrosion at key areas such as roof truss bearings and salt-exposed steel ‒ Documentation of expected floor live load capacity for assembly/event equipment and allowable rigging point capacities and spacing to inform a suspended loads policy for future events.

PHASE 2 – Additional Scope of Services (Optional) (Tipping) We recommend that after reviewing the findings of our Phase 1 work, the client consider pursuing a second phase of the study that will involve a more detailed building analysis, based on field testing to better characterize actual structural material properties and configurations. During this phase, we would coordinate with an independent testing lab to sample steel and concrete elements to better characterize material strengths, scan concrete elements to determine reinforcing configurations, determine pile capacities, etc. Such a study may result in more refined and less conservative guidance related to allowable floor and truss loading and permit the use of a more detailed Tier 2 or Tier 3 seismic analysis that may result in efficiencies related to structural retrofit recommendations. As our deliverable for this phase, we would provide updating findings based on the additional information obtained and analysis performed.

657

RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 17 | PHASE 1 – Environmental and Hazardous Materials (SLR Consulting) SLR proposes perform the following services for the specific parcel listed above.

The following tasks will be completed as part of the Scope of Work:
 Perform a site reconnaissance to look for conditions that could indicate current or past releases of hazardous substances or petroleum products at the Subject Property. During the site reconnaissance we will look for the following conditions:
 Asbestos/lead/PCBs: survey status, remaining ACM/LBP (common in historic steel  sash windows/caulks), ballast/transformer PCBs.
 Mold/moisture: roof/wall leaks, HVAC condensate issues; spore sampling if  warranted.
 Indoor air quality: CO₂, CO, particulate, VOCs (screening), odors.  Universal wastes: lamps, batteries, e-waste storage.
 Fuel systems: generator/day tanks, secondary containment, odor/leak checks.  Stormwater compliance: BMPs, grease management for concessions.  Wildlife/birds: nesting in trusses/ledges; guano cleanup protocols.  Environmental: staining, UST/AST presence, hazardous storage, waste enclosures.  SLR will conduct a visual reconnaissance and vicinity to review existing conditions. We will also evaluate the potential for adverse environmental impact from nearby areas, based upon readily visible evidence of land uses.  Visually survey the site for Make inquiries of selected local, state, and federal environmental regulatory agencies for listed data concerning present or past environmental concerns at the Subject Properties or nearby properties.

Federal lists to be reviewed include RCRA, CERCLIS, NPL, and ERNS. SLR may contact local fire departments, fire marshals offices, building departments, the California Regional Water Quality Control Board, and/or the California Department of Toxic Substances Control. It is understood that access to regulatory agency files may be limited and subject to scheduling restrictions of the particular office.  SLR will update review selected background and historical information including aerial photographs, city directories, and Sanborn Fire Insurance Maps if they were published for the area of Subject Properties. We will review ownership and tenant history for information on past activities. In addition, we will review previous environmental reports that pertain to the Subject Properties, if made available to us.

We will deliver a condition assessment report for the above issues identifying the following:

1. Condition Assessment Report (PDF and editable Word format).

2. Completed Inspection Checklists with notes.

3. Annotated Photographic Log organized by system/location.

4. Deficiency List prioritized by urgency.

5. Rough Order of Magnitude (ROM) Cost Estimates for corrective actions

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RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 26 |

6. Proposed Schedule
RDH and our partners propose the following schedule for our services:

MILESTONE TIMELINE (FROM NOTICE TO PROCEED)
Kick-off Meeting 5 business days
Site Inspection/document review 25 business days (duration 20 business days) Draft Report Submission 45 business days (duration 20 business days) City Review & Comments 60 business days (duration 15 business days) Final Report Submission 65 business days (duration 5 business days)

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RDH BUILDING SCIENCE INC. | CRANEWAY PAVILION | OCTOBER 27, 2025 27 |

7. Cost Proposal
The fee in Table 7.1 below outlines our proposed fees for this project. Error! Reference source not found. summarizes the scope of each partner.

TABLE 7.1 FEE SUMMARY FEES
RDH Scope
Building Envelope, Roofing, Envelope Performance
$35,500
RDH Scope
Waterfront Edge (Including 2 days boat access, 1 day of diver access) $29,500
Marx|Okubo Scope
Interiors; Mechanical, Electrical, Plumbing, Fire Protection Systems; Building Equipment; Building, Fire, and Zoning Code Review; Accessibility Review; Baseline Sustainability Review $61,500
Tipping Scope
Structural Systems Assessment – Phase I
$30,500
SLR Consulting Scope
Environmental & Hazardous Material Assessment
$9,500
Sub Total $166,500
Estimated Reimbursable Expenses $3,000
Total Project Cost (rounded) $169,500
660
RDH BUILDING SCIENCE | 1 |
Schedule "A" –

PROJECT RATES AND REIMBURSABLE EXPENSES

PROJECT RATE ADJUSTMENT
RDH reviews its hourly Project Rates at the end of each calendar year. Based on RDH’s review, Project Rates shall be increased by five to ten percent (5% - 10%) at the beginning of the next calendar year, with the updated Project Rates applied in invoices for that calendar year. The rate increase shall apply regardless of when a contract for services is executed or RDH’s services commence, the duration of a project or of RDH services, and regardless of whether a project is suspended or otherwise delayed for any period.

REIMBURSABLE EXPENSES AND LITIGATION SUPPORT
The Client agrees to pay direct expenses, grossed up by 10% to cover overhead, reasonably incurred by RDH in the performance of the services.

Equipment will be provided by RDH as required to perform the services and will be charged at rates established periodically and provided to the Client upon request.

Attendance at, and preparation for, court, mediation, deposition, discoveries, or hearings are at the above rates plus 50%. A different rate schedule may apply for work undertaken in connection with an expert role.

PROJECT RATES
Title Project Rates
($/hr) Title Project Rates ($/hr)
Senior Specialist (2)
Senior Construction Specialist (2) 360 Construction Project Manager (1) Estimator (1)
Project Architect (1)
Project Consultant (1)
Project Designer (1)
Project Engineer (1)
Site Foreman (2)
205
Senior Specialist (1)
Senior Construction Specialist (1) 335
Construction Specialist (2)
Specialist (2)
Senior Superintendent (2)
310
Construction Specialist (1)
Specialist (1)
Senior Superintendent (1)
285 Architectural Designer (2)
Consultant (2)
Drafter (2)
Engineer (EIT) (2)
Intern Architect (2)
Senior Project Coordinator
Site Foreman (1)
Technologist (2)
185
Senior Construction Project Manager (2)
Senior Architect (2)
Senior Consultant (2)
Senior Designer (2)
Senior Engineer (2)
Superintendent (2)
265
Senior Construction Project Manager (1)
Senior Architect (1)
Senior Consultant (1)
Senior Designer (1)
Senior Engineer (1)
Superintendent (1)
245
Office Coordinator
Architectural Designer (1)
Consultant (1)
Drafter (1)
Engineer (EIT) (1)
Intern Architect (1)
Project Coordinator
Technologist (1)
165
Construction Project Manager (2)
Estimator (2)
Project Architect (2)
Project Consultant (2)
Project Designer (2)
Project Engineer (2)
Site Foreman (3)
225 Project Administrator
Project Assistant 140
661
2025 US Standard Rate Schedule
SLR Professional Services Hourly Rate
Senior Advisor $375
Senior Principal $325
Principal 2
Principal 1
$295
$275
Senior 2
Senior 1
$260
$240
Associate 2
Associate 1
$215
$205
Project 2
Project 1
$195
$175
Staff 2
Staff 1
$160
$150
Chief Inspector
Senior Inspector
Inspector
$215
$195
$170
Land Surveyor
Party Chief
Crew Member
$180
$155
$135
Senior Draftsperson/Technician
Draftsperson/Technician
$160
$145
Administrative $120
Note: Time will be billed to the nearest ¼ hour
1 662

REIMBURSABLE EXPENSES RATES
Bond Prints
Large Bond Prints
Fixed Line Mylars
Color Plots/Mylars
Large Color Plots/Mylars
Photocopies –8½ x 11
Photocopies – 11 x 17
Color Copies – 8½ x 11
Color Copies – 11 x 17
Binding 0-200 pages
201 or more pages
Board Mounting
Each FedEx – $0-$25
FedEx – Over $25
Mileage
$ 2.00
$ 3.00
$75.00
$30.00
$45.00
$ 0.12
$ 0.24
$ 1.25
$ 2.25
$ 6.00
$ 7.50
$25.00
$25.00
Cost
IRS Rate
Each
Each
Each
Each
Each
Per Copy
Per Copy
Per Copy
Per Copy
Per Bound Copy
Per Bound Copy
Each
Per FedEx
Per FedEx
Per Mile

OTHER DIRECT CHARGES
Subcontractors, vendors, and other expenses
Administrative charge
Expert witness testimony services (court and mediation) RATE
Actual cost +15%
3% of Labor Charges
50% Labor Surcharge
2 663
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

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

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

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

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

Lina Velasco Lina Velasco RDH Building Science
664
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Lina Velasco [email protected] RDH Building Science RDH Building Science 1901 Harrison St # 1210 Oakland, CA 94162 [email protected] Tammy Siliznoff | MS, P.E., LEED AP 665
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

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

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

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

RDH Building Science
667
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

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

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

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

10. CONFLICT OF INTEREST:

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

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

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

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for RDH Building Science
669
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

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

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

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

14. INSURANCE:

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

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

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

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

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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

EXHIBIT E

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

RDH Building Science
None.
675
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

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

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

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

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

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

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

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

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
RDH Building Science
677
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
678
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 679
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
680
Holder Identifier : 7777777707070700077763616065553330763607546205557707542136672407311072751467057220020726044553076550207162015772234552075262375724767300710423355603277607504433530272332077727252025773110777777707000707007 6666666606060600062606466204446200602200424226222006000226062262202062220040602600220620002404226002006222006062062000060002240602622220622020406224022006222024260002600066646062240664440666666606000606006 Certificate No : 570114201862

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
07/31/2025
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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

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

PRODUCER
Aon Risk Services Central, Inc.

Minneapolis MN Office
5600 West 83rd Street
8200 Tower, Suite 1100
Minneapolis MN 55437 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(949) 608-6300
INSURED INSURER A: Zurich American Ins Co 16535
INSURER B: American Guarantee & Liability Ins Co 26247
INSURER C: Liberty Mutual Fire Ins Co 23035
INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (949) 608-6459

CONTACT
NAME:

RDH Building Science Inc.
1901 Harrison Street, Suite 1210
Oakland CA 94612 USA
COVERAGES CERTIFICATE NUMBER: 570114201862 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR

ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$100,000
$5,000
$2,000,000
$2,000,000
$2,000,000
A GLO484589506 07/01/2025 07/01/2026
PROJECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
X X (Per accident)
BODILY INJURY (Per accident)
$1,000,000 A 07/01/2025 07/01/2026 COMBINED SINGLE LIMIT (Ea accident)
BAP 4845901 - 05

EXCESS LIAB

X OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED
$2,000,000
$2,000,000
07/01/2025
SIR applies per policy terms & conditions
UMBRELLA LIAB B AUC484589606 07/01/2026

X RETENTION
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X
OTHER
C 07/01/2025 07/01/2026 PER STATUTE
$1,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N / A

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
WC2B71170480045
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: RDH Project No. 31454.000 Port of Richmond Condition Assessment. The City of Richmond, its officers, officials, employees, agents and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of City of Richmond in accordance with the policy provisions of the General Liability and Workers' Compensation policy. Ongoing operations and completed operations included in General Liability policy.

CERTIFICATE HOLDER CANCELLATION
City of Richmond AUTHORIZED REPRESENTATIVE
Economic Development
1322 Canal Blvd.

Richmond CA 94804 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

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

RETENTION NIL
681

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

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

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. (Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSR

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT
AUTOS

AUTOS AUTOS

NON-OWNED HIRED AUTOS

ALL OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- TORY LIMITS WC STATU-
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

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

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
Aon Reed Stenhouse Inc.
401 West Georgia Street, Suite 1200
PO Box 3228 STN. TERMINAL
Vancouver BC V6B 3X8
RDH Building Science Inc.
1901 Harrison Street, Suite 1210
Oakland CA 94612 USA
Lloyd's Underwriters
D
Architects & Engineers Professional
Liability PSDEF2501194 07/01/2025 07/01/2026
$5,000,000 per claim
$5,000,000 aggregate
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of Insurance:

RDH Project No. 31454.000 Port of Richmond Condition Assessment.

MTL31LOMO5
City of Richmond
Economic Development
1322 Canal Blvd.

Richmond CA 94804 USA
682
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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:

RDH Building Science
683