Cities Index.
Agenda

Richmond City Council
October 20, 2026

Document
Agenda
Meeting
October 20, 2026
Body
Richmond City Council
Pages
15
Original file
46.7 MB
Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

October 20, 2026
Mayor's Office
DATE: October 20, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Reappointment of Michelle Hayes to the Commission on Aging
FINANCIAL IMPACT: There is no fiscal impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Michelle Hayes is reapplying to serve on the Commission on Aging.

RECOMMENDED ACTION: REAPPOINT Michelle Hayes to the Commission on Aging to a vacant seat with a new term ending May 19,
2030 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).

DISCUSSION:

Michelle Hayes has been greatly contributing and serving on the commission since February 2019 and was also appointed Chair. She would like to be reappointed to the Commission so she can continue her work to improve the lives of seniors in her community. She hopes to gather input from seniors to better understand their needs and continue addressing issues that are important to them.

DOCUMENTS ATTACHED:

Attachment 1 – Michelle Hayes’s redacted application
AGENDA
REPORT
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Page 1 of 1 ends

October 20, 2026
Mayor's Office
DATE: October 20, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Appointment of Crescent Diamond to the Community Police Review Commission
FINANCIAL IMPACT: There is no fiscal impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Crescent Diamond is applying to serve on the
Community Police Review Commission.

RECOMMENDED ACTION: APPOINT Crescent Diamond to the Community Police Review Commission to a vacant seat with a new term
ending November 1, 2029 – Mayor’s Office (Mayor
Eduardo Martinez 510-620-6503).

DISCUSSION:

Crescent Diamond is seeking appointment to the Community Police Review Commission. She wants to contribute to making Richmond a safer city and make a meaningful difference in the community she loves. With over 27 years of professional experience, she brings strong attention to detail, leadership, organizational skills, training in conflict resolution, and effective communication skills.

DOCUMENTS ATTACHED:

Attachment 1 – Crescent Diamond’s redacted application
AGENDA
REPORT
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October 20, 2026
Mayor's Office
DATE: October 20, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Reappointment of James Davis to the Historic
Preservation Commission
FINANCIAL IMPACT: There is no fiscal impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

James Davis is reapplying to serve on the Historic
Preservation Commission.

RECOMMENDED ACTION: REAPPOINT James Davis to the Historic Preservation Commission to a vacant seat with a new term ending July 31, 2030 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).

DISCUSSION:

James Davis has been serving the Historic Preservation Commission since October 2025 and currently serves on the boards of the Point Richmond History Association and the Richmond Museum of History and Culture. Having grown up in Richmond, he also has experience in construction and a strong connection to the city’s history and historic AGENDA
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October 20, 2026
buildings. Through his involvement with these organizations, he has published articles on Richmond’s history, including its historic architecture. He also leads the plaque project for the Point Richmond History Association, researching historic buildings and preparing narratives for bronze plaques installed on older buildings throughout the area.

Through these efforts, he has contributed to preserving and sharing Richmond’s history.

DOCUMENTS ATTACHED:

Attachment 1 – James Davis’s redacted application
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October 20, 2026
Mayor's Office
DATE: October 20, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Appointment of Aubrey Mcdonald-Tate as the Youth District 6 Representative to the Richmond Fund for
Children and Youth Oversight Board
FINANCIAL IMPACT: There is no fiscal impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Aubrey Mcdonald-Tate is is being considered for
appointment to the Richmond Fund for Children and
Youth Oversight Board as the youth representative for
Council District 6, upon the recommendation of
Councilmember Jimenez, who represents District 6. Each
Council district is represented on the Board by one youth member and one adult member
RECOMMENDED ACTION: APPOINT Aubrey Mcdonald-Tate to the Richmond Fund for Children and Youth Oversight Board as the youth
representative for Council District 6, upon the
recommendation of Councilmember Jimenez, for a term
ending December 2, 2027 - Mayor’s Office (Mayor
Eduardo Martinez 510-620-6503).

AGENDA
REPORT
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October 20, 2026
DISCUSSION:

As someone who grew up in Richmond and comes from a family of Richmond natives, Ms. Mcdonald-Tate has a deep personal connection to the community and a firsthand understanding of what it means to grow up as a young person in Richmond. Her experiences as a Richmond youth have shaped her desire to give back and contribute to creating meaningful opportunities for the next generation.

Ms. Mcdonald-Tate is interested in serving on the RFCY Oversight Board because she wants to make a difference in the lives of Richmond youth and believes that the Board’s work can have a meaningful impact on the community. Her vision for Richmond youth is to help create spaces where young people can be creative, innovative, and empowered to pursue their interests and achieve their goals. Her personal connection to Richmond, combined with her commitment to supporting young people, would allow her to bring a valuable community and youth-centered perspective to the Oversight Board.

DOCUMENTS ATTACHED:

Attachment 1 – Aubrey Mcdonald-Tate’s redacted application 261
262
Name (First M. Last)*
Aubrey Mcdonald-Tate
Date (MM/DD/YYYY):*
8/27/26
Parent/Guardian (if under 18):

Name (First M. Last):*
Vanessa Mcdonald
Date (MM/DD/YYYY):*
8/27/26
Personal Information
Name:*
Aubrey
263
I am:*
between the ages of 15 and 24 over the age of 24
Date of Birth (MM/DD/YYYY):*
Home Address (Street Address, City, Zip Code):*
E-mail Address:*
Phone:*
How long have you been a resident of the City of Richmond or North Richmond?**
16 years but my parent has been a resident for 26 years Are you a parent of Richmond youth?*
264
Yes No
What gender do you identify as?*
Female
What ethnic/racial identity do you identify as? (Include one or more if applicable)*
What is your primary language?*
English
What other languages do you speak?*
Learning French
List any organization, club, or association you currently participate in and/or are a member of. Please specify if you serve as a current Board member or hold a leadership position:* Year Book Club Architecture and Interior Design(President) Employment and Education
Note: Having work or educational experience is not required to join the Oversight Board.

Employer:*
N/A
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Occupation:*
N/A
Employer Address (Street Address, City, Zip Code):*
N/A
Please list current school and/or prior education:*
Questions
Note: Each of the following questions has a maximum amount of words that is allowed. Any words beyond the maximum amount allowed will not be taken into consideration. It is recommended to type your answers into a word processing program like Microsoft Word or Mac Pages, and then copy and paste your answers into the areas below.

1. Please state why are interested in serving as a member of the Oversight Board* I am interested in serving as a member of the Oversight Board because I want to make a difference for Richmond youth. I want to be apart of this because I believe it will make a greater impact for the city of Richmond youth.

2. Please state your vision for youth in Richmond*
My vision for Richmond your is setting them up for success by creating spaces for them to be creative, innovative, and focus on anything that they want to achieve.

3. According to Measure E, below are eligible uses for the Richmond Fund for Children and Youth.

If applicable, please mark one or more of the areas below that you have expertise or work/volunteer experience in:
266
Violence Prevention and Response
Education and Job Training
Parent/Guardian Support
Media, Arts, Culture and Technology
Youth and Family Leadership, Organizing and Civic Engagement Health and Well-Being
Environmental Health and Justice
Outdoor Education and Recreation
Deportation Support: Support for young people and families experiencing or being threatened with deportation

4. Based on or in addition to the areas marked above, please list or expand on applicable skills and/or experience that you can bring to the Oversight Board (e.g. experience with eligible uses as listed above, strategic planning, financial management, youth organizing, teamwork, working with underserved populations, etc.)
Teamwork Organizing Planning Art Media Technology Outdoor Recreation

5. Is there any additional information that you would like to share? If so, please list the information below
Not at the moment.
267
References (Optional)
List name, email, phone number and relationship (e.g. teacher, coach, employer, mentor, etc.):

Reference #1
Reference #2
Reference #3
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October 20, 2026
Mayor's Office
DATE: October 20, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Reappointment of Abigail Yarng to the Richmond Youth Council
FINANCIAL IMPACT: There is no fiscal impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Abigail Yarng is reapplying to serve on the Richmond
Youth Council.

RECOMMENDED ACTION: REAPPOINT Abigail Yarng to the Richmond Youth Council to a vacant seat with a new term ending October 1, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).

DISCUSSION:

Abigail Yarng has been serving and greatly contributing to the Youth Council since August 2025. She has interned for Contra Costa County Supervisor John Gioia, where she gained experience working in local government and serving her community. She also volunteers at her church as the media coordinator, managing social media and AGENDA
REPORT
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October 20, 2026
helping organize and run fundraisers. In addition, Abigail interned with the Youth Mental Health Academy, where she learned about child development and the importance of supporting children's mental health.

DOCUMENTS ATTACHED:

Attachment 1 – Abigail Yarng’s redacted application
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October 20, 2026
Mayor's Office
DATE: October 20, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Appointment of Matheus Lemes Da Costa to the
Richmond Youth Council
FINANCIAL IMPACT: There is no fiscal impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Matheus Lemes Da Costa is applying to serve on the
Richmond Youth Council.

RECOMMENDED ACTION: APPOINT Matheus Lemes Da Costa to the Richmond Youth Council to a vacant seat with a new term ending
October 1, 2027 – Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).

DISCUSSION:

Matheus Lemes Da Costa is seeking appointment with the Richmond Youth Council. He has leadership experience, commitment to community engagement, and interest in representing the voices of Richmond’s youth. As the Director of Student Ambassadors in his school, he leads students, coordinates volunteers, and supports school and AGENDA
REPORT
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October 20, 2026
community events. With over 80 hours of leadership and community engagement, he brings strong communication, teamwork, and organizational skills to the Youth Council.

Matheus is committed to representing the needs and interests of young people in Richmond and helping make a positive difference in his community.

DOCUMENTS ATTACHED:

Attachment 1 – Matheus Lemes Da Costa’s redacted application 273
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October 20, 2026
Department
DATE: October 20, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Darin Fitzpatrick, Assistant Deputy Director of Public
Works, Operations & Maintenance
Subject: Termination of PG&E Electric Vehicle Fleet Electrification Program Agreements for 3230 Macdonald Avenue and
2500 Barrett Avenue
FINANCIAL IMPACT: Termination of the two Pacific Gas and Electric Company EV Fleet Electrification Program projects is estimated to result in reimbursement to PG&E of approximately
$76,785.90 for project development, design, engineering, project management, and related costs already incurred.

These termination costs will be absorbed within the
existing Public Works General Fund budget (Account
String: 01231031-400293).

Preliminary staff estimates indicate that completing these remaining obligations could require several hundred
thousand dollars in additional City investment.

PREVIOUS COUNCIL
ACTION:

November 28, 2023

STATEMENT OF THE
ISSUE:

The City entered into two Pacific Gas and Electric
Company EV Fleet Electrification Program agreements
for sites at 3230 Macdonald Avenue and 2500 Barrett
Avenue. Subsequent review determined that completing
the City's required behind-the-meter infrastructure would require substantial additional investment for which
sufficient project funding has not been identified. Staff recommends terminating the two projects and
reimbursing PG&E for documented project costs incurred
to date.

AGENDA
REPORT
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October 20, 2026
RECOMMENDED ACTION: ADOPT a resolution terminating the City's participation in the Pacific Gas and Electric Company Electric Vehicle
Fleet Electrification Program for PG&E Project No.

FLEET005109591 at 3230 Macdonald Avenue and
PG&E Project No. FLEET005111982 at 2500 Barrett
Avenue; AUTHORIZE payment of PG&E's documented
project development and termination costs in an amount
not-to-exceed $80,000 from the existing Public Works
General Fund budget; and AUTHORIZE the City
Manager or designee to execute any termination,
closeout, or related documents necessary to discontinue and close out the two projects – Public Works
Department – (Daniel Chavarria 510-620-5478/Darin
Fitzpatrick 510-231-3044).

DISCUSSION:

Original Program and City Council Authorization
In Fall 2022, City Transportation staff applied to the California Hybrid and ZeroEmission Truck and Bus Voucher Incentive Project (HVIP) to reduce the cost of replacing two gasoline-powered R-Transit vans with wheelchair-accessible electric vans. The vehicle purchase included two Level II Electric Vehicle (EV) chargers that were anticipated for installation at the City Corporation Yard EV Charging Hub. Staff subsequently determined that the existing electrical service at the Corporation Yard was not configured to support the anticipated growth of the City's electric fleet and charging demand.

As a result of the City's participation in HVIP, PG&E contacted the City regarding participation in its EV Fleet Electrification Program Make-Ready Incentive Option. Under the program, PG&E would fund and perform upgrades to utility-side electrical infrastructure necessary to support EV charging installations.

Transportation staff initially submitted five City locations for consideration:

1. 32nd Street Recreation Complex;

2. City Corporation Yard;

3. Barrett Avenue Lot at 25th Street;

4. Richmond Auditorium lot adjacent to Nevin Avenue; and

5. Marina parking lot at Macdonald Avenue.

On August 30, 2023, PG&E's Engineering and Design team met with Transportation and Public Works staff and visited the five proposed locations to evaluate the feasibility and design of the utility upgrades. On September 27, 2023, Transportation staff received notification from PG&E that the Recreation Complex location had been approved, while the remaining locations continued to be evaluated. 276

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October 20, 2026
On November 28, 2023, the City Council authorized staff to execute letters of commitment and related contracts for individual sites approved for participation in PG&E's EV Fleet Electrification Program (Attachments 1 and 2). This broader authorization allowed staff to proceed as PG&E completed its evaluation and approval of each location without returning to the City Council separately for each site.

Program Responsibilities
The original City Council report described the program as a "To The Meter" utility upgrade. Under this structure, PG&E is responsible for designing, constructing, owning, and maintaining the electrical supply infrastructure from its transformer to the City's meter. The City, however, is responsible for designing, constructing, owning, operating, and maintaining the customer-owned electrical infrastructure from the meter to the EV chargers.

The original November 28, 2023, agenda report identified no direct cost associated with participation in the PG&E program itself. However, it also expressly identified the City's responsibility for the infrastructure downstream of the meter and stated that staff would return to City Council as the City transitioned its fleet and acquired supporting EV service equipment.

The program also contemplated a 10-year commitment to operate and maintain equipment and provide EV usage information, as well as the acquisition and deployment of qualifying electric fleet vehicles and charging equipment.

Executed Project Agreements
Following Council authorization, the City proceeded with two project agreements that remain relevant to this action.

For 3230 Macdonald Avenue, PG&E Project No. FLEET005109591, PG&E issued its program invitation dated September 27, 2023 (Attachment 3). The project contemplated five vehicles and five EV chargers. PG&E offered a customer-owned make-ready infrastructure incentive of up to $20,000 and a potential EV charger rebate of up to $75,000, subject to the program's eligibility requirements. The agreement was subsequently countersigned in December 2023.

For 2500 Barrett Avenue, PG&E Project No. FLEET005111982, PG&E issued its program invitation dated December 7, 2023 (Attachment 4). The project contemplated 20 vehicles and provided for a customer-owned make-ready infrastructure incentive of up to $80,000, subject to program requirements. The agreement was countersigned on December 13, 2023.

Both agreements state that once the agreements are executed, PG&E will begin incurring design and project development costs. Both also provide that if the City withdraws from the program before site activation, PG&E reserves the right to recover fees and costs incurred by PG&E and its subcontractors following execution, including design and site-walk costs.
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October 20, 2026
Current Project Review and Funding Considerations
Public Works recently reviewed the status of the two projects, the City's contractual responsibilities, available funding, and the remaining work necessary to complete the installations.

Under the executed agreements, PG&E is responsible for the utility-owned infrastructure extending to the City's meter. The City remains responsible for designing, constructing, owning, operating, and maintaining all customer-owned infrastructure behind the meter necessary to connect the new electrical service to the City's EV charging equipment.

Although the PG&E improvements would provide substantial utility infrastructure at the two locations, the City's remaining obligations would require significant additional investment that was not funded as part of the original program authorization.

Preliminary estimates indicate that required improvements may include switchgear costing approximately $80,000 to $350,000 or more; design and engineering costing approximately $25,000 to $75,000 or more; and additional costs for electrical and civil construction, trenching, conduit, charging equipment, permitting, commissioning, networking, software, and related improvements. In total, completing the two projects could require several hundred thousand dollars in additional City investment.

The original November 28, 2023, staff report identified no direct cost for participation in the PG&E program itself but acknowledged that the City would remain responsible for infrastructure downstream of the meter and anticipated that staff would return to the City Council as the City's fleet transitioned and additional EV service equipment was acquired. Funding sufficient to complete the City's remaining obligations has not subsequently been identified.

The agreements also provide that PG&E may recover costs incurred after execution if the City withdraws before site activation. PG&E has identified $31,855.32 in costs associated with the 3230 Macdonald Avenue project and $44,930.58 associated with the 2500 Barrett Avenue project, for a combined estimated termination cost of $76,785.90 (Attachment 5).

Accordingly, the City now faces a choice between terminating the projects and reimbursing PG&E for costs already incurred or continuing the projects and committing substantially greater City resources to complete the required behind-the-meter infrastructure. While termination will result in an expenditure without completed charging facilities, proceeding solely to avoid the termination costs would require substantially greater expenditures for projects for which adequate funding has not been identified.

On August 27, 2026, Public Works recommended terminating the projects and paying the applicable PG&E costs. The Public Works Director subsequently confirmed that recommendation, and Finance confirmed that an amount not to exceed $80,000 can be absorbed within the existing Public Works General Fund budget. 278

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October 20, 2026
Based on the current cost information, available funding, and remaining City obligations, staff recommends terminating the two PG&E EV Fleet Electrification Program projects, reimbursing PG&E for documented costs in an amount not to exceed $80,000, and closing out the City's obligations under the agreements.

Staff Recommendation
Based on information currently provided by PG&E, termination of the two projects would result in the following estimated costs:

Site Project Number Estimated Termination Cost
3230 Macdonald Avenue FLEET005109591 $31,855.32
2500 Barrett Avenue FLEET005111982 $44,930.58
Total $76,785.90
The approximately $76,786 represents costs already incurred by PG&E in reliance upon the City's executed project commitments. Terminating the projects does not avoid those incurred costs. Conversely, proceeding with the projects would avoid the immediate termination payment but would require the City to fund and complete its remaining behind-the-meter obligations.

City staff recognize that discontinuing the projects results in a financial loss to the City because the approximately $76,786 payment will not result in completed EV charging facilities. However, the relevant financial decision at this stage is whether to incur the termination costs now or commit substantially greater City resources to complete projects for which adequate funding has not been identified.

Based on the current project costs, available funding, and the City's remaining infrastructure obligations, City staff recommends that the City Council adopt a resolution terminating the City's participation in the two PG&E EV Fleet Electrification Program projects, authorize payment of PG&E's documented project development and termination costs in an amount not to exceed $80,000, and authorize the City Manager or designee to execute any documents necessary to discontinue and close out the projects (Attachment 6).

DOCUMENTS ATTACHED:

Attachment 1 – November 28, 2023 City Council Agenda Report – PG&E EV Fleet Electrification Program
Attachment 2 – November 28, 2023 Authorizing Resolution Attachment 3 – PG&E Project No. FLEET005109591 – 3230 Macdonald Avenue Agreement
Attachment 4 – PG&E Project No. FLEET005111982 – 2500 Barrett Avenue Agreement Attachment 5 – PG&E Project Cost/Termination Documentation Attachment 6 – Resolution
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Page
6 of 6
October 20, 2026
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November 28, 2023
Library and Community Services
DATE: November 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager – Community
Services
Denée Evans, Transportation Services Project Manager
Subject: Pacific Gas and Electric – Electric Vehicle Fleet Electrification Program
FINANCIAL IMPACT: There are no direct costs associated with participating in this program. The work proposed is in direct support of the City’s Climate Action Plan goals, State zero emission objectives, and aligning related implementation efforts with funding opportunities.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City of Richmond lacks the as-built infrastructure to readily install the required number of electrical vehicle charging stations deemed necessary to transition the City fleet to electric vehicles and to support the expansion of City-managed electric Micromobility services.

RECOMMENDED ACTION: ADOPT a resolution authorizing the City to execute a letter of commitment and other related contracts
necessary to participate in the Pacific Gas and Electric Company Electrical Fleet Program to upgrade electrical
utility infrastructure that will enable electric vehicle service equipment installations at various City facilities to support the City’s active transition to electric fleets – Community Services Department, Transportation Division
(LaShonda White 510-620-6828/Denée Evans 621-
1718).

AGENDA
REPORT
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November 28, 2023
BACKGROUND:

The City of Richmond lacks the as-built infrastructure to install the number of electrical vehicle charging stations that will be required for the City to successfully transition its fleet to electric vehicles and nor is it adequate to support the city-wide expansion of existing electric Micromobility services such as the Richmond Moves On-Demand Shuttle and Community Carshare.

In Fall 2022, Transportation staff applied for the California Hybrid and Zero – Emission Truck and Bus Voucher Incentive Project (HVIP) to reduce the cost to replace the twogas operated R-Transit vans with two new wheelchair accessible electric vans. The purchase of the R-Transit vans also includes two level II electric vehicles chargers. The chargers were scheduled for installation at the City Corporation Yard EV Charging Hub.

However, the existing service panel for the Corporation Yard EV Charging hub was not installed as separate service to support the number and level of energy output needed to support a growing electric City fleet as well as employee personal vehicle charging.

As a result of the acceptance into the HVIP, the Transportation division was contacted by Pacific Gas and Electric (PG&E) to participate in their Electric Vehicle Fleet Electrification Program Make – Ready Incentive Option to upgrade the City’s electrical utility infrastructure. If qualified, PG&E would pay the costs to upgrade the main utility transformer which would enable the City to install switchgear, an upgraded separate service panel that can support the installation of multiple electric vehicle charging stations at any City facility site(s) which are identified as potential charging hubs.

Specifically, Transportation staff submitted a letter of interest to receive utility upgrades at five sites: the 32nd Street Recreation Complex, the City Corporation Yard, the Barrett Avenue Lot at 25th Street, the Richmond Auditorium lot adjacent to Nevin Avenue, and the Marina Parking lot at Macdonald Avenue. The sites were identified as integral to sustaining support for the City’s EV fleet and Micromobility services (i.e., Richmond Moves and Community carshare).

On August 30, 2023, PG&E’s Engineering and Design team met with City staff from the Transportation and Public Works Departments to visit each of the five proposed City EV fleet facility sites to discuss the feasibility and design of the utility upgrade.

On September 27, 2023, Transportation staff received a letter from PG&E indicating approval of the Recreation Complex located on 32nd Street. Staff were also advised that the remaining sites were still under consideration but were also likely to receive approval. The City would receive notice as each facility location is approved which would require multiple requests to City Council for approval.

However, Transportation staff requests the adoption of a resolution by the City Council to allow City staff to avoid making several trips to City Council seeking approval as each site is approved. Instead, the resolution will allow City staff to continue participation in 282

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November 28, 2023
the PG&E EV Fleet TTM utility upgrade which is at no cost to the City. Per the terms of the program, City staff will return within the next five years to receive City Council’s approval as it continues to transition to electric fleet vehicles and to acquire the supporting electric vehicle service equipment.

PG&E EV Fleet Terms of Participation
To secure the City’s participation in the Program, PG&E has requested that the City provide the letter of commitment for the City to meet the minimal electric vehicle and charging equipment investment, as required and to allow PG&E to access the City sites to install and maintain the “To The Meter” (TTM) Infrastructure.

PG&E will, at no cost to the City, construct, own, and maintain all electrical infrastructure from the transformer to the customer’s meter. The City will be responsible for designing, building, owning, operating, and maintaining the electrical infrastructure from the meter to the EV charger.

To participate in the program, the City must comply with the following conditions:

1. Be a PG&E Customer: This includes Direct Access as well as customers receiving power from a Community Choice Aggregator.

2. Own or lease the property: An organization must have authority to install charging infrastructure at their site or can allow a property easement.

3. Acquire at least 2 Electric Vehicles: An organization must acquire and deploy a minimum of two medium-or heavy-duty electric fleet vehicles by 2024. The Richmond City Council met this requirement with the recently approved acquisition of two electric R-Transit buses.

4. Agree to all requirements: Participating organizations must make a 10-year commitment to operate and maintain equipment, provide EV usage data, and agree to the terms and conditions of the program.

5. Approved program applicants must meet the selection qualifications for selecting and installing electric vehicle service equipment (EVSE).

Selection of Electric Vehicle Service Equipment
Upon approval of the application by PG&E, the City shall select and procure an EVSE Package from the PG&E approved list of qualified vendors. PG&E will share the qualified vendor list with the City. Richmond shall install, operate, and maintain the number and type of the EVSE Package, associated equipment, and signage as selected by the City and approved by PG&E. If the EVSE Package is not on the approved list of qualified vendors, the EVSE Package must be compliant with minimum requirements. These minimum requirements are attached to the PG&E Contract, as applicable. The City must agree to provide all information requested by PG&E about non-approved EVSE Packages, including but not limited to technical and safety specifications. 283

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November 28, 2023
Participation in this program and the work involved to improve the utility infrastructure and to add electric vehicle service equipment to various City facilities is in direct support of the Climate Action Plan goals to reduce Greenhouse Gas (GHG) emissions, improving resilience to climate change, in addition to the corresponding metrics:
 Objective 1: Energy Efficient Buildings and Facilities  Objective 2: Increase Use and Generation of Renewable Energy  Objective 3: Sustainable Transportation and Land Use
 Objective 6: Green Infrastructure Urban Forestry and Agriculture In conclusion, City staff recommends that the Richmond City Council adopt a resolution that authorizes the City to execute the letter of commitment and related contracts necessary to participate in the Pacific Gas and Electric Company’s Electrical Fleet Program at public facility sites.

DOCUMENTS ATTACHED:

Attachment 1 – Invitation and Contract to join the PG&E EV Fleet Electrification Program
Attachment 2 – Authorizing Resolution
284
RESOLUTION No.__________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CA

AUTHORIZING THE EXECUTION OF LETTERS OF COMMITMENT AND

CONTRACTS TO PARTICIPATE IN THE PACIFIC GAS AND ELECTRIC COMPANY

ELECTRICAL VEHICLE FLEET PROGRAM
______________________________________________________________________ WHEREAS, the city of Richmond (“City”) owns certain real property located at various public city facilities which are more particularly described hereto and incorporated herein as Exhibit A to this Resolution (“Project Sites”), and depicted in Grantee’s Drawings as (“Site”); and
WHEREAS, the Pacific Gas and Electric Company (“PG&E”), a California Corporation selected the Site(s) to join PG&E’s Electric Vehicle Fleet Program (“Program”); and
WHEREAS, the purpose of the Program is to provide electrical vehicle charging infrastructure from PG&E’s transformer to the City’s meter; and WHEREAS, as part of the City’s participation in the Program, one switchgear and ten electric vehicle charging stations will be installed at the Site; and WHEREAS, as part of the City’s participation in the Program, PG&E will construct, own, and maintain all electrical infrastructure from the transformer to the City’s meter (“To The Meter [TTM] Infrastructure”), at no cost to the District; and WHEREAS, PG&E has requested that the City of Richmond sign a letter of commitment to PG&E to allow PG&E access to the Site(s) to install and maintain the TTM Infrastructure that PG&E is providing to the city as part of the City’s participation in the Program; and
WHEREAS, the access provided to PG&E is intended to allow PG&E to construct, reconstruct, replace, remove, maintain, inspect, and use facilities, to install and maintain the TTM Infrastructure and all equipment necessary for the distribution of electric energy and communication purposes, as described in the Project description of each city owned project site hereto as Exhibits, together with access therefor, on, over, and under that certain land described and depicted and attached hereto as Exhibit A; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby finds, determines, declares, orders, and resolves that the City shall be authorized to execute a letter of commitment and any related agreements necessary to participate in the PG&E EV Fleet Program, and comply with the program requirements.
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* * * * * * * * * * * * * * * * * * * *
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on November 28, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
_________________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
APPROVED:
_______________________
Mayor
Approved as to form:
__________________________
City Attorney
State of California }
County of Contra Costa : SS.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _______, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on November 28, 2023.
________________________________________
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Pamela Christian, Clerk of the City of Richmond
287
DocuSign Envelope ID: DC51BF35-FDA9-4471-8247-7375F6925BD0 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Cover Letter (02.2023 Version) Page 1 of 4
Internal
September 27, 2023
City of Richmond
3230 MacDonald Avenue
Richmond, CA 94804
RE: FLEET005109591
Dear Denee Evans,
Congratulations! We are pleased to extend City of Richmond an invitation to join PG&E’s EV Fleet Electrification program. Upon your completion of the action items below, we will move your project into the design phase and begin the engineering, design and construction plans for 3230 MacDonald Avenue, Richmond, CA 94804. Please note, future changes to the project scope may change your eligibility for the program.

Included in this contract are the following items:
 Cover Letter
o Offer Description
o EV Charger Rebate
o Preliminary Design (also attached as PDF)
 Letter of Commitment
o EV Deployment Commitment
 EV Fleet Program Terms and Conditions (“Contract”)
 Exhibit A: Project Scope
 Appendices
o Appendix A: PG&E EV Fleet Program Participant Data Reporting Requirements o Appendix B: CPUC’s Safety Requirements Checklist for CPUC-Approved Transportation Electrification Programs
Immediate Action Items:
 Review the entire document
 Sign and return the Letter of Commitment and Contract  Provide proof of commitment (as defined below) for appropriate vehicles By signing the Letter of Commitment and the Contract, I hereby confirm my participation in PG&E’s Fleet Electrification program and acknowledge that:
 I agree to install at a minimum the number of EV Supply Equipment (EVSE or “EV charger”) specified in Exhibit A of the Contract;
 Upon execution of the Contract, PG&E will begin incurring design fees and costs as my project moves forward;
 If I withdraw from the program prior to the site being activated, then PG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of the Contract, including but not limited to, design cost, site walk costs, etc.;
 PG&E may need to conduct a comprehensive design site walk;  If the existing infrastructure or physical site or equipment is substantially different than anticipated or described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both parties, but reserves the right to cancel my participation in the program; 288
DocuSign Envelope ID: DC51BF35-FDA9-4471-8247-7375F6925BD0 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Cover Letter (02.2023 Version) Page 2 of 4
Internal
 If I do not submit required documentation (e.g., signed easement) in a timely manner, then PG&E reserves the right to cancel my participation in the program and recover all costs incurred; and  My EV chargers meet the Safety Checklist requirements and has networking protocols (as described in Appendix A and Appendix B). I agree to ensure that EVSE network connectivity is in good condition for least five years from the date of activation.

Offer Description
After careful consideration of the project costs and scope of work, PG&E has determined you are eligible for the Make-Ready Incentive Option. PG&E will design, construct, own, and maintain the EV supply infrastructure to the meter only. City of Richmond will design, build, own, operate, and maintain the EV supply infrastructure behind the meter, hereafter referred to as customer-owned make-ready infrastructure. PG&E provides an incentive that is equal to the lesser amount of either: (i) 80% of the customer-owned make-ready infrastructure costs or (ii) the incentive cap of $20,000.00 as described in the table below.

EV Supply Infrastructure Incentive
Applies to Site Hosts who pay for, own, and maintain EV Supply Infrastructure Vehicle Type Per Vehicle Incentive # of Vehicles
School Buses, Local Delivery
Trucks, or Other Vehicles
$4,000.00 per Vehicle 5
Vehicle Type (Total) Incentive (Total) Incentive Total
Total # of Vehicles
5 Lesser amount of either 80% of the customer-owned
make-ready infrastructure costs or the incentive cap,
as described above, on a per vehicle basis
Maximum of $20,000.00
EV Charger Rebate
You may also qualify for a rebate of up to $75,000.00, capped at 50% of the purchase cost, for qualified EV chargers for your fleet. EV chargers are only eligible for rebates if they are listed on PG&E’s approved EVSE vendor list at the time of installation. Any EV chargers acquired after the EV Fleet Program implementation window (currently 2024) will not be eligible for rebate.

EV Charger Rebate
Applies to Site Hosts that are transit agencies, schools, or located in disadvantaged communities.

Power output Rebate # of Chargers

20.8 kW 50% of the cost of the charger, up to $15,000.00 per EVSE
5 Total 104 kW Total Capped Rebate Amount of up to $75,000.00 5 As a reminder, to participate in the EV Fleet program, your EV chargers, also known as EV supply equipment, at a minimum must meet the Safety Checklist requirements (see Appendix B). In addition, the EV chargers must at least meet the following network communications requirements:
 Electric Vehicle Supply Equipment (EVSE) SHALL have metering capability through an internal device and SHALL be able to measure power and usage parameters to enable reporting of the metrics in the Contractor Requirement section.
 After loss of power, provided the EVSE connector to vehicle has not been removed, the EVSE SHALL return to its post-configuration state (i.e., SHALL persist communication and registration configurations. This does not include continuing user sessions when authorization is required to start a session).
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DocuSign Envelope ID: DC51BF35-FDA9-4471-8247-7375F6925BD0 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Cover Letter (02.2023 Version) Page 3 of 4
Internal
 EVSE SHALL provide a reset option, which returns the device to its pre-charge state (e.g., card or message- not user accessible).

Preliminary Design
Please note the meter location on the Preliminary Design. Any requests to change the location of the meter may impact site eligibility and could result in cancellation of this contract.

PG&E may opt to utilize existing infrastructure, including existing conduit, in order to minimize project costs as indicated by the word “existing” on any components on the Preliminary Design. 290
DocuSign Envelope ID: DC51BF35-FDA9-4471-8247-7375F6925BD0 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Cover Letter (02.2023 Version) Page 4 of 4
Internal
Next Steps:

We respectfully request that you return your signed contract as soon as possible. After we receive your signed contract, I will introduce you to your Project Manager, who will lead you through the design and construction process for your site.

Please note that you will need to provide a proof of commitment for a minimum of 2 vehicles for the Contract to complete the next phase of project management. A proof of commitment is any documentation of clear intent to procure and deploy vehicles, e.g., budget approval, grant agreement, request for proposal results, governancebody mandated procurement and deployment etc., in lieu of an actual purchase order provided by a seller.

Thank you for your participation in this exciting program! You are taking an important step to support California’s ambitious climate and air quality goals, and we appreciate that you have elected to work with PG&E to electrify your fleet.

Please contact me if you have any questions.

Thanks,
Tim
Tim O'Neill
(209) 401-8189
[email protected]
Electric Vehicle Customer Onboarding Specialist
Pacific Gas and Electric Company
291
DocuSign Envelope ID: DC51BF35-FDA9-4471-8247-7375F6925BD0 EV Fleet Letter of Commitment (02.2023 Version) Page 1 of 1 EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Internal September 27, 2023
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Re: Electric Vehicle Deployment Commitment for City of Richmond (FLEET005109591) Dear Pacific Gas and Electric Company,
City of Richmond and PG&E have worked together and agreed on a contract under which City of Richmond purchases electric fleet vehicles and PG&E performs make-ready infrastructure work and, if qualified, provides EV charger rebates and infrastructure incentives.

City of Richmond has received approval from our internal decision makers and commits to purchase 5 electric vehicles by December 31, 2027. We plan to purchase and deploy the vehicles during the following timeline:

Electric Vehicle Deployment Schedule
Description 2023 2024 2025 2026 2027 Total
Medium Duty Vehicle 1 2 2 0 0 5
By signing the Letter of Commitment and the Contract, City of Richmond understands that, in accordance with the section titled ‘Vehicle Purchase Plans’, City of Richmond is responsible for realizing the number and type of EV Fleet vehicles that have been indicated in Exhibit A of the aforementioned Contract regardless of the decision of granting agencies.

If City of Richmond does not purchase the number of vehicles stated in the section above, PG&E in its sole discretion may require City of Richmond to reimburse PG&E for costs incurred by PG&E associated with PG&E’s reliance on my commitment to install infrastructure, such as costs of equipment, site design, and installation.

Sincerely,
Signature
City of Richmond
Company Name
Eduardo Martinez 11/30/2023
Print Date
Mayor
Title
292
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EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Internal
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
EV Fleet Program Terms and Conditions (“Contract”)
Definitions
As used in this Contract, the following terms have the following meanings:

Disadvantaged Community: Census tracts in PG&E’s service territory with a top quartile score according to California Environmental Protection Agency’s CalEnviroScreen 3.0, or current version.

EV Service Connection: Traditional utility infrastructure from the utility distribution system to the meter, which may include but is not limited to cable, conductors, conduit, transformers, and associated substructures from the utility distribution system.

Also referred to as “To the Meter” (TTM) infrastructure.

EV Supply Infrastructure: Infrastructure from the meter (“but not including the meter”) to the parking space, which may include an electrical panel, cable, and conduit necessary to deliver power to the parking space. Also referred to as “Behind the Meter” (BTM) infrastructure.

Electric Vehicle Supply Equipment (EVSE): Equipment used for charging EVs. The conductors, including the ungrounded, grounded, and equipment grounding conductors, the electric vehicle chargers, connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the Premises wiring to the electric vehicle.

EVSE Package: EVSE hardware, software, and network services.

EV Service Provider (EVSP): A company that provides EV charging solutions to Customer, including but not limited to network services, billing, and customer support.

Operation and Maintenance (O&M): O&M includes, but is not limited to, network fees, resetting of breakers, replacement of parts, and associated services necessary to keep the EVSE and/or EV Supply Infrastructure operational.

Premises: Premises includes all of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or quasi-public institutions, by a dedicated street, highway or public thoroughfare or railway. Automobile parking lots constituting a part of or adjacent to a single enterprise may be separated by an alley from the remainder of the Premises served. All Premises must be reviewed by PG&E to determine where service could be provided and at what cost. PG&E may agree to include some or all of the Premises in the EV Fleet Program. Multiple Premises may be listed in Exhibit A.

Rate Plan: The PG&E electric rate that Customer pays for using EVSE. Detail on PG&E rates and eligibility criteria can be found at www.pge.com/tariffs.

Customer: The entity participating in the EV Fleet Program that owns, leases, or manages the Premises where the EVSE Packages are installed. Customer will receive the bill for the energy delivered to the EVSE Package.

Specific Terms
Acknowledgement and Term: All parties agree to abide by the terms and conditions of this Contract for participation in the EV Fleet Program (part of California Public Utilities Commission, or “CPUC”, Decision Number 18-05-040 issued May 31, 2018), including all requirements included by reference. The duration of this Contract (the “Term”) will commence on the date Customer’s EVSE Package becomes operational and will continue in effect for ten (10) years thereafter (unless otherwise earlier terminated pursuant to the terms herein). PG&E will inform Customer in writing when the EVSE Package becomes operational.

Ownership: Customer has two options for ownership of EV Supply Infrastructure. Ownership of other components is listed below for reference. Sections in this Contract labeled “Customer Owned EV Supply Infrastructure” or “PG&E Owned EV Supply Infrastructure” will apply depending on the ownership option a Customer selects. Customer should indicate their ownership option in the Cover Letter provided to the customer. All other terms are common to both ownership options. 293
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EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Internal
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
EV Service Connection: PG&E always constructs, owns, operates, and maintains the EV Service Connection. PG&E may opt to utilize existing infrastructure, including customer-owned conduits, in order to minimize project costs. This will be indicated in the accompanying Preliminary Design.

EV Supply Infrastructure: Customer has two options for EV Supply Infrastructure ownership:

1. PG&E Owned: PG&E constructs, owns, and maintains the EV Supply Infrastructure. PG&E covers costs in accordance with CPUC requirements.

2. Customer Owned: Customer is responsible for construction and maintenance of EV Supply Infrastructure and receives an incentive in accordance with CPUC requirements.

EV Supply Equipment (EVSE): Customer always installs, owns, operates, and maintains the EVSE.

Selection of EVSE Package: Upon approval of application by PG&E, Customer shall select and procure an EVSE Package from the PG&E approved list of qualified vendors. PG&E will share qualified vendor list with Customer. Customer shall install, operate, and maintain the number and type of the EVSE Package, associated equipment, and signage as selected by Customer and approved by PG&E. Customer acknowledges that PG&E makes no representations regarding manufacturers, dealers, contractors, materials, or workmanship of the EVSE Package. Customer agrees that PG&E has no liability whatsoever concerning the quality and safety of such EVSE Package. At PG&E sole discretion, Customer may use an EVSE Package that is not on the approved list of qualified vendors. If EVSE Package is not on the approved list of qualified vendors, EVSE Package must be compliant with minimum requirements. These minimum requirements are attached to this Contract, as applicable. Customer agrees to provide all information requested by PG&E about non-approved EVSE Packages, including but not limited to technical and safety specifications.

EVSE Rebate: Customer may qualify for a rebate of EVSE, in accordance with the CPUC requirements. Rebate amounts will vary in accordance with the CPUC requirements. Rebates will be paid after (1) Customer provides proof of purchase of EVSE Package, (2) at PG&E discretion PG&E inspects the installation of the EVSE and the physical location, and (3) the EVSE is operational. Any EVSE acquired after the EV Fleet Program implementation window (currently 2024) will not be eligible for rebate.

Additional Services from EVSP: Separate and apart from the application and PG&E’s obligations under the EV Fleet Program, the EVSP selected by Customer may offer and contract directly with the Customer to provide any additional or complementary services, as long as these services do not interfere with the objectives of the EV Fleet Program as fully described in the CPUC decision. The costs of additional EVSP services, and any cost related to O&M of any additional EVSP services, will not be borne by PG&E, unless they are complementary services necessary to support the EV Fleet Program objectives and are approved by PG&E in writing.

EV Drivers’ Right to Access: Customer shall not restrict access to or use of the EVSE for reasons including, but not limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited by applicable law. However, Customer may decide to make the EVSE available only to its employees, tenants, or lessors; under the terms of the EV Fleet Program, Customer decides whether to make the EVSE available to other 3rd parties. 294
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EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Internal
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Accessibility Requirements: The installation of the EVSE and EV Service Connection is required to comply with the Americans with Disabilities Act (ADA) and California Building Standards. Customer understands and accepts that such standards may impact parking layouts and reduce the number of non-accessible parking spaces available. Customer understands and accepts that changes to initial design representations may occur during the design, construction, and operational phases of the EVSE as may be dictated by design constraints, by law or regulation, or by local jurisdictional authorities.

Easement Requirement: An easement may be required to maintain PG&E owned facilities. PG&E will use existing easements when possible to minimize encumbrances on Customer property. If a new easement is required, access rights will follow standard utility requirements for providing electrical service. PG&E will determine if a new easement is required when Customer application is evaluated and will communicate that to Customer. If Customer does not wish to grant an easement for one or more Premises, PG&E may remove those Premises from the EV Fleet program. If Customer accepts easement requirements, Customer agrees to grant PG&E an easement for the installation of EV Service Connection and EV Supply Infrastructure. If the EV Service Connection must cross property owned by a third party to serve Customer, PG&E may, at its option, install such EV Service Connection after appropriate rights of way or easements, satisfactory to PG&E, are obtained without cost to PG&E. Customer agrees to sign and return easement to PG&E within 30 days of receipt. If the Customer does not respond within 30 days, PG&E reserves the right to rescind Customer’s participation in the EV Fleet Program. Upon termination of the Contract, PG&E shall upon written demand therefor execute and deliver to Customer a good and sufficient quitclaim of said easement and right of way or such portion thereof conveyed in this document, at Customer expense.

EVSE O&M: The Customer is required to maintain the EVSE for the Term. Customer will pay all O&M costs associated with the EVSE. Customer shall maintain a consistent uptime at the direction of PG&E for EVSE installed. Customer shall maintain the common area improvements immediately surrounding the EVSE in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EVSE. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance on PG&E owned infrastructure. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises. Customer will immediately shut down chargers if there is a safety issue.

Billing: Customer will be the PG&E Customer and will be served according to the applicable Rate Plan. As the Customer, Customer will be responsible for paying the PG&E bill.

Compensation: Under no conditions shall Customer or EV Drivers receive compensation of any kind (including but not limited to: cash, in-kind services, or otherwise) for any duties or requirements provided for in this Contract or for participation in any way as part of the EV Fleet Program, including but not limited to: easements, use of data for lawful purposes, loss of business activity during construction or maintenance activities, or any other inconvenience or loss, without limitation, related to participation.

Changing Rate Plan: Customer may change Rate Plan during the Term but must remain on a retail PG&E rate for the duration of the Term. If Customer switches to a non-retail PG&E rate during the Term, Customer shall bear the full cost and sole expense, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-rated costs of equipment, site design, and installation.

Reliability: PG&E does not guarantee uninterrupted service. Customer may pursue options to ensure that any impact to Customer operations from potential loss of power is sufficiently mitigated. Customer is responsible for the cost of any supplemental solutions to improve reliability.

Expansion of EVSE Installation: Customer may add more charging ports to their installation in the future, in accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Customer must coordinate with PG&E prior to any approved installation extension. Any installations or related work performed outside of EV Fleet program will be at Customer’s expense and its liability.

EVSE Replacement: Customer may replace their EVSE during the Term. Customer must notify PG&E ahead of replacement to ensure infrastructure can accommodate the additional load and new EVSE complies with necessary CPUC requirements for the program. If adequate infrastructure does not exist, Customer must request increased capacity in accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Any replacements will be at Customer’s expense and its liability.

Vehicle Purchase Plans: PG&E will work with Customer to understand its fleet electrification plans and may install 295
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EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Internal
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
infrastructure to support future vehicle purchases. In Exhibit A, Customer will provide the number, type, and charging levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. At PG&E discretion, during the Term PG&E may request evidence that Customer is operating these vehicles and associated charging in accordance with its electrification plan. If Customer is not operating vehicles consistent with its electrification plans, at PG&E discretion, Customer may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site design and installation. Customer may, at any time within the Term request from PG&E projected and final costs associated with this. If Customer wishes to change its plan, Customer must provide a modified plan to PG&E. This modified plan must be mutually agreed upon by PG&E and Customer. Customer may opt to replace these vehicles with similar equipment but must operate the number and type of vehicles outlined in the electrification plan. Vehicles that are leased must be replaced with similar equipment upon termination of the lease duration.

If Customer is not the party responsible for purchasing or leasing the vehicles indicated in Exhibit A, they will acquire and provide such proof from the responsible party including the number, type, and charging levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. Customer is responsible to provide evidence of vehicle operation and associated charging during this term in accordance with the indicated electrification plans. If vehicles are not operating consistent with the indicated electrification plans, at PG&E discretion, Customer may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site design, and installation.

Project Scope: Customer acknowledges that:
 Customer agrees to the high-level project scope listed in Exhibit A;  Upon execution of this Contract, PG&E will begin incurring design fees and costs as Customer project moves forward;
 If Customer withdraws from the program, then PG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of this Contract including, but not limited to, design cost, site walk costs, etc.;
 PG&E will conduct a site walk;
 If the existing infrastructure or physical site or equipment is substantially different than anticipated or described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both parties, but reserves the right to cancel Customer participation in the program; and  If Customer does not submit required documentation (e.g., signed easement if needed) in a timely manner, then PG&E may grant extensions by request but reserves the right to waitlist Customer application and/or cancel participation in the program.

External Funding Sources: Customer understands that the total infrastructure and EVSE rebate and incentive amounts the Customer receives from all sources, which may include but is not limited to, utilities, state programs, manufacturer, retailer, or otherwise, cannot exceed Customer’s total cost of purchasing the EVSE, installing the EVSE, and constructing the EV Supply Infrastructure.

Customer agrees to keep records of all infrastructure and EVSE incentives and rebates received for Customer’s EV Fleet project. Customer understands that PG&E may request and review said records up to one year after project completion date.

If rebates and incentives received exceed incurred project cost, PG&E may inform all other funding sources, which may include but is not limited to, utilities, state programs, manufacturer, retailer, or other, of the violation, including the name of the Customer, a description of the project, and details regarding the excessive rebates and incentives.

Customer Owned EV Supply Infrastructure Section
EV Supply Infrastructure Incentive: Customer qualifies for an incentive towards the cost of EV Supply Infrastructure if they choose to own and maintain the EV Supply Infrastructure. Incentive amounts will vary in accordance with the CPUC requirements. Incentive will be paid after (1) Customer provides proof of actual EV Supply Infrastructure construction cost, (2) EV Supply Infrastructure construction is complete, (3) the EVSE is operational.

Installation of EV Service Connection: PG&E and/or its contractors shall design and construct the EV Service Connection in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements. Customer is responsible for providing all disclosures, including but not limited to hazardous materials located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of proposed facilities to 296
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EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Internal
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Customer prior to preparation of easement for Customer review and approval; such approval will not unreasonably be withheld.

The easement will be executed and recorded in favor of PG&E so that PG&E may access the EV Service Connection as needed. It will be the Customer’s responsibility to provide a preliminary design of the EV Supply Infrastructure and associated electrical loads so that PG&E can provide the associated EV Service Connection design. PG&E and Customer will approve final design prior to construction beginning. Once design is approved, no material changes will be made without approval from PG&E and Customer. After the EVSE is operational, Customer may request a copy of “as built” designs, which will be provided by PG&E.

Installation of EV Supply Infrastructure: The Customer and/or its contractors shall construct the EV Supply Infrastructure and install the EVSE in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements, including PG&E requirements found at www.pge.com/greenbook. The Customer is responsible for (i) the costs to construct the EV Supply Infrastructure, (ii) the purchase of the EVSE Package, and (iii) installation of the EVSE.

After the EVSE is operational, Customer receives incentive for EV Supply Infrastructure in accordance with terms of this Contract.

EV Supply Infrastructure O&M: If Customer owns the EV Supply Infrastructure, Customer is responsible for O&M of the EV Supply Infrastructure for the Term. Customer will pay all O&M costs associated with the EV Supply Infrastructure. Customer shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EV Supply Infrastructure. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises.

Access to Customers Premises: PG&E shall at all times have the right to enter and leave the Customer’s Premises for any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Customer does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted. PG&E will work closely with Customer to ensure this access does not unreasonably interfere with Customer’s property or operations.

End of Term: At the end of the Term, the Customer will have the following options:

1. Continue operating EVSE and EV Supply Infrastructure o Customer has continued responsibility for O&M of EVSE and EV Supply Infrastructure. o If an easement was required for installation, easement remains in place. o PG&E continues to own EV Service Connection and will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16.

2. Stop operating EVSE and EV Supply Infrastructure
o Remove the EVSE and/or EV Supply Infrastructure at Customer’s cost and expense. o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection serves other load or assets, for example building load or solar, PG&E continues to own EV Service Connection and will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service Connection serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and abandon facilities in place.

PG&E Owned EV Supply Infrastructure Section
Installation of Equipment: PG&E and/or its contractors shall design and construct the EV Service Connection and EV Supply Infrastructure in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements. Customer is responsible for providing all disclosures, including but not limited to hazardous materials located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of proposed facilities to Customer prior to preparation of easement for Customer review and approval; such approval will not unreasonably be withheld.

The easement will be executed and recorded in favor of PG&E so that PG&E may access the EV Service Connection and EV Supply Infrastructure as needed. After Customer approval of the preliminary design, PG&E will coordinate with the Customer if there are any proposed material changes. A final design with no material changes from the agreed upon design will be 297
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EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Internal
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
provided by PG&E prior to any installation activities. PG&E and Customer will approve final design prior to construction beginning. Once design is approved, no material changes will be made without approval from PG&E and Customer. An estimated installation schedule shall be provided by PG&E after execution of required easement and timely selection of EVSE Package. Should the installation schedule require modification, PG&E shall notify Customer within a reasonable amount of time of such changes. PG&E is responsible for the costs to construct the EV Supply Infrastructure. The Customer is responsible for (i) the purchase of the EVSE Package and (ii) installation of the EVSE. Upon completion of installation of the EVSE, the Customer understands and acknowledges that it will be responsible for the O&M of the EVSE installed through the EV Fleet Program. After the EVSE is operational, Customer may request a copy of “as built” designs, which will be provided by PG&E.

EV Supply Infrastructure O&M: If PG&E owns the EV Supply Infrastructure, PG&E is responsible for O&M of the EV Supply Infrastructure for the Term. PG&E will pay all O&M costs associated with the EV Supply Infrastructure. Customer shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EV Supply Infrastructure.

Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises.

Access to Customers Premises: PG&E shall at all times have the right to enter and leave the Customer’s Premises for any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Customer does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted. PG&E will work closely with Customer to ensure this access does not unreasonably interfere with Customer’s property or operations.

End of Term: At the end of the Term, the Customer will have the following options:

1. Continue operating EVSE
o Customer has continued responsibility for O&M of EVSE. o If an easement was required for installation, easement remains in place. o PG&E continues to own EV Service Connection and EV Supply Infrastructure and will treat these under the standard provisions of CPUC filed tariffs such as Electric Rule 16.

2. Stop operating EVSE
o Remove the EVSE at Customer’s cost and expense.
o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection and/or EV Supply Infrastructure serves other load or assets, for example solar, PG&E continues to own EV Service Connection and/or EV Supply Infrastructure and will treat these under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service Connection and/or EV Supply Infrastructure serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and EV Supply Infrastructure and abandon facilities in place.

General Terms
Permission to Use Data: Customer agrees to allow PG&E and its agents and representatives to use data gathered as part of the EV Fleet Program (including usage data from the EVSE and EVSE performance data supplied directly to PG&E from the EVSP) (“Usage Data”) for use in regulatory reporting, ordinary business use, industry forums, case studies, or other similar activities, in accordance with applicable laws and regulations. Usage Data furnished to PG&E by the EVSP will not include any personal information as defined for the purposes of California privacy laws (including the California Privacy Rights Act, as amended(“CPRA”)). Any such personal data will be deidentified (as defined by CPRA) before it is provided to PG&E.

Notwithstanding the foregoing, Customer acknowledges that PG&E is required to disclose location data at census tract or 5- digit zip code level as part of its regulatory obligations to report aggregate data. Although such locations will not be identified as Customer locations in the aggregated and anonymous data disclosed by PG&E, a third party could potentially associate Customer with disclosed locations by reference to other facts and data sources. 298
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EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Internal
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Representations: Customer understands that its participation in EV Fleet Program shall not be construed as creating any agency, partnership, or other form of joint enterprise between the Customer, PG&E, or their affiliates, contractors, vendors, representatives, or designees, nor create any obligations or responsibilities on their behalf except as may be expressly granted in writing, nor make any representations of any kind to this effect. Customer represents and warrants that it is either (i) the fee title owner and has the ability to grant an easement (if required), or (ii) it is the authorized manager of the proposed EV Fleet Program site working with the fee title owner, it has the power, authority, and capacity to bind itself to undertake the EV Fleet Program terms and conditions and to perform each and every obligation required of Customer, and such fee title owner has the ability to grant an easement (if needed).

Changes: PG&E may initiate changes to the EV Fleet Program as necessary to comply with CPUC directives. PG&E shall endeavor to provide Customer with advance notice of any such changes. Customer has the option to opt out of the Program subject to section “Customer Removal or Termination” below.

Compliance with Laws: All parties shall comply with all applicable federal, state, and local statutes, rules, regulations, laws, orders, and decisions that relate to or govern its participation in the EV Fleet Program and/or Customer’s interactions with customers in connection with the EV Fleet Program.

Failure to Comply with Terms and Conditions: Without limitation, and to the greatest extent allowed by law, PG&E and Customer reserve the right to seek damages and recovery for losses incurred due to any breach of this Contract on the part of Customer or PG&E, whether intentional or unintentional.

Relocations: Should Customer request relocation of EVSE or parts thereof, such relocation shall be per mutually agreeable terms and shall be at sole expense of Customer and in accordance with any EV Fleet Program requirements, laws, regulations, or other applicable jurisdictional requirements. Additionally, if applicable and requested by PG&E, Customer shall either amend the easement to include the legal description of the new location or enter into a new easement with PG&E.

PG&E Termination or Suspension: PG&E may terminate, or for any duration suspend, Customer’s participation in the EV Fleet Program, with or without cause, at any time, and for any reason, with reasonable advance notice. Such reasons may include but are not limited to failure to provide or maintain terms of easement, failure to abide by EV Fleet Program terms and conditions, permitting issues, exceptional installation costs, environmental concerns, or any other reason(s) not in the best interests of the EV Fleet Program or PG&E’s ratepayers.

Customer Removal or Termination: Should Customer request removal or termination of EVSE or parts thereof prior to expiration of the Term, then Customer shall bear the full cost and sole expense of such removal as well as all fees and costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-rated costs of equipment, site design, and installation. Customer may, at any time within the Term, request from PG&E projected and final costs associated with such a removal request. Such costs will include all amounts paid by PG&E, divided equally over a ten-year period (e.g., if amounts total $100k and Customer leaves after 1 year it is responsible for $90k). If the Customer wishes to assign its rights and obligations of this Contract to a new Customer prior to the expiration of the Term, the new Customer may assume all rights and obligations for the remaining Term with PG&E consent. Such consent not to be unreasonably withheld.

Indemnification: Customer shall indemnify, hold harmless, and defend PG&E, its affiliates, subsidiaries, parent company, officers, managers, directors, agents, and employees, from and against all claims, demands, losses, damages, costs, expenses, and liability (legal, contractual, or otherwise), which arise from or are in any way connected with any: (i) injury to or death of persons, including but not limited to employees of PG&E or Customer; (ii) injury to property or other interests of PG&E, Customer, or any third party; (iii) violation of a local, state, or federal common law, statute, or regulation, including but not limited to environmental laws or regulations; or (iv) strict liability imposed by any law or regulation; so long as such injury, violation, or strict liability (as set forth in (i) - (iv) above) arises from or is in any way connected with Customer’s performance of, or failure to perform, this Contract. This indemnification obligation shall not apply to the extent that such injury, loss, or damage is caused by the negligence or willful misconduct of PG&E, its officers, managers, or employees.

Customer shall, on PG&E's request, defend any action, claim, or suit asserting a claim which might be covered by this indemnity, using counsel acceptable to PG&E. Customer shall pay all costs and expenses that may be incurred by PG&E in enforcing this indemnity, including reasonable attorney's fees. To the extent necessary, each Party was represented by counsel in the negotiation and execution of this Contract. PG&E represents and warrants that it has indemnification language in its contract with any third party who PG&E may send to perform work on Customer’s physical site. PG&E agrees to work closely with Customer on any concerns that may arise related to the party who will perform work on Customer’s physical site. 299
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EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Internal
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Insurance Requirements: Customer shall procure, carry, and maintain the following insurance coverage, and Customer is also responsible for its Subcontractors maintaining sufficient limits of the appropriate insurance coverage:

A. Personal Liability

1. The limit shall not be less than One Million Dollars ($1,000,000) each occurrence for bodily injury, property damage and personal injury.

2. Coverage shall: a) By "Additional Insured" endorsement add as insureds PG&E, its directors, officers, agents, and employees with respect to liability arising out of work performed by or for the Customer; b) Be endorsed to specify that the Customer insurance is primary and that any insurance or self-insurance maintained by PG&E shall not contribute with it.

B. Workers’ Compensation and Employers’ Liability

1. Workers’ Compensation insurance or self-insurance indicating compliance with any applicable labor codes, acts, laws, or statutes, state or federal, where Customer performs Work.

2. Employers’ Liability insurance shall not be less than $1,000,000 for injury or death in each accident.

C. Commercial General Liability

1. Coverage shall be at least as broad as the Insurance Services Office (ISO) Commercial General Liability Coverage “occurrence” form, with no coverage deletions.

2. The limit shall not be less than $1,000,000 each occurrence for bodily injury, property damage and personal injury.

3. Coverage shall: a) by “Additional Insured” endorsement add as insureds PG&E, its affiliates, subsidiaries, and parent company, and PG&E’s directors, officers, agents, and employees with respect to liability arising out of or connected with the Work performed by or for the Customer. (ISO Form CG2010 or equivalent is preferred.) In the event the Commercial General Liability policy includes a “blanket endorsement by contract,” the following language added to the certificate of insurance will satisfy PG&E’s additional insured requirement: “PG&E, its affiliates, subsidiaries, and parent company, and PG&E’s directors, officers, agents, and employees with respect to liability arising out of the work performed by or for the Customer are additional insureds under a blanket endorsement.”; b) be endorsed to specify that the Customer’s insurance is primary and that any insurance or self-insurance maintained by PG&E shall not contribute with it.

D. Documentation Requirements

1. Customer shall have all insurance in place before beginning any Work. Upon request, Customer shall furnish PG&E with certificates of insurance, declaration pages and endorsements (collectively, “Documentation”) of all required insurance. Documentation shall be signed and submitted by a person authorized by that insurer to issue certificates of insurance and endorsements on its behalf.

2. The insurer shall deliver notification to PG&E in accordance with the policy provisions if any of the above-described policies are cancelled before the stated expiration date.

3. PG&E may inspect the original policies in Sections A or B or require copies at any time. Customer/Owner may redact non-essential exposure information from copies.

4. The minimum liability insurance requirements established in this Contract are not a representation by PG&E that the insurance limits are sufficient, nor do these requirements in any way limit Customer’s liability under this Contract.

5. Upon request, Customer shall furnish PG&E the same evidence of insurance for its Subcontractors as PG&E requires of Customer.

Dispute Resolution: After attempting in good faith to resolve a dispute, a party may request mediation by written notice to the other Party. The mediation shall be conducted by a mutually-agreeable mediator with appropriate experience. All negotiations and any mediation conducted pursuant to this provision are confidential and shall be treated as compromise and settlement negotiations, to which Section 1119 of the California Evidence Code shall apply, and Section 1119 is incorporated herein by reference.

No Partnership: This Contract shall not be construed as creating a partnership, joint venture, agency relationship, franchise, or association, nor shall this Contract render PG&E and Customer liable as partners, co-ventures, or principals.

Enforceability: If any of the provisions, or application of any of the provisions, of this Contract are held to be illegal or invalid by a court of competent jurisdiction, PG&E and Customer shall negotiate an equitable adjustment in the provisions of this 300
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EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Internal
Signature
Company Name
Signature
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract with a view toward effectuating the purpose of this Contract. The illegality or invalidity of any of the provisions, or application of any of the provisions, of this Contract will not affect the legality or enforceability of the remaining provisions or application of any of the provisions of the Contract.

Integration: This Contract, including all items incorporated herein by reference, constitutes the entire agreement and understanding between the parties as to the subject matter of the Contract. It supersedes all prior or contemporaneous agreements, commitments, representations, writings, and discussions between parties, whether oral or written, express or implied, that relate in any way to the subject matter of this Contract. This Contract has been induced by no representations, statements, or agreements other than those expressed herein. Neither party shall be bound by any prior or contemporaneous obligations, conditions, warranties, or representations with respect to the subject matter of this Contract.

Survival: The provisions of this Contract, which by their nature should survive expiration, cancellation, or other termination of this Contract, including but not limited to provisions regarding warranty, indemnity, insurance, confidentiality, document retention, business ethics, and availability of information, shall survive such expiration, cancellation, or other termination.

Notice: Any and all notices shall be in writing and addressed to the parties at the addresses specified below or such other addresses as either party may direct by notice given in accordance with this section and shall be delivered in one of the following manners: (i) by personal delivery, in which case notice shall be deemed to have been duly given when delivered; (ii) by certified mail, return receipt requested, with postage prepaid, in which case notice shall be deemed to have been duly given on the date indicated on the return receipt; or (iii) by reputable delivery service (including by way of example and not limitation Federal Express, UPS and DHL) which makes a record of the date and time of delivery, in which case notice shall be deemed to have been duly given on the date indicated on the delivery service’s record of delivery.

If to PG&E:

Pacific Gas and Electric Company
Attn: EV Fleet Program Manager
300 Lakeside Drive
Oakland, CA 94612
Email Address: [email protected]
If to Customer:
(Company Name)
(Street Address)
(City, Zip)
(Name)
The Parties have executed this Contract on the dates indicated below, to be effective upon the later date.

City of Richmond
Eduardo Martinez
Laura Espinoza
Print Print
Mayor
Manager, Customer Acquisition & Experience
Title PG&E Contract Signer Title
11/30/2023
12/04/23
Date Date
Pacific Gas and Electric Company
PG&E Company Name
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EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Internal

EXHIBIT A
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

PROJECT SCOPE
3230 MacDonald Avenue, Richmond, CA 94804
Vehicle Summary
Description 2023 2024 2025 2026 2027 Total
Medium Duty Vehicle 1 2 2 0 0 5
Charger (EVSE) Summary
Description 2023 2024 2025 2026 2027 Total

20.8 kW 5 0 0 0 0 5 EVSEs
Anticipated Load (kW) 104 kW 0 kW 0 kW 0 kW 0 kW 104 kW Please note that your project was scoped based on the make, model, and power level of your EV charger.

Changes to your EV charger selection may impact the charger load of your project. If you would like to change your charger selection, please consult with your Project Manager.

Service Description
Main Service Size (Amps) 400
Voltage and Phase 208/120V Three Phase
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300 Lakeside Drive
Oakland, CA 94612

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Appendix A
Internal
Appendix A

PG&E EV FLEET PROGRAM PARTICIPANT DATA REPORTING REQUIREMENTS EV Fleet program participants are required to provide site, equipment, and utilization data for at least 5 years from the time chargers are operational.

Sites are required to install chargers with Application Program Interface (API) communication capability. Sites with offroad vehicles are excluded from this requirement but must install a separate meter that is dedicated for EV charging.

Below are the data and metrics that may be collected by PG&E through the API. PG&E will contact EVSPs after EVSEs are activated to initiate API testing. Upon activation, Customer must give consent to their EVSP to provide API data to PG&E and its agents and representatives.

Customer agrees to receive and respond to customer surveys throughout the project lifecycle including post-installation, upon request of PG&E or an associated party.
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300 Lakeside Drive
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Appendix A
Internal
Table 1. Data collected from API
Category Metrics
Site
 Pricing Structure ($/kWh, $/hour, subscription, free, flat fee, other) (for public charging stations only)
 Street Address
 City
 State
 Zip Code
Equipment
 EVSE Manufacturer
 EVSE Model
 EVSE Model number
 EVSE Serial Number
 EVSE ID (for public charging stations only)
 Demand Max (Maximum rated kW for each EVSE)
 Number of ports on associated EVSE
 Gateway or non-gateway
Sessions
Data for each charging session that
occurs at the site
 Maximum rated kW of each port
 Start date and time of session
 End date and time of session
 Equipment outages
 Reason for outage
 Date and time of when outage started
 Date and time of when outage ended
 Number of kWh consumed during the session
 Average demand (kW) per session
 Maximum demand (kW) per session
 Total dollar amount charged to the driver for the charging session (for public charging stations only)
 Demand charge ($/kW) (for public charging stations only)  Payment type (for public charging stations only)
 Anonymous unique driver ID for each driver/user
 Vehicle Make
 Vehicle Model
 Vehicle Year
 Vehicle Type (BEV, PHEV)
Session Intervals
15-minute interval data for each
charging session
 Start date and time of interval
 End date and time of interval
 Number of kWh consumed during the session interval
 Average demand (kW) per session interval
 Maximum demand (kW) per session interval
Port Intervals
15-minute interval data for each port
each day (96 intervals/port/day)
 Start date and time of interval
 End date and time of interval
 Number of kWh consumed during the interval
 Average demand (kW) per interval
 Maximum demand (kW) per interval
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300 Lakeside Drive
Oakland, CA 94612

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Appendix B
Internal
Appendix B
CPUC’S SAFETY REQUIREMENTS CHECKLIST FOR CPUC-APPROVED

TRANSPORTATION ELECTRIFICATION PROGRAMS
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Appendix B
Internal

SAFETY REQUIREMENTS CHECKLIST FOR CPUC-APPROVED

TRANSPORTATION ELECTRIFICATION PROGRAMS
[Note: Each sponsoring utility must ensure that the following Pre-construction, Construction, and Operational standards are met and report on their compliance at quarterly Program Advisory Council meetings. These requirements are the minimum safety precautions the utilities should meet.]
Terminology Defined1
Acronym Definition
EV Electric Vehicle
UL Underwriters Laboratory
EVSE Electric Vehicle Supply Equipment safely connects the AC electricity grid at a site to the EV. Sometimes used more broadly to refer to the charging equipment, not including the make- ready infrastructure or other charging
infrastructure. May include multiple connectors to charge several EVs or to serve EVs with different types of
connectors (e.g., SAE CCS and CHAdeMO)
SAE Society of Automotive Engineers
ADA Americans with Disabilities Act
AHJ Authority Having Jurisdiction, as defined by Article 100 of the 2017 National Electric Code: An organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure.2
J-1772 Standard An SAE standard for electrical and physical interface to facilitate a safe connection from the EVSE for conductive charging
1 See D.18-01-024 at Appendix A.
2 2017 NEC Article 100, Definitions, includes an informational note regarding AHJ: “The phrase ‘authority having jurisdiction’ or its acronym AHJ, is used in National Fire Protection Association (NFPA) documents in a broad manner, since jurisdictions and approval agencies vary, as do their responsibilities. Where public safety is primary, the authority having jurisdiction may be a federal, state, local, or other regional department or individual such as a fire chief; fire marshal; chief of a fire prevention bureau, labor department, or health department; building official; electrical inspector; or others having statutory authority. For insurance purposes, an insurance inspection department, rating bureau, or other insurance company representative may be the authority having jurisdiction. In many circumstances, the property owner or his or her designated agent assumes the role of the authority having jurisdiction; at government installations, the commanding officer or departmental official may be the authority having jurisdiction.” 306
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Appendix B
Internal
Acronym Definition
Level 1 Charging Charging via AC electrical connection at 120 volts and up to 16 amps, or 1.9 kW.

Level 2 Charging Charging via AC electrical connection at 208 volts or 240 volts at up to 80 amps.

DC Fast Charging Charging via DC electrical connection using off-board AC/DC equipment at a fast rate. Not all EVs have this connector.

CHAdeMO and/or CCS Charging Connector
Standards
Three are three types of standard charging connectors for Direct Current Fast Charging. Vehicles capable of DC fast charging will have one of these ports on the vehicle. Other nonstandard connectors include Tesla and BYD. Most public DCFC currently deployed in California includes standard CHAdeMO and/or CCS Type 1 charging connectors.

IOU(s) Investor Owned Utility(ies)
EVITP Training The Electric Vehicle Infrastructure Training Program provides electricians with training for the installation of EVSE. EVITP is a collaboration of industry stakeholders, including automakers, EVSE manufacturers, educational institutions, utility companies, and electric industry professionals. More information is available at https://evitp.org.

NRTL Nationally Recognized Testing Lab
Pre-construction: These EV charging equipment safety requirements must be specified in procurement documents:

1. Charging equipment must be certified by a Nationally Recognized Testing Lab (NRTL).

2. Infrastructure must comply with applicable safety performance requirements associated with the type of TE infrastructure being installed.
• For light-duty vehicles, compliance with the Society of Automotive Engineers (SAE) J-1772 Standard for Level 1 or Level 2 charging. Compliance with CHAdeMO and CCS for DC fast charging would be appropriate evidence of compliance with this requirement. • For other types of TE infrastructure, including any nonstandardized EVSE, the following basic connector safety measures will be required:
• A passing EVSE safety performance evaluation report performed by a Nationally Recognized Testing Lab (NRTL);
• When not connected, the vehicle inlet and the EVSE connector must be designed to prevent direct contact with any live components;
• The vehicle inlet and EVSE connector shall be free of sharp edges and potentially injurious protrusions; • The coupler between the vehicle and the EVSE should avoid or mitigate any potentially hazardous conditions such as fires, electrical shock to users, or other personal injuries.

3. Infrastructure and its planned installation must comply with California Electrical Code Article 625.1

4. Infrastructure and its planned installation must comply with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and California Building Code Chapter 11B, 2if applicable, per the AHJ where the EVSE will be installed, unless the appropriate waiver is obtained from local authorities. 2 California Electrical Code Article 625 covers Electric Vehicle Charging System safety and standards as installed in place.

California Code of Regulations, Title 24, Article 625.
3 California Building Code Chapter 2 includes definition associated with electric vehicle charging stations. CBC Chapter 11B defines requirements for ‘Accessibility to Public Buildings, Public Accommodations, Commercial Buildings, and Public Housing.’
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Appendix B
Internal

5. Outdoor-mounted EVSE must be rated to be installed for outdoor use.

6. For utility infrastructure work on the customer side of the meter, contractors must provide proof of EVITP Certification prior to construction.

7. Contractors must provide the utility proof of a full site assessment, including the appropriate load calculations to ensure existing infrastructure can accommodate additional EV load, or that appropriate infrastructure upgrades will be completed.

During Construction:

1. All utility infrastructure work on the customer side of the meter not performed by employees of the IOUs shall be performed by fully licensed electricians. For commercial installations, all electrical contractors should hold a valid C-10 contractor’s license.

2. Installations will be designed per Article 625 of the California Electrical Code.

Operational Safety:

1. Overcurrent protection associated with utility transformers and distribution circuits that feed power to the charging stations.

2. Overcurrent protection in the meter pedestal/circuit breaker panel that feeds each of the charging stations.

3. Bollard equipment protection installed where appropriate as defined by utility design standards and AHJ requirements.

4. Concrete parking stops to protect equipment where appropriate as defined by utility design standards and AHJ requirements.
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Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Cover Letter (02.2023 Version) Page 1 of 4
December 7, 2023
City of Richmond
2500 Barrett Avenue
Richmond, CA 94804
RE: FLEET005111982
Dear Denee Evans,
Congratulations! We are pleased to extend City of Richmond an invitation to join PG&E’s EV Fleet Electrification program. Upon your completion of the action items below, we will move your project into the design phase and begin the engineering, design and construction plans for 2500 Barrett Avenue, Richmond, CA 94804. Please note, future changes to the project scope may change your eligibility for the program.

Included in this contract are the following items:
 Cover Letter
o Offer Description
o EV Charger Requirements
o Preliminary Design (also attached as PDF)
 Letter of Commitment
o EV Deployment Commitment
 EV Fleet Program Terms and Conditions (“Contract”)
 Exhibit A: Project Scope
 Appendices
o Appendix A: PG&E EV Fleet Program Participant Data Reporting Requirements o Appendix B: CPUC’s Safety Requirements Checklist for CPUC-Approved Transportation Electrification Programs
Immediate Action Items:
 Review the entire document
 Sign and return the Letter of Commitment and Contract  Provide proof of commitment (as defined below) for appropriate vehicles By signing the Letter of Commitment and the Contract, I hereby confirm my participation in PG&E’s Fleet Electrification program and acknowledge that:
 I agree to install at a minimum the number of EV Supply Equipment (EVSE or “EV charger”) specified in Exhibit A of the Contract;
 Upon execution of the Contract, PG&E will begin incurring design fees and costs as my project moves forward;
 If I withdraw from the program prior to the site being activated, then PG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of the Contract, including but not limited to, design cost, site walk costs, etc.;
 PG&E may need to conduct a comprehensive design site walk;  If the existing infrastructure or physical site or equipment is substantially different than anticipated or described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both parties, but reserves the right to cancel my participation in the program; 309
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Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Cover Letter (02.2023 Version) Page 2 of 4
 If I do not submit required documentation (e.g., signed easement) in a timely manner, then PG&E reserves the right to cancel my participation in the program and recover all costs incurred; and  My EV chargers meet the Safety Checklist requirements and has networking protocols (as described in Appendix A and Appendix B). I agree to ensure that EVSE network connectivity is in good condition for least five years from the date of activation.

Offer Description
After careful consideration of the project costs and scope of work, PG&E has determined you are eligible for the Make-Ready Incentive Option. PG&E will design, construct, own, and maintain the EV supply infrastructure to the meter only. City of Richmond will design, build, own, operate, and maintain the EV supply infrastructure behind the meter, hereafter referred to as customer-owned make-ready infrastructure. PG&E provides an incentive that is equal to the lesser amount of either: (i) 80% of the customer-owned make-ready infrastructure costs or (ii) the incentive cap of $80,000.00 as described in the table below.

EV Supply Infrastructure Incentive
Applies to Site Hosts who pay for, own, and maintain EV Supply Infrastructure Vehicle Type Per Vehicle Incentive # of Vehicles
School Buses, Local Delivery Trucks,
or Other Vehicles
$4,000.00 per Vehicle 20
Vehicle Type (Total) Incentive (Total) Incentive Total
Total # of Vehicles
20 Lesser amount of either 80% of the customerowned make-ready infrastructure costs or the incentive cap, as described above, on a per
vehicle basis
Maximum of $80,000.00
EV Charger Requirements
As a reminder, to participate in the EV Fleet program, your EV chargers, also known as EV supply equipment, at a minimum must meet the Safety Checklist requirements (see Appendix B). In addition, the EV chargers must at least meet the following network communications requirements:
 Electric Vehicle Supply Equipment (EVSE) SHALL have metering capability through an internal device and SHALL be able to measure power and usage parameters to enable reporting of the metrics in the Contractor Requirement section.
 After loss of power, provided the EVSE connector to vehicle has not been removed, the EVSE SHALL return to its post-configuration state (i.e., SHALL persist communication and registration configurations. This does not include continuing user sessions when authorization is required to start a session).
 EVSE SHALL provide a reset option, which returns the device to its pre-charge state (e.g., card or message- not user accessible).
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300 Lakeside Drive
Oakland, CA 94612
Cover Letter (02.2023 Version) Page 3 of 4
Preliminary Design
Please note the meter location on the Preliminary Design. Any requests to change the location of the meter may impact site eligibility and could result in cancellation of this contract.

PG&E may opt to utilize existing infrastructure, including existing conduit, in order to minimize project costs as indicated by the word “existing” on any components on the Preliminary Design. 311
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Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Cover Letter (02.2023 Version) Page 4 of 4
Next Steps:

We respectfully request that you return your signed contract as soon as possible. After we receive your signed contract, I will introduce you to your Project Manager, who will lead you through the design and construction process for your site.

Please note that you will need to provide a proof of commitment for a minimum of 2 vehicles for the Contract to complete the next phase of project management. A proof of commitment is any documentation of clear intent to procure and deploy vehicles, e.g., budget approval, grant agreement, request for proposal results, governancebody mandated procurement and deployment etc., in lieu of an actual purchase order provided by a seller.

Thank you for your participation in this exciting program! You are taking an important step to support California’s ambitious climate and air quality goals, and we appreciate that you have elected to work with PG&E to electrify your fleet.

Please contact me if you have any questions.

Thanks,
Tim
Tim O'Neill
(209) 401-8189
[email protected]
Electric Vehicle Customer Onboarding Specialist
Pacific Gas and Electric Company
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DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 EV Fleet Letter of Commitment (02.2023 Version) Page 1 of 1 EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
December 7, 2023
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Re: Electric Vehicle Deployment Commitment for City of Richmond Dear Pacific Gas and Electric Company,
City of Richmond and PG&E have worked together and agreed on a contract under which City of Richmond purchases electric fleet vehicles and PG&E performs make-ready infrastructure work and, if qualified, provides EV charger rebates and infrastructure incentives.

City of Richmond has received approval from our internal decision makers and commits to purchase 20 electric vehicles by December 31, 2028. We plan to purchase and deploy the vehicles during the following timeline:

Electric Vehicle Deployment Schedule
Description 2024 2025 2026 2027 2028 Total
Medium Duty Vehicle 4 4 4 4 4 20
By signing the Letter of Commitment and the Contract, City of Richmond understands that, in accordance with the section titled ‘Vehicle Purchase Plans’, City of Richmond is responsible for realizing the number and type of EV Fleet vehicles that have been indicated in Exhibit A of the aforementioned Contract regardless of the decision of granting agencies.

If City of Richmond does not purchase the number of vehicles stated in the section above, PG&E in its sole discretion may require City of Richmond to reimburse PG&E for costs incurred by PG&E associated with PG&E’s reliance on my commitment to install infrastructure, such as costs of equipment, site design, and installation.

Sincerely,
Signature
Eduardo Martinez
City of Richmond
Company Name
12/8/2023
Mayor
Print Date
Title
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DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 02.2023 Page 1 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company EV Fleet Program Terms and Conditions (“Contract”)
Definitions
As used in this Contract, the following terms have the following meanings:

Disadvantaged Community: Census tracts in PG&E’s service territory with a top quartile score according to California Environmental Protection Agency’s CalEnviroScreen 3.0, or current version.

EV Service Connection: Traditional utility infrastructure from the utility distribution system to the meter, which may include but is not limited to cable, conductors, conduit, transformers, and associated substructures from the utility distribution system.

Also referred to as “To the Meter” (TTM) infrastructure.

EV Supply Infrastructure: Infrastructure from the meter (“but not including the meter”) to the parking space, which may include an electrical panel, cable, and conduit necessary to deliver power to the parking space. Also referred to as “Behind the Meter” (BTM) infrastructure.

Electric Vehicle Supply Equipment (EVSE): Equipment used for charging EVs. The conductors, including the ungrounded, grounded, and equipment grounding conductors, the electric vehicle chargers, connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the Premises wiring to the electric vehicle.

EVSE Package: EVSE hardware, software, and network services.

EV Service Provider (EVSP): A company that provides EV charging solutions to Customer, including but not limited to network services, billing, and customer support.

Operation and Maintenance (O&M): O&M includes, but is not limited to, network fees, resetting of breakers, replacement of parts, and associated services necessary to keep the EVSE and/or EV Supply Infrastructure operational.

Premises: Premises includes all of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or quasi-public institutions, by a dedicated street, highway or public thoroughfare or railway. Automobile parking lots constituting a part of or adjacent to a single enterprise may be separated by an alley from the remainder of the Premises served. All Premises must be reviewed by PG&E to determine where service could be provided and at what cost. PG&E may agree to include some or all of the Premises in the EV Fleet Program. Multiple Premises may be listed in Exhibit A.

Rate Plan: The PG&E electric rate that Customer pays for using EVSE. Detail on PG&E rates and eligibility criteria can be found at www.pge.com/tariffs.

Customer: The entity participating in the EV Fleet Program that owns, leases, or manages the Premises where the EVSE Packages are installed. Customer will receive the bill for the energy delivered to the EVSE Package.

Specific Terms
Acknowledgement and Term: All parties agree to abide by the terms and conditions of this Contract for participation in the EV Fleet Program (part of California Public Utilities Commission, or “CPUC”, Decision Number 18-05-040 issued May 31, 2018), including all requirements included by reference. The duration of this Contract (the “Term”) will commence on the date Customer’s EVSE Package becomes operational and will continue in effect for ten (10) years thereafter (unless otherwise earlier terminated pursuant to the terms herein). PG&E will inform Customer in writing when the EVSE Package becomes operational.

Ownership: Customer has two options for ownership of EV Supply Infrastructure. Ownership of other components is listed below for reference. Sections in this Contract labeled “Customer Owned EV Supply Infrastructure” or “PG&E Owned EV Supply Infrastructure” will apply depending on the ownership option a Customer selects. Customer should indicate their ownership option in the Cover Letter provided to the customer. All other terms are common to both ownership options. 314
DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 02.2023 Page 2 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company EV Service Connection: PG&E always constructs, owns, operates, and maintains the EV Service Connection. PG&E may opt to utilize existing infrastructure, including customer-owned conduits, in order to minimize project costs. This will be indicated in the accompanying Preliminary Design.

EV Supply Infrastructure: Customer has two options for EV Supply Infrastructure ownership:

1. PG&E Owned: PG&E constructs, owns, and maintains the EV Supply Infrastructure. PG&E covers costs in accordance with CPUC requirements.

2. Customer Owned: Customer is responsible for construction and maintenance of EV Supply Infrastructure and receives an incentive in accordance with CPUC requirements.

EV Supply Equipment (EVSE): Customer always installs, owns, operates, and maintains the EVSE.

Selection of EVSE Package: Upon approval of application by PG&E, Customer shall select and procure an EVSE Package from the PG&E approved list of qualified vendors. PG&E will share qualified vendor list with Customer. Customer shall install, operate, and maintain the number and type of the EVSE Package, associated equipment, and signage as selected by Customer and approved by PG&E. Customer acknowledges that PG&E makes no representations regarding manufacturers, dealers, contractors, materials, or workmanship of the EVSE Package. Customer agrees that PG&E has no liability whatsoever concerning the quality and safety of such EVSE Package. At PG&E sole discretion, Customer may use an EVSE Package that is not on the approved list of qualified vendors. If EVSE Package is not on the approved list of qualified vendors, EVSE Package must be compliant with minimum requirements. These minimum requirements are attached to this Contract, as applicable. Customer agrees to provide all information requested by PG&E about non-approved EVSE Packages, including but not limited to technical and safety specifications.

EVSE Rebate: Customer may qualify for a rebate of EVSE, in accordance with the CPUC requirements. Rebate amounts will vary in accordance with the CPUC requirements. Rebates will be paid after (1) Customer provides proof of purchase of EVSE Package, (2) at PG&E discretion PG&E inspects the installation of the EVSE and the physical location, and (3) the EVSE is operational. Any EVSE acquired after the EV Fleet Program implementation window (currently 2024) will not be eligible for rebate.

Additional Services from EVSP: Separate and apart from the application and PG&E’s obligations under the EV Fleet Program, the EVSP selected by Customer may offer and contract directly with the Customer to provide any additional or complementary services, as long as these services do not interfere with the objectives of the EV Fleet Program as fully described in the CPUC decision. The costs of additional EVSP services, and any cost related to O&M of any additional EVSP services, will not be borne by PG&E, unless they are complementary services necessary to support the EV Fleet Program objectives and are approved by PG&E in writing.

EV Drivers’ Right to Access: Customer shall not restrict access to or use of the EVSE for reasons including, but not limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited by applicable law. However, Customer may decide to make the EVSE available only to its employees, tenants, or lessors; under the terms of the EV Fleet Program, Customer decides whether to make the EVSE available to other 3rd parties. 315
DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 Clean Energy Transportation
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300 Lakeside Drive
Oakland, CA 94612
Contract version revised 02.2023 Page 3 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Accessibility Requirements: The installation of the EVSE and EV Service Connection is required to comply with the Americans with Disabilities Act (ADA) and California Building Standards. Customer understands and accepts that such standards may impact parking layouts and reduce the number of non-accessible parking spaces available. Customer understands and accepts that changes to initial design representations may occur during the design, construction, and operational phases of the EVSE as may be dictated by design constraints, by law or regulation, or by local jurisdictional authorities.

Easement Requirement: An easement may be required to maintain PG&E owned facilities. PG&E will use existing easements when possible to minimize encumbrances on Customer property. If a new easement is required, access rights will follow standard utility requirements for providing electrical service. PG&E will determine if a new easement is required when Customer application is evaluated and will communicate that to Customer. If Customer does not wish to grant an easement for one or more Premises, PG&E may remove those Premises from the EV Fleet program. If Customer accepts easement requirements, Customer agrees to grant PG&E an easement for the installation of EV Service Connection and EV Supply Infrastructure. If the EV Service Connection must cross property owned by a third party to serve Customer, PG&E may, at its option, install such EV Service Connection after appropriate rights of way or easements, satisfactory to PG&E, are obtained without cost to PG&E. Customer agrees to sign and return easement to PG&E within 30 days of receipt. If the Customer does not respond within 30 days, PG&E reserves the right to rescind Customer’s participation in the EV Fleet Program. Upon termination of the Contract, PG&E shall upon written demand therefor execute and deliver to Customer a good and sufficient quitclaim of said easement and right of way or such portion thereof conveyed in this document, at Customer expense.

EVSE O&M: The Customer is required to maintain the EVSE for the Term. Customer will pay all O&M costs associated with the EVSE. Customer shall maintain a consistent uptime at the direction of PG&E for EVSE installed. Customer shall maintain the common area improvements immediately surrounding the EVSE in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EVSE. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance on PG&E owned infrastructure. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises. Customer will immediately shut down chargers if there is a safety issue.

Billing: Customer will be the PG&E Customer and will be served according to the applicable Rate Plan. As the Customer, Customer will be responsible for paying the PG&E bill.

Compensation: Under no conditions shall Customer or EV Drivers receive compensation of any kind (including but not limited to: cash, in-kind services, or otherwise) for any duties or requirements provided for in this Contract or for participation in any way as part of the EV Fleet Program, including but not limited to: easements, use of data for lawful purposes, loss of business activity during construction or maintenance activities, or any other inconvenience or loss, without limitation, related to participation.

Changing Rate Plan: Customer may change Rate Plan during the Term but must remain on a retail PG&E rate for the duration of the Term. If Customer switches to a non-retail PG&E rate during the Term, Customer shall bear the full cost and sole expense, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-rated costs of equipment, site design, and installation.

Reliability: PG&E does not guarantee uninterrupted service. Customer may pursue options to ensure that any impact to Customer operations from potential loss of power is sufficiently mitigated. Customer is responsible for the cost of any supplemental solutions to improve reliability.

Expansion of EVSE Installation: Customer may add more charging ports to their installation in the future, in accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Customer must coordinate with PG&E prior to any approved installation extension. Any installations or related work performed outside of EV Fleet program will be at Customer’s expense and its liability.

EVSE Replacement: Customer may replace their EVSE during the Term. Customer must notify PG&E ahead of replacement to ensure infrastructure can accommodate the additional load and new EVSE complies with necessary CPUC requirements for the program. If adequate infrastructure does not exist, Customer must request increased capacity in accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Any replacements will be at Customer’s expense and its liability.

Vehicle Purchase Plans: PG&E will work with Customer to understand its fleet electrification plans and may install 316
DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 Clean Energy Transportation
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300 Lakeside Drive
Oakland, CA 94612
Contract version revised 02.2023 Page 4 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company infrastructure to support future vehicle purchases. In Exhibit A, Customer will provide the number, type, and charging levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. At PG&E discretion, during the Term PG&E may request evidence that Customer is operating these vehicles and associated charging in accordance with its electrification plan. If Customer is not operating vehicles consistent with its electrification plans, at PG&E discretion, Customer may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site design and installation. Customer may, at any time within the Term request from PG&E projected and final costs associated with this. If Customer wishes to change its plan, Customer must provide a modified plan to PG&E. This modified plan must be mutually agreed upon by PG&E and Customer. Customer may opt to replace these vehicles with similar equipment but must operate the number and type of vehicles outlined in the electrification plan. Vehicles that are leased must be replaced with similar equipment upon termination of the lease duration.

If Customer is not the party responsible for purchasing or leasing the vehicles indicated in Exhibit A, they will acquire and provide such proof from the responsible party including the number, type, and charging levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. Customer is responsible to provide evidence of vehicle operation and associated charging during this term in accordance with the indicated electrification plans. If vehicles are not operating consistent with the indicated electrification plans, at PG&E discretion, Customer may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site design, and installation.

Project Scope: Customer acknowledges that:
 Customer agrees to the high-level project scope listed in Exhibit A;  Upon execution of this Contract, PG&E will begin incurring design fees and costs as Customer project moves forward;
 If Customer withdraws from the program, then PG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of this Contract including, but not limited to, design cost, site walk costs, etc.;
 PG&E will conduct a site walk;
 If the existing infrastructure or physical site or equipment is substantially different than anticipated or described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both parties, but reserves the right to cancel Customer participation in the program; and  If Customer does not submit required documentation (e.g., signed easement if needed) in a timely manner, then PG&E may grant extensions by request but reserves the right to waitlist Customer application and/or cancel participation in the program.

External Funding Sources: Customer understands that the total infrastructure and EVSE rebate and incentive amounts the Customer receives from all sources, which may include but is not limited to, utilities, state programs, manufacturer, retailer, or otherwise, cannot exceed Customer’s total cost of purchasing the EVSE, installing the EVSE, and constructing the EV Supply Infrastructure.

Customer agrees to keep records of all infrastructure and EVSE incentives and rebates received for Customer’s EV Fleet project. Customer understands that PG&E may request and review said records up to one year after project completion date.

If rebates and incentives received exceed incurred project cost, PG&E may inform all other funding sources, which may include but is not limited to, utilities, state programs, manufacturer, retailer, or other, of the violation, including the name of the Customer, a description of the project, and details regarding the excessive rebates and incentives.

Customer Owned EV Supply Infrastructure Section
EV Supply Infrastructure Incentive: Customer qualifies for an incentive towards the cost of EV Supply Infrastructure if they choose to own and maintain the EV Supply Infrastructure. Incentive amounts will vary in accordance with the CPUC requirements. Incentive will be paid after (1) Customer provides proof of actual EV Supply Infrastructure construction cost, (2) EV Supply Infrastructure construction is complete, (3) the EVSE is operational.

Installation of EV Service Connection: PG&E and/or its contractors shall design and construct the EV Service Connection in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements. Customer is responsible for providing all disclosures, including but not limited to hazardous materials located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of proposed facilities to 317
DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 02.2023 Page 5 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Customer prior to preparation of easement for Customer review and approval; such approval will not unreasonably be withheld.

The easement will be executed and recorded in favor of PG&E so that PG&E may access the EV Service Connection as needed. It will be the Customer’s responsibility to provide a preliminary design of the EV Supply Infrastructure and associated electrical loads so that PG&E can provide the associated EV Service Connection design. PG&E and Customer will approve final design prior to construction beginning. Once design is approved, no material changes will be made without approval from PG&E and Customer. After the EVSE is operational, Customer may request a copy of “as built” designs, which will be provided by PG&E.

Installation of EV Supply Infrastructure: The Customer and/or its contractors shall construct the EV Supply Infrastructure and install the EVSE in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements, including PG&E requirements found at www.pge.com/greenbook. The Customer is responsible for (i) the costs to construct the EV Supply Infrastructure, (ii) the purchase of the EVSE Package, and (iii) installation of the EVSE.

After the EVSE is operational, Customer receives incentive for EV Supply Infrastructure in accordance with terms of this Contract.

EV Supply Infrastructure O&M: If Customer owns the EV Supply Infrastructure, Customer is responsible for O&M of the EV Supply Infrastructure for the Term. Customer will pay all O&M costs associated with the EV Supply Infrastructure. Customer shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EV Supply Infrastructure. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises.

Access to Customers Premises: PG&E shall at all times have the right to enter and leave the Customer’s Premises for any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Customer does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted. PG&E will work closely with Customer to ensure this access does not unreasonably interfere with Customer’s property or operations.

End of Term: At the end of the Term, the Customer will have the following options:

1. Continue operating EVSE and EV Supply Infrastructure o Customer has continued responsibility for O&M of EVSE and EV Supply Infrastructure. o If an easement was required for installation, easement remains in place. o PG&E continues to own EV Service Connection and will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16.

2. Stop operating EVSE and EV Supply Infrastructure
o Remove the EVSE and/or EV Supply Infrastructure at Customer’s cost and expense. o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection serves other load or assets, for example building load or solar, PG&E continues to own EV Service Connection and will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service Connection serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and abandon facilities in place.

PG&E Owned EV Supply Infrastructure Section
Installation of Equipment: PG&E and/or its contractors shall design and construct the EV Service Connection and EV Supply Infrastructure in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements. Customer is responsible for providing all disclosures, including but not limited to hazardous materials located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of proposed facilities to Customer prior to preparation of easement for Customer review and approval; such approval will not unreasonably be withheld.

The easement will be executed and recorded in favor of PG&E so that PG&E may access the EV Service Connection and EV Supply Infrastructure as needed. After Customer approval of the preliminary design, PG&E will coordinate with the Customer if there are any proposed material changes. A final design with no material changes from the agreed upon design will be 318
DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 Clean Energy Transportation
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300 Lakeside Drive
Oakland, CA 94612
Contract version revised 02.2023 Page 6 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company provided by PG&E prior to any installation activities. PG&E and Customer will approve final design prior to construction beginning. Once design is approved, no material changes will be made without approval from PG&E and Customer. An estimated installation schedule shall be provided by PG&E after execution of required easement and timely selection of EVSE Package. Should the installation schedule require modification, PG&E shall notify Customer within a reasonable amount of time of such changes. PG&E is responsible for the costs to construct the EV Supply Infrastructure. The Customer is responsible for (i) the purchase of the EVSE Package and (ii) installation of the EVSE. Upon completion of installation of the EVSE, the Customer understands and acknowledges that it will be responsible for the O&M of the EVSE installed through the EV Fleet Program. After the EVSE is operational, Customer may request a copy of “as built” designs, which will be provided by PG&E.

EV Supply Infrastructure O&M: If PG&E owns the EV Supply Infrastructure, PG&E is responsible for O&M of the EV Supply Infrastructure for the Term. PG&E will pay all O&M costs associated with the EV Supply Infrastructure. Customer shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EV Supply Infrastructure.

Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises.

Access to Customers Premises: PG&E shall at all times have the right to enter and leave the Customer’s Premises for any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Customer does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted. PG&E will work closely with Customer to ensure this access does not unreasonably interfere with Customer’s property or operations.

End of Term: At the end of the Term, the Customer will have the following options:

1. Continue operating EVSE
o Customer has continued responsibility for O&M of EVSE. o If an easement was required for installation, easement remains in place. o PG&E continues to own EV Service Connection and EV Supply Infrastructure and will treat these under the standard provisions of CPUC filed tariffs such as Electric Rule 16.

2. Stop operating EVSE
o Remove the EVSE at Customer’s cost and expense.
o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection and/or EV Supply Infrastructure serves other load or assets, for example solar, PG&E continues to own EV Service Connection and/or EV Supply Infrastructure and will treat these under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service Connection and/or EV Supply Infrastructure serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and EV Supply Infrastructure and abandon facilities in place.

General Terms
Permission to Use Data: Customer agrees to allow PG&E and its agents and representatives to use data gathered as part of the EV Fleet Program (including usage data from the EVSE and EVSE performance data supplied directly to PG&E from the EVSP) (“Usage Data”) for use in regulatory reporting, ordinary business use, industry forums, case studies, or other similar activities, in accordance with applicable laws and regulations. Usage Data furnished to PG&E by the EVSP will not include any personal information as defined for the purposes of California privacy laws (including the California Privacy Rights Act, as amended(“CPRA”)). Any such personal data will be deidentified (as defined by CPRA) before it is provided to PG&E.

Notwithstanding the foregoing, Customer acknowledges that PG&E is required to disclose location data at census tract or 5- digit zip code level as part of its regulatory obligations to report aggregate data. Although such locations will not be identified as Customer locations in the aggregated and anonymous data disclosed by PG&E, a third party could potentially associate Customer with disclosed locations by reference to other facts and data sources. 319
DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 02.2023 Page 7 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Representations: Customer understands that its participation in EV Fleet Program shall not be construed as creating any agency, partnership, or other form of joint enterprise between the Customer, PG&E, or their affiliates, contractors, vendors, representatives, or designees, nor create any obligations or responsibilities on their behalf except as may be expressly granted in writing, nor make any representations of any kind to this effect. Customer represents and warrants that it is either (i) the fee title owner and has the ability to grant an easement (if required), or (ii) it is the authorized manager of the proposed EV Fleet Program site working with the fee title owner, it has the power, authority, and capacity to bind itself to undertake the EV Fleet Program terms and conditions and to perform each and every obligation required of Customer, and such fee title owner has the ability to grant an easement (if needed).

Changes: PG&E may initiate changes to the EV Fleet Program as necessary to comply with CPUC directives. PG&E shall endeavor to provide Customer with advance notice of any such changes. Customer has the option to opt out of the Program subject to section “Customer Removal or Termination” below.

Compliance with Laws: All parties shall comply with all applicable federal, state, and local statutes, rules, regulations, laws, orders, and decisions that relate to or govern its participation in the EV Fleet Program and/or Customer’s interactions with customers in connection with the EV Fleet Program.

Failure to Comply with Terms and Conditions: Without limitation, and to the greatest extent allowed by law, PG&E and Customer reserve the right to seek damages and recovery for losses incurred due to any breach of this Contract on the part of Customer or PG&E, whether intentional or unintentional.

Relocations: Should Customer request relocation of EVSE or parts thereof, such relocation shall be per mutually agreeable terms and shall be at sole expense of Customer and in accordance with any EV Fleet Program requirements, laws, regulations, or other applicable jurisdictional requirements. Additionally, if applicable and requested by PG&E, Customer shall either amend the easement to include the legal description of the new location or enter into a new easement with PG&E.

PG&E Termination or Suspension: PG&E may terminate, or for any duration suspend, Customer’s participation in the EV Fleet Program, with or without cause, at any time, and for any reason, with reasonable advance notice. Such reasons may include but are not limited to failure to provide or maintain terms of easement, failure to abide by EV Fleet Program terms and conditions, permitting issues, exceptional installation costs, environmental concerns, or any other reason(s) not in the best interests of the EV Fleet Program or PG&E’s ratepayers.

Customer Removal or Termination: Should Customer request removal or termination of EVSE or parts thereof prior to expiration of the Term, then Customer shall bear the full cost and sole expense of such removal as well as all fees and costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-rated costs of equipment, site design, and installation. Customer may, at any time within the Term, request from PG&E projected and final costs associated with such a removal request. Such costs will include all amounts paid by PG&E, divided equally over a ten-year period (e.g., if amounts total $100k and Customer leaves after 1 year it is responsible for $90k). If the Customer wishes to assign its rights and obligations of this Contract to a new Customer prior to the expiration of the Term, the new Customer may assume all rights and obligations for the remaining Term with PG&E consent. Such consent not to be unreasonably withheld.

Indemnification: Customer shall indemnify, hold harmless, and defend PG&E, its affiliates, subsidiaries, parent company, officers, managers, directors, agents, and employees, from and against all claims, demands, losses, damages, costs, expenses, and liability (legal, contractual, or otherwise), which arise from or are in any way connected with any: (i) injury to or death of persons, including but not limited to employees of PG&E or Customer; (ii) injury to property or other interests of PG&E, Customer, or any third party; (iii) violation of a local, state, or federal common law, statute, or regulation, including but not limited to environmental laws or regulations; or (iv) strict liability imposed by any law or regulation; so long as such injury, violation, or strict liability (as set forth in (i) - (iv) above) arises from or is in any way connected with Customer’s performance of, or failure to perform, this Contract. This indemnification obligation shall not apply to the extent that such injury, loss, or damage is caused by the negligence or willful misconduct of PG&E, its officers, managers, or employees.

Customer shall, on PG&E's request, defend any action, claim, or suit asserting a claim which might be covered by this indemnity, using counsel acceptable to PG&E. Customer shall pay all costs and expenses that may be incurred by PG&E in enforcing this indemnity, including reasonable attorney's fees. To the extent necessary, each Party was represented by counsel in the negotiation and execution of this Contract. PG&E represents and warrants that it has indemnification language in its contract with any third party who PG&E may send to perform work on Customer’s physical site. PG&E agrees to work closely with Customer on any concerns that may arise related to the party who will perform work on Customer’s physical site. 320
DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 02.2023 Page 8 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Insurance Requirements: Customer shall procure, carry, and maintain the following insurance coverage, and Customer is also responsible for its Subcontractors maintaining sufficient limits of the appropriate insurance coverage:

A. Personal Liability

1. The limit shall not be less than One Million Dollars ($1,000,000) each occurrence for bodily injury, property damage and personal injury.

2. Coverage shall: a) By "Additional Insured" endorsement add as insureds PG&E, its directors, officers, agents, and employees with respect to liability arising out of work performed by or for the Customer; b) Be endorsed to specify that the Customer insurance is primary and that any insurance or self-insurance maintained by PG&E shall not contribute with it.

B. Workers’ Compensation and Employers’ Liability

1. Workers’ Compensation insurance or self-insurance indicating compliance with any applicable labor codes, acts, laws, or statutes, state or federal, where Customer performs Work.

2. Employers’ Liability insurance shall not be less than $1,000,000 for injury or death in each accident.

C. Commercial General Liability

1. Coverage shall be at least as broad as the Insurance Services Office (ISO) Commercial General Liability Coverage “occurrence” form, with no coverage deletions.

2. The limit shall not be less than $1,000,000 each occurrence for bodily injury, property damage and personal injury.

3. Coverage shall: a) by “Additional Insured” endorsement add as insureds PG&E, its affiliates, subsidiaries, and parent company, and PG&E’s directors, officers, agents, and employees with respect to liability arising out of or connected with the Work performed by or for the Customer. (ISO Form CG2010 or equivalent is preferred.) In the event the Commercial General Liability policy includes a “blanket endorsement by contract,” the following language added to the certificate of insurance will satisfy PG&E’s additional insured requirement: “PG&E, its affiliates, subsidiaries, and parent company, and PG&E’s directors, officers, agents, and employees with respect to liability arising out of the work performed by or for the Customer are additional insureds under a blanket endorsement.”; b) be endorsed to specify that the Customer’s insurance is primary and that any insurance or self-insurance maintained by PG&E shall not contribute with it.

D. Documentation Requirements

1. Customer shall have all insurance in place before beginning any Work. Upon request, Customer shall furnish PG&E with certificates of insurance, declaration pages and endorsements (collectively, “Documentation”) of all required insurance. Documentation shall be signed and submitted by a person authorized by that insurer to issue certificates of insurance and endorsements on its behalf.

2. The insurer shall deliver notification to PG&E in accordance with the policy provisions if any of the above-described policies are cancelled before the stated expiration date.

3. PG&E may inspect the original policies in Sections A or B or require copies at any time. Customer/Owner may redact non-essential exposure information from copies.

4. The minimum liability insurance requirements established in this Contract are not a representation by PG&E that the insurance limits are sufficient, nor do these requirements in any way limit Customer’s liability under this Contract.

5. Upon request, Customer shall furnish PG&E the same evidence of insurance for its Subcontractors as PG&E requires of Customer.

Dispute Resolution: After attempting in good faith to resolve a dispute, a party may request mediation by written notice to the other Party. The mediation shall be conducted by a mutually-agreeable mediator with appropriate experience. All negotiations and any mediation conducted pursuant to this provision are confidential and shall be treated as compromise and settlement negotiations, to which Section 1119 of the California Evidence Code shall apply, and Section 1119 is incorporated herein by reference.

No Partnership: This Contract shall not be construed as creating a partnership, joint venture, agency relationship, franchise, or association, nor shall this Contract render PG&E and Customer liable as partners, co-ventures, or principals.

Enforceability: If any of the provisions, or application of any of the provisions, of this Contract are held to be illegal or invalid by a court of competent jurisdiction, PG&E and Customer shall negotiate an equitable adjustment in the provisions of this 321
DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 02.2023 Page 9 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Signature Signature
PG&E Company Name
Contract with a view toward effectuating the purpose of this Contract. The illegality or invalidity of any of the provisions, or application of any of the provisions, of this Contract will not affect the legality or enforceability of the remaining provisions or application of any of the provisions of the Contract.

Integration: This Contract, including all items incorporated herein by reference, constitutes the entire agreement and understanding between the parties as to the subject matter of the Contract. It supersedes all prior or contemporaneous agreements, commitments, representations, writings, and discussions between parties, whether oral or written, express or implied, that relate in any way to the subject matter of this Contract. This Contract has been induced by no representations, statements, or agreements other than those expressed herein. Neither party shall be bound by any prior or contemporaneous obligations, conditions, warranties, or representations with respect to the subject matter of this Contract.

Survival: The provisions of this Contract, which by their nature should survive expiration, cancellation, or other termination of this Contract, including but not limited to provisions regarding warranty, indemnity, insurance, confidentiality, document retention, business ethics, and availability of information, shall survive such expiration, cancellation, or other termination.

Notice: Any and all notices shall be in writing and addressed to the parties at the addresses specified below or such other addresses as either party may direct by notice given in accordance with this section and shall be delivered in one of the following manners: (i) by personal delivery, in which case notice shall be deemed to have been duly given when delivered; (ii) by certified mail, return receipt requested, with postage prepaid, in which case notice shall be deemed to have been duly given on the date indicated on the return receipt; or (iii) by reputable delivery service (including by way of example and not limitation Federal Express, UPS and DHL) which makes a record of the date and time of delivery, in which case notice shall be deemed to have been duly given on the date indicated on the delivery service’s record of delivery.

If to PG&E:

Pacific Gas and Electric Company
Attn: EV Fleet Program Manager
300 Lakeside Drive
Oakland, CA 94612
Email Address: [email protected]
If to Customer:

CITY OF RICHMOND
450 CIVIC CENTER PLAZA
RICHMOND, CA 94804

TRANSPORTATION (DENEE EVANS)
(Company Name)
(Street Address)
(City, Zip)
(Name)
The Parties have executed this Contract on the dates indicated below, to be effective upon the later date.

City of Richmond
Eduardo Martinez
Pacific Gas and Electric Company
Laura Espinoza
Print Print
Mayor Manager, Customer Acquisition & Experience
Title PG&E Contract Signer Title
12/8/2023
12/13/2023
Date Date
Company Name
322
DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 02.2023 Page 10 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company

EXHIBIT A

PROJECT SCOPE
2500 Barrett Avenue, Richmond, CA 94804
Vehicle Summary
Description 2024 2025 2026 2027 2028 Total
Medium Duty Vehicle 4 4 4 4 4 20
Charger (EVSE) Summary
Description 2024 2025 2026 2027 2028 Total

20.8 kW 20 0 0 0 0 20 EVSEs
Anticipated Load (kW) 416 kW 0 kW 0 kW 0 kW 0 kW 416 kW Please note that your project was scoped based on the make, model, and power level of your EV charger.

Changes to your EV charger selection may impact the charger load of your project. If you would like to change your charger selection, please consult with your Project Manager.

Service Description
Main Service Size (Amps) 1,600
Voltage and Phase 120/208V Three Phase
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Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 02.2023 Page 11 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Max Load Table
Customer must adhere to the load profile provided below. If the customer desires to increase their load or modify their hours of use, an application must be submitted to PG&E’s Service Planning department. Failure to meet these guidelines may jeopardize reliable operation of the electric system. If EV charging exceeds these values and causes damage to PG&E facilities, the customer will be financially liable for the cost of repairs. 324
DocuSign Envelope ID: E2DAC76D-2BDA-416A-A021-A8B7B39F3886 Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

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Appendix A
Appendix A

PG&E EV FLEET PROGRAM PARTICIPANT DATA REPORTING REQUIREMENTS EV Fleet program participants are required to provide site, equipment, and utilization data for at least 5 years from the time chargers are operational.

Sites are required to install chargers with Application Program Interface (API) communication capability. Sites with offroad vehicles are excluded from this requirement but must install a separate meter that is dedicated for EV charging.

Below are the data and metrics that may be collected by PG&E through the API. PG&E will contact EVSPs after EVSEs are activated to initiate API testing. Upon activation, Customer must give consent to their EVSP to provide API data to PG&E and its agents and representatives.

Customer agrees to receive and respond to customer surveys throughout the project lifecycle including post-installation, upon request of PG&E or an associated party.
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Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

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Appendix A
Table 1. Data collected from API
Category Metrics
Site
 Pricing Structure ($/kWh, $/hour, subscription, free, flat fee, other) (for public charging stations only)
 Street Address
 City
 State
 Zip Code
Equipment
 EVSE Manufacturer
 EVSE Model
 EVSE Model number
 EVSE Serial Number
 EVSE ID (for public charging stations only)
 Demand Max (Maximum rated kW for each EVSE)
 Number of ports on associated EVSE
 Gateway or non-gateway
Sessions
Data for each charging session that
occurs at the site
 Maximum rated kW of each port
 Start date and time of session
 End date and time of session
 Equipment outages
 Reason for outage
 Date and time of when outage started
 Date and time of when outage ended
 Number of kWh consumed during the session
 Average demand (kW) per session
 Maximum demand (kW) per session
 Total dollar amount charged to the driver for the charging session (for public charging stations only)
 Demand charge ($/kW) (for public charging stations only)  Payment type (for public charging stations only)
 Anonymous unique driver ID for each driver/user
 Vehicle Make
 Vehicle Model
 Vehicle Year
 Vehicle Type (BEV, PHEV)
Session Intervals
15-minute interval data for each
charging session
 Start date and time of interval
 End date and time of interval
 Number of kWh consumed during the session interval
 Average demand (kW) per session interval
 Maximum demand (kW) per session interval
Port Intervals
15-minute interval data for each port
each day (96 intervals/port/day)
 Start date and time of interval
 End date and time of interval
 Number of kWh consumed during the interval
 Average demand (kW) per interval
 Maximum demand (kW) per interval
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Appendix B
Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Appendix B
CPUC’S SAFETY REQUIREMENTS CHECKLIST FOR CPUC-APPROVED

TRANSPORTATION ELECTRIFICATION PROGRAMS
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Appendix B

SAFETY REQUIREMENTS CHECKLIST FOR CPUC-APPROVED

TRANSPORTATION ELECTRIFICATION PROGRAMS
[Note: Each sponsoring utility must ensure that the following Pre-construction, Construction, and Operational standards are met and report on their compliance at quarterly Program Advisory Council meetings. These requirements are the minimum safety precautions the utilities should meet.]
Terminology Defined1
Acronym Definition
EV Electric Vehicle
UL Underwriters Laboratory
EVSE Electric Vehicle Supply Equipment safely connects the AC electricity grid at a site to the EV. Sometimes used more broadly to refer to the charging equipment, not including the make- ready infrastructure or other charging
infrastructure. May include multiple connectors to charge several EVs or to serve EVs with different types of
connectors (e.g., SAE CCS and CHAdeMO)
SAE Society of Automotive Engineers
ADA Americans with Disabilities Act
AHJ Authority Having Jurisdiction, as defined by Article 100 of the 2017 National Electric Code: An organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure.2
J-1772 Standard An SAE standard for electrical and physical interface to facilitate a safe connection from the EVSE for conductive charging
1 See D.18-01-024 at Appendix A.
2 2017 NEC Article 100, Definitions, includes an informational note regarding AHJ: “The phrase ‘authority having jurisdiction’ or its acronym AHJ, is used in National Fire Protection Association (NFPA) documents in a broad manner, since jurisdictions and approval agencies vary, as do their responsibilities. Where public safety is primary, the authority having jurisdiction may be a federal, state, local, or other regional department or individual such as a fire chief; fire marshal; chief of a fire prevention bureau, labor department, or health department; building official; electrical inspector; or others having statutory authority. For insurance purposes, an insurance inspection department, rating bureau, or other insurance company representative may be the authority having jurisdiction. In many circumstances, the property owner or his or her designated agent assumes the role of the authority having jurisdiction; at government installations, the commanding officer or departmental official may be the authority having jurisdiction.” 328
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Appendix B
Acronym Definition
Level 1 Charging Charging via AC electrical connection at 120 volts and up to 16 amps, or 1.9 kW.

Level 2 Charging Charging via AC electrical connection at 208 volts or 240 volts at up to 80 amps.

DC Fast Charging Charging via DC electrical connection using off-board AC/DC equipment at a fast rate. Not all EVs have this connector.

CHAdeMO and/or CCS Charging Connector
Standards
Three are three types of standard charging connectors for Direct Current Fast Charging. Vehicles capable of DC fast charging will have one of these ports on the vehicle. Other nonstandard connectors include Tesla and BYD. Most public DCFC currently deployed in California includes standard CHAdeMO and/or CCS Type 1 charging connectors.

IOU(s) Investor Owned Utility(ies)
EVITP Training The Electric Vehicle Infrastructure Training Program provides electricians with training for the installation of EVSE. EVITP is a collaboration of industry stakeholders, including automakers, EVSE manufacturers, educational institutions, utility companies, and electric industry professionals. More information is available at https://evitp.org.

NRTL Nationally Recognized Testing Lab
Pre-construction: These EV charging equipment safety requirements must be specified in procurement documents:

1. Charging equipment must be certified by a Nationally Recognized Testing Lab (NRTL).

2. Infrastructure must comply with applicable safety performance requirements associated with the type of TE infrastructure being installed.
• For light-duty vehicles, compliance with the Society of Automotive Engineers (SAE) J-1772 Standard for Level 1 or Level 2 charging. Compliance with CHAdeMO and CCS for DC fast charging would be appropriate evidence of compliance with this requirement. • For other types of TE infrastructure, including any nonstandardized EVSE, the following basic connector safety measures will be required:
• A passing EVSE safety performance evaluation report performed by a Nationally Recognized Testing Lab (NRTL);
• When not connected, the vehicle inlet and the EVSE connector must be designed to prevent direct contact with any live components;
• The vehicle inlet and EVSE connector shall be free of sharp edges and potentially injurious protrusions; • The coupler between the vehicle and the EVSE should avoid or mitigate any potentially hazardous conditions such as fires, electrical shock to users, or other personal injuries.

3. Infrastructure and its planned installation must comply with California Electrical Code Article 625.1

4. Infrastructure and its planned installation must comply with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and California Building Code Chapter 11B, 2if applicable, per the AHJ where the EVSE will be installed, unless the appropriate waiver is obtained from local authorities. 2 California Electrical Code Article 625 covers Electric Vehicle Charging System safety and standards as installed in place.

California Code of Regulations, Title 24, Article 625.
3 California Building Code Chapter 2 includes definition associated with electric vehicle charging stations. CBC Chapter 11B defines requirements for ‘Accessibility to Public Buildings, Public Accommodations, Commercial Buildings, and Public Housing.’
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Appendix B

5. Outdoor-mounted EVSE must be rated to be installed for outdoor use.

6. For utility infrastructure work on the customer side of the meter, contractors must provide proof of EVITP Certification prior to construction.

7. Contractors must provide the utility proof of a full site assessment, including the appropriate load calculations to ensure existing infrastructure can accommodate additional EV load, or that appropriate infrastructure upgrades will be completed.

During Construction:

1. All utility infrastructure work on the customer side of the meter not performed by employees of the IOUs shall be performed by fully licensed electricians. For commercial installations, all electrical contractors should hold a valid C-10 contractor’s license.

2. Installations will be designed per Article 625 of the California Electrical Code.

Operational Safety:

1. Overcurrent protection associated with utility transformers and distribution circuits that feed power to the charging stations.

2. Overcurrent protection in the meter pedestal/circuit breaker panel that feeds each of the charging stations.

3. Bollard equipment protection installed where appropriate as defined by utility design standards and AHJ requirements.

4. Concrete parking stops to protect equipment where appropriate as defined by utility design standards and AHJ requirements.
330
331
Reso. No. _____

Page 1 of 2 ends

RESOLUTION NO. ______

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

CALIFORNIA, TERMINATING PARTICIPATION IN THE PACIFIC GAS AND

ELECTRIC COMPANY EV FLEET ELECTRIFICATION PROGRAM FOR
PROJECT NOS. FLEET005109591 AND FLEET005111982 AND AUTHORIZING PAYMENT OF PROJECT COSTS IN AN AMOUNT NOT-TO-EXCEED $80,000 WHEREAS, in Fall 2022, City Transportation staff applied for the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project to support the replacement of gasolinepowered R-Transit vehicles with electric vehicles and associated charging equipment; and WHEREAS, following the City's participation in that program, Pacific Gas and Electric Company ("PG&E") invited the City to participate in its EV Fleet Electrification Program MakeReady Incentive Option to support electrical utility infrastructure upgrades necessary for electric vehicle charging; and
WHEREAS, on August 30, 2023, PG&E Engineering and Design staff met with City Transportation and Public Works staff to evaluate five potential City EV fleet charging locations; and
WHEREAS, on November 28, 2023, the City Council authorized the City to execute letters of commitment and related contracts necessary to participate in PG&E's EV Fleet Electrification Program; and
WHEREAS, under the program, PG&E is responsible for designing, constructing, owning, and maintaining electrical infrastructure from the utility transformer to the City's meter, while the City is responsible for designing, constructing, owning, operating, and maintaining the customerowned electrical infrastructure from the meter to the EV charging equipment; and WHEREAS, following Council authorization, the City executed PG&E EV Fleet Electrification Program agreements for Project No. FLEET005109591 at 3230 Macdonald Avenue and Project No. FLEET005111982 at 2500 Barrett Avenue; and WHEREAS, the Macdonald Avenue project contemplated deployment of five qualifying electric vehicles and five EV chargers, and the Barrett Avenue project contemplated deployment of twenty qualifying electric vehicles; and
WHEREAS, the executed agreements provide that PG&E may begin incurring design, engineering, site-walk, project management, and other project development costs following execution and reserve PG&E's right to recover costs incurred if the City withdraws before activation of the project sites; and
WHEREAS, Public Works staff subsequently reviewed the projects and determined that proceeding would require substantial additional City investment to complete the required customer-owned behind-the-meter infrastructure, including engineering, switchgear, electrical and civil construction, trenching, conduit, charging equipment, permitting, commissioning, and other related improvements; and
WHEREAS, sufficient dedicated funding has not been identified to complete the City's remaining obligations under the two projects; and
WHEREAS, PG&E has identified estimated costs of Thirty-One Thousand Eight Hundred Fifty-Five Dollars and Thirty-Two Cents ($31,855.32) for Project No. FLEET005109591 and Forty-Four Thousand Nine Hundred Thirty Dollars and Fifty-Eight Cents ($44,930.58) for Project No. FLEET005111982, for a combined estimated cost of Seventy-Six Thousand Seven Hundred Eighty-Five Dollars and Ninety Cents ($76,785.90); and
WHEREAS, Finance staff has determined that the termination costs should be paid from the General Fund (Account string 01231031-400293) and that up to Eighty Thousand Dollars ($80,000) will be absorbed within the existing Public Works General Fund budget; and 332
Reso. No. _____

Page 2 of 2 ends

WHEREAS, after considering the estimated termination costs against the substantially greater additional investment required to complete the projects, staff recommends that the City discontinue the two projects rather than commit additional City resources without an identified funding source.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond by the City Council of the City of Richmond that the City's participation in Pacific Gas and Electric Company's EV Fleet Electrification Program for Project No. FLEET005109591 at 3230 Macdonald Avenue and Project No. FLEET005111982 at 2500 Barrett Avenue is hereby terminated.

BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute any notices of termination, closeout documents, acknowledgments, or other documents necessary to discontinue the City's participation and fully close out Project Nos. FLEET005109591 and FLEET005111982.
******************
***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW**** I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on Mmmm dd, yyyy, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

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

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
333

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October 20, 2026
Public Works
DATE: October 20, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Darin Fitzpatrick, Assistant Deputy Director of Public
Works, Operations & Maintenance
Carlos Castro, Streets Superintendent
Subject: Contracts with Herc Rentals Inc., Cresco Equipment Rentals, United Rentals, and Sunbelt Rentals for On-Call Equipment Rental Services
FINANCIAL IMPACT: The proposed contracts with Herc Rentals Inc., Cresco Equipment Rentals, United Rentals, and Sunbelt Rentals
will be funded through approved departmental operating
budgets based on equipment rental needs and available
appropriations. Each contract will have an initial threeyear term not to exceed $300,000, with two optional oneyear extensions of $100,000 each, for a maximum of $500,000 per vendor and $2,000,000 across all four
vendors over five years. Expenditures will be charged to the Public Works operating budget (Account String:
01234431 400645 01A05) and other applicable accounts.

Future expenditures are subject to City Council budget
appropriations.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City of Richmond requires access to a broad range
of rental equipment to support Public Works operations
and other City departments. Equipment rentals are
necessary to supplement City-owned equipment during
scheduled projects, equipment downtime, emergency
response activities, seasonal workloads, special projects, and circumstances requiring specialized equipment that
is not practical or cost-effective for the City to purchase and maintain.

AGENDA
REPORT
334

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October 20, 2026
Following review of the proposals, City staff recommend awarding contracts to Herc Rentals Inc., Cresco
Equipment Rentals, United Rentals, and Sunbelt Rentals
to expand equipment availability, provide flexibility, and maintain competitive rental rates.

RECOMMENDED ACTION: APPROVE contracts with Herc Rentals Inc., Cresco Equipment Rentals, United Rentals, and Sunbelt Rentals
for on-call equipment rental services, each for an initial three-year term in an amount not-to-exceed $300,000
($100,000 annually), with the option to extend each
contract for two (2) additional one-year terms in an
amount not-to-exceed $100,000 annually, resulting in
maximum contract authority not-to-exceed $500,000 per
vendor and an aggregate maximum authority not-toexceed $2,000,000 for all four contracts over the potential five-year term; and AUTHORIZE the City
Manager or designee to execute the contracts, exercise
the option years, and execute amendments or related
documents necessary to administer the contracts,
provided such actions do not exceed the total contract
authority approved herein – Public Works Department. –
(Daniel Chavarria 510-620-5478/Darin Fitzpatrick 510-
231-3044).

DISCUSSION:

The City of Richmond operates and maintains a wide range of vehicles, construction equipment, landscape equipment, maintenance equipment, and specialized machinery necessary to support municipal operations.

Although the City owns and maintains a substantial equipment fleet, operational circumstances routinely require temporary access to equipment beyond the City's existing inventory. These circumstances include equipment breakdowns and extended repairs, emergency response and recovery activities, seasonal workloads, paving and street maintenance activities, vegetation management, facility maintenance, illegal dumping and abatement operations, special projects, and temporary requirements for specialized equipment.

Maintaining every potential type and size of equipment within the City's permanent fleet would not be operationally or financially practical. On-call equipment rental contracts allow the City to obtain equipment only when needed while avoiding the capital acquisition, storage, maintenance, depreciation, and replacement costs associated with maintaining infrequently used specialized equipment.

Competitive Solicitation
335

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October 20, 2026
On July 31, 2026, the City issued an RFP for On-Call Equipment Rental Services through the City's electronic procurement system (Attachment 1).

The RFP established the following procurement schedule:

Procurement Milestone Date
RFP Released July 31, 2026
Deadline for Questions August 11, 2026, at 3:00 p.m.

Proposals Due August 25, 2026, at 2:00 p.m.

The City's solicitation summary identifies 74 vendors as having been notified of the procurement opportunity (Attachment 2).

The RFP provided that the City could award contracts to one or multiple vendors and that no minimum quantity of work would be guaranteed. This procurement structure was specifically intended to provide the City with flexibility to establish a pool of qualified equipment rental companies capable of meeting varying operational needs.

The RFP sought qualified vendors capable of providing a broad range of equipment, vehicles, attachments, accessories, transportation, and related rental services on an asneeded basis. Equipment categories included earthmoving equipment, aerial lifts, material handling equipment, compaction equipment, trucks and trailers, utility vehicles, power generation and compressors, concrete and asphalt equipment, traffic control equipment, landscape and forestry equipment, pumps, and specialty equipment.

Recommended Vendors
Following review of the proposals, staff determined that contracts with Herc Rentals Inc., Cresco Equipment Rentals, United Rentals, and Sunbelt Rentals will provide the City with a complementary combination of competitive pricing, equipment availability, inventory depth, delivery and service capabilities, and operational flexibility (Attachments 3 through 7).

The proposals demonstrate that pricing and equipment availability vary considerably between vendors and equipment categories. Individual vendors may offer more favorable rates or greater availability for certain equipment while another vendor may provide a better option for a different equipment category, size, attachment, or rental duration.

The purpose of awarding four contracts is not to divide rental expenditures equally among the vendors. Rather, the contracts establish a competitively procured pool of qualified equipment rental providers from which the City can obtain equipment based on its actual needs.

For individual rental requirements, staff may consider equipment availability; daily, weekly, or monthly rental rates; equipment size and configuration; delivery and pickup 336

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October 20, 2026
costs; required attachments; location and delivery timeframe; emergency response requirements; and overall cost and operational suitability.

This approach provides the City with increased competition at the individual rental level while also reducing dependence on any single rental provider.

Contract Term and Authority
Each contract will have an initial three-year term with two optional one-year extensions.

City staff recommend contract authority of $100,000 annually for each vendor, resulting in an initial three-year not-to-exceed amount of $300,000 per vendor (Attachments 8 through 11).

If the City exercises optional one-year extensions, each extension will provide additional contract authority not-to-exceed (NTE) $100,000 per vendor. The maximum potential contract authority is therefore:

Vendor Annual
NTE
Initial 3-Year
NTE
Two Optional
Years
Maximum 5-Year
NTE
Herc Rentals Inc. $100,000 $300,000 $200,000 $500,000
Cresco Equipment
Rentals $100,000 $300,000 $200,000 $500,000
United Rentals $100,000 $300,000 $200,000 $500,000
Sunbelt Rentals $100,000 $300,000 $200,000 $500,000
TOTAL $400,000 $1,200,000 $800,000 $2,000,000
These amounts represent maximum contract authority and do not constitute a commitment to expend the full amount with any vendor. The four contracts establish a competitively procured pool of qualified equipment rental providers and are not intended to divide or guarantee expenditures equally among the vendors.

No minimum amount of work or expenditure is guaranteed to any vendor. Actual rentals will be based on the City's operational requirements, equipment availability, pricing, delivery requirements, equipment configuration, and other applicable considerations and will remain subject to available budget appropriations. City staff recommend adopt a resolution to approve contracts with Herc Rentals Inc., Cresco Equipment Rentals, United Rentals, and Sunbelt Rentals to provide the City with a flexible, competitively procured pool of equipment rental providers capable of supporting routine, specialized, and emergency operational needs (Attachment 12).

DOCUMENTS ATTACHED:

Attachment 1 – Request for Proposals – On-Call Equipment Rental Services Attachment 2 – Solicitation Summary
Attachment 3 – Herc Rentals Inc. Proposal
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Attachment 4 – Cresco Equipment Rentals Proposal
Attachment 5 – United Rentals Proposal
Attachment 6 – Sunbelt Rentals Proposal and Pricing
Attachment 7 – Bid Ranking Sheets
Attachment 8 – Herc Rentals Inc. Contract
Attachment 9 – Sunbelt Rentals Contract
Attachment 10 – United Rentals Contract
Attachment 11 – Cresco Equipment Rentals Contract
Attachment 12 – Resolution
338

CITY OF RICHMOND

REQUEST FOR PROPOSALS

ON-CALL EQUIPMENT RENTAL SERVICES

1. PURPOSE
The City of Richmond is soliciting proposals from qualified equipment rental firms to provide on-call equipment rental services for Public Works and other City departments.

Services shall be provided on an as-needed basis. No minimum quantity of work is guaranteed. The City reserves the right to award contracts to one or multiple vendors.

2. SCOPE OF WORK
The Contractor shall furnish equipment, vehicles, attachments, accessories, transportation, and related services necessary to support City operations. Equipment shall be delivered in safe, clean, fully operational condition and shall comply with all applicable OSHA, CARB, EPA, and California regulations.

Rental services include, but are not limited to:
• Earthmoving equipment
• Aerial lifts
• Material handling equipment
• Compaction equipment
• Trucks and trailers
• Utility vehicles
• Power generation and compressors
• Concrete and asphalt equipment
• Traffic control equipment
• Landscape and forestry equipment
• Pumps and miscellaneous specialty equipment
This contract is intended for on-call use only and shall not be interpreted as scheduled or guaranteed work.

3. CONTRACT REQUIREMENTS
• Initial three (3) year term with two (2) one-year renewal options. • City may award to one or multiple vendors.
• City reserves the right to obtain rentals from non-contract vendors when equipment is unavailable or emergency circumstances require.
• Pricing shall remain firm during the initial term unless otherwise approved by the City. 339

4. PERFORMANCE STANDARDS
• Routine delivery within 24 hours.
• Emergency delivery within 4 hours whenever reasonably available. • Equipment shall arrive fueled, serviced, inspected, and ready for immediate use. • Replacement equipment shall be provided within 24 hours for breakdowns not caused by the City.
• Contractor shall maintain qualified service personnel.

5. EQUIPMENT STANDARDS
All equipment shall:
• Meet current CARB requirements.
• Meet OSHA safety standards.
• Be maintained in accordance with manufacturer recommendations. • Include required safety devices, manuals, and decals. • Be free from excessive leaks, damage, or unsafe conditions.

6. ORDERING PROCEDURES
The City will issue purchase orders or other authorized requests. The Contractor shall provide confirmation of equipment availability, estimated delivery time, and rental rates prior to delivery.

7. EVALUATION
The City may evaluate proposals based upon:
• Pricing
• Equipment availability
• Local support
• Response time
• Experience
• References
• Fleet condition
• Ability to provide emergency services

8. BID SCHEDULE
Complete the pricing table below. Prices shall include normal maintenance. Transportation, fuel, environmental fees, and damage waivers shall be identified separately.

Equipment
Category
Description Daily Weekly Monthly
340
Mini Excavator 3,000–8,000 lb
Mid Excavator 12,000–20,000
lb
Large
Excavator
20,000+ lb
Skid Steer Wheeled
Backhoe Loader Standard
Wheel Loader 1–3 CY
Smooth Drum
Roller
Compaction
Padfoot Roller Compaction
Water Truck 2,000–4,000 gal
10-Wheel
Dump Truck
Flatbed/Stake
Bed
Pickup 1/2 Ton
Pickup 3/4 Ton
Pickup 1 Ton
Cargo Van
Forklift 5,000 lb
Telehandler 6K–10K
Scissor Lift Electric
Boom Lift 40 ft
Boom Lift 60 ft
Air Compressor Portable
Generator Portable
Light Tower LED
341
Wood Chipper Tow Behind
Stump Grinder
Pressure
Washer
Trailer
Mounted
Concrete Saw Walk Behind
Trencher Ride-On
Street Sweeper Mechanical
Street Sweeper Vacuum
Vacuum
Excavator
Hydro Vac
Message Board Portable
Arrow Board Trailer
Mounted

9. SEPARATE PRICING
Item Rate
Delivery
Pickup
Emergency Delivery
After-hours Delivery
342
City of Richmond
ON-CALL EQUIPMENT RENTAL SERVICES, bidding on 08/25/2026 2:00 PM (PDT)

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Herc Rentals
27500 Riverview Center Blvd
Bonita Springs, FL 34134
HercRentals.com
August 24th, 2026
City of Richmond – Public Works
450 Civic Center Plaza
Richmond, CA 94804
RE: The City of Richmond – On-call Equipment Rental Services - To Whom it May Concern,
Thank you for giving Herc Rentals the opportunity to provide information regarding the abovementioned Bid.

Enclosed for your review are the following:
• One (1) Original Bid Proposal
If there are any questions, please do not hesitate to reach out to Brian Berkley directly at (360) 628-9709 or [email protected]. You may also contact me directly at (239) 301- 1487 or [email protected]/[email protected].

Best,
Lexi Proffitt
Sales Operations Analyst
357
Herc Rentals
27500 Riverview Center Blvd
Bonita Springs, FL 34134
HercRentals.com

1. Company information
Herc Rentals Inc.
27500 Riverview Center Blvd,
Bonita Springs, FL 34134
P: (239) 301-1344
E: [email protected]

2. Completed pricing schedule
Complete the pricing table below. Prices shall include normal maintenance.

Transportation, fuel, environmental fees, and damage waivers shall be identified separately.

Equipment
Category
Description Daily Weekly Monthly
Mini Excavator 3,000–8,000
lb
$339.00 $917.00 $2009.00
Mid Excavator 12,000–
20,000 lb
$578.00 $1516.00 $3917.00
Large
Excavator
20,000+ lb $901.00 $2337.00 $6360.00
Skid Steer Wheeled $281.00 $684.00 $1797.00
Backhoe
Loader
Standard $403.00 $1049.00 $2412.00
Wheel Loader 1–3 CY $844.00 $2279.00 $6201.00
Smooth Drum
Roller
Compaction $233.00 $663.00 $1696.00
Padfoot Roller Compaction $774.00 $2025.00 $4212.00
Water Truck 2,000–4,000
gal
$742.00 $2343.00 $5406.00
358
Herc Rentals
27500 Riverview Center Blvd
Bonita Springs, FL 34134
HercRentals.com
10-Wheel
Dump Truck
No Bid No Bid No Bid
Flatbed/Stake
Bed
$451.00 $1367.00 $3758.00
Pickup 1/2 Ton $159.00 $620.00 $1573.00
Pickup 3/4 Ton $201.00 $710.00 $1822.00
Pickup 1 Ton $254.00 $906.00 $1978.00
Cargo Van $148.00 $668.00 $2221.00
Forklift 5,000 lb $239.00 $594.00 $1405.00
Telehandler 6K–10K $641.00 $1749.00 $3975.00
Scissor Lift Electric $138.00 $270.00 $472.00
Boom Lift 40 ft $403.00 $875.00 $2115.00
Boom Lift 60 ft $610.00 $1442.00 $3175.00
Air
Compressor
Portable $170.00 $366.00 $843.00
Generator Portable $244.00 $541.00 $1299.00
Light Tower LED $170.00 $366.00 $843.00
Wood Chipper Tow Behind $541.00 $1362.00 $3445.00
Stump
Grinder
Tow Behind $297.00 $800.00 $1935.00
Pressure
Washer
Trailer
Mounted
$345.00 $843.00 $1797.00
Concrete Saw Walk Behind $350.00 $965.00 $2173.00
Trencher Ride-On $461.00 $1145.00 $2539.00
Street
Sweeper
Mechanical $366.00 $912.00 $2173.00
359
Herc Rentals
27500 Riverview Center Blvd
Bonita Springs, FL 34134
HercRentals.com
Street
Sweeper
Vacuum No Bid No Bid No Bid
Vacuum
Excavator
Hydro Vac No Bid No Bid No Bid
Message
Board
Portable $228.00 $742.00 $1283.00
Arrow Board Trailer
Mounted
$154.00 $445.00 $790.00

9. SEPARATE PRICING
Item Rate
Delivery $125 Per Hour Per Truckload
Pickup $125 Per Hour Per Truckload
Emergency Delivery $250 Per Hour Per Truckload
After-hours Delivery $250 Per Hour Per Truckload

3. Equipment inventory and availability
Herc can guarantee equipment availability after acceptance of a PO. If equipment is not available locally at the time of the request, Herc can bring in equipment from a neighboring market or branch through fleet pooling. Neighboring branches or regions can view inventories and existing reservations improving equipment forecasting and equipment availability.

4. Local support and service capabilities
Herc Rentals has 612 locations in the United States. All Herc locations have full services capabilities, including mechanics and technicians providing maintenance or repair on equipment.

Each of our branches can readily draw upon the nationwide fleet pool to satisfy the City of Richmond needs in the event of an emergency or change in scope. Neighboring branches can view inventories and existing reservations, improving equipment forecasting and equipment availability. Through fleet pooling Herc can move its equipment from branch to 360
Herc Rentals
27500 Riverview Center Blvd
Bonita Springs, FL 34134
HercRentals.com
branch, market to market, or anywhere across the US to support the City of Richmond projects. Herc is a 24/7 operations provider, and as incremental scope levels increase for critical projects, Herc will embed additional resources to ensure equipment flow remains best in class.

5. Routine delivery and response plan
Herc Rentals operates one of the largest equipment delivery and service fleets in North America, ensuring safe, reliable, and on-time delivery. Our dedicated transportation fleet can meet a wide range of equipment delivery needs, and customers can track deliveries in real time from dispatch to job site arrival.

For equipment that becomes inoperable, Herc Rentals typically responds within a few hours.

A representative will promptly contact the City of Richmond, assess the issue, and coordinate the appropriate service response. We maintain 24/7 support resources and understand that minimizing downtime is critical to operations.

If equipment cannot be repaired within a reasonable timeframe, Herc Rentals will provide a replacement unit of equal or greater capacity to help keep work on schedule. Emergency response is available regardless of the rental duration.

6. Experience, qualifications, and references
Herc Rentals Inc. is a premier, full-service equipment rental firm - providing our customers the equipment, services and solutions they need to achieve optimal performance safely, efficiently and effectively. With more than 60 years of equipment rental expertise, approximately 10,000 employees and over 612 company-operated locations primarily in the United States and Canada, Herc Rentals serves a broad range of customer markets, including large and small companies in construction; industrial customers such as large industrial manufacturing plants, refineries and petrochemical operations; and other customers such as governmental entities and government contractors, disaster recovery and remediation firms, infrastructure, railroads , utility operators, individual homeowners, entertainment production companies, agricultural producers, special event management and facility management firms.

A pioneer of the equipment rental industry, Herc Rentals continues to evolve and grow through technological innovations, expanded product offerings and value-added services and consultative solutions to support its customers’ projects. Our vision to be the supplier, employer and investment of choice in our industry frames everything we do:
361
Herc Rentals
27500 Riverview Center Blvd
Bonita Springs, FL 34134
HercRentals.com
- We strive to have the best and broadest selection of premium rental equipment available and ready when our customers need it, ensuring it performs as promised and providing unsurpassed customer service at every opportunity.
- We continuously seek to create a supportive, inclusive and collaborative work environment that offers excellent career opportunities, along with training and tools to enable our employees’ success.
- And, with our Herc Holdings Inc. parent entity trading on the New York Stock Exchange as “HRI,” we are focused on performing as a top-tier business ― operationally and financially ― and continuously earning investors’ confidence in our team.

References:

1. Rick Thomas
Atlantic County Utilities Authority
(p) 609-272-6904
[email protected]
Ongoing Bare Equipment Rental Services

2. Thomas Bartowski
New York City OEM
(p) 646-596-3179
[email protected]
Ongoing Bare Equipment Rental Services

3. Angel Birriel
Florida Department of Transportation
(850) 410-5517
[email protected]
Ongoing Equipment Rental Services

7. Emergency-service plan
Herc Rentals staffed emergency service available 24 hours a day, 7 days a week. 362
Herc Rentals
27500 Riverview Center Blvd
Bonita Springs, FL 34134
HercRentals.com
All Herc Rentals locations are available 24 hours a day, seven days a week. When an express, rush, or emergency delivery is required, Herc Rentals staff is ready to respond and all resources will be utilized to fill the City of Richmond’s needs. In an emergency situation, initial phone call will be responded to and Herc Rentals’ capabilities communicated. If Herc Rentals cannot accommodate the delivery time requested, Herc Rentals will notify the City of Richmond so that the project team can plan accordingly. Equipment will be provided immediately or within 24 hours, depending on the type and quantity of equipment. If equipment is not available at the time of rental, Herc Rentals will pool through its fleet inventory and see if one of its neighboring branches has the specific piece of equipment available. Equipment can be provided through a 3rd party supplier if necessary. The City of Richmond authorization is needed prior to a re-rental.

Herc Rentals is experienced in servicing customers whose environment is extremely time critical, and we are prepared to employ every resource available to us to support the City of Richmond.

8. Exceptions to the RFP or contract
Herc proposes limited revisions Section 11. Hold Harmless of the contract. Herc accepts the overall intent of the provision but requests the attached redlined changes to clarify responsibilities and better reflect industry-standard risk allocation. All remaining language in the section is accepted as written.
363

10. BID SCHEDULE
Complete the pricing table below. Prices shall include normal maintenance. Transportation, fuel, environmental fees, and damage waivers shall be identified separately.

Equipment
Category
Description Daily Weekly Monthly
Mini Excavator 3,000–8,000 lb $300 $875 $1,900
Mid Excavator 12,000–20,000 lb $500 $1,550 $3,600
Large
Excavator
20,000+ lb $700 $2,100 $5,000
Skid Steer Wheeled $300 $875 $1,750
Backhoe Loader Standard $350 $950 $2,000
Wheel Loader 1–3 CY $575 $1,525 $3,300
Smooth Drum
Roller
Compaction $270 $745 $1,875
Padfoot Roller Compaction $470 $1,575 $3,725
Water Truck 2,000–4,000 gal $385 $1,225 $2,475
10-Wheel
Dump Truck
$625 $2,000 $4,500
Flatbed/Stake
Bed
$100 $400 $950
Pickup 1/2 Ton $95 $400 $850
Pickup 3/4 Ton $95 $400 $850
Pickup 1 Ton n/a n/a n/a
Cargo Van n/a n/a n/a
Forklift 5,000 lb $200 $500 $975
Telehandler 6K–10K $380 $1,000 $2,100
Scissor Lift Electric $110 $225 $305
Boom Lift 40 ft $300 $725 $1650
Boom Lift 60 ft $400 $925 $2,200
Air Compressor Portable $170 $375 $650
364
Generator Portable $50 $100 $300
Light Tower LED $110 $275 $495
Wood Chipper Tow Behind $200 $500 $1,200
Stump Grinder Tow Behind $125 $300 $600
Pressure
Washer
Trailer Mounted $150 $350 $700
Concrete Saw Walk Behind $100 $250 $550
Trencher Ride-On $150 $450 $1,400
Street Sweeper Mechanical $315 $825 $1,725
Street Sweeper Vacuum $325 $875 $2,800
Vacuum
Excavator
Hydro Vac $525 $1,650 $3,800
Message Board Portable $175 $575 $1,025
Arrow Board Trailer Mounted $115 $300 $515

9. SEPARATE PRICING
Item Rate
Delivery $95
Pickup $95
Emergency Delivery $0
After-hours Delivery $0
365

BID SCHEDULE
Equipment Category Description Daily Weekly Monthly
Mini Excavator 3000-3999# $ 303 $ 784 $ 2,033
Mini Excavator 4000-4999# $ 332 $ 866 $ 2,174
Mini Excavator 6000-6799# $ 320 $ 868 $ 2,142
Mini Excavator 7400-9199# $ 364 $ 990 $ 2,347
Mid Excavator 10000-14000# $ 419 $ 1,195 $ 2,796
Mid Excavator 14001-19999# $ 525 $ 1,467 $ 3,549
Large Excavator 25000-29999# $ 847 $ 2,132 $ 5,308
Large Excavator 30000-34999# $ 848 $ 2,136 $ 5,379
Large Excavator 70000-84999# $ 1,100 $ 3,539 $ 10,787
Skid Steer 601-850# $ 249 $ 532 $ 1,724
Skid Steer 1700-1899# $ 311 $ 857 $ 1,858
Skid Steer 2000-2399# $ 309 $ 855 $ 2,666
Backhoe Loader Standard $ 402 $ 1,088 $ 2,551
Wheel Loader 3.0-3.4 CY $ 537 $ 1,574 $ 4,661
Smooth Drum Roller 1.5 Ton Double Drum $ 357 $ 934 $ 2,484 Smooth Drum Roller 61-70" Single Drum $ 549 $ 1,507 $ 3,837 Padfoot Roller 61-70" Single Drum $ 549 $ 1,507 $ 3,837 Water Truck 2,000 gal $ 423 $ 1,377 $ 3,369
Water Truck 4,000 gal $ 815 $ 2,341 $ 5,602
10-Wheel Dump Truck 10-14 YARD $ 591 $ 2,100 $ 5,440
Flatbed/Stake Bed Truck Stake 12' $ 288 $ 806 $ 2,581
Pickup 1/2 Ton $ 250 $ 764 $ 1,529
Pickup 3/4 Ton $ 209 $ 601 $ 1,604
Pickup 1 Ton No Bid No Bid No Bid
Cargo Van No Bid No Bid No Bid
Forklift 5,000 lb $ 235 $ 618 $ 1,405
Telehandler 6K $ 453 $ 1,117 $ 2,384
Telehandler 8K $ 501 $ 1,180 $ 2,721
Telehandler 10K $ 712 $ 1,917 $ 4,077
Scissor Lift, Electric 19' $ 136 $ 299 $ 524
Scissor Lift, Electric 26' $ 168 $ 347 $ 861
Scissor Lift, Electric 32' $ 186 $ 432 $ 1,078
Boom Lift, Straight 40 ft $ 357 $ 919 $ 2,122
Boom Lift, Straight 60 ft $ 506 $ 1,273 $ 3,111
Air Compressor 185 CFM $ 182 $ 475 $ 991
Generator 2.0-2.4 KW $ 49 $ 156 $ 476
Generator 6.5-6.9 KW $ 94 $ 276 $ 730
Generator 19-29 KVA $ 252 $ 549 $ 1,333
Generator 50-59 KVA $ 259 $ 659 $ 2,128
Light Tower LED $ 164 $ 393 $ 796
Wood Chipper 12"-13" $ 346 $ 1,136 $ 2,968
Stump Grinder Tow Behind No Bid No Bid No Bid
366
Stump Grinder 20-30HP Hydraulic $ 259 $ 748 $ 1,711
Pressure Washer Trailer Mounted $ 436 $ 1,465 $ 3,349
Concrete Saw Walk Behind $ 132 $ 355 $ 847
Trencher Ride-On $ 413 $ 1,157 $ 2,707
Street Sweeper Mechanical No Bid No Bid No Bid
Street Sweeper Vacuum No Bid No Bid No Bid
Vacuum Excavator Vacuum Trailer 400-750 Gallon $505 $1,483 $3,766 Message Board Portable $184 $416 $1,279
Arrow Board Trailer Mounted $126 $362 $760

SEPARATE PRICING
Item Rate
Delivery $ 195.00
Pickup $ 195.00
Emergency Delivery $ 295.00
After-hours Delivery $ 495.00
367
CC
907-0035
907-0045
907-0062
907-0085
907-0100
907-0114
905-1015
905-1030
905-1150
903-0015
903-0071
903-0580
902-1100
904-2030
160-2620
160-2445
160-2440
953-2225
953-2227
952-7075
952-2120
950-2245
950-2275
N/A
N/A
231-1209
233-1170
233-1370
233-1650
300-2000
300-2515
300-2999
310-4026
310-6005
100-3186
240-2981
240-3061
240-3132
240-3167
320-4002
290-4450
N/A
368
290-4960
350-3060
625-7250
930-1350
N/A
N/A
953-2370
551-2055
551-1007
369
Equipment Category Description Daily Weekly
Mini Excavator 3,000–8,000 lb 312 827
Mid Excavator 12,000–20,000 lb 450 1096
Large Excavator 20,000+ lb 540 1495
Skid Steer Wheeled 269 753
Backhoe Loader Standard 365 867
Wheel Loader 1–3 CY 319 968
Smooth Drum Roller Compaction 270 995
Padfoot Roller Compaction 460 1352
Water Truck 2,000–4,000 gal 434 1222
10-Wheel Dump Truck 1291 3228
Flatbed/Stake Bed NA NA
Pickup 1/2 Ton 169 366
Pickup 3/4 Ton NA 735
Pickup 1 Ton NA NA
Cargo Van NA NA
Forklift 5,000 lb 260 1005
Telehandler 6K–10K 567 1454
Scissor Lift Electric 145 263
Boom Lift 40 ft 320 1565
Boom Lift 60 ft 510 2065
Air Compressor Portable 154 625
Generator Portable 569 1437
Light Tower LED 125 285
Wood Chipper Tow Behind 570 2185
Stump Grinder Tow Behind 287 771
Pressure Washer Trailer Mounted 97 287
Concrete Saw Walk Behind 104 294
Trencher Ride-On 399 1058
Street Sweeper Mechanical 1385 4155
Street Sweeper Vacuum 1255 4500
Vacuum Excavator Hydro Vac 650 1940
Message Board Portable 290 715
Arrow Board Trailer Mounted 49 125
Item Rate
Delivery $95
Pickup $95
Emergency Delivery $125 per hour
After-hours Delivery $300 open fee + $185hr Hauler
fee
If hauler is needed $185hr
All other Sunbelt Rentals portfolio equipment will be offered at a not-to-exceed discount of 5% off t rate, and 12% off the monthly rate from the published book rate. 370
Monthly CAT -CLASS
1818 35-140
2493 035-0156
3211 035-0180
1925 048-400
2101 53-310
2472 057-003
1650 22-120
3205 022-0270
2850 111-0031
8070 067-1014
NA
1239 111-2160
1838 111-2170
NA
NA
1495 55-220
3099 056-0620
602 007-25
2055 58-424
2769 58-624
1016 001-0030
3320 009-0100
611 12-0405
3607 039-60
1566 039-0075
582 016-0210
687 020-0310
2487 037-0040
12,464 040-0060
10640 111-1250
5495 038-1008
2145 013-0010
370 013-0005
only available for 3 month plus rental
only available for 3 month plus rental
the daily rate, 10% off the weekly
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372
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CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Public Works Carlos Castro [email protected] (510) 231-3083 Approve a Contract with Herc Rentals Inc.

Herc Rentals 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Brian Berkley (360) 628-9709 [email protected] October 20, 2026 October 20, 2029 300,000.00 375

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
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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]:

Herc Rentals
See attached below.
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Bonita Springs, FL 34134
HercRentals.com
August 24th, 2026
City of Richmond – Public Works
450 Civic Center Plaza
Richmond, CA 94804
RE: The City of Richmond – On-call Equipment Rental Services - To Whom it May Concern,
Thank you for giving Herc Rentals the opportunity to provide information regarding the abovementioned Bid.

Enclosed for your review are the following:
• One (1) Original Bid Proposal
If there are any questions, please do not hesitate to reach out to Brian Berkley directly at (360) 628-9709 or [email protected]. You may also contact me directly at (239) 301- 1487 or [email protected]/[email protected].

Best,
Lexi Proffitt
Sales Operations Analyst
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27500 Riverview Center Blvd
Bonita Springs, FL 34134
HercRentals.com

1. Company information
Herc Rentals Inc.
27500 Riverview Center Blvd,
Bonita Springs, FL 34134
P: (239) 301-1344
E: [email protected]

2. Completed pricing schedule
Complete the pricing table below. Prices shall include normal maintenance.

Transportation, fuel, environmental fees, and damage waivers shall be identified separately.

Equipment
Category
Description Daily Weekly Monthly
Mini Excavator 3,000–8,000
lb
$339.00 $917.00 $2009.00
Mid Excavator 12,000–
20,000 lb
$578.00 $1516.00 $3917.00
Large
Excavator
20,000+ lb $901.00 $2337.00 $6360.00
Skid Steer Wheeled $281.00 $684.00 $1797.00
Backhoe
Loader
Standard $403.00 $1049.00 $2412.00
Wheel Loader 1–3 CY $844.00 $2279.00 $6201.00
Smooth Drum
Roller
Compaction $233.00 $663.00 $1696.00
Padfoot Roller Compaction $774.00 $2025.00 $4212.00
Water Truck 2,000–4,000
gal
$742.00 $2343.00 $5406.00
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10-Wheel
Dump Truck
No Bid No Bid No Bid
Flatbed/Stake
Bed
$451.00 $1367.00 $3758.00
Pickup 1/2 Ton $159.00 $620.00 $1573.00
Pickup 3/4 Ton $201.00 $710.00 $1822.00
Pickup 1 Ton $254.00 $906.00 $1978.00
Cargo Van $148.00 $668.00 $2221.00
Forklift 5,000 lb $239.00 $594.00 $1405.00
Telehandler 6K–10K $641.00 $1749.00 $3975.00
Scissor Lift Electric $138.00 $270.00 $472.00
Boom Lift 40 ft $403.00 $875.00 $2115.00
Boom Lift 60 ft $610.00 $1442.00 $3175.00
Air
Compressor
Portable $170.00 $366.00 $843.00
Generator Portable $244.00 $541.00 $1299.00
Light Tower LED $170.00 $366.00 $843.00
Wood Chipper Tow Behind $541.00 $1362.00 $3445.00
Stump
Grinder
Tow Behind $297.00 $800.00 $1935.00
Pressure
Washer
Trailer
Mounted
$345.00 $843.00 $1797.00
Concrete Saw Walk Behind $350.00 $965.00 $2173.00
Trencher Ride-On $461.00 $1145.00 $2539.00
Street
Sweeper
Mechanical $366.00 $912.00 $2173.00
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Street
Sweeper
Vacuum No Bid No Bid No Bid
Vacuum
Excavator
Hydro Vac No Bid No Bid No Bid
Message
Board
Portable $228.00 $742.00 $1283.00
Arrow Board Trailer
Mounted
$154.00 $445.00 $790.00

9. SEPARATE PRICING
Item Rate
Delivery $125 Per Hour Per Truckload
Pickup $125 Per Hour Per Truckload
Emergency Delivery $250 Per Hour Per Truckload
After-hours Delivery $250 Per Hour Per Truckload

3. Equipment inventory and availability
Herc can guarantee equipment availability after acceptance of a PO. If equipment is not available locally at the time of the request, Herc can bring in equipment from a neighboring market or branch through fleet pooling. Neighboring branches or regions can view inventories and existing reservations improving equipment forecasting and equipment availability.

4. Local support and service capabilities
Herc Rentals has 612 locations in the United States. All Herc locations have full services capabilities, including mechanics and technicians providing maintenance or repair on equipment.

Each of our branches can readily draw upon the nationwide fleet pool to satisfy the City of Richmond needs in the event of an emergency or change in scope. Neighboring branches can view inventories and existing reservations, improving equipment forecasting and equipment availability. Through fleet pooling Herc can move its equipment from branch to 381
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Bonita Springs, FL 34134
HercRentals.com
branch, market to market, or anywhere across the US to support the City of Richmond projects. Herc is a 24/7 operations provider, and as incremental scope levels increase for critical projects, Herc will embed additional resources to ensure equipment flow remains best in class.

5. Routine delivery and response plan
Herc Rentals operates one of the largest equipment delivery and service fleets in North America, ensuring safe, reliable, and on-time delivery. Our dedicated transportation fleet can meet a wide range of equipment delivery needs, and customers can track deliveries in real time from dispatch to job site arrival.

For equipment that becomes inoperable, Herc Rentals typically responds within a few hours.

A representative will promptly contact the City of Richmond, assess the issue, and coordinate the appropriate service response. We maintain 24/7 support resources and understand that minimizing downtime is critical to operations.

If equipment cannot be repaired within a reasonable timeframe, Herc Rentals will provide a replacement unit of equal or greater capacity to help keep work on schedule. Emergency response is available regardless of the rental duration.

6. Experience, qualifications, and references
Herc Rentals Inc. is a premier, full-service equipment rental firm - providing our customers the equipment, services and solutions they need to achieve optimal performance safely, efficiently and effectively. With more than 60 years of equipment rental expertise, approximately 10,000 employees and over 612 company-operated locations primarily in the United States and Canada, Herc Rentals serves a broad range of customer markets, including large and small companies in construction; industrial customers such as large industrial manufacturing plants, refineries and petrochemical operations; and other customers such as governmental entities and government contractors, disaster recovery and remediation firms, infrastructure, railroads , utility operators, individual homeowners, entertainment production companies, agricultural producers, special event management and facility management firms.

A pioneer of the equipment rental industry, Herc Rentals continues to evolve and grow through technological innovations, expanded product offerings and value-added services and consultative solutions to support its customers’ projects. Our vision to be the supplier, employer and investment of choice in our industry frames everything we do:
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- We strive to have the best and broadest selection of premium rental equipment available and ready when our customers need it, ensuring it performs as promised and providing unsurpassed customer service at every opportunity.
- We continuously seek to create a supportive, inclusive and collaborative work environment that offers excellent career opportunities, along with training and tools to enable our employees’ success.
- And, with our Herc Holdings Inc. parent entity trading on the New York Stock Exchange as “HRI,” we are focused on performing as a top-tier business ― operationally and financially ― and continuously earning investors’ confidence in our team.

References:

1. Rick Thomas
Atlantic County Utilities Authority
(p) 609-272-6904
[email protected]
Ongoing Bare Equipment Rental Services

2. Thomas Bartowski
New York City OEM
(p) 646-596-3179
[email protected]
Ongoing Bare Equipment Rental Services

3. Angel Birriel
Florida Department of Transportation
(850) 410-5517
[email protected]
Ongoing Equipment Rental Services

7. Emergency-service plan
Herc Rentals staffed emergency service available 24 hours a day, 7 days a week. 383
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Bonita Springs, FL 34134
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All Herc Rentals locations are available 24 hours a day, seven days a week. When an express, rush, or emergency delivery is required, Herc Rentals staff is ready to respond and all resources will be utilized to fill the City of Richmond’s needs. In an emergency situation, initial phone call will be responded to and Herc Rentals’ capabilities communicated. If Herc Rentals cannot accommodate the delivery time requested, Herc Rentals will notify the City of Richmond so that the project team can plan accordingly. Equipment will be provided immediately or within 24 hours, depending on the type and quantity of equipment. If equipment is not available at the time of rental, Herc Rentals will pool through its fleet inventory and see if one of its neighboring branches has the specific piece of equipment available. Equipment can be provided through a 3rd party supplier if necessary. The City of Richmond authorization is needed prior to a re-rental.

Herc Rentals is experienced in servicing customers whose environment is extremely time critical, and we are prepared to employ every resource available to us to support the City of Richmond.

8. Exceptions to the RFP or contract
Herc proposes limited revisions Section 11. Hold Harmless of the contract. Herc accepts the overall intent of the provision but requests the attached redlined changes to clarify responsibilities and better reflect industry-standard risk allocation. All remaining language in the section is accepted as written.
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EXHIBIT B

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

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

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

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

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

Carlos Castro Carlos Castro Herc Rentals
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Carlos Castro [email protected] Rentals Herc Rentals 27500 Riverview Center Blvd. Bonita Springs, FL 34134 [email protected] 386
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

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

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

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

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

8. PERMITS AND LICENSES:

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

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

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

10. CONFLICT OF INTEREST:

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

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

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

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

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

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

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

14. INSURANCE:

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

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

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

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

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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EXHIBIT E

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

Herc Rentals
NONE.
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EXHIBIT F

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

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

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

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

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

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

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

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

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

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

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

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. 399
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

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

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

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

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CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Public Works Carlos Castro [email protected] (510) 231-3083 Approve a Contract with Sunbelt Rentals
Sunbelt Rentals 1799 Innovation Pt. Fort Mill, South Carolina, 29715 Peggi Sawick (800) 389-0224 [email protected] October 20, 2026 October 20, 2029 300,000.00 404

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
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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]:

Sunbelt Rentals
See attached below.
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Equipment Category Description Daily Weekly
Mini Excavator 3,000–8,000 lb 312 827
Mid Excavator 12,000–20,000 lb 450 1096
Large Excavator 20,000+ lb 540 1495
Skid Steer Wheeled 269 753
Backhoe Loader Standard 365 867
Wheel Loader 1–3 CY 319 968
Smooth Drum Roller Compaction 270 995
Padfoot Roller Compaction 460 1352
Water Truck 2,000–4,000 gal 434 1222
10-Wheel Dump Truck 1291 3228
Flatbed/Stake Bed NA NA
Pickup 1/2 Ton 169 366
Pickup 3/4 Ton NA 735
Pickup 1 Ton NA NA
Cargo Van NA NA
Forklift 5,000 lb 260 1005
Telehandler 6K–10K 567 1454
Scissor Lift Electric 145 263
Boom Lift 40 ft 320 1565
Boom Lift 60 ft 510 2065
Air Compressor Portable 154 625
Generator Portable 569 1437
Light Tower LED 125 285
Wood Chipper Tow Behind 570 2185
Stump Grinder Tow Behind 287 771
Pressure Washer Trailer Mounted 97 287
Concrete Saw Walk Behind 104 294
Trencher Ride-On 399 1058
Street Sweeper Mechanical 1385 4155
Street Sweeper Vacuum 1255 4500
Vacuum Excavator Hydro Vac 650 1940
Message Board Portable 290 715
Arrow Board Trailer Mounted 49 125
Item Rate
Delivery $95
Pickup $95
Emergency Delivery $125 per hour
After-hours Delivery $300 open fee + $185hr Hauler
fee
If hauler is needed $185hr
All other Sunbelt Rentals portfolio equipment will be offered at a not-to-exceed discount of 5% off t rate, and 12% off the monthly rate from the published book rate. 407
Monthly CAT -CLASS
1818 35-140
2493 035-0156
3211 035-0180
1925 048-400
2101 53-310
2472 057-003
1650 22-120
3205 022-0270
2850 111-0031
8070 067-1014
NA
1239 111-2160
1838 111-2170
NA
NA
1495 55-220
3099 056-0620
602 007-25
2055 58-424
2769 58-624
1016 001-0030
3320 009-0100
611 12-0405
3607 039-60
1566 039-0075
582 016-0210
687 020-0310
2487 037-0040
12,464 040-0060
10640 111-1250
5495 038-1008
2145 013-0010
370 013-0005
only available for 3 month plus rental
only available for 3 month plus rental
the daily rate, 10% off the weekly
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EXHIBIT B

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

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

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

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

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

Carlos Castro Carlos Castro Sunbelt Rentals
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Carlos Castro [email protected] Rentals Sunbelt Rentals 1799 Innovation Pt. Fort Mill, South Carolina, 29715 [email protected] Peggi Sawick 410
Contract No: ________ For the Contract between the City of Richmond and
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

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

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

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

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

8. PERMITS AND LICENSES:

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

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

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

10. CONFLICT OF INTEREST:

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

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

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

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

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

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

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

14. INSURANCE:

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

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

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

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

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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EXHIBIT E

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

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EXHIBIT F

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

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

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

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

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

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

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

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

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

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

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

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. 423
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

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

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

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
424
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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Contract No: ________ For the Contract between the City of Richmond and
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
Sunbelt Rentals
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Contract No: ________ For the Contract between the City of Richmond and
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EXHIBIT G

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Sunbelt Rentals
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CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Public Works Carlos Castro [email protected] (510) 231-3083 Approve a Contract with United Rentals Inc
United Rentals (North America), Inc PO Box 05 1122 Los Angeles, CA 90074-1122 Sean O'Brien (877) 874-4468 [email protected] October 20, 2026 October 20, 2029 300,000.00 428

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
United Rentals (North America), Inc
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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]:

United Rentals (North America), Inc
See attached below.
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BID SCHEDULE
Equipment Category Description Daily Weekly Monthly
Mini Excavator 3000-3999# $ 303 $ 784 $ 2,033
Mini Excavator 4000-4999# $ 332 $ 866 $ 2,174
Mini Excavator 6000-6799# $ 320 $ 868 $ 2,142
Mini Excavator 7400-9199# $ 364 $ 990 $ 2,347
Mid Excavator 10000-14000# $ 419 $ 1,195 $ 2,796
Mid Excavator 14001-19999# $ 525 $ 1,467 $ 3,549
Large Excavator 25000-29999# $ 847 $ 2,132 $ 5,308
Large Excavator 30000-34999# $ 848 $ 2,136 $ 5,379
Large Excavator 70000-84999# $ 1,100 $ 3,539 $ 10,787
Skid Steer 601-850# $ 249 $ 532 $ 1,724
Skid Steer 1700-1899# $ 311 $ 857 $ 1,858
Skid Steer 2000-2399# $ 309 $ 855 $ 2,666
Backhoe Loader Standard $ 402 $ 1,088 $ 2,551
Wheel Loader 3.0-3.4 CY $ 537 $ 1,574 $ 4,661
Smooth Drum Roller 1.5 Ton Double Drum $ 357 $ 934 $ 2,484 Smooth Drum Roller 61-70" Single Drum $ 549 $ 1,507 $ 3,837 Padfoot Roller 61-70" Single Drum $ 549 $ 1,507 $ 3,837 Water Truck 2,000 gal $ 423 $ 1,377 $ 3,369
Water Truck 4,000 gal $ 815 $ 2,341 $ 5,602
10-Wheel Dump Truck 10-14 YARD $ 591 $ 2,100 $ 5,440
Flatbed/Stake Bed Truck Stake 12' $ 288 $ 806 $ 2,581
Pickup 1/2 Ton $ 250 $ 764 $ 1,529
Pickup 3/4 Ton $ 209 $ 601 $ 1,604
Pickup 1 Ton No Bid No Bid No Bid
Cargo Van No Bid No Bid No Bid
Forklift 5,000 lb $ 235 $ 618 $ 1,405
Telehandler 6K $ 453 $ 1,117 $ 2,384
Telehandler 8K $ 501 $ 1,180 $ 2,721
Telehandler 10K $ 712 $ 1,917 $ 4,077
Scissor Lift, Electric 19' $ 136 $ 299 $ 524
Scissor Lift, Electric 26' $ 168 $ 347 $ 861
Scissor Lift, Electric 32' $ 186 $ 432 $ 1,078
Boom Lift, Straight 40 ft $ 357 $ 919 $ 2,122
Boom Lift, Straight 60 ft $ 506 $ 1,273 $ 3,111
Air Compressor 185 CFM $ 182 $ 475 $ 991
Generator 2.0-2.4 KW $ 49 $ 156 $ 476
Generator 6.5-6.9 KW $ 94 $ 276 $ 730
Generator 19-29 KVA $ 252 $ 549 $ 1,333
Generator 50-59 KVA $ 259 $ 659 $ 2,128
Light Tower LED $ 164 $ 393 $ 796
Wood Chipper 12"-13" $ 346 $ 1,136 $ 2,968
Stump Grinder Tow Behind No Bid No Bid No Bid
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Stump Grinder 20-30HP Hydraulic $ 259 $ 748 $ 1,711
Pressure Washer Trailer Mounted $ 436 $ 1,465 $ 3,349
Concrete Saw Walk Behind $ 132 $ 355 $ 847
Trencher Ride-On $ 413 $ 1,157 $ 2,707
Street Sweeper Mechanical No Bid No Bid No Bid
Street Sweeper Vacuum No Bid No Bid No Bid
Vacuum Excavator Vacuum Trailer 400-750 Gallon $505 $1,483 $3,766 Message Board Portable $184 $416 $1,279
Arrow Board Trailer Mounted $126 $362 $760

SEPARATE PRICING
Item Rate
Delivery $ 195.00
Pickup $ 195.00
Emergency Delivery $ 295.00
After-hours Delivery $ 495.00
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CC
907-0035
907-0045
907-0062
907-0085
907-0100
907-0114
905-1015
905-1030
905-1150
903-0015
903-0071
903-0580
902-1100
904-2030
160-2620
160-2445
160-2440
953-2225
953-2227
952-7075
952-2120
950-2245
950-2275
N/A
N/A
231-1209
233-1170
233-1370
233-1650
300-2000
300-2515
300-2999
310-4026
310-6005
100-3186
240-2981
240-3061
240-3132
240-3167
320-4002
290-4450
N/A
433
290-4960
350-3060
625-7250
930-1350
N/A
N/A
953-2370
551-2055
551-1007
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EXHIBIT B

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

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

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

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

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

Carlos Castro Carlos Castro United Rentals (North America), Inc 435
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_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Carlos Castro [email protected] Rentals (North America), Inc United Rentals (North America), Inc PO Box 05 1122 Los Angeles, CA 90074-1122 [email protected] 436
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, United Rentals (North America), Inc
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disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

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

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

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

8. PERMITS AND LICENSES:

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

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

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

10. CONFLICT OF INTEREST:

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

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

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

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for United Rentals (North America), Inc
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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 United Rentals (North America), Inc
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

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

14. INSURANCE:

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

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

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

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

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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EXHIBIT E

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

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See special conditions submitted below.
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