Richmond City Council
November 7, 2023

November 7, 2023

Economic Development

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Nannette Beacham, Director of Economic Development
Lizeht Zepeda, Senior Business Assistance Officer
Robert Stevens, Engineering Consultant

SUBJECT:

Report on the Port of Richmond Operations
FINANCIAL IMPACT: There is no financial impact related to this item.

PREVIOUS COUNCIL
ACTION:

11/01/2022, 11/15/2022

STATEMENT OF THE
ISSUE:

On November 1, 2022, the City Council directed staff to seek audit services for the Port of Richmond. The
Finance Department issued a Request for Proposals
(RFP) for auditing services and a contract with GPP
Analytics, Inc. (GPP Analytics) was approved by the City Council on June 6, 2023, to conduct a comprehensive
audit. The Port audit is currently in process with reporting to be presented in December 2023. City staff, along with Robert Stevens of CSW|ST2 and Bill Lee of Land Econ
Group, have completed an economic report to provide an
update to the City Council and the community. On
November 15, 2022, the City Council directed Port staff to report on noises coming from the Port industries at
night. The noise issue is addressed in the Environmental Information exhibit.

RECOMMENDED ACTION:

RECEIVE a written report on the Port of Richmond’s
operations, facilities, and economic opportunities –
Economic Development (Nannette Beacham/Lizeht
Zepeda 510-620-6653).

AGENDA
REPORT
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November 7, 2023
DISCUSSION:

On November 1, 2022, the City Council directed City staff to conduct a comprehensive audit of the Port of Richmond (Port). The request suggested the audit report include information regarding leases, subleases, approved uses for terminals, businesses’ economic activities, Request for Proposals (RFP’s) released by the City, financial data, environmental and health-oriented policies, and compliance with internal procedures.

Subsequently, on November 15, 2022, the City Council directed City staff to report on the noise issues coming from Port industries.

To fully answer the request for financial data, Finance staff released an RFP for a Port audit on January 31, 2023, since the last Port audit was performed in 2011. The 2011 Port Audit was an internal audit of Port activities, and it reviewed financial operations, efficiency, effectiveness, and organizational structure. RFP submittals were due on February 27, 2023, GPP Analytics, Inc. was the only responder to the RFP, and Port and Finance staff reviewed the proposal to assess the firm’s qualifications. On April 18, 2023, the City Council approved the proposal and directed City staff to contract with the firm. On June 6, 2023, the City Council approved a contract with GPP Analytics, Inc. to provide auditing services for the Port of Richmond, with a budget contract of $81,750.

Phase one of the audit is in process, this includes interviews, document and data gathering, and a risk assessment.

In addition to releasing the RFP for the Port audit, City staff, along with Robert Stevens of CSW|ST2, and Bill Lee of Land Econ Group, have completed a report to assess the economic viability of the Port (Attachment 1). The report outlines the Port’s facilities, history, opportunities, and 2022 audited finances through June 30, 2022, from the City’s Annual Comprehensive Financial Report (ACFR). The June 30, 2023, financials are included as well, although these are not audited and not completed for the year.

The report addresses the City Council’s request for information regarding leases, subleases, RFPs released by the City, and compliance with internal procedures in Exhibit 1 (Attachment 2). A tenant map and key information, a list of subtenants, a comprehensive list on RFPs released and responses, a sample rent roll, and information regarding compliance with internal procedures can all be found in Exhibit 1.

Environmental information, provided by the Community Development Department – Planning Division, that reviews and compares the California Environmental Quality Act (CEQA) applications with the City’s policies, including port noise, for consistency, is included in Exhibit 2 (Attachment 3). Exhibit 2 also summarizes CEQA reviews within the Port area over the last twenty (20) years and provides links to various studies that describe nearby commercial and industrial uses monitored for noise sources in 2021. At the City Council’s goal setting meetings, the port was identified to develop a port strategic plan, which will include environmental strategies that will continue to protect the health and well-being of neighboring communities and reduce the port’s carbon footprint.

An analysis of the Port’s financial condition and outlook produced by Land Econ Group is included in the report under Exhibit 3 using financial information from fiscal year 531

November 7, 2023
2021-22 up to June 30, 2022, and Exhibit 4 using financial information from fiscal year 2022-23 (Attachments 4 and 5). The analysis provides a detailed look at the Port’s revenue and expenditures, trends, and recommendations.

An overview of the Port report is listed below.

Port Report Overview

Located on the City’s southern waterfront, the Port encompasses five (5) City-owned and nine (9) privately-owned terminals that operate dry bulk, break-bulk, and automobile processing facilities. Figure 1 depicts the Port collectively. The City-owned Port property includes the Point Potrero Marine Terminal (PPMT), as well as Terminals 2, 3, and 4. A brief description of each terminal area is below.

 Point Potrero Marine Terminal –130
acres of land, a main wharf, five (5)
graving basins, two (2) finger piers,
and two (2) warehouses totaling
170,000 square feet and various
smaller buildings.
 Terminal 2 – eight (8) leased acres
of land and two (2) warehouses
totaling 140,000 square feet.
 Terminal 3 – 20 acres of land and a
warehouse of 80,000 square feet.
 Terminal 4 – 37 acres of land and a
warehouse of 12,000 square feet.

The Port’s land use is regulated by the
City’s General Plan and Zoning Code in
association with the Metropolitan
Transportation Commission (MTC) and the
Bay Area Conservation and Development
Commission (BCDC) policies. On April 18,
1996, MTC and BCDC collaboratively
established the San Francisco Bay Area
Seaport Plan (Seaport Plan) to ensure that
the Bay Area ports continue to contribute
economically to the San Francisco Bay region. The Seaport Plan reserves the Port areas for port-priority use. Port-priority use areas have excellent access to deep, navigable water, and connectivity to rail and highway, which contribute to the economic vitality of the San Francisco Bay region. As for the Port of Richmond, PPMT, Terminal 2, and Terminal 3 are included in the Seaport Plan as port-priority areas. Terminals 1 and 4 are not included in the Seaport Plan.

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November 7, 2023

Capital Improvement Projects

Most of the Port’s infrastructure was constructed over eighty (80) years ago to support the World War II effort. Since 2010, the Port has secured grant funding and collaborated with public private partnership to renovate its facilities The Honda Port of Entry project which funded the reconstruction of PPMT, was a major accomplishment because the project transformed the former Shipyard Number 3 into a state-of-the-art roll on/off automobile processing facility. The Port has secured, Federal and State grants totaling $20 million dollars for infrastructure investments below:

 A 12-mile fiber optic network operating at 10 Gb/s serving the City of Richmond, in 2012 invested $5 million dollars.
 A high-mast lighting project improving security at PPMT, as well as rehabilitating much of the electrical infrastructure, in 2014 invested $4 million dollars.  An extension of the San Francisco Bay Trail into PPMT, including two overlooks and a hillside pathway, in 2011 invested $2 million dollars.  Renovation of the Riggers Loft into the Port Administration and Operations Office and Security Center, as well as space for lease to the Riggers Loft Wine Company for event space and wine production, in 2014 invested $5 million dollars.  Removal and disposal of electrical equipment containing polychlorinated biphenyls, improving the quality of water in the SF Bay, in 2015 invested $1.5 million dollars.
 Electrification of the Terminal 3 berth, in 2016 invested $100k dollars.  Removal of outdated container cranes at Terminal 3, in 2019 invested $500k dollars.
 Rehabilitation of the former gear storage warehouse at Terminal 3, in 2018 invested $1.5 million dollars.
 Debris removal and repairs to the Graving Basins, in 2015 invested $100k dollars.  Maintenance dredging of Terminals 2, berths 7, 8, and the Marina Bay Entrance Channel, in 2019 invested $100k dollars.
 Disposal of ships abandoned at the Graving Basins, in 2013 invested $500k dollars.

Current infrastructure projects with grant funding are the Wharf Removal Project at Terminal 4 with a total funding of over six million dollars and berth electrification for berths seven and eight at PPMT with grant funding of one million dollars. On April 28, 2023, City staff worked to submit a grant application for electrification of additional berths at the Port. The grant application, if awarded, is valued at $3 million dollars with the opportunity to apply for more.

In addition, a notable accomplishment is all the leasable areas within the Port have long-term tenants, except for the Cafeteria Building, the General Warehouse, and Basin

1. 533

November 7, 2023

Facilities

PPMT is the former Historic Shipyard Number 3 developed to construct Liberty and Victory Ships during World War II. The graving basins, wharf, and several buildings are historical and part of the Rosie the Riveter World War II Home Front National Historical Park.

The majority of the Port’s tenants are located at PPMT. There are thirteen (13) leased areas including the Port administration building. Currently, there are three (3) vacant locations, which are Basin #1, the General Warehouse, and the Cafeteria Building. Foss Maritime recently decided to not exercise their extension option at Basin #1, ending their lease on February 28, 2023. City staff is working to draft and finalize a Request for Proposals (RFP) to release for the leasing of this area. The Cafeteria Building has been vacant for many years. An RFP has been released twice (2018 and 2019) with no deal coming to fruition.

Terminal 2 has been leased to AAK Oils (formerly California Oils) since the 1990s. The key infrastructure is the berth that allows vessels to discharge liquid bulk cargo. AAK’s bulk is vegetable oil, and they discharge their liquid bulk cargo about once per month.

Terminal 3 has been leased to Terminal 3 Partners since 2020. Terminal 3 Partners have assumed responsibility of the facilities, and management of the lay berthing. In 2023 the master lease was assigned to IV1 1411 Harbour Way S Owner LLC. The new LLC includes Brookfield as an equity partner and CA Ventures as the developer and project manager for constructing a 200,000 square foot advance green manufacturing building for Moxion Power, a subtenant and energy innovation firm that designs and builds clean energy electric generators in Richmond.

Terminal 4 has been leased to Nematode Holdings since 2020. Nematode Holdings subleases areas of Terminal 4 for the storage of boats, vehicles, equipment, and other uses.

Offshore Wind

Offshore wind is a critical component to achieving California’s goal of ninety percent (90%) clean energy by 2035. The U.S. Department of the Interior, Bureau of Ocean Energy Management (BOEM), has authorized a study of California ports to support offshore wind development. BOEM contracted Moffatt & Nichol, marine engineer and consulting firm to produce the California Floating Offshore Wind Regional Ports Assessment. Richmond has participated in this study. This study addresses the near- term needs and requirements of California ports to support floating offshore wind. It will also serve to support the California Assembly Bill (AB) 525 Strategic Plan (Chiu 2021).

AB 525 Strategic Plan shall identify available port space and the necessary infrastructure investments to improve waterfront facilities for the floating offshore wind industry. The Port expects to support future opportunities and further studies related to 534

November 7, 2023
sustainable energy generation from such sources as offshore wind and tidal electricity generation. BOEM website
Operations

PPMT and Terminals 2 and 3 can handle large vessels, and are commercially viable for modern, marine operations including:

 Liquid bulk – liquid that is held within the ship such as vegetable oil imported at Terminal 2.
 Dry bulk – bulk products such as iron ore that is exported at Levin-Richmond, a private terminal.
 Break-bulk – material contained in bags, drums, or boxes.  Neo-bulk cargo – material that is pre-packaged such as bundles of lumber, paper rolls, steel, and vehicles.

Connecting the Richmond Green-Blue New Deal with the Port

The Richmond City Council adopted Resolution 88-21 to support the process of developing a Richmond Green-Blue New Deal (R-GBND) with the intention to support Just Transition to 21st Century jobs. The goal is to ensure that Richmond Communities are provided workforce opportunities that are environmentally sustainable on land (green economy) and sea (blue economy) while transitioning away from jobs dependent on fossil fuels. The City retained Appraccel, LLC to provide professional services to assist in the development and implementation of a community-driven workforce development plan using a R-GBND and Just Transition Framework. The Port can play a pivotal role incorporating key sectors of the blue economy as all-electric efforts become industry standard nationwide. Renewable energy generation and electrification have the potential to provide career opportunities with high paying salaries and benefits.

Appracel, LLC, led by Justine Burt, has completed extensive community outreach including workgroups and presentations to local community organizations.

Presentations were conducted for the following governing groups:

 Economic Development Commission
 Workforce Development Board
 Richmond Neighborhood Coordinating Council
 Richmond Bicycle and Pedestrian Commission

To ensure that the community is actively engaged and informed, City staff tabled at community events and hosted three (3) Green-Blue Champions meetings, two (2) community workshops, and three (3) workshops at Safe Return. A community survey was released to solicit feedback from the community and over 400 survey responses were submitted.

The consultant is currently in the process of drafting the gap analysis which will inform the draft Green-Blue New Deal Workforce Development Plan and Implementation 535

November 7, 2023
Strategy. For more information on the Green-Blue New Deal Workforce Development Plan visit, https://www.ci.richmond.ca.us/4138/Green-Blue-New-Deal-and-Just- Transition.

Staffing
The Port’s organizational chart, as of June 30, 2023, is shown in Figure 2. The Director of Economic Development position (filled) provides oversight of the Port’s operations. In addition, there is an Operations/Marketing Manager (filled), Senior Business Assistance Officer (filled), and Executive Secretary I/II (filled). Staff manage leases, inquiries, coordinate maintenance, inspect properties, revise annual tariffs, and communicate with tenants on any related Port matters. In addition, the Port is supported by one (1) part- time consultant, Robert Stevens of CSW|ST2, who provides engineering and technical support.

Figure 2: Port Organization Chart

 The Director of Economic Development position was introduced at the end of 2022 and currently oversees six divisions including the Port.  Executive Secretary I/II position has been filled as of April 2023.  Senior Business Assistance Officer position has been filled as of February 2022.  The Human Resources Department carried out a recruitment process for a Port Director. Expected start date in October 2023.
 Port Engineering services are contracted by consultant Robert Stevens of CSW|ST2.

Conclusion

Over the last twenty (20) years, the Port has transformed itself from an aging World War II era shipyard to commercially viable terminals. While the Port may not have the economic might and size of other Bay Area ports, it plays an important role in meeting California’s maritime needs. Furthermore, there are opportunities in partnerships, federal and state legislation, infrastructure grants, and environmental mandates for the well-being of the Richmond community. The Port will incorporate key City Council Port Director* Economic Development
Director
Operations/Marketing
Manager
Senior Business
Assistance Officer Executive Secretary I/II
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November 7, 2023
initiatives such as the Green-Blue New Deal with the blue marine business industry that will contribute to the future workforce success and innovating the Port as well as the state’s offshore wind initiatives.

DOCUMENTS ATTACHED:

Attachment 1 – Port of Richmond Report
Attachment 2 – Exhibit 1: Port Tenant Information
Attachment 3 – Exhibit 2: Environmental Information
Attachment 4 – Exhibit 3: LEG Memo March 7, 2023
Attachment 5 – Exhibit 4: LEG Memo September 1, 2023

537

Port of Richmond
Report on Operations, Facilities, Finances, and
Economic Opportunities

Richmond, California

FACILITIES ANALYSIS

Robert Stevens, PE, TE
Contract Port Engineer
210 Washington Avenue
Richmond, CA 94802

FINANCIAL ANALYSIS

Bill Lee
Senior Partner
388 Market Street #1300
San Francisco, CA 94111

OPERATIONS ANALYSIS
Lizeht Zepeda

Lizeht Zepeda
Sr. Business Assistance Officer
1322 Canal Boulevard
Richmond, CA 94802
538
Port of Richmond
1 CONTENTS
INTRODUCTION .................................................................................................................................................................................................... 2 PORT OF RICHMOND OPERATIONS ............................................................................................................................................................ 4 RECENT PORT DEVELOPMENT ........................................................................................................................................................................ 5 POINT POTRERO MARINE TERMINAL EXISTING CONDITIONS ......................................................................................................... 7 POINT POTRERO MARINE TERMINAL RECOMMENDATIONS .......................................................................................................... 16 TERMINAL 3 EXISTING CONDITIONS ......................................................................................................................................................... 19 TERMINAL 2 EXISTING CONDITIONS ......................................................................................................................................................... 20 TERMINAL 2 RECOMMENDATIONS ............................................................................................................................................................ 23 TERMINAL 4 EXISTING CONDITIONS AND RECOMMENDATIONS ................................................................................................ 23 SEAPORT PLAN UPDATE .................................................................................................................................................................................. 25 PORT FINANCES .................................................................................................................................................................................................. 26 ECONOMIC OPPORTUNITIES AND THREATS .......................................................................................................................................... 29 RICHMOND GREEN-BLUE NEW DEAL ........................................................................................................................................................ 29 OFFSHORE WIND AND ENERGY OPPORTUNITIES ................................................................................................................................ 30 STAFFING ............................................................................................................................................................................................................... 30 PORT AUDIT .......................................................................................................................................................................................................... 31 CONCLUSION ....................................................................................................................................................................................................... 32

FIGURES

Figure 1 – Point Potrero Marine Terminal
Figure 2 – Terminals 2 and 3
Figure 3 – Terminal 4

EXHIBITS

Exhibit 1 – Port Tenant Lease Information
Exhibit 2 – Environmental Information
Exhibit 3 – Overview of Port of Richmond FY 21/22 Financial Condition and Outlook Exhibit 4 – Overview of Port of Richmond FY 22/23 Financial Condition and Outlook

The cover photograph is the Point Potrero Marine Terminal taken from the Shipyard 3 overlook constructed in 2014. This photograph was taken by Robert Stevens in November 2020. Photographs included in this report were provided by various parties and are acknowledged in parenthesis.
539
Port of Richmond
2 INTRODUCTION

The Port of Richmond is a division within the Economic
Development Department that operates dry bulk, break
bulk, and automobile processing facilities on the City’s southern waterfront. The Port’s property includ es the Point Potrero Marine Terminal ( PPMT), as well as
Terminals 2, 3, and 4. Terminal 1 is not included in this report.

A brief description of each terminal is below:

 Terminal 2 – 8 acres leased of land and two
warehouses totaling 140,000 square feet.
 Terminal 3 – 20 acres of land and a warehouse
of 80,000 square feet.
 Terminal 4 – 37 acres of land and a warehouse
of 12,000 square feet.
 Point Potrero Marine Terminal – 130 acres of
land, a main wharf, five graving basins, two
finger piers and two warehouses totaling
170,000 square feet , and various smaller
buildings.

The land use of Richmond’s southern waterfront ,
specifically along the Harbor Channel and Santa Fe
Channel, are regulated by the Metropolitan
Transportation Commission (MTC) and the Bay
Conservation and Development Commission (BCDC) per
the San Francisco Bay Area Seaport Plan as Amended
January 2012. BCDC reserves these areas for Port Priority Use.

The future Point Potrero Marine Terminal and Terminal 3 as seen in a 1928 aerial photograph. (Unknown)
The Port of Richmond as described in the BCDC Sea Port
Plan. (BCDC)
540
Port of Richmond
3 Areas with Port Priority Use have excellent access to deep navigable water and strong connectivity to both rail and highways. For the Port of Richmond, in 1996, Congress authorized deepening of the Harbor and Santa Fe channels from (-)35 to (-)38 feet at Mean Lower Low Water allowing for large vessels to enter . Furthermore, the facilities are accessible by both Union Pacific (UP) and the Burlington Northern Santa Fe (BNSF) Railroads.

As described i n the BCDC Seaport Plan, Richmond has public and private terminals that have Port Priority Use. The public terminals that are managed by the Port include the Point Potrero Marine Terminal , as well as Terminals 2 and 3. Terminals 1 and 4 are not included in the Seaport Plan. There are nine other privately- owned facilities along the Santa Fe Channel. These terminals are not managed by the Port of Richmond.

The history of maritime commerce within Richmond dates to the Gold Rush era of 1849 when Captain Ge orge Ellis set up a wharf and warehouse at Ellis Landing located along present-day Esplanade Drive near the Inner Harbor Basin. This wharf served a thriving business transporting hay and grain across the Bay. A great resource that describes this history is a 1980 report entitled “Port of Richmond 1901 to 1980” prepared by the League of Women Voters. In addition, we recently found another type written report entitled “History and Status of the Port of Richmond, California” that describes the Port’s development. The author and date of this report are unknown, and there are discrepancies between the two previously mentioned documents.

During the 1980’s, 1990’s, and early 2000’s there were many reports prepared regarding how the City should use its Port. Many of the recommendations have been to privatize the asset. This report is intended to provide a general summary of the of Port’s operations and facilities, including the following:
 Overview of material handling and operations.
 Description of facilities and their current conditions.  Recommendations to maintain and rehabilitate the facility.  Financial status as well as economic Green-Blue opportunities and threats.  Current staffing and recommendations for the future.

We have derived this information from previous studies and our observations of the facilities over the last decade.

Shipyard Number 3 in 1945. (Unknown)
541
Port of Richmond
4 PORT OF RICHMOND OPERATIONS
The Port of Richmond’s Point Potrero Marine Terminal (PPMT), as well as Terminals 2 and 3 are commercially viable for modern operations including:

 Liquid bulk: This is liquid that is held within the ship such as vegetable oil imported at Terminal 2.  Dry bulk: This is a bulk product such as iron ore that is exported at Levin-Richmond, a private terminal.  Break-bulk: This is material contained in bags, drums, or boxes.  Neo-bulk cargo: This is material that is pre -packaged such as bundles of lumber, paper rolls, steel, and vehicles.

Each of these terminals is allowed to be dredged to a depth of ( -)35 feet at Mean Lower Low Water (MLLW) in accordance with the National Vertical Datum of 1988. Since the elevation of MLLW in Richmond is about 0 feet, the depth to the Bay’s floor is approximately 35 feet. This is an important value as it pertains to the size of a vessel that the facility can accommodate. A vessel’s draft is the measurement between the waterline and bottom of the hull.

The actual draft is a function of the load on the vessel; the lighter the load, the less the draft.

A typical reference of vessel size is the Panamax
class. These vessels are the maximum size that can
travel through the Panama Canal. The general
characteristics of a vessel of this size are:

 Tonnage: 52,500 Deadweight Tonnage
(DWT)
 Length: 950 Feet
 Beam (Width): 106 feet
 Height: 190 feet
 Draft: 39.5 feet
 Capacity: 5,000 Twenty Foot Equivalent Unit (TEU)

In general, the Point Potrero Marine Terminal and Terminal 3 can handle a vessel of this size. See the individual terminal description for specific information. PPMT has served vehicle import, and Terminal 2 has served liquid bulk. In recent years, Terminal 3 has served lay berthing. A lay berth is used by vessels for short -term waiting until a loading or discharging berth is available.

The Sagamore at Terminal 3 for lay berth. Lay berths
represent a good revenue source for the Port. (Stevens) RO-RO vessel dock at PPMT. Note the ramp which is
used to unload automobiles. (Stevens)
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Port of Richmond
5 RECENT PORT DEVELOPM ENT
Much of the PPMT , as well as Terminals 2 and 3 are older facilities. PPMT was constructed during World War II, Terminal 3 in the late 1970’s, and much of Terminal 2 in the 1950’s. Since 2010, the Port has secured grant funding and collaborated with public private partnership to renovate its facilities. One of the largest and most successful updated facilities was the Honda Port of Entry project which funded the reconstruction of PPMT.

This project transformed the former Shipyard Number 3 into a state-of-the-art roll on/off automobile processing facility.

After the completion of the Honda Port of E ntry, the Port has secured Federal and State grants totaling $20 million dollars , to invest back into Port infrastructure. The Port has completed the following projects:

 A 12-mile fiber optic network operating at 10 Gb/s
serving the City of Richmond , in 2012 invested $5
million dollars.
 A high-mast lighting project improving security at
PPMT, as well as rehabilitating much of the
electrical infrastructure, in 2014 invested $4 million
dollars.
 An extension of the S an Francisco Bay Trail into
PPMT, including two overlooks and a hillside
pathway, in 2011 invested $2 million dollars.
 Renovation of the Riggers Loft into the Port
Administration and Operations Office and Security
Center, as well as space for lease to the Riggers Loft
Wine Company for event space and wine production, in 2014 invested $5 million dollars.  Removal and disposal of electrical equipment containing polychlorinated biphenyls, improving the quality of water in the SF Bay, in 2015 invested $1.5 million dollars.  Electrification of the Terminal 3 berth, in 2016 invested $100k dollars.  Removal of outdated container cranes at Terminal 3, in 2019 invested $500k dollars.  Rehabilitation of the former gear storage warehouse at Terminal 3, in 2018 invested $1.5 million dollars.  Debris removal and repairs to the Graving Basins, in 2015 invested $100k dollars.  Maintenance dredging of Terminals 2, berths 7, 8, and the Marina Bay Entrance Channel, in 2019 invested $100k dollars.
 Disposal of ships abandoned at the Graving Basins, in 2013 invested $500k dollars.

The Port completed an extension of the SF Bay Trail into the PPMT in 2014. (Stevens)
The Honda Port of Entry project completed in
2010 transformed PPMT, making it an
economically viable marine terminal. (Stevens)
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Port of Richmond
6 In addition to commercial operations, the Port hosts
nonprofits, including the SS Red Oak Victory Ship, and the Sea Scouts’ vessel , the Northland. These groups
occupy areas within the Graving Basins at no cost ,
allowing them to continue their missions of education.

One of the mo st rewarding events that has occurred in
the last decade has been the reduction in vacancies at
the Port of Richmond. Effectively , all the leasable areas within the PPMT , and terminals except for the Cafeteria Building, Basin 1, and the General warehouse have long- term tenants. There are opportunities with AWC who is
working with Subaru to expand their operations and
construct a new processing building at the PPMT.

Terminal 3 has a long-term tenant who manages the facility. Moxion Power, an energy innovation firm that designs and builds clean energy electric generators established and headquartered at the Ford Assembly Plant plans to build a 200,000 square foot advance manufacturing at Terminal 3. This project will create 1,100 new blue-green jobs in Richmond, train and recruit local talent in partnership with the City’s Employment and Training department and build a green manufacturing building at Terminal 3.

The Port completes regular maintenance dredging of its
facilities. Here, the Port’s contractor completed dredging of the Marina Bay Yacht Entrance Channel in 2017.
(Stevens)
The Port completed removal of outdated
container cranes in PPMT in 2019. (Stevens)
The Port started renovating the WW II era Riggers Loft in 2012. The project was completed in 2015. (Stevens)
544
Port of Richmond
7 POINT POTRERO MARINE TERMINAL

EXISTING CONDITIONS
Point Potrero Marine Terminal (PPMT) is the former
Historic Shipyard Number 3 , developed to construct
Liberty and Victory Ships during World War II. The
facility is located at the end of Canal Boulevard as shown in Figure 1 (see map). PPMT’s layout matches its World War II condition as the graving basins, wharf, and several buildings still exist. PPMT has several tenants with most of the site is occupied by Auto Warehousing Company
(AWC).

AWC imports automobiles from Japan and China. Based
upon data from AWC, they received the following total
number of vessels over the last five years:

Year AWC Total Number of
Vessels
2016 71
2017 88
2018 100
2019 92
2020 68
2021 52
2022 54

Typical vessel that calls on PPMT about 1 to 2 times each week. Pictured here is the Dionne Leader, which is almost 700 feet in length. It is docked partially in Terminals 7 and

8. (Stevens)
545
Port of Richmond
8 FIGURE 1

546
Port of Richmond
9 AWC averages about 70,000 vehicles per year, which is the maximum capacity of the facility. While the typical vessel that transports vehicles for AWC can carry up to 6,000 units, the current vessels that call to PPMT carries between 300 to 2,000 vehicles. AWC cannot predict the number of vessels and vehicles delivered to PPMT in the future , as it is entirely driven by market demand. Other tenants of the PPMT are marine industry construction and ocean towing, and do not export or import any cargo.

PPMT was constructed largely by placing fill within the tidal marshlands; the soil used was excavated from the adjacent hillside. Thus, there is between 1 to 20+ feet of fill placed atop young Bay Mud. The Bay mud is highly compressible, which results in differential settlement within the facility. Improvements occurred in the 1980s and early 2000s to transform the facility into an automobile import facility. The current site configuration resulted from a major renovation completed in 2010 to support the import of Honda automobiles.

Westerly of Graving Basin Number 1 is known as Operating Unit Number 1 (OU -1). This is cleanup of soil contamination under an enforceable operation and maintenance agreement administered by the Department of Toxic Substances Control (DTSC), which occurred in the early 2000’s.

Essentially, it is a cap of asphalt and soil encapsulating contaminated material.

Operating Unit Number 2 (OU-2) is a submerged cap located adjacent to Finger Pier Number 2. Implementation of a nnual inspections of the cap and groundwater are required by DTSC , photographic documentation and repairing any damage to the current asphalt is the responsibility of the port .

DTSC requires a tri -annual inspection of the submerged cap of OU -2. As the Port of Richmond is the responsible party , it has completed the inspections as required by the DTSC. The areas have restricted use of property, provisions apply per DTSC for activities for drilling, development, disturbance of soil, and cap alterations.

Previous observations of the pavement in the westerly segment of PPMT within OU-1 ha ve shown a white precipitate that forms on the asphalt. This often occurs as the tide ebbs. We believe that groundwater that is “perched” below the cap within the zone of contaminated soil is pushed through the asphalt during high tide. As the tide gets low, the water rece des, and as the surface dries, residue remains on the surface. Groundwater monitoring has indicated that potentially contaminated groundwater is moving under the cap.

Bathymetric surveys (surveys that map the depth and shape of underwater terrain) of OU-2 have shown that the floor of the Bay has been disturbed , creating a hole within the submerged cap. We theorize that a vessel’s prop wash disturbed the sediment. If natural sediment settles within the hole, this could correct the condition. Otherwise, it will need to be filled.

The Port maintains several 12 Kv
electrical distribution panels. These
require regular maintenance to
prevent faults. (Stevens)
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Port of Richmond
10 The following summarize basic infrastructure at PPMT:

1. Pavement. PPMT has approximately 65 acres of asphalt pavement that requires regular maintenance to prevent deterioration. Maintenance includes spot repairs, slurry seals, asphalt overlays, and re-striping. In areas that receive heavy truck traffic, the deterioration occurs rapidly, requiring more maintenance. Most of the paved area i s within the AWC secured perimeter. Outside of this area is Canal Boulevard, which serves other tenants of the Port and is an alternate access pathway to Point Richmond neighborhoods, most notably Waterline by Shea Homes to the west.

2. Utility Systems. PPMT has potable and fire water, sanitary sewer, storm drainage, telecommunications, municipal fiber, and electrical service.
a. Potable and Fire Water. PPMT ’s water system is private with the connection to the East Bay Municipal Utility District located near the entrance
to the facility at the gateway sign. The water
system extends to the First Aid building (#9 pg. 17)
with two 12-inch in diameter polyvinyl chloride
mains constructed in 2010 . At the First Aid
building, the systems split to a westerly segment
constructed of a high -density polyethylene pipe
(HDPE) and the easterly segment that extend s to
the Riggers Loft and along the dock ’s face. These
segments were constructed in 1995. The easterly
segment has lower flows and pressures than th e
westerly segment. We have attempted to open valves to correct the condition but have been unsuccessful. Both HDPE segments have had leaks repaired over the last five years. b. Sanitary sewer. The sanitary sewer system is a combination of plastic and concrete pipelines that generally flow to a pump station near the First Aid building. Downstream of this location, the pipelines were repaired in the 2010 project. Upstream of this location there are two pump stations.

One is at the dock, and another within the graving basins. The dock pump is maintained by Veolia and is in good condition. The pump within the graving basins has failed, resulting in no wastewater service within the graving basins. Should wastewater service be required by a tenant in the graving basins, they would be required to repair the pump and related appurtenances. c. Storm Drainage. The storm drainage system is a combination of concrete, plastic , and corrugated metal pipe. The corrugated metal pipe dates to the construction of the terminal in the 1940’s. The metal pipe is corroding, and results in the formation of sinkholes, the most recent sinkhole occurred in 2015.
d. Electrical System. PG&E serves the PPMT by a 12KV feeder system to five substations within the site. The western link that serves the finger piers and substation number 9 has only one of the three conductors functional. PG&E was planning to repair the system, but because it is located within OU-1, they have refused to proceed with the project. The failure is likely due to fill placed atop the existing pipeline to construct the cap, which caused settlement that crushed the conductors. If the last conductor fails, power will be lost within the western segment of PPMT.

Storm drain collapse creating a sinkhole in PPMT
in 2015. (Stevens)
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Port of Richmond
11 e. Natural Gas. PG&E deactivated the natural gas system in 2020 due to old infrastructure. The Port’s tenants have converted to electrical power.
f. Telecommunications. AT&T provides data service within PPMT. In addition, in 2011, the Port installed the City’s municipal fiber optic network within the terminal. The 144 fiber strands terminated within the Riggers Loft.

3. Docks. There are several docks located at PPMT that were constructed in the 1940’s including:
a. Terminal Numbers 7 and 8. These are the two primary berths located along the east side of the facility that occupy a total length of about 15 60 feet; Terminal 7 is south, and Terminal 8 is north . This is the facility used by AWC’s vessels to offload automobiles. The dock has
two segments including an outer (waterside) and inner
(landside) wharf which are separated by a sheet pile wall.

An inspection completed in 2009 by Collins Engineers,
Inc. found that Terminals 7 and 8 were in serious to poor condition. In 2012, the Port completed repairs of the
piles, deck, and beams within Terminals 7 and 8 in
support of the Honda Port of Entry project. Each
terminal can receive a standard roll -on/off (RO -RO)
vessel, but there are segments of the dock that are in poor condition , which require the Port to specifically designate areas that are rated for vehicle loading using a HS20 -44 standards. The following are known concerns of the wharf:
i. The slope of the shoreline is too steep and causes sinkholes to form at the interface between the land and wharf under the rear marginal beam. ii. The expansion joints are widening , creating a trip hazard for work ers. In previous years, the Port had installed steel plates covering these gaps. iii. The deck, piles, pipe capitals, sheet pile wall, and beams require general repair. b. Southerly Berth. This area is located to the south of the Riggers Loft building and is kno wn as Terminals 5 and 6. Based upon work completed to rehabilitate the Riggers Loft, there are significant voids in soil landside of the berth. The condition of the dock in this location is unknown. c. Graving Basins. These are the dry docks which were used to construct Liberty and Victory Ships during World War II. Currently basins are leased to marine contractors , including Dutra, National Response Corporation (NRC), and Alcatraz Tours. Additionally, the graving basins host two non - profit tenants, including the SS Red Oak Victory and the Sea Scouts.

During the relocation of the SS Red Oak Victory into Basin Number 5, we encountered debris and sediment within the bottom of the basin. We would expect this to exist within the other basins, which can create a challenge for a large draft vessel. The structure of the basins is concrete that is severely deteriorated. In addition, there is limited fall protection. In coordination with an oil spill The Northland is a vessel operated by the
Sea Scouts. It relocated to Graving Basin
Number 5 to allow for expansion of
Alcatraz Tours’ lease area. (Stevens)
549
Port of Richmond
12 cleanup in 2015, the Port removed debris from the galley ways of the basins, but more remains to do. Finally, there remains potential risk for water line leaks. d. Whirley Crane. Along Basin Number 5, there is a Whirley Crane. These cranes were part of the original shipyard and used to construct vessels. This crane was placed at this location at some point in the 1990’s. It is not anchored to the rails , and the boom overhangs a publi c overlook. The condition of the cables supporting the boom and the crane structure is unknown. e. SS Red Oak Victory. In March 2016, the Port of Richmond relocated the SS Red Oak Victory from Terminal 5 to Graving Basin Number 5. This work included removing debris from the basin, strengthening the mooring bitts, paving, installing fencing, and connecting electrical, potable water, sewer, and fire water service. The Port completed all of the work except for finalizing the fire water connection described in 2a above. In addition, the SS Red Oak Victory needs water and electrical meters.

The SS Red Oak Victory is owned by the Richmond Museum of History. Volunteers are working to repair the vessel and make i t seaworthy. Currently, it cannot travel under its own power from the Graving Basin. The Port has worked with the crew of the SS Red Oak Victory to ensure it complies with City requirements. Currently, the Port has requested the SS Red Oak Victory disco nnect its toilets from the fire water supply, as this is not allowed by EBMUD. The Port pays a fine for this use.

The Port also notes that the SS Red Oak Victory represents a potential future liability should it fall into disrepair. The cost to dispose of a vessel is significant. For example, the Lion and Tiger, which were WW II-era Naval tugs, were disposed in 2014 at a cost of almost $500,000 each. The SS Red The Port successfully relocated the SS Red Oak Victory from Terminal 5 to Graving Basin Number 5 in March 2016. (Stevens)
550
Port of Richmond
13 Oak Victory is significantly
larger than the tugs. We
recommend developing a
long-term plan to finance the
maintenance of the vessel.
f. Finger Piers. The finger piers
are located on the westerly
side of PPMT and serve
Marine Spill Response and
Foss Marine. These tenants
regularly upgrade the wharfs.

4. Berth. In accordance with the lease
with AWC, the berth is to be dredged
to 35 feet below Mean Low Lower
Water. The Port last completed
dredging of the ber th in August of
2017. Based upon our review of
bathymetry, a dredge of two to three feet will need to occur every 8 to 10 years.

5. Buildings. Within PPMT there are several structures, many dating to the construction of the original shipyard.
a. Riggers Loft (Building Number 6). The Riggers Loft is currently the Port’s main office and is a regional operations and security center. The southerly and easterly segment of the building are leased to the Riggers Loft Winery Company. The Port completed a major renovation of the building in 2015. The City maintains the building, and due to the proximity to the Bay , it requires regular painting to prevent corrosion.
b. General Warehouse (Building Number 24). This building is vacant and is in poor physical condition. c. Machine Shop (Building Number 4). This building is leased to AWC for vehicle processing and has received minimal maintenance. There is significant water intrusion that creates complications for AWC workers. In addition, single pane broken glass from the windows near the roof presents a hazard should it fall on the workers below. AWC has presented the Port with concerns regarding several maintenance issues of the building. These items include the following:
i. Fluorescent light bulbs within the processing facility are imploding and damaging vehicles.

AWC would like to understand why this is happening.
ii. AWC has requested that the Port convert all electrical fixtures to light-emitting diode. iii. Remove the plastic sheeting that has partially disconnected from the processing building and repair the windows.
iv. The external doors are severely corroded and no longer close. v. Animal issues such as racoons, pigeons, and deer.
vi. HVAC system replacement.
d. Forge Shop (Building Number 5). This building is leased to AWC for vehicle inspection.

The Riggers Loft is a metal sided building that requires regular maintenance to prevent corrosion. The dock area is Terminal 5. (Stevens)
551
Port of Richmond
14 e. First Aid Building. This building is leased to AWC as a lounge for rail workers. It was renovated in 2011. The heater is not efficient, creating excessive electrical charges. Also, the external doors are corroding and will not close.
f. Cafeteria Building (Building Number 23). This building is vacant and in poor condition. g. Subaru Processing Building. This building is leased to AWC for processing of Subaru automobiles.

It was constructed in 2011. There is a small water leak in the overhead electrical weather head. h. Subaru Parts Building. This building is leased to AWC to store parts. It was renovated in 2014. i. Dutra Building. This building is leased to Dutra as an office and workspace. It was r enovated in 2018.
j. Longshore Portable. This is a portable building located along the wharf and is leased to AWC. It serves as a break room for longshore workers. This portable building was replaced in 2019.

6. Fencing. Although designed for use in a marine environment, the fencing that surrounds the AWC facility is subject to corrosion. When the fence corrodes, wet particles of rust are carried by the wind and land on Honda and Subaru vehicles, destroying the paint. In 2015, the Port coated a segment of the westerly fence to seize the corrosion. The fence requires an annual inspection. We recommend coating or replacing the fence fabric along at least 50% of its length within the next decade.

7. Northerly Lot. The larg e parking area north of the Cafeteria Building has significant vegetation along Sea Cliff Drive. Tree limbs have fallen, damaging the fence. In March 2023 three PG&E wooden electrical poles broke due to forced winds, these were repaired. Additionally, vegetation is growing into the fence, reducing security. We recommend removing the large Eucalyptus tree and trimming the vegetation. 552
Port of Richmond
15 Illustration of dock structure of PPMT. Note the steep slope of the shoreline. This slope has slid causing sinkholes to form at the interface between the dock and the land. A potential solution is installing a sheet-pile wall. (Unknown)
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Port of Richmond
16 POINT POTRERO MARINE TERMINAL RECOMMENDATIONS
Based upon our assessment of conditions at PPMT we recommend the following:

1. Complete a regular pavement rehabilitation
program that includes application of slurry seals of
the parking areas every seven years. We
recommend completing 25% of the facility at a time.

About 25% of the facility was completed in 2017, we
suggest completing the remaining segments in
FY23/24, and FY24/25 as needed. We recommend
budgeting $160,000 each fiscal year.

2. Conduct inspections of the electrical systems every
three years , including cleaning o f the substations
and weatherization of all electrical cabinets. As this was last completed in 2012, it needs to occur soon.

We recommend budgeting $50,000 for this work.

3. Complete a video inspection of all the storm
drainage lines within the PPMT to iden tify
deterioration. Potentially, this work could be
completed by Veolia under its agreement with the
City. If not possible, an outside inspection firm
could be retained. We recommend budgeting
$20,000 to complete this task.

4. Based upon the results of the video inspection
program, co mmence slip lin ing of the corrugated
metal pipelines prioritizing the worst condition. This could occur over a five-year period, allowing $65,000 per year.

5. Complete the annual inspection of the OU -1 cap. Allow $50,000 per year. The OU-2 cap must be inspected every three years at an additional cost of $30,000.

6. Complete annual weed abatement of the OU -1 cap. This work can be completed by City crews. If not possible, an outside firm could be retained . We recommend budgeting $25,000 to complete this task.

7. Conduct a bathymetric survey of the berth (s) every three years. This occurred in FY 2022. When 50% of the berth is less than 36 feet below MLLW, commence the permitting
process. Allow $25,000 per survey.

8. Complete an inspection of Terminal 7 ’s and 8 ’s dock, specifically related to the cutoff wall between land and Whirley Crane boom at Graving Basin Number 5.
(Stevens)
Existing water main within the Graving Basins.
(Stevens)
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Port of Richmond
17 shoreside. Provide recommendations to stabilize the dock. Allow $150,000 for the investigation.

9. Install electrical and water meters for all tenants at the Port. Allow $60,000 to complete this work.

10. We recommend the following for the Graving Basins:
a. Close the public overlook under the Whirley Crane , the boom’s condition is a risk. City crews to install barricades and signs.
b. Retain a crane consultant to complete an inspection of the Whirley Crane and provide recommendations to stabilize it. Allow $50,000 for the inspection. c. Investigate the condition of the exi sting 12-inch potable water line. Deactivate all potable water lateral pipelines (4-inch in diameter and smaller ) within the graving basins. Allow $ 25,000 to complete the task. This will require coordination with tenants. d. Install a 10-inch fire water pipeline linking the west and east water mains, creating a loop in the fire water system to balance flows and pressure. Allow $120,000 to complete the task.

11. Complete the following for the buildings:
a. Cafeteria Building. To preserve the cafeteria building, it must be weatherized. Allow $100,000 to assess historic stabilization . Other items to include maybe testing, removal, and replacement of rotted wood, carcinogenic material, or mold abatement.
b. Riggers Loft. The Riggers Loft will need roof painting and rust corrosion prevention. This should occur every eight years. Allow $150,000 to complete the task. c. Machine Shop. Assess, plan, and stabilize broken window panels. Allow $100,000 for the first part of this task and $300,000 + for execution . Retain a consultant to evaluate options to weatherize the building. Allow $45,000 to complete this task. Allow further funding once an assessment is completed.

12. Coordinate with PG&E to repair the westerly 12 Kv circuits. This will require executive -level support to influence PG&E.

13. Clear the vegetation from fence line of the northerly parking lot as discussed in item 7.

14. Providing vessels with electrical power when docked will be a requirement of the State of California in 2025.

Fortunately, there are many grant opportunities to support installing this infrastructure. The Port secured one million dollars in funding from the Bay Area Air Quality Management District in 2022 to provide shore power at PPMT. The Port budgeted this into its current CIP budget. The International Electrotechnical Commission (IEC) has adopted a high -voltage shore connection system standard, which requires 6MVA at 11kV and 60 Hz. Providing 6MVA will require major upgrades to PG&E service ; potentially require more than $4 million dollars. Thus, the Port is proposing to provide equipment necessary to support 6MVA, but only draw 3MVA, which is the maximum demand for vessels at PPMT.

Based upon our knowledge of the site, we recommend prioritizing the following:

1. Research all marine grant programs to fund infrastructure improvements especially related to zero emissions – This would be completed by Port staff and consultant.

2. Repair broken window panels - consultant

3. Conduct video inspection of the storm drain system using Veolia – No cost except for Port staff and consultant time in reviewing the data.

4. Complete weed abatement of the OU-1 cap – consultant. 555
Port of Richmond
18 5. Complete pavement rehabilitation of Canal Boulevard within PPMT – Internal City cost

6. Close access to the overlook at Graving Basin Number 5. – Internal City cost

7. Coordinate with PG&E to repair the westerly 12 Kv circuits – No cost except for Port staff and consultant time in reviewing the data.

8. Make repairs to the Machine Shop per item 11 above.

9. Implement water and electrical meters per item 9 above.

10. Conduct maintenance of the electrical system per item 2 above.

11. Complete pavement rehabilitation per item 1 above.

12. Complete the inspection of OU-1 per item 5 above.

13. Complete the inspection of Terminals 7 and 8 per item 8 above.

14. Finalize the fire water line and deactivate potable water lines in the Graving Basins .

Existing buildings within the PPMT. (WJE)
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Port of Richmond
19 TERMINAL 3 EXISTING CONDITIONS
Terminal 3 is generally shown in Figure 2 and includes
portions of assessor parcel numbers 560 -270-059-2 and
560-270-060-0. The total area is approximately 15 acres.

Within the Terminal, there are three buildings , including an operations building, large warehouse, and small
warehouse. There is an existing concrete wharf that was designed to serve a uniform live load of 1,000 pounds per square foot. All infrastructure within the Terminal was designed to the Uniform Building Code 1976 edition.

General infrastructure within the Terminal includes:

1. Operations building. The operations building is a three-story structure with truck scale located on the south side of the Terminal. The building was heavily vandalized in 2019. There is no elevator within the building.

2. Large warehouse. The large warehouse is located on the east side of the site and is 100 feet wide by 800 feet long. A previous tenant removed the north end of the structure, and the Port does not have possession of the materials that were removed. In addition, there is
approximately 21,000 cubic yards of soil within the
structure. The soil includes trash and other debris. Th e soil is contaminated but not hazardous. It cannot be used as fill for residential land use. The master tenant is responsible for removing this debris.

3. Small warehouse. The small warehouse on the north side of the site was rehabilitated by Sauce Brothers. They
maintain a lease of the building and surrounding area.

This building has electric service from PG&E.

4. The existing berth area for Terminal 3 is 1000 feet long and 125 feet wide. The Port is currently responsible for
dredging the Terminal 3 berth area to 35 feet below mean lower low water (MLLW). The Port has not dredged the
berth in more than 10 years , and the depth is likely less than 35 feet. The Army Corps of Engineers currently
dredges the Santa Fe Channel.

5. The Terminal has potable and fire water, as well as sanitary sewer service. The water line along the dock leaked and was deactivated.

6. The Terminal’s 12 Kv electrical system failed in 2011. Currently there is a temporary power provided by PG&E at 480 volt/400 ampere three -phase service. This serves the operations building. There was a feed that provided shore power, but that was vandalized in 2020.

Terminal 3 looking to the north. (Stevens)
Terminal 3 had 480V/400A shore power
available for docked vessels. This was
vandalized in 2019. (Stevens)
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Port of Richmond
20 In 2020 the Port released a Request for Proposals (RFP) and finalized a lease with Terminal 3 Partners; they assume responsibility of Terminal 3 facilities in addition to the wharf management. In 2023 the master lease was assigned to IV1 1411 Harbour Way S Owner LLC who is the developer for the proposed project, with Brookfield as an equity partner and CA Ventures as the developer and project manager to construct a 200,000 square foot advance manufacturing building for Moxion Power.

TERMINAL 2 EXISTING CONDITIONS
Terminal 2 is generally shown in Figure 2 and is located to the north of Terminal 3. The Port has leased this Terminal to AAK (formerly California Oils) since the 1990’s. The key infrastructure is the berth that allows vessels to discharge liquid bulk cargo.

In the case of AAK, this is vegetable oil ; they discharge their liquid bulk cargo about once per month. In 2017, the Port commenced a dredging episode to achieve a depth of 35 feet below MLLW. However, during the work, the contractor
encountered sloughing of the slope at the south end of the berth. The Port halted dredging and there remained a segment of the berth that was less than 35 feet below MLLW.

In general, one vessel per month calls Terminal 2 home and stays at the Terminal for a period of about one day.

The following is a summary of vessels arriving at the Terminal over the last several years.

Year Total Number of
Vessels
Quantity
Metric Tons
2018 12 84,437
2019 11 66,196
2020 12 80,220
2021 12 81,236
2022 16 88,800

Typical vegetable oil vessel (Azalea Galaxy) that calls Terminal 2 home. The vessel has a carrying capacity of
19,998 deadweight metric tons. This photograph is from September 2011. (Stevens)
A Terminal 2 dock collapsed, and has subsurface debris that was removed in 2022. (Google and Etrak) 558
Port of Richmond
21 FIGURE 2

559
Port of Richmond
22 In 2013, a wooden dock collapsed along Terminal 2. This dock was not removed. We recommend completing permitting and construction to remove the surface and subsurface dock remnants. The approximate cost for this work is $300,000.

A portion of Termi nal 2 is formally the Union Carbide Corporation Richmond Terminal Facility, which is now The Dow Chemical Company. This is contaminated and is under order to monitor groundwater. As the responsible party, Dow prepares annual inspections and reports to DTSC. The large parking area to the east of the berth is a cap over the contaminated soil. Terminal 3 partners is now responsible for managing this cap.

There are several buildings, pipelines, tanks, and appurtenances within Terminal 2. We have not investigated the condition of these facilities, but based on casual observation, they are in poor condition.

In 2020, AAK notified the Port that the berth did not meet the minimum required depth of 32 feet below MLLW.

The Port commenced permitting and an evaluation of slope stability to achieve additional depth at the berth. The Port completed dredging in 2021. The berth is not uniformly 32 feet deep, but adequately serves AAK’s vessels.

Terminal 2 dredging in late 2021, and removal of dock debris. (Stevens) 560
Port of Richmond
23 TERMINAL 2 RECOMMEND ATIONS
Based upon our knowledge of the site, we recommend prioritizing the following:

1. Complete the collapsed dock project by removing remnants on slope. We recommend budgeting $300,000.

2. Install shore power for vessels at berth. We recommend budgeting $2 million to complete this effort. The Port is working on securing grants.

TERMINAL 4 EXISTING CONDITIONS AND RECOMMENDATIONS
Terminal 4 is generally shown in Figure 3 and is located north of Point Molate . The Port has leased this facility to master tenant Nematode Holdings. The tenant has worked to remove refuse from the area since occupying. The City and the State Coastal Conservancy (SCC) have partnered for the Wharf Removal Project at Terminal Four . The project includes the removal of creosote-treated piles, deteriorated wharf decking, and various structures . SCC has provided funding, led the early design and environmental review phases, and awarded the City a $6.9 million grant to complete the project . Demolition began in June 2023, and contractors are working to finish within the current construction season. If all the pilings aren't removed from the bay floor, the project may extend into the 2024 season.

Terminal 4: 100-year-old wooden dock pilings and warehouse. (State of California Coastal Conservancy) 561
Port of Richmond
24 FIGURE 3
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Port of Richmond
25 SEAPORT PLAN UPDATE
In 2019, BCDC began a public process to update the Seaport Plan, which expired in 2020. For the Port of Richmond, the preliminary recommendations to take to BCDC include the following elements:

 Remove historical structure and graving docks from Port priority, as they are part of Rosie the Riveter World War II Home Front National Historical Park.
 Revise policies on the plan calling for a container terminal at Point Potrero Marine Terminal.  Change terminal designations from container to dry bulk and/or neo bulk. This is more consistent with the use of roll-on/off ships.

In 2020 the BCDC commission prioritized a process a decision on the Oakland Waterfront Ballpark District at Howard Terminal. The Seaport Plan update was deferred for all Bay Area ports during this time. In 2023, BCDC resumed 2020 revisions and put the necessary items together for an updated draft. The draft Seaport Plan is scheduled for July 2023 to be heard by the Seaport Planning Advisory Committee (SPAC). The meeting will consider comments on the revisions to the draft plan and an environmental assessment that will evaluate environmental impacts of the project. Both will be considered for approval. Once approved, the draft plan will go to BCDC’s Commission .

The revised public hearing date for the draft Seaport Plan is scheduled for November 2023 during the Commission’s regularly scheduled meeting.

Proposed Port of Richmond Priority Use Areas in the new 2020 Seaport Plan. (BCDC) 563
Port of Richmond
26 PORT FINANCES
Charts below demonstrate the Port’s finances for FY 21/22 and estimated finances for FY 22/23. Exhibits 3 and 4 of this report includes a memo from the Land Econ Group and details the Port’s financial condition and outlook.

For Fiscal Year 21/22, the Port’s revenue total is $11.2 million. The following illustrates the Port’s share of revenue.

Source: City of Richmond Annual Comprehensive Financial Report (ACFR)

For Fiscal Year 21/22, the Port’s expenses total $4.4 million. The following illustrates the share of the Port’s expenses.

Source: City of Richmond Annual Comprehensive Financial Report (ACFR) Salaries and Benefits,
($1,015,124)
General &
Administrative,
$1,622,021
Maintenance,
$541,167
Depreciation,
$3,529,821
Interest Expense,
$168,873
Other, ($83,201)
FY2021-2022 PORT OF RICHMOND EXPENSES, $4.4M
Rental, $6,932,845
Service Charges,
$626,982
Lease Income,
$2,920,787
Interest Income,
$663,112
Other, $50,039
FY2021-2022 PORT OF RICHMOND REVENUES, $11.2M
564
Port of Richmond
27 Preliminary Fiscal Year 22/23, revenue forecast is at $11.7 million.

*Please note FY 22/23 numbers are not final. There are year-end entries that haven't taken place such as, depreciation expenses which trend at about $3.5 million in prior years.

Preliminary Fiscal Year 22/23, expenses forecast is at $2.1 million.

*Please note FY 22/23 numbers are not final. There are year-end entries that haven't taken place such as, depreciation expenses which trend at about $3.5 million in prior years.

Service Charges,
$2,988,808
Lease Income,
$7,889,683
Interest Income,
$353,960
Other, $496,250
FY2022-2023 PORT OF RICHMOND REVENUES, $11.7M
Rental Service Charges Lease Income Interest Income Other Salaries and Benefits,
$308,873
General &
Administrative,
$1,670,791
Maintenance, $124,349
Interest Expense,
($4,787) Other, $5,903
FY2022-2023 PORT OF RICHMOND EXPENSES, $2.1M
Salaries and Benefits General & Administrative Maintenance Depreciation Interest Expense Other 565
Port of Richmond
28 The Port anticipates continuing similar revenue with increases due to tenant leases, fulfill vacancies, and more revenue opportunities aligned with State and Federal efforts . Looking forward, the Port anticipates improving financial returns as following:

 Reduction in staff expenses
 Reimbursement of utility costs from tenants
 Market rate rent
 Shared rent revenue
 Acquisition of grants to fund capital improvement projects  Pursuit of lay berth and other revenue opportunities
 Tariff renewals

In 1977, the City provided the Port financing for construction of Terminal 3. On May 17, 2006, the Port and the City entered into an agreement and promissory note for payment of the loan, which was finalized on May 24, 2007. On October 15, 2013, City Council amended the loan agreement. In 2013, the Port owed the City about $17 million.

The amendment to the loan provides the following:

 Commencing in 2014, the Port will pay the City $150,000 annually until 2067.  The Port can pre-pay the loan with no prepayment penalty.  The Port will receive an annual credit for the berthing of the SS Red Oak Victory at PPMT. The value for this berthing in 2014 was about $127,000.
 The sale of any Port property, including Terminals 1 and/or 4, will offset and reduce the loan’s balance.  The Port will pay zero percent interest moving forward.

As of June 30, 2023, the Port has made payments to the City and owes the City $12.4 million.

An independent assessment of the Port’s finances over the last 8 years as well as the outlook can be found in Exhibit 3 and 4 prepared by Bill Lee of the Land Econ Group.

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Port of Richmond
29 ECONOMIC OPPORTUN ITIES AND THREATS
As previously discussed, renovations of PPMT into a state-of-the-art RO-RO facility provided an important economic asset for the Port of Richmond. Revenue generated from the automotive terminal will represent about 75% of the Port’s $10.7 million in revenue. Originally developed for Honda, the introduction of Subaru in 2015 adds almost $2.5 million in revenue to the City.

While Auto Warehousing Company (AWC) has stated that the facility is nearly at capacity, based upon our observations, we believe there could be additional vehicles managed and processed through PPMT. A small boutique manufacturer such as a Mazda or BMW that imports about 50,000 units could potentially be accommodated at PPMT, as well as heavy construction equipment, adding additional revenue.

The Port of Richmond and A WC are in competition to win the auto import busin ess. The Bay Area is a strategic location for importation due to its proximity to Japan, strong local market, and connection to major rail infrastructure to move commerce . The Port of Richmond faces competition from other Ports within the Bay Area such a s Port Benicia, which is owned and operated by AMPORTS. The site in Benicia features 645 acres, 140,000 square foot processing building, 2,400-foot-long deep-water berth, and rail access, which is ideal for auto processing. AMPORTS is leasing large acreage along the San Joaquin river to expand its operations along the wate rfront in both Antioch and Pittsburg.

The Port of Richmond offers many benefits over Benicia, Antioch, and Pittsburg with the principal being that the distance to the open ocean is less representing a decrease in both travel and Bar Pilot time. In addition, the depth of the Carquinez Strait is limited, which can require specific vessels to anchor until high tide. We estimate the added travel time can be up to one day, which represents a significant transportation cost.

To ensure PPMT remains competitive in the auto logistics market, we suggest the City actively engage with marine marketing opportunities and logistic consultants to receive feedback related to automobile shipping.

RICHMOND GREEN -BLUE NEW DEAL
The Richmond City Council adopted Resolution 88-21 to support the process of developing a Richmond Green-Blue New Deal (R -GBND) with the intention to support Just Transition to 21st Century jobs. The goal is to ensure that Richmond Communities are provided workforce opportunities that are environmentally sustainable on land (green economy) and sea (blue economy) while transitioning away from jobs dependent on fossil fuels. The City retained Appraccel, LLC to provide professional services to assist in the development and implementation of a community - driven workforce development plan using a R-GBND and Just Transition Framework. The Port can play a pivotal role incorporating key sectors of the blue economy as all -electric efforts become industry standard nationwide.

Renewable energy generation and electrification have the potential to provide career opportunities with high paying salaries and benefits.

Appracel, LLC, led by Justine Burt, has completed extensive community outreach including workgroups and presentations to local community organizations. Presentations were conducted for the following governing groups:
 Economic Development Commission
 Workforce Development Board
 Richmond Neighborhood Coordinating Council
 Richmond Bicycle and Pedestrian Commission.
567
Port of Richmond
30 To ensure that community is actively engaged and informed, staff tabled at community events and hosted three (3) Green-Blue Champions meetings, two (2) community workshops, three (3) workshops at Safe Return. A community survey was released to solicit feedback from the community and over 400 surv ey responses were submitted.

The consultant is currently in the process of drafting the gap analysis which will inform the draft Green -Blue New Deal Workforce Development Plan and Implementation Strategy. For more information on the Green-Blue New Deal Workforce Development Plan visit, https://www.ci.richmond.ca.us/4138/Green-Blue-New-Deal-and-Just-Transition.

OFFSHORE WIND AND ENERGY OPPORTUNITIES
Offshore wind is a critical component to achieving California’s goal of 90% clean energy by 2035. The U.S.

Department of the Interior, Bureau of Ocean Energy Management (BOEM), has authorized a study of California ports to support offshore wind development. BOEM contracted Moffatt & Nichol, marine engineer and consulting firm to produce the California Floating Offshore Wind Regional Ports Assessment. Richmond has participated in this study.

This study addresses the near-term needs and requirements of California ports to support floating offshore wind. It will also serve to support the California Assembly Bill (AB) 525 Strategic Plan that is due June 30, 2023 (Chiu 2021).

AB 525 Strategic Plan shall identify available port space and the necessary infrastructure investments to improve waterfront facilities for the floating offshore wind industry. The Port expects to support future opportunities and further studies related to sustainable energy generation from such sources as offshore wind and tidal electricity generation. BOEM website

STAFFING
The Port has the following positions:

 The Economic Development Director position was introduced at the end of 2022 and currently oversees six division including the Port.
 Executive Secretary I/II position has been filled as of April 2023.  Senior Business Assistance Officer position has been filled as of February 2022.  The Human Resources Department fulfilled a recruitment process for a Port Director. Expected start date in October 2023.

Port Director* Economic
Development Director
Operations/Marketing
Manager
Senior Business
Assistance Officer Executive Secretary I/II
568
Port of Richmond
31  Port Engineer is a contracted position by consultant, Robert Stevens of CSW|ST2.

Staff Member
Position
Number Title
Port Seeks to Fill
Position?
Jessie Filbert 120000007 Executive Secretary I/II Filled Xiaofeng Lucy Zhou 238100001 Port Marketing and Operations Manager Filled Nannette Beacham 411000001 Economic Development Director Filled Lizeht Zepeda 247500001 Senior Business Assistance Officer Filled Port Director October

The Port has leased most of its assets to long-term agreements. The Port is entering a phase of tenant management and maintenance of its facilities. Management of the Port is very active . The Economic Development Director provides oversight of the Port’s operations. Staff works closely with tenants and manages any inquiries, coordinates maintenance, inspects properties, negotiates lease renewals, amendments, revises annual tariff document, and guides new projects as they come. M onthly collection of rent payments is processed with the guidance of the Finance Department team . In December 2021 and April 2023, the Economic Development Department hired an Executive Secretary I , which has been filled , and Senior Business Assistance Officer , respectively. The Port is supported by one part-time consultant , Robert Stevens of CSW|ST2 , who provides engineering and technical support like drafting Request for Proposals (RFPs) and providing engineering guidance, technical grant assistance, and innovative sustainable opportunities for the Port. Additional staff is recommended, to perform various functions.

In addition, we suggest continuing the practice of retaining outside consultant expertise to manage the Port’s infrastructure, which historically requires about 8 to 16 hours per week.

The Port of Richmond is a member of the California Association of Po rts Authorities ( CAPA). The Port is one of eleven major deepwater ports that take part in CAPA activities. CAPA is important to the Port as they advocate the interests in maritime industry and follow port relate d assembly bills from the state and federal regulations . On February 15th, 2023, the Port of Richmond went to Sacramento to participate in Ports Day 2023, an annual day of advocacy which allows an opportunity to meet our represented policymakers. California Lieutenant Governor Eleni Kounalakis, Treasurer Fiona Ma, Controller Malia Cohen, Secretary of the California State Transportation Agency Toks Omishakin and other state policymakers support the tremendous impact California Ports have on driving the economy forward in an efficient, sustainable, and resilient way . In May 2023, staff, along with the Mayor , Mayor’s staff, and Councilmember Jimenez attended the Pacific offshore Wind Summit in Sacramento. The summit agenda explored issues critical for the success of the offshore wind industry in California. Panelist discussed how to stay on track to establish a sustainable floating wind industry and supply chain that will generate jobs and economic development.

PORT AUDIT
The Finance Department produced a Request for Proposal (RFP) for auditing services for the Port of Richmond.

Finance released the RFP in January 2023, and received one proposal from GPP Analytics. The last audit was 569
Port of Richmond
32 performed in 2011 by consultant Kevin W. Harper, CPA, and is available at the Port website HERE. This was an internal audit of Port activities and reviewed financial operations, efficiency, effectiveness, and organizational structure of the Port. The 2011 audit provided City management with recommendations for improvements. Exhibit 1 – Port Tenant Lease Information, provides a matrix showing 2011 findings and recommendations, and 2022 implementations the Port has taken to improve procedures and operations. In June 2023 the City Council approved the GPP Analytics contract and work is on the way with a kick-off meeting in July.

CONCLUSION
Over the last 20 years, the Port
of Richmond has transformed
itself from an aging World War
II era shipyard to commercially
viable terminals for maritime
industry. While the Port of
Richmond may not have the
economic might and size of the
Ports of Oakland or Long
Beach, it plays an important
role in meeting California’s
maritime needs. Furthermore,
we believe partnerships, grants,
and blue-green industry could
contribute to the future
success of the Port.

Additionally, marketing for lay
berth and specialized cargo
handling can increase revenue.

All assets require maintenance. In the last decade, the Port has completed many improvements to modernize.

However, as indicated in this report, there remains rehabilitation projects required to maintain all assets. Fortunately, there are federal grant funds available to support these improvements. We recommend pursu ing grant opportunities, especially as they pertain to shore power.

Finally, the Port represents an intangible value to the community , such as the Rosie the Riveter National Historical Park located at PPMT. The Graving Basins, which were used to construct Liberty and Victory Ships in W orld War II, are a historical asset , that if programmed properly , could be a visitor attraction similar to Dry Dock 1 at the Charleston Navy Yard Boston National Historical Park. Potentially, rehabilitating Graving Basin Number 5 that hosts the SS Red Oak Victory could draw visitors to the National Park. Proceeds received could provide partial long-term funding for the SS Red Oak Victory. Finally, hosting the Sea Scouts at PPMT provides an opportunity for the youth of Richmond and West Contra Costa County to learn maritime skills.

PPMT is part of the Rosie the Riveter National Historical Park. This could become a destination for visitors like the Boston National Historical Park if programmed properly. (Stevens)
570
Exhibit 1
Port Tenant Information

1 Port Leases – Matrix below shows current Port tenant information as of June 30, 2023 Port Tenant Map Key and Information
Map
Number

Location Tenant Rent Council Approval Lease
Expiration
Business
License
Business License
Expiration Date Insurance
1 PPMT Auto Warehouse Company
(AWC)
Tracked as
revenue
12/22/2020 for
second amendment 05/19/2026 4000-7579 12/31/2023 08/01/2024 2 PPMT Foss Maritime (finger only) $22,501.29 07/10/2018 02/28/2028 4000-0417 12/31/2023 03/01/2024 3 PPMT Marine Spill Response Corp
(MSRC) $31,905.54 01/01/1993 06/30/2043 4000-5122 12/31/2023 07/01/2024 4 PPMT Dutra Group $10,816
$7,030 05/23/2017 05/31/2027 4005-5569 12/31/2023 10/01/2023 5 PPMT NRC Environmental $5,300 09/12/2017 09/30/2027 4000-5875 12/31/2023 06/30/2024 6 PPMT Alcatraz Cruise $15,000 12/21/2021 10/14/2026 4006-1939 12/31/2023 12/31/2023 7 PPMT Richmond Museum Association
(Red Oak Victory) $1/year 07/10/2012 04/30/2033 4005-0628 12/31/2023 09/24/2024 8 PPMT Northland Nautical (Sea Scouts) $0 11/02/2021 03/30/2026 4006-2427 12/31/2023 05/22/2024 9 PPMT Riggers Loft $11,034.40 12/16/2014 12/31/2034 4005-2931 12/31/2023 08/05/2024 10 PPMT VACANT- General warehouse N/A
11 Terminal 2 California Oils (AAK) $40,810.54 04/05/2016 06/30/2026 4005-4966 12/31/2023 01/01/2024 12 Terminal 3 Terminal 3 Partners (IV1 1411
Harbour Way)
$38,133.33
$1.00 12/15/2020 12/15/2046 4006-3868 12/31/2023 11/01/2024 13 Terminal 4 Nematode Holdings $6,816.50 07/07/2020 06/30/2025 4005-2049 12/31/2023 06/24/2024 14 Terminal 4 Point San Pablo $786 06/15/2021 05/31/2029 4005-6357 12/31/2023 01/19/2024 15 PPMT VACANT– Basin 1 N/A
16 PPMT VACANT - Cafeteria N/A
2023 renewal notices have been mailed, due date for the 2023 business tax is July 2023.

Port Leases are posted on the City Leases webpage link here: City Leases | Richmond, CA - Official Website 571
Exhibit 1
Port Tenant Information

2 2
3 15
4 5
6 7 & 8
9 10
Point Potrero Marine Terminal PPMT (5) (6) (7)
former Historic Shipyard 3
Zoned for: Industrial, Water-Related Zoning

16 572
Exhibit 1
Port Tenant Information

3 Terminal 2 and Terminal 3
Zoned for: Industrial, Water-Related Zoning

11 12
573
Exhibit 1
Port Tenant Information

4 13
14 Terminal 4
Zoned for: Open Space

574
Exhibit 1
Port Tenant Information

5 Port Request for Proposals (RFP)
Project Title Department Posted Due Date Notified Total Bidder Total Marina Bay Yacht Harbor Entrance Channel Maintenance Dredging Port 03/07/2011 3:58:06
PM 04/07/2011 1:30:00 PM 134 4
Destruction of the Terminal 3 Container Cranes Port
07/17/2014
10:50:32 AM 08/04/2014 5:00:00 PM 135 1
Support Permitting of Dredging at the Pt Potrero Marine Terminal RFP Port 02/25/2016 9:44:01
AM 03/10/2016 4:00:00 PM 707 2
Lease Of The General Warehouse At The Point Potrero Marine Terminal Port 03/28/2017
12:35:16 PM 04/28/2017 2:00:00 PM 1031 5
LEASE OF THE CAFETERIA BUILDING (BUILDING 23) AT THE POINTPOTRERO MARINE TERMINAL Port
05/15/2018 9:02:20
AM 06/28/2018 2:00:00 PM 1667 1
LEASE OF THE CAFETERIA BUILDING (BUILDING 23) AT THE POINT POTRERO MARINE TERMINAL Port
03/22/2019
10:52:08 AM 04/25/2019 2:00:00 PM 912 0
FENCE REPAIR Port
10/10/2019 4:54:29
PM 10/17/2019 5:00:00 PM 612 1
PORTABLE BUILDING DEMOLITION Port
10/25/2019 3:47:06
PM 11/05/2019 5:00:00 PM 762 1
AREA LIGHTING ASSESSMENT Port
01/03/2020
11:14:18 AM 01/16/2020 5:00:00 PM 576 1
REQUEST FOR PROPOSAL for LEAK REPAIR Port
01/03/2020 1:43:19
PM 01/16/2020 5:00:00 PM 765 1

PROFESSIONAL SERVICES AGREEMENT TO SUPPORT PERMITTING OF DREDGING AT TERMINAL 2 Port
07/01/2020
12:54:57 PM 07/16/2020 2:00:00 PM 647 2
FENCE INSTALLATION Port
07/06/2020
12:37:21 PM 07/17/2020 2:00:00 PM 529 1
PORT OF RICHMOND MASTER LEASE OF TERMINAL 3 Port
08/07/2020
12:45:51 PM 08/28/2020 4:00:00 PM 544 1
FENCE INSTALLATION AT TERMINAL 3 Port
08/13/2020 4:25:49
PM 08/26/2020 2:00:00 PM 532 1
REQUEST FOR PROPOSAL - SEA SCOUTS BERTH IMPROVEMENTS Port 10/06/2020 4:58:27
PM 10/29/2020 2:00:00 PM 474 1
RIGGERS LOFT NATURAL GAS CONVERSION Port
11/25/2020 4:11:09
PM 12/10/2020 2:00:00 PM 173 1
REQUEST FOR PROPOSAL – BATHYMETRIC SURVEY Port
01/31/2022 3:47:33
PM 02/18/2022 2:00:00 PM 245 3
REQUEST FOR PROPOSAL – ON CALL ELECTRICAL SUPPORT Port
10/11/2022 1:14:31
PM 11/18/2022 2:00:00 PM 298 1
575
Exhibit 1
Port Tenant Information

6 The Port of Richmond follows the City of Richmond’s procurement process, there are some cases where there is not a formal Request for Proposal (RFP). For Port Terminal 4 the City did not do an RFP process. In 2020 the City Council served as the final decision maker to approve a Terminal 4 lease with Nematode Holdings, LLC. Details of this decision are below:

Port of Richmond Terminal 4
 Nematode Holdings, LLC submitted to the City an unsolicited proposal; the item went to City Council for approval on July 7th, 2020.
 No RFP
 Staff Report dated 6.20.20, went to 7.7.20 council meeting  Lease start date 7.1.20

July 7, 2020 Council Meeting Minutes item G-3 for Terminal 4:

Meeting Minutes for item G-3 – The matter to approve a five-year Lease Agreement with Nematode Holdings, LLC. And the Port of Richmond for Terminal 4, sub-leasing for general equipment storage and other waterfront uses and caretaker services was presented by Port Director, Jim Matzorkis. The following individuals gave comments by telephone or email: Jim Hanson, Sally Tobin, and Bruce Beyaert. Discussion ensued. A motion was made by Vice Mayor Bates, seconded by Councilmember Myrick, to approve the item. A substitute motion was made by Councilmember Martinez, to approve the deal with the stipulation that it go out to bid. The motion died for lack of a second. The original motion passes by the following vote: Ayes: Councilmembers Choi, Johnson III, Myrick, Vice Mayor Bates, and Mayor Butt. Noes: Councilmember Martinez. Absent: Councilmember Willis. Abstain: None.

Link to City Council documents:
http://sireweb.ci.richmond.ca.us/sirepub/cache/2/yggs0rispcemqgvcacsg2ecl/59586111012022021543469.PDF Link to audio: https://richmond.granicus.com/MediaPlayer.php?view_id=30&clip_id=4750

576
Exhibit 1
Port Tenant Information

7 Sample Monthly Rent Roll – June 2023
Below is a monthly sample of the Port’s rent roll that is drafted by staff and reviewed and finalized by finance staff who collects the port rent.

577
Exhibit 1
Port Tenant Information

8 Tenant Subleases – The City/Port lease agreements do not require tenants to provide copies of sublease agreements. The City does provide permission for subtenants to be on premises. Below is a list of sub leasers as of June 2023.

Map
Number Tenant Location Sublease
1 Auto Warehouse Company (AWC) none
2 Foss Maritime none
3 Marine Spill Response Corp (MSRC) none
4 Dutra Group none
5 NRC Environmental none
6 Alcatraz Cruise none
7 Richmond Museum Association (Red Oak Victory) none
8 Northland Nautical (Sea Scouts) none
9 Rigger’s Loft PPMT

1. Carica Wines

2. Prima Materia

3. Wachira Wines

4. Far West Cider Co.
10 PPMT VACANT – General Warehouse
11 California Oils (AAK) Terminal 2 none
12 Terminal 3 Partners (IV1 1411 Harbour Way) Terminal 3 1. Sause Brothers 13 Nematode Holdings Terminal 4

1. Claybirds

2. Got Junk

3. Hipcamp

4. Good Hot
Various Space and short-term rentals
14 Point San Pablo Terminal 4 Various Space rentals
15 PPMT VACANT– Basin 1 N/A
16 PPMT VACANT - Cafeteria N/A

578
Exhibit 1
Port Tenant Information

9 Compliance with internal controls, procedures, and governmental rules and regulations and performance – Since a 2011 Port audit the Port has taken findings and improved procedures and internal controls for operations and future strategic planning. 2011 Findings and Recommendations 2022 Implementations Port Staff Assigned to Task Organizational Structure -
The City should consider establishing an autonomous port authority to manage the port in a matter to make it more competitive with other ports
The Port has joined the California Association of Port Authorities (CAPA). The purpose is to promote just and reasonable business practices among port authorities in the State of California. CAPA meets, discuss, exchange information, and agree on matters relating to their respective operations, facilities, services, and other matters, with the shared goal of fostering economic growth and providing greater economic benefits to Member Ports and the shipping public.

Lizeht Zepeda, Senior
Business Assistance Officer
Property Management -
The City should hire or engage a property manager to develop detailed plans to maximize return on investment to the City for each parcel; renew current leases having lower than market rate; develop and prioritize a list of needed facility improvements; secure financing to improve facilities; lead the global Environmental Impact Report the Port has initiated
While the Port currently does not have a property manager, Port staff has worked in collaboration with an outside contractor, CSW|ST2, to ensure that facility improvements are being done, and that appropriate budgeting for these improvements is being considered. In addition, Port staff has created a shareable document where they are tracking leases, to ensure that lease renewals are taking place in a timely and efficient manner.

Lilia Corral, Management
Analyst
Lizeht Zepeda, Senior
Business Assistance Officer
Shane Johnson, Senior
Administrative Analyst
Robert Stevens, CSW|ST2
Consultant/Engineer
Loans Payable to the City -
The City should locate and document the specific services provided to the Port that led to the $8,762,397 of loans. For any portion of the loans of which documentation is not available, the City and Port should remove the related loan amount from their accounting. the City and Port should determine the Port's ability to repay the loans. the city should recalculate the amount of interest due on the outstanding balance since its inception based on a consistent and defensible methodology.

The City Council amended the loan agreement on 10/15/13. As of 2013, the Port owed the City about $17 million. The amendment to the loan provides the following:
• Commencing in 2014, the Port will pay the City $150,000 annually until 2067.
• The Port can pre-pay the loan with no prepayment penalty. • The Port will receive an annual credit for the berthing of the Red Oak Victory at PPMT. The value for this berthing in 2014 was about $127,000. • The sale of any Port property including Terminals 1 and/ or 4 will offset and reduce the loan’s balance.
• The Port will pay zero percent interest moving forward.

As of June 2021, the Port owes the City approximately $13.1 million.

Finance Department
579
Exhibit 1
Port Tenant Information

10 Lay berth Vessels -
The Port should appoint a security officer, develop and security plan, and submit it to the Coast Guard for review.

Currently, all lay berths are done by Port tenants. Port tenants report the lay berths/dockage to Finance on an occurrence basis.

Finance Department
Tenant Agreements -
the Port should obtain signed copies of each active tenant agreement.

It should negotiate lease amendments to include an escalation clause as each agreement expires. The City should verify the status and purpose of the Surplus Property Authority. Port operating personnel should study the AWC leases to assure thorough understanding of their complexities and gain both City management and City attorney interpretations as necessary.

Port admin staff obtained signed copies of each active tenant agreement, uploaded them to the City of Richmond P:Drive, and notified Finance of all leases. Port admin staff has also ensured all extensions have been confirmed in a timely manner by establishing City templates to send to tenants. Most recently, Port staff met with Finance to discuss the AWC lease and amendment to ensure comprehension.

Lilia Corral, Management
Analyst
Lizeht Zepeda, Senior
Business Assistance Officer
Finance Department
Financial Reporting -
The City should determine the most appropriate format, level of detail and basis of accounting to depict Port operations. This format should be used for every Port financial report or presentation.

Port financials are reflected in the City's Annual Comprehensive Financial Report (ACFR)
Finance Department
Security Deposits -
the Port should develop written procedures for security deposits, including: circumstances a deposit is required, and how the amount is determined, include requirement for a security deposit in the standard lease agreement, maintain a separate listing of security deposits, account for security deposits in the general ledger, conduct annual reconciliation of security deposits to the general ledger, circumstances and method used to refund deposits, amount of time Port will wait before writing off unrefunded deposit
In Progress as knew leases are created. Lizeht Zepeda, Senior Business Assistance Officer
Certificates of Insurances -
The Port should obtain certificates of insurance from each tenant demonstrating the appropriate coverages, limits and effective dates.

They should develop and implement procedures to assure that certificates of insurance are obtained when new tenants move in and each year thereafter upon expiration of each policy.

Port staff has established with all tenant contacts and has reached out to ensure that all tenants have updated certificates of insurances as well as business licenses. In addition, Port admin staff has created a shareable document on Teams where business licenses, insurance, and rent increases are checked monthly.

Lilia Corral, Management
Analyst
Goals and Operating Statistics -
The Port should clearly link its strategic goals to its key objectives each year. The goals should be very specific and measurable enough to know when they have been accomplished. The Port should also revise Port staff has established their goals for Fiscal Year 2022-2023:

1. Manage Port-owned leases to ensure compliance

2. Establish internal processes to ensure maximum financial benefits and comply with governmental mandates
Lizeht Zepeda, Senior
Business Assistance Officer
580
Exhibit 1
Port Tenant Information

11 its success indicators to assure that they are meaningful, cost- beneficial to father, and accurate. It is better to have a small number of meaningful successful indicators than a large number that are not important or hard to interpret.

3. Find opportunities to increase Port revenue with existing resources

4. Create a Port marketing plan

5. Develop an efficient online lay berth form to help increase revenue Reduce health risks from the operations at the Port since the adoption of the Port of Richmond Clean Air Action Plan
Financial Procedures -
The Port should identify and document its significant financial procedures, except for any existing City procedures that are adequate to address Port activities. Procedures should include those tasks required to be performed by Port employees for all of the main business transactions.

Port staff and managerial staff have established financial several procedures for the Port. Firstly, a rent roll process has been established where admin staff creates the monthly rent roll and management staff reviews and approves it. The monthly rent roll is then sent to Finance, where an additional approval process takes place to ensure that no errors were made in the rent roll. On the first of every month, Finance generates invoices for all Port tenants with their rent. For invoicing, Port staff has standardized internal processes, having all invoices being sent to Accounts Payable (AP).

Once AP sends notification of the invoice, Port admin staff seeks approval from the supervising project manager/management staff to ensure services were provided. After approval, admin staff processes the invoice for payment.

Lilia Corral, Management
Analyst
Lizeht Zepeda, Senior
Business Assistance Officer
Shane Johnson, Senior
Administrative Analyst
Operating Procedures -
The Port should identify its major operating procedures. These procedures may include property management, disaster planning, communication with tenants, communication with tenants, tenant move-in and move-out, tenant background checks, security, budgeting and related monitoring, capital project planning and funding.

Port staff has identified their major operating procedures as property management, communication with tenants, budget and related monitoring, capital improvement project planning and funding. Port staff has created a shareable document to track all tenants in terms of leases, CPI increases, tenant contact information, insurance, business license, etc. In addition, Port staff holds monthly meetings to check in on statuses of tenants, contracts, and pending projects. Port staff has also closely monitored the Port Budget and has planned for capital improvement projects with outside contractor, CSW|ST2.

Lilia Corral, Management
Analyst
Lizeht Zepeda, Senior
Business Assistance Officer
Shane Johnson, Senior
Administrative Analyst
Robert Stevens, CSW|ST2
Engineer/Consultant
Marina Dredging Project -
The City should estimate the cost of Port management and staff time on the Marina dredging project. This amount should be included in the budget for reimbursement to the Port.

Costs for the Marina Bay dredging project were budgeted for in fiscal year 2010-2011, with $2,100,000 allocated for the project. The project was put out for bids in February 2011, and was granted to Salt River Construction Corporation, with the contract being executed that same year. In September 2012, Port staff requested a self-audit from Salt River Construction Corporation to determine compliance with labor provisions of the dredging contract. For fiscal years
N/A - previous staff

581
Exhibit 1
Port Tenant Information

12 582
Exhibit 2
Environmental Information
.
1 The City of Richmond owns and operates Terminals 2, 3, and the Point Potrero Marine Terminal (PPMT). The other port facilities along the Santa Fe and Harbor Channels are owned by private operators. Many of these facilities began operations before the City regulated the land use. When a property owner proposes a new use, they must apply to the City’s Planning Department. Planning reviews these application for consistency with the City’s policies including the California Environmental Quality Act (CEQA) The following summarizes current CEQA reviews within the area over the last 20 years.

1. Port of Richmond : Honda Port of Entry
 Environnemental Impact Report (EIR), Volume I
 EIR, Volume 2
 Final EIR

2. Richmond Terminal Neat Ethanol Project
 Initial Study

3. Svendsen’s Bay Marine West Yard
 Initial Study Mitigated Negative Declaration (ISMND)

4. Port of Richmond: Terminal 3 Log Processing and Export Facility (Project canceled)
 ISMND, 2016
 ISMND, 2017

5. IMTT: Tank Installation Project
 Initial Study /Mitigation Negative Declaration
 Initial Study Mitigation Negative Declaration Addendum

1 4
3 2
5 583
Exhibit 2
Environmental Information
.
2 In addition, the City has completed technical studies for the channel area related to noise, as shown in the following.

Noise Monitoring of Port Operation Impacts to the Bayfront Community Memorandum, October 25, 2021: This memo presents a Technical Noise Assessment for the existing operations at the Levin Richmond Terminal (Coal Terminal privately owned) in the Richmond Port (Port) in the City of Richmond (City). Operations from other nearby commercial and industrial uses were also monitored and assessed in order to distinguish and/or account f or other potential sources of noise, besides port activities, that could elicit complaints.

Climate Air Action Plan (CAAP)
The goal of the Port of Richmond Clean Air Action Plan (CAAP) is to develop and recommend feasible, cost-effective strategies and programs to reduce air emissions and health risks from operations at the Port of Richmond. , while allowing port development to continue bringing revenue and jobs to the City of Richmond. This CAAP builds and expands upon the Honda Port of Entry CAAP by: 1) encompassing the Port of Richmond public facility, including the Point Potrero Marine Terminal (PPMT); 2) accounting for new state, federal and international regulations of ocean‐ going vessels, harbor craft, trucks, rail and cargo‐handling equipment operating at California Ports; and 3) identifying specific grant funding and low‐cost financing available to the Port from the federal, state and regional agencies for goods movement, air quality and energy efficiency improvements.

In 2015 the Port provided a follow-up report 2015 CAAP progress report. The goal of the Report was to provide Richmond residents, city officials and other interested parties with an update on the progress that has been made on reducing air emissions and health risks from operations at the Port of Richmond since the adoption of The Port of Richmond Clean Air Action Plan in 2010.

The Port has not updated their CAAP since 2015. Under AB 32 (The Global Warming Solutions Act of 2006), the California Air Resources Board (CARB) must release an updated Climate Change Scoping Plan at least every five years. 2022 will be the fourth update. Staff plan to bring the Port to compliancy and will make the needed process to be in compliance.

Additionally, staff is in the process of refining information on Transparent Richmond that lists all businesses in the Port Priority Use Area the link is a draft of a map to be refined as we gather more information: https://www.transparentrichmond.org/dataset/Port-Map/j3nz-994z

584

MEMO – PORT OF RICHMOND FINANCIAL CONDITION AND OUTLOOK To: Shasa Curl, City of Richmond From: Bill Lee, Land Econ Group RE: Overview of the Port of Richmond’s Financial Condition and Outlook Date: March 7, 2023 __________________________________________________________________________________ INTRODUCTION The City of Richmond requested that the Land Econ Group (LEG) provide a brief overview of the financial condition and outlook for the Port of Richmond. With this memo, the LEG provides the requested overview. This memo is an update of a similar memo submitted on October 26, 2022. ROLE OF THE PORT The US Department of Transportation Bureau of Transportation Statistics provides a report to Congress on activities at the major ports in the country. Based upon the latest available 2019 report, which is based upon 2018 statistics, the Port of Richmond ranks as one of the top 25 US ports in one of three measures. The three measures are: • Overall cargo tonnage, • Container cargo as defined by 20-foot equivalent units (TEUs), and • Dry bulk cargo tonnage. Richmond ranked within the top 25 only in overall cargo tonnage; earning a ranking of 24th for 2018 (Figure 1). The Ports of Houston and New Orleans/South Louisiana dominated overall cargo tonnage. The Port of South Louisiana handles by far the largest volume of dry bulk cargo because of its location at the mouth of the Mississippi River. The Ports of Long Beach and Los Angeles handled more containers as compared to other ports by a large margin. 585

2 Figure 1: Total Cargo Tonnage Handled by Top 25 US Ports Within Northern California, the Port of Oakland dominates the container business. The Port of Richmond complements Oakland by concentrating on liquid bulk cargo and automobiles from “roll-on and roll-off” ships. It does not compete in the container business. Richmond has served the Chevron refinery for many decades. Chevron imports crude oil and exports refined petroleum products like gasoline, diesel, jet fuel, fuel oil and lubricating oils. The import and temporary storage of Honda and Subaru automobiles represents Richmond’s largest source of revenue. The Port of Benicia competes for the automobile business because it has substantially more land, but its longer distance from the Golden Gate places it at a transit time and therefore cost disadvantage. As illustrated in Figures 2 through 5, Richmond’s overall tonnage ranged between 25 and 29 million short tons during the 2015 to 2018 period. Petroleum products, as measured by weight, dominated its cargo volume. Two-thirds of its volume was international cargo with only one-third being domestic. Of the international trade, nearly three quarters was imports versus one-quarter exports. 586

28.5 24.7

27.8 27.3
0 5
10 15
20 25
30 2015 2016 2017 2018
Figure 2: Total Throughput Millions of Short Tons

8.9 18.4
Figure 4: Cargo Mix 2018 in Short Tons
Domestic International
Figure 3: Commodities Profile 2018
Crude Petroleum Fuel Oil Gasoline
Residual Fuel Oil Coal & Lignite All Others

13.5 4.9
Figure 5: Mix of International Cargo 2018 Short Tons

Imports Exports
587

PORT REVENUE AND EXPENSES Over the past seven years, the financial profile of the Port can be summarized by fairly flat revenue and significantly declining expenses. From FY 2016 through FY 2021, Port revenue has remained is the vicinity of $10.5 million but expenses have declined precipitously from $11.1 million in FY 2016 to $6.3 million in FY 2021. During this past fiscal year, revenue increase to $11.2 million as newer and more aggressively negotiated leases began to show their results while expenses fell to $4.8 million primarily due to a one-time credit adjustment of over one million dollars to salaries and benefits resulting from over retention of pension liabilities and other post employment benefits. The surplus from Port operations for FY 2021-22 was slightly in excess of $6.4 million (Table 1), and much of this surplus is transferred to the General Fund. Table 1: Port of Richmond Revenue and Expenses Trend by Fiscal Year The adopted budget for FY 2023 is very similar to the actual performance achieved in FY 2020 with revenues at $10.3 million, expenses at $7.8 million for an operating surplus of $2.5 million. As detailed in Table 2, the major revenue items are the automobile leases to Honda and Subaru and lease revenue generated by the Pt. Potrero Marina Terminal. The largest expense items include depreciation and general and administrative costs. For a City Department that generates over $11 million in annual revenue, staff costs are less than five percent of revenue. The surplus for FY 2022-23 will almost certainly be less than the $6.4 million achieved this past year because the large one-time credit adjustment will not be repeated. 2016 2017 2018 2019 2020 2021 2022
Revenue
Rental 6,932,845
Service Charges 2,631,766 2,649,167 2,852,569 2,905,128 2,761,584 2,800,099 626,982 Lease Income 7,421,299 7,533,185 7,691,234 7,682,406 7,689,168 7,809,710 2,920,787 Interest Income 12,947 11,344 52,987 154,332 57,222 3,719 663,112 Settlements 501,000
Other 27,354 425 36,443 41,695 3,309 94,215 50,039 Total Operating Revenue10,594,366 10,194,121 10,633,233 10,783,561 10,511,283 10,707,743 11,193,765 Expenses
Salaries and Benefits 694,471 895,338 591,049 721,313 485,030 449,534 (1,015,124) General & Administrative2,278,144 2,077,409 1,994,000 2,052,829 2,387,570 1,636,961 1,622,021 Maintenance 1,778,312 454,317 1,559,527 407,532 14,082 294,062 541,167 Depreciation 3,510,058 4,077,251 3,775,336 3,573,847 3,570,911 3,544,329 3,529,821 Interest Expense 2,868,084 2,586,938 2,329,249 2,050,789 1,275,087 330,437 168,873 Other 3,928 10,851 8,392 21,451 12,093 - (83,201) Total Operating Expenses11,132,997 10,102,104 10,257,553 8,827,761 7,744,773 6,255,323 4,763,557 Surplus or Deficit (538,631.00) 92,017.00 375,680.00 1,955,800.00 2,766,510.00 4,452,420.00 6,430,208.00 Source: City of Richmond Finance Department
588

5 Figure 6: Port Operating Revenue and Expenses by Fiscal Year Table 2: Port of Richmond Detailed Adopted Budget for FY 2022-23

$-
$2.0
$4.0
$6.0
$8.0
$10.0
$12.0
FY 2016FY 2017FY 2018FY 2019FY 2020FY 2021FY 2022
RevenueExpenses
Revenue FY 22-23Expenses FY 22-23
Honda Storage Rental $50,000 Honda Revenue Share $250,000 Subaru Storage Rental $128,000 Subaru Revenue Share $250,000 Honda Lease Revenue $4,700,000 Legal Services $60,000
Subaru Lease Revenue $2,900,000 Director/Staff Travel Expenses $100 AAK Rental Income $466,406 Publications & Dues $18,021 Dock Wharage Fees $235,669 Fees and Permits $5,000
Terminal 3 Partners $440,012 Office Supplies $5,200
Nematode Holdings $81,798 Equipment Rental $7,000
Pt. Potrero Marina & Others $1,326,574 Telephone Services & Booster WiFi $16,000 Utilities Cost Recovery $20,000 Wireless Alarm System $6,000 Contract Services - Railroad Monitoring$16,000
Total Revenue $10,348,459 Port Insurance $40,000
General Liability Ins (Allocated) $26,728
Staff Costs (Allocated) $449,435
Debt Service Principal Payment $4,270,000
Debt Service Interest Payment $416,500
Bond Administration Fee $4,200
Professional Services - Consulting $370,000
Utilities - Water, PG&E & EBMUD $345,600
Public Works Misc Services $25,000
Contract Maintenance Services $750,000
Maintenance & Upgrades $500,000
Operating Surplus $2,517,675 Total Expenses $7,830,784 Source: City of Richmond
589

6 PORT FUTURE OUTLOOK The Port’s revenue versus expense outlook remains positive in the short to intermediate term. The Port concluded several new lease agreements that typically include upward adjustments due to inflation. Alcatraz Tours has expanded to lease both sides of Basin 4 of the Point Potrero Marine Terminal, and the Port has secured three times the previous rent. On the expense side, staff cost and general & administrative expenses appear to be well controlled. Over the longer timeframe, the Port of Richmond faces some challenges and enjoys some opportunities. The future of the Port is very much tied to the petroleum and automobile industries. They are industries in transition as battery electric vehicles replace gasoline and diesel-powered cars and trucks, and as lower cost producers replace higher cost ones. What the Japanese did to the US and European auto industries starting some 40 years ago, the South Koreans are now doing to the Japanese and the second line European and US auto manufactures. In another ten to 20 years, the Chinese may be exporting low cost and competitive quality electric vehicles to the US. The Port should use these transitions in the auto industry as an opportunity and strive to accommodate additional automobile lines. Facing limited land area, the economics of parking decks may be explored with the private sector investment in return for lower lease payments. The Port of Richmond has enjoyed a long-standing relationship with the Chevron refinery and research facility. As the automobile industry moves away from gasoline and diesel, induced by government policy at many levels, the Chevron refinery may face an existential threat. In the intermediate term the refinery could focus more on jet fuel and LNG; however, the Port of Richmond needs to think strategically about the financial implications of a much smaller petroleum industry in 15 to 20 years. 590

591

MEMO – PORT OF RICHMOND FINANCIAL CONDITION AND OUTLOOK To: Shasa Curl and Lizeht Zepeda, City of Richmond From: Bill Lee, Land Econ Group RE: Overview of the Port of Richmond’s Financial Condition and Outlook Date: September 1, 2023 __________________________________________________________________________________ INTRODUCTION The City of Richmond requested that the Land Econ Group (LEG) provide a brief overview of the financial condition and outlook for the Port of Richmond. With this memo, the LEG provides the requested overview. This memo is an update of a similar memo submitted on March 9, 2023. ROLE OF THE PORT The US Department of Transportation Bureau of Transportation Statistics (BTS) provides a report to Congress on activities at the major ports in the country. Based upon the 2019 report, which is based upon 2018 statistics, the Port of Richmond ranked as one of the top 25 US ports in one of three measures. The three measures are: • Overall cargo tonnage, • Container cargo as defined by 20-foot equivalent units (TEUs), and • Dry bulk cargo tonnage. Richmond ranked within the top 25 only in overall cargo tonnage; earning a ranking of 24th for 2018 (Figure 1). The Ports of Houston and New Orleans/South Louisiana dominated overall cargo tonnage. The Port of South Louisiana handles by far the largest volume of dry bulk cargo because of its location at the mouth of the Mississippi River. The Ports of Long Beach and Los Angeles handled more containers as compared to other ports by a large margin. Our updated research into the same BTS source published in January of 2023 indicated that the Port of Richmond is no longer in the top 25 in any of the three measures. Therefore, similar but more recent data is not available for the Port of Richmond. 592

2 Figure 1: Total Cargo Tonnage Handled by Top 25 US Ports Within Northern California, the Port of Oakland dominates the container business. The Port of Richmond complements Oakland by concentrating on liquid bulk cargo and automobiles from “roll-on and roll-off” ships. It does not compete in the container business. Richmond has served the Chevron refinery for many decades. Chevron imports crude oil and exports refined petroleum products like gasoline, diesel, jet fuel, fuel oil and lubricating oils. The import and temporary storage of Honda and Subaru automobiles represents Richmond’s largest source of revenue. The Port of Benicia competes for the automobile business because it has substantially more land, but its longer distance from the Golden Gate places it at a transit time and therefore cost disadvantage. As illustrated in Figures 2 through 5, Richmond’s overall tonnage ranged between 25 and 29 million short tons during the 2015 to 2018 period. Petroleum products, as measured by weight, dominated its cargo volume. Two-thirds of its volume was international cargo with only one-third being domestic. Of the international trade, nearly three quarters was imports versus one-quarter exports. 593

28.5 24.7

27.8 27.3
0 5
10 15
20 25
30 2015 2016 2017 2018
Figure 2: Total Throughput Millions of Short Tons

8.9 18.4
Figure 4: Cargo Mix 2018 in Short Tons
Domestic International
Figure 3: Commodities Profile 2018
Crude Petroleum Fuel Oil Gasoline
Residual Fuel Oil Coal & Lignite All Others

13.5 4.9
Figure 5: Mix of International Cargo 2018 Short Tons

Imports Exports
594

PORT REVENUE AND EXPENSES Over the past seven years, the financial profile of the Port can be summarized by flat to recently growing revenue and significantly declining expenses. From FY 2017 through FY 2021, Port revenue remained is the vicinity of $10.5 million but expenses declined precipitously from $11.1 million in FY 2016 to $6.3 million in FY 2021. During the past two fiscal years, revenue has climbed to $11.2 million in FY 2022 and an estimated $11.7 million in 2023 as newer and more aggressively negotiated leases began to show their results. In FY 2022 expenses fell to $4.8 million primarily due to a one-time credit adjustment of over one million dollars to salaries and benefits resulting from over retention of pension liabilities and other post employment benefits. The surpluses from Port operations for the past three fiscal years averaged $5.6 million per year (Table 1), and much of this surplus was transferred to the General Fund. Table 1: Port of Richmond Revenue and Expenses Trend by Fiscal Year The major revenue items are the automobile leases to Honda and Subaru and lease revenue generated by the Pt. Potrero Marina Terminal. The largest expense items include depreciation and general and administrative costs. For a City Department that generates over $11 million in annual revenue, staff costs are less than five percent of revenue. The surplus for FY 2023 is estimated to be less than the $6.4 million achieved in FY 2022 because the large one-time credit adjustment will not be repeated. However, the surplus will still be substantial and is estimated to be $5.9 to $6.0 million. 2017 2018 2019 2020 2021 2022 2023*RevenueRental 6,932,845 Service Charges 2,649,167 2,852,569 2,905,128 2,761,584 2,800,099 626,982 2,988,808 Lease Income 7,533,185 7,691,234 7,682,406 7,689,168 7,809,710 2,920,787 7,889,683 Interest Income 11,344 52,987 154,332 57,222 3,719 663,112 353,960 SettlementsOther 425 36,443 41,695 3,309 94,215 50,039 496,250 Total Operating Revenue10,194,121 10,633,233 10,783,561 10,511,283 10,707,743 11,193,765 11,728,701 ExpensesSalaries and Benefits895,338 591,049 721,313 485,030 449,534 (1,015,124) 376,873 General & Administrative2,077,409 1,994,000 2,052,829 2,387,570 1,636,961 1,622,021 1,670,791 Maintenance 454,317 1,559,527 407,532 14,082 294,062 541,167 199,349 Depreciation 4,077,251 3,775,336 3,573,847 3,570,911 3,544,329 3,529,821 3,517,321 Interest Expense 2,586,938 2,329,249 2,050,789 1,275,087 330,437 168,873 (4,787) Other 10,851 8,392 21,451 12,093 - (83,201) 15,903 Total Operating Expenses10,102,104 10,257,553 8,827,761 7,744,773 6,255,323 4,763,557 5,775,450 Surplus or Deficit 92,017$ 375,680$ 1,955,800$ 2,766,510$ 4,452,420$ 6,430,208$ 5,953,251$ * Preliminary estimates
Source: City of Richmond Finance Department
595

5 Figure 6: Port Operating Revenue and Expenses by Fiscal Year PORT FUTURE OUTLOOK The Port’s revenue versus expense outlook remains positive in the short to intermediate term. The Port concluded several new lease agreements that typically include upward adjustments due to inflation. Alcatraz Tours has expanded to lease both sides of Basin 4 of the Point Potrero Marine Terminal, and the Port has secured three times the previous rent. On the expense side, staff cost and general & administrative expenses appear to be well controlled. Over the longer timeframe, the Port of Richmond faces some challenges and enjoys some opportunities. The future of the Port is very much tied to the petroleum and automobile industries. They are industries in transition as battery electric vehicles replace gasoline and diesel-powered cars and trucks, and as lower cost producers replace higher cost ones. What the Japanese did to the US and European auto industries starting some 40 years ago, the South Koreans are now doing to the Japanese and the second line European and US auto manufactures. In another few years, the Chinese may be exporting low cost and competitive quality electric vehicles to the US, as they are already penetrating the Australian market. The Port should use these transitions in the auto industry as an opportunity and strive to accommodate additional automobile lines. Facing limited land area, the economics of parking decks may be explored with the private sector investment in return for lower lease payments. Encouraged by State policies, the City leadership has expressed interest in hosting a manufacturing facility for floating wind turbines intended for wind farms off the California coast. However, a more detailed examination of its costs, risks and opportunity costs should be undertaken before such a project proceeds even if there are State and/or Federal subsidies available. $-
$2.0
$4.0
$6.0
$8.0
$10.0
$12.0
$14.0
FY 2016FY 2017FY 2018FY 2019FY 2020FY 2021FY 2022FY 2023* RevenueExpenses
596

6 The Port of Richmond has enjoyed a long-standing relationship with the Chevron refinery and research facility. As the automobile industry moves away from gasoline and diesel, induced by government policy at many levels, the Chevron refinery may face an existential threat. In the intermediate term the refinery could focus more on jet fuel and LNG; however, the Port of Richmond needs to think strategically about the financial implications of a much smaller petroleum industry in 15 to 20 years. 597

November 7, 2023

Economic Development

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Nannette Beacham, Director of Economic Development
Lizeht Zepeda, Senior Business Assistance Office
Subject:

Amend the Port of Richmond Federal Maritime
Commission (FMC) Tariff No.3
FINANCIAL IMPACT: The Port will generate additional vessel dockage, wharfage, storage, and other revenue, which will
increase the Port’s overall operating revenues. Last
year’s increase was a two percent (2%) general rate
increase, and this year’s proposed six and two-tenths
percent (6.2%) general rate increase will keep the Port competitive with other ports in the Bay Area.

PREVIOUS COUNCIL
ACTION:

October 18, 2022

STATEMENT OF THE
ISSUE:

The Port of Richmond is seeking a six and two-tenths
percent (6.2%) general rate increase (GRI) to the Port of Richmond Federal Maritime Commission (FMC) Tariff
No. 3 and an annual Consumer Price Index (CPI) rate
adjustment. The effective date for the adjustment shall be July 1, 2023. The Port of Richmond will maintain a
competitive position in relation to the other California West Coast ports, while maximizing revenues and
staying competitive.

RECOMMENDED ACTION: ADOPT a resolution to amend the Port of Richmond FMC Tariff No. 3 reflecting a six and two-tenths percent (6.2%) general rate increase (GRI) to the Port of Richmond
Federal Maritime Commission (FMC) Tariff No. 3 and an
annual Consumer Price Index (CPI) rate adjustment as
approved by the Executive Committee of the California
Association of Port Authorities (CAPA) – Economic
Development Department (Lizeht Zepeda 510-620-6653).

AGENDA
REPORT
598

November 7, 2023

DISCUSSION:

Since 2015, the California Association of Port Authorities (CAPA) Executive Director drafts a Letter of Memorandum (Attachment 5) each year to the Committee on Tariffs and Practices (Executive Committee) to consider a General Rate Increase (GRI). This policy, allowing all ports in the State of California, a Consumer Price Index for All Urban Consumers (CPI-U) change for the twelve-month period ending in December of each year. This policy allows for ports to stay competitive. Member ports of CAPA include:
the ports of Humbolt, Los Angeles, Long Beach, San Diego, Hueneme, Redwood City, West Sacramento, San Francisco, Oakland, Stockton, and Richmond.

Ports in the Executive Committee approved the port’s Federal Maritime Commission (FMC) Tariffs and the annual Consumer Price Index (CPI) rate adjustment. The GRI is applied on July 1 of each year, or in accordance with fiscal calendars.

The Port of Richmond submitted a docket proposal GRI (Attachment 2) to the CAPA Executive Committee on June 20, 2023. The docket proposal includes a six and two- tenths percent (6.2%) GRI to the Port’s Federal Maritime Commission (FMC) tariff number three (Attachment 1) and an annual CPI rate adjustment. The port of Richmond docket was unanimously approved by CAPA members (Attachment 3) on the same date.

The next step is to have the City Council approve a resolution (Attachment 4) amending the annual 2023 tariff increase. The Port will generate additional vessel dockage, wharfage, storage, and other revenue, which will increase the Port’s overall operating revenues. Last year’s increase was a two percent (2%) general rate increase, and this year’s proposed six and two-tenths percent (6.2%) general rate increase will keep the Port competitive with other ports in the Bay Area. Any tariffs due between July 1, 2023 through November 7, 2023 will be retroactively assessed the appropriate six and two- tenths percent (6.2%) GRI.

DOCUMENTS ATTACHED:

Attachment 1 - Revised 2023 Port of Richmond Tariff FMC No. 3 Attachment 2 - California Association of Port Authorities Docket Proposal Attachment 3 - Email from CAPA Approved Docket Proposal with Table Attachment 4 - Resolution 2023
Attachment 5 - CAPA CPI-U 2023 Memo

599

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
1 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 0. A TITLE

EFFECTIVE: 10/21/99 FILING: 10/21/99

CITY COUNCIL OF THE CITY OF RICHMOND
TARIFF NO. 3
NAMING

RATES, CHARGES, RULES AND REGULATIONS
APPLYING AT:

MUNICIPAL TERMINALS
OF

THE CITY OF RICHMOND, CALIFORNIA

ISSUED BY: PUBLISHED BY:

SHASA CURL Descartes

CITY MANAGER

CITY HALL
RICHMOND, CA 94804 TELEPHONE: 412-788-2466
TELEPHONE: 510-215-4600 EMAIL
EMAIL: [email protected]
600

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
2 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34. TERMINAL TARIFFS

EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)

SEE SUBRULES
601

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
3 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.01 SECTION 1 – DEFINITION OF TECHNICAL TERMS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

ITEM 01100 ASSEMBLED CARGO
Any commodity or commodities, from one shipper to one consignee, moving on one vessel.

ITEM 01105 BULK CARGO OR IN BULK OR IN BULK
Commodities, which by nature of their unsegregated mass, are usually handled by shovels, scoops, buckets, forks, magnets, or mechanical conveyers, and which are loaded or unloaded and carried without wrappers or containers and received and delivered by carriers without transportation mark or count. (Will not apply when subject to piece count).

ITEM 01110 CAPTAIN OF THE PORT
U.S. Coast Guard Officer Commanding a Captain of the Port (Marine Safety) Zone as specified in 33 CFR Part 3.60. The Captain of the Port Zone for San Francisco comprises the land masses and waters of California North of Santa Barbara, Kern and San Bernardino Counties and selected parts of Nevada and Utah. For the purposes of this tariff, the Captain of the Port is the Captain of the Port Zone for San Francisco.

ITEM 01115 CAR LOADING AND CAR UNLOADING SERVICES
Indirect Transfer. The services performed in loading or unloading cargo between wharf premises and railroad cars. The services include ordinary breaking down, sorting and stacking.

Direct Transfer. The operation of transferring cargo with vessel’s gear, shore side crane or other mechanical equipment in a direct or continuous movement between vessel or vessel’s equipment and open top railroad car or other vehicle.

ITEM 01120 CITY COUNCIL
(a) The City Council of the City of Richmond, a municipal corporation of the State of California, also herein referred to as the Port of Richmond, and shall be understood as being interchangeable with the term “City of Richmond, the said Council being the legislative body of said city with authority to set for and represent it in all matters pertaining to the operation and governing of the Port and its facilities. The Port Director is and shall be in respect to the matters herein 602

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
4 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.01 SECTION 1 – DEFINITION OF TECHNICAL TERMS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

mentioned the chief executive and administrative officer of such Council. Whenever the term “Port Director” is used in this tariff, it shall include their duly automated designee. (b) Wherever the terms “Port of Richmond” or “Port” appear in this tariff such terms shall mean the City of Richmond, the City of Richmond City Council, and the officers, employees, and agents of the City of Richmond.

ITEM 01125 CORRELATION OF FEDERAL MARITIME COMMISSION DEFINITIONS Section 533.6 (d) of Part 533, Subchapter B, Chapter IV of Title 46 CFR (General Order 15) contains definitions of certain terminal services. Pursuant to the provisions of Section 533.6 (a) of said Part, the definitions of Section 533.6 ( d ) and the correlated definitions contained in this tariff are as follows:

FEDERAL MARTIME COMMISSION PORT OF RICHMOND

533.6 (d) (1) (Dockage) 01135
533.6 (d) (2) (Wharfage) 01220
533.6 (d) (3) (Free Time) 01140
533.6 (d) (4) (Wharf Demurrage) 01230
533.6 (d) (5) (Wharf Storage) 01235

ITEM 01130 DIRECT
A continuous operation between barge, car or truck and vessel when performed by vessel’s stevedores.

ITEM 01135 DOCKAGE
The charge assessed against a vessel for berthing at a wharf, pier, or bulkhead structure, or bank or for mooring to a vessel so berthed.

ITEM 01140 FREE TIME
The specified number of days during which merchandise may occupy space assigned to it without being subject to wharf demurrage or storage charges.
603

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
5 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

Rule: 34.01 SECTION 1 – DEFINITION OF TECHNICAL TERMS -

Effective: 03/01/94 Filing: 02/09/94 (C)

ITEM 01145 HAZARDOUS MATERIALS
For the purpose of this tariff, Hazardous Materials and/or Dangerous Cargoes are defined as materials which have been designated by the U.S. Department of Transportation (DOT), The International Maritime Organization (IMO), the City of Richmond Fire Chief, Captain of the Port or any other Federal, State or Municipal regulatory agency, as capable of posing a risk to health, safety or property when transported or stored, or which qualify as hazardous by reason of their characteristics and as dangerous and/or hazardous and referenced in the governing publications listed in Item 03125.

ITEM 01150 HOLIDAYS

The following days (See Note)
January 1st New Year’s Day
January 15th known as “Martin Luther King’s Birthday”
February 12th known as President’s Day
July 4th Independence Day
July 28th known as “Harry Bridges” Birthday
The First Monday in
September
September 9th known as “Admission Day”
The Second Monday in
October known as “Indigenous Peoples Day”
The Fourth Monday in
October known as “Veteran’s Day”
Thanksgiving Day
December 24th known as Christmas Eve
December 25th known as Christmas Day
December 31st known as New Year’s Eve Day
And any other legal holiday that may be proclaimed by State or Federal authority.

NOTE: When any holiday falls on Sunday, the Monday following will be observed as the holiday. 604

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
6 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

ITEM 01155 INBOUND MERCHANDISE
That which is being or has been discharged from a vessel.

ITEM 01160 MERCHANDISE

Includes, but is not limited to merchandise, commodities, goods, wares, freight, liquids, articles and materials of every kind whatsoever, including bulk materials, cargo containers as described in Item 01210 of Port of Richmond Tariff No. 3, live animals, vessel’s stores, supplies and bunkers.

ITEM 01165 OCP TERRITORY - (OVERLAND COMMON POINTS)
OCP Territory is defined as origins or destinations in the United States located in North Dakota, South Dakota, Nebraska, Colorado, New Mexico and States east thereof and points in Canada east of the Saskatchewan/Manitoba Boundary Line.

ITEM 01170 OUTBOUND MERCHANDISE
That which is being or has been assembled and is awaiting loading to a vessel.

ITEM 01175 PACKAGE
The producer’s or manufacturer’s type of packaging which may be used to contain merchandise. The package may be a carton, bag, barrel, drum, crate, bale, box, bundle, pail, flask or basket. Merchandise may be conveyed in its package or as packages in a “Cargo Van” (defined in item 01210) or as Unitized Cargo (defined in Item 01205).

ITEM 01180 PIPELINE
In items made subject to this Item the rates specified will apply only when the commodity involved is handled through a stationary pipeline direct between vessel and shore storage facilities or private loading or unloading facilities.
605

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
7 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

ITEM 01185 PORT DIRECTOR
Whenever this tariff gives or vests in the Port Director power or authority to do or perform any act, the designee shall have like power and authority, and any action taken by the designee under or pursuant to this tariff shall be of the same force and effect as if taken by the Port Director.

ITEM 01190 SERVICE CHARGE
Whenever the terms “Service Charge” or “Service Charges” appear in this tariff, such terms shall be deemed to mean “Service and Facilities Charges” as provided in Item 05100.

ITEM 01195 TON
(a) The term “Weight Ton means 1,000 kilograms, gross weight, unless otherwise specified.
(b) The term “Measurement Ton” means one (1) cubic meter, unless otherwise specified.

Measurement Tons may be based on Water Carrier cargo freight bills and/or ship’s manifest or computed by using the full outside dimensions on all sides of the package, unless otherwise specified.
(c) The term “Revenue Ton” when used as a basis for assessing charges or recording tonnage, is defined as either a weight ton (1,000 kilograms), a measurement ton (1 cubic meter), or commodity rate factor ton or combination thereof.

ITEM 01200 TRANSFERRED CARGO
Cargo received at the Port of Richmond terminal from rail car, truck or other land vehicle and removed from a Port of Richmond terminal by rail car, truck, or other land vehicle.

ITEM 01205 UNITIZED CARGO
Cargo secured to pallets, platforms, or skids, when the individual component shipping packages are banded or otherwise securely held together to form a single unit that has been prepared by 606

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
8 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

the shipper, in order to facilitate weighing not less than 2,000 pounds nor more than 4,500 pounds and which can be handled with mechanical equipment. The weight of the pallets, platforms or skids will be excluded when computing the weight on which charges are assessed.

ITEM 01210 VANS, CARGO OR CONTAINERS
“Cargo Vans” or “Containers” shall mean a single rigid non-disposable, intermodal dry cargo, insulated, refrigerated, flat, liquid tank or open-top container, demountable, having not less than 6.37 cubic meters capacity, certified and marked in accordance with international regulatory conventions, furnished or approved by an ocean carrier specifically and primarily for the ongoing transport of merchandise aboard its vessels.

ITEM 01215 WHALE-BACKS
Whale-backs mean carrier’s specially constructed steel pallets, suitable for mechanical forklift handling.

ITEM 01220 WHARFAGE
A charge assessed against the merchandise (see Item 08100), calculated in accordance with the wharfage charges named in this tariff for passage of that merchandise onto, over, through or under wharves or wharf premises (see below changed Item 01225), or between vessels or overside vessels (to or from barge, lighter, or water) when berthed at wharves or wharf premises, or when moored in a slip adjacent to a wharf or wharf premise. Wharfage is solely the charge for use of wharves or wharf premises and does not include charges for any service or facility.

(continued on next page)
607

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
9 ISSUED BY: EXECUTIVE DIRECTOR

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RULE: 34.01 SECTION 1 – DEFINITIONS OF TECHNICAL TERMS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

ITEM 01225 WHARF AREA (PREMISES)
The term “wharf area” as used in this tariff is defined to mean any pier, wharf, bulkhead, bulkhead wharf, quay wharf, seawall, seawall structure, embankment, thoroughfare and other Port terminal facility areas, alongside of which vessels may lie or which are suitable for and are to be used in the loading, unloading, assembling, distribution or handling of merchandise.

ITEM 01230 WHARF DEMURRAGE
The change assessed against merchandise which remains on the wharf premises after the expiration of the free time allowed.

ITEM 01235 WHARF STORAGE
The charge assessed against freight after expiration of free time when it has been declared and accepted for storage. Declaration and acceptance for storage may be upon either a daily or monthly basis at the discretion of the port facility.

ITEM 01240 CLASSIFICATION OF TRADES
For the purpose of applying certain rates and provisions of this tariff, vessels and the cargo which they handle are classified according to trades in which the vessels are engaged and the cargo transported (See Note 1). Such classifications are as follows:

(continued on next page)
608

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RULE: 34.01 SECTION 1 - DEFINITION OF TECHNICAL TERMS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

Alaskan- This classification covers Service Between the Port of Richmond and Ports in Alaska.

Coastwise - This classification covers Service between the Port of Richmond and Ports located on the Pacific Coast in California, Oregon, Washington and British Columbia.

Hawaiian - This classification covers Service between the Port of Richmond and Ports in the Hawaiian Islands.

Inland Waterway – This classification covers Service between the Port of Richmond and Points on San Francisco Bay and inland waterways tributary thereto, but not via Pacific Ocean.

Intercoastal - This classification covers Service between the Port of Richmond and Ports in the Continental United States on the Gulf of Mexico or the Atlantic Coast, including ports in Puerto Rico.

Transpacific – This classification covers Service between the Port of Richmond and Ports west of 170th Meridian of West Longitude and east of 40th Meridian of East Longitude.

Foreign – This classification covers Service between the Port of Richmond and Points other than described above.

Offshore – This classification covers Service between the Port of Richmond and Other than Coastwise and Inland Waterway.

Note 1: When transshipment is submitted for direct call of vessel the charge on cargo so handled shall be the same as that applicable to cargo handled on direct vessels. 609

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
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EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

ITEM 01245 METRIC CONVERSION TABLE
When freight charges are computed by the vessel using the metric system and are shown on the manifest on the basis of either weight (metric tons of 2204.6 pounds) or measurement (cubic meters of

35.315 cubic feet), the metric tons shall be converted to measurement tons of 40 cubic feet using the conversion factors shown below:

To find Metric Tons given Short Tons, Multiply Short Tons by 0.9072 To find Short Tons given Metric Tons, Multiply Metric Long Tons by 1.1023 To find Metric Tons given Long Tons, Multiply Long Tons by 1.0160 To find Long Tons given Metric Tons, Multiply Metric Tons by 0.9842 To find Kilos given Pounds, Multiply Pounds by 0.4536
To find Pounds given Kilos, Multiply Kilos by 2.2046
To find Cubic Meters given Measurement Tons, Multiply Measurement Tons by 1.1332 To find Measurement Tons given Cubic Meters, Multiply Cubic Meters by 0.0283 To find Cubic Meters given MFBMs (Ft. B.M. in thousands), Multiply MFBMs by 2.36 To find MFBMs (Ft. B.M. in thousands) given Cubic Meters, Multiply Cubic Meters by 0.4243

Metric Equivalents:
1 Kilo = 2.2046 Pounds
1 Pound = 0.4536 Kilos
1 CWT (US – 100 Pounds) = 45.359 Kilos or 0.4536 Metric 1 CWT (British - 112 Pounds) = 50.802 Kilos or 0.0508 Metric Tons 1 Bushel Grain (US) = 60 Pounds = 27.216 Kilos
1 Cubic Meter = 35.315 Cubic Feet
1 Cubic Foot = 0.0283 Cubic Meters
1,000 Ft. B.M.= 423.792 Ft. B.M.
1 Cubic Meter = 423.792 Ft. B.M.
1 Barrel (US - 42 Gallons) = 158.987 Liters

ITEM 02100 APPLICATION OF RATES, RULES AND REGULATIONS
Except as otherwise provided in individual items, the applicable rates, charges, rules and regulations under this tariff shall be those in effect at the time the charges accrue. 610

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
12 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.02 SECTION 2 - GENERAL RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 03/01/94 (C)

ITEM 02105 APPLICABILITY OF RATES AND CHARGES
The Port Director reserves the right to interpret and determine the applicability of the rates provided for herein and to assess the charges or fees in accordance with any such interpretation and determination, and the Port Director reserves the right to determine the applicability of any rule or regulation as provided herein and to enforce any such rule or regulation in accordance with any such interpretation or determination.

ITEM 02110 COMPLIANCE WITH GOVERNMENT REGULATIONS
Any users of the Port Terminals shall at all times, at their own expense, operate or use the Port premises in a clean, wholesome and sanitary condition and in compliance with any and all present and future laws, ordinances and general rules or regulations related to sanitation, pollution or public health, safety or welfare and shall obey and comply with all applicable laws, rules and regulations adopted by federal, state, local or other governmental bodies or departments or officers thereof.

ITEM 02115 DEMMURAGE ON CARS
Unless the Port or the individual terminal operator is directly responsible for delay in loading or unloading cars, neither the Port nor the terminal operator will assume any responsibility for demurrage charges which may accrue against such cars.

ITEM 02120 ESTIMATED WEIGHTS – PETROLEUM AND PETROLEUM PRODUCTS When not shipped in containers, and when actual weight or specific gravity is not obtainable, Kerosene and lighter Petroleum Products shall be subject to estimated weight of 6.6 pounds per gallon; all other Petroleum Products shall be subject to estimated weight of 7.4 pounds per gallon.

ITEM 02125 INSURANCE
Users shall procure and maintain at their expense, or, upon its failure to do so, Port of Richmond may at the expense of user obtain and keep in force at all times during the terms of the agreement the following insurance:
(1) Public Liability and Property Damage. Broad form comprehensive public liability and property damage insurance with users normal limits of liability but not less than One Million Dollars ($1,000,000.00) for injury or death to one person, One Million Dollars ($1,000,000.00) for each accident or occurrence 611

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
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RULE: 34.02 SECTION 2 - GENERAL RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 03/01/94 (C)

(continued from previous page)
Involving property damage. Each such policy shall contain an endorsement stating:
(i) Notwithstanding any inconsistent statement in the policy to which this endorsement is attached, or any endorsement or certificate now or hereafter attached hereto, it is agreed that the Port of Richmond, Council of the City of Richmond, their officers, agents and employees, are additional insureds hereunder, with the provision that such coverage will not extend to that percentage portion of the action resulting from the Port’s own negligence, and that coverage is provided for all operations, uses, occupations, acts and activities of the insured under agreement and/or this Tariff, and any amendments, modifications, extensions, or renewals of any agreement under this Tariff, regardless of whether such operations, uses, occupations, acts and activities occur on the premises or elsewhere within the Port of Richmond, and regardless of whether liability is attributable to the insured, or the additional insured, or a combination of both;
(ii) The policy to which this endorsement is attached shall not be cancelled or reduced in coverage until after the Port Director has been given sixty (60) days’ prior written notice by registered mail addressed to Port Operations, P.O. Box 4046, Richmond, CA 94804;
(iii) The coverage provided by the policy to which this endorsement is attached is primary coverage and any other insurance carried by Port of Richmond is excess coverage.
(2) Fire Legal Liability. In addition to and concurrently with the aforesaid insurance coverage, users shall also secure and maintain, either by an endorsement thereto or by a separate policy, fire legal liability insurance with a minimum limit of Twenty-Five Thousand Dollars ($25,000.00) covering legal liability of user for damage or destruction to the works, structures, and improvements owned by Port of Richmond; provided, that said minimum limit of shall be subject to adjustments by Port Director to conform with the deductible amount of the fire insurance policy maintained by Port of Richmond upon thirty (30) days’ prior written notice thereof to user at any time during the term of this agreement.
(3) Fire and Extended Coverages Insurance. User shall secure, and shall maintain at all times during the life of any agreement, under this tariff, fire and extended coverage insurance with waiver of 612

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
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RULE: 34.02 SECTION 2 - GENERAL AND RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 03/01/94 (C)

(continued from previous page)

subrogation in favor of Port covering ninety percent (90%) of the replacement value of the works, structures, and improvements erected by users on the premises, with such provision in the policies issued to cover the same, or in riders attached thereto as will provide for all losses over $50,000 to be payable to the Port of Richmond to be held in trust for reconstruction. In the event of loss or damage by fire to any of such structures or improvements, users shall undertake replacement or reconditioning within said period of ninety (90) days, such proceeds shall be released by the Port of Richmond to user as payments are required for said purposes. Upon the completion of such replacement or reconditioning to the satisfaction of the Port Director, any balance thereof remaining shall be paid to said user forthwith. In the event user fails to undertake such replacement or reconditioning within said period of ninety (90) days, such proceed shall be retained by Port of Richmond.
(4) Notice of Cancellation. Each insurance policy above shall provide that it will not be cancelled or reduced in coverage until Port of Richmond has been given sixty (60) days’ prior written notice by registered mail addressed to Port Operations, P.O. Box 4046, Richmond, CA 94804. (5) Copies of Policies. One certified copy of each policy shall be furnished Port of Richmond, and the form of such policy shall be subject to the approval of the Port Director. (6) Renewal of Policies. At least sixty (60) days prior to the expiration of each policy, users shall furnish to the Port Director a certificate or certificates showing that the policy has been renewed or extended or, if new insurance has been obtained, one certified copy of each new policy shall be furnished to the Port Director. If users neglect or fail to secure or maintain the required insurance, or if user fails to submit copies thereof as required above, Port of Richmond, may at its option and at the expense of user, obtain such insurance for user. (7) Modification of Coverage. The Port Director, at his discretion based upon recommendation of independent insurance consultants to Port of Richmond, may increase or decrease amounts and types of insurance coverage required hereunder at any time during the term hereof by giving ninety (90) days’ prior written notice to user.

ITEM 02130 LIGHTS AT NIGHT
All vessels, barges, etc. while anchored or moored in the Port of Richmond Harbor must show lights in accordance with applicable federal, state, and municipal laws, rules and regulations. 613

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
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RULE: 34.02 SECTION 2 - GENERAL RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

ITEM 02135 MANIFESTS AND STATEMENTS
(a) The owner, agent, master or other person in charge of a vessel or cargo, not later than 45 days after the date of the vessel’s departure from any terminal or facility shall deliver to the Port Director a full and correct statement, signed and certified on forms furnished by the Port Director, of all merchandise of every kind discharged from and/or loaded on such vessel at such terminal or facility, specifying the character and quantity of each kind of such merchandise, as per this tariff, and such other information as may be specified on such forms, including, but not limited to, the total number of vans discharged and/or loaded. (b) The owner, agent, master or other person in charge of a vessel or cargo shall within the time specified in Paragraph (a) of this item, furnished to the Port Director those portions of the vessel’s manifest and other documentation that are reasonably necessary in the determination of the Port Director to verify the information provided in said paragraph. The Port Director reserves the right to audit all manifests and to use such audits as a basis for charges. Tariff charges based on supplemental reports or audits shall be subject to delinquency payments specified in this tariff.
(c) A steamship line shall, upon request of the Port Director, provide to the Port full and complete copies of that line’s tariff(s).

ITEM 02140 NON-LIABILITY FOR LOSS OR DAMAGE
(a) The Port will not be responsible for loss or damage caused by fire, frost; heating; leakage; evaporation; natural shrinkage; wastage or decay; animals; rats; mice or other rodents; moths; weevils or other insects; leakage or discharge from fire protection system; breakdown of plant, machinery or equipment; floats, logs, or piling required in breasting vessels away from wharves or piers; dampness; riots or strikes of any persons in its employ or in the service of others or for any consequences arising therefrom; insurrection; war; shortage of labor; insufficient notification; the elements, or any causes unavoidable or beyond its control and in particular (but without limitation) the Port will not be responsible for loss or damage to goods or property which are stored in open or uncovered areas.
(b) In instances in which the terminal’s negligence causes or contributes to the cause of any liability as set forth in this item or any other item in this tariff, the obligation to exculpate or indemnify 614

PORT OF RICHMOND
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RULE: 34.02 SECTION 2 - GENERAL RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

and hold harmless the terminal pursuant the item shall be limited to that portion of the liability on a percentage basis, which is not attributable to the terminal’s negligence.

ITEM 02145 NON LIABILITY FOR SHIPPER’S FAILURE TO RESERVE SPACE OR CARRIER’S FAILURE TO

LOAD GOODS
The Port will not be liable for less, damage or delay arising from failure of the shipper to arrange for space on the transporting vessel, or from the failure of any carrier to load and transport good on the particular date or vessel designated by the shipper or owner of such goods. In the event of any such failure, such goods shall be held subject to all of the applicable charges and provisions of this tariff.

ITEM 02150 PAYMENT OF CHARGES
(A) Use of the Port terminals or facilities by any person pursuant to this tariff shall constitute acceptance of the provisions of this tariff and on agreement upon the part of such user that he is responsible for and shall pay all charges assessed in accordance with this tariff. (B) All charges for services rendered or for the use of any terminal facility are due and payable as they are incurred. The Port Director may, at his discretion, require that charges, which are assessed against the vessel, its owners, operators, or agents be paid before the vessel leaves its berth. The Port Director may also require that charges accrued against cargo be paid before delivery of such cargo from the terminal.
(C) For the purpose of enforcing the payment of charges named in this tariff, on cargo handled over or stored on municipal facilities, the Port may take possession of such cargo and may remove and store the same at the risk and expense of the owner or consignee thereof or may sell the goods at public auction or thereof or may sell the goods at public auction or pursue such other remedies as may be provided by law.
(D) All charges that remain due and unpaid for a period of forty-five days (45) after they are incurred shall be subject to a delinquency payment, for violation of this item and for damages, equal to six one hundredths of one percent (.06%) of said charges per day for each day from a date forty-five (45) days after they are incurred until the charges have been paid. Said delinquency payment is in addition
615

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
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RULE: 34.02 SECTION 2 - GENERAL RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

to all other remedies that the Port may have that are provided by this tariff or otherwise by law to enforce payment of charges that have been incurred and have not been paid.

ITEM 02155 PENALTY FOR UNAUTHORIZED USE OF PORT FACILITIES No person shall collect any toll, wharfage, dockage or other tariff charge, or land ships at or remove any property upon or from any of the wharves, piers, docks, landings or other facilities owned or operated by the Port without being authorized by it to do so. Any person, vessel, or its owners, agents or operators using any unassigned wharf or other wharf area without first securing an assignment thereof from the Port shall be subject to the specific tariff charges named herein.

1. Vessels shall not engage in activities (including, without limitations, spray painting, sand blasting, blowing of stack, funnels or exhaust pipes, or other releases of particulate matter) on land or at sea that creates a significant risk of injury or damage to the premises or property owned or possessed by any tenant or its customers or which otherwise may materially interfere with the tenant’s or customer’s operations in the Port of Richmond.

ITEM 02160 PERSONS ON BOARD VESSELS TO ACT ON ORDERS TO PORT DIRECTOR (a) Vessels must at all times have on board at least one person in charge with authority to take such action in any emergency as may be demanded by the Port Director. (b) A vessel must shift or go into the stream at its own expense, when so ordered by the Port Director, who shall have the power to enforce removal at the expense of the vessel.

ITEM 02165 REMOVAL OF PERISHABLE OR UNDESIRABLE CARGO OR MATERIALS (a) The Port Director may, at his discretion, cause the removal of perishables, cargo which is liable to damage other cargo, bulky freight or other undesirable cargo or material, with or without notice, to another location within the terminal or facility or to private facilities at the risk and expense of the owner.
(b) The assignee under a wharf assignment or space assignment with the Port is responsible for removal of rubbish, dunnage and other waste material from the assigned area; otherwise it will be removed by the Port Director’s Designee at the expense of the assignee. 616

PORT OF RICHMOND
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RULE: 34.02 SECTION 2 - GENERAL RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C )

(continued from previous page)
ITEM 02170 RESPONSIBILITY FOR CHARGES TERMS AND CONDITIONS OF PAYMENT Use of Port facilities or service is conditioned upon satisfactory assurance to the Port that applicable charges will be paid when due. All charges are due and payable as they accrue or on completion of service or use.

The Port may require payment of charges in advance as follows:

1. By the vessel, its owners or agents before vessel is assigned a berth and commence its loading or unloading operations.

2. By the cargo owner, shipper or consignee before cargo leaves the custody of the terminal.

3. For all charges on perishable cargo or cargo of doubtful value and household goods.

Payment terms are cash unless the Port customer, prior to the use of Port facilities or services, has established credit worthiness or has posted adequate security acceptable to the Port and has thereby been relieved of cash payment requirements by the Port.

The provisions of this rule shall govern the terms of payment by, and liability of an agent acting on behalf of a disclosed principal for charges owing from said principal as a user or port facilities, not withstanding any other provisions to the contrary in this tariff or in any form issued pursuant to this tariff or any form issued pursuant to this tariff.

ITEM 02175 SHIPPERS’ REQUESTS AND COMPLAINTS
(a) Requests and complaints from shippers on matters relating to the rates, rules and regulations contained in this tariff must be made to the Port Director. (b) The Port of Richmond is a member of the California Association of Port Authorities, 1510-14th Street, Sacramento, California 95814. A shipper may refer to the Association any request or complaint not satisfied by the Port of Richmond by submitting all available data in writing to the Association.

ITEM 02180 SPECIAL WATCHMEN SERVICE
(a) When, due to rules and regulations of Federal, State, or Local authorities, the Port Director is requested or required to provide Special Watchman Service in connection with cargo moving through its facilities, the Port Director may arrange for and assess the cost of such watchman service to the carrier handling such cargo.
617

PORT OF RICHMOND
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RULE: 34.02 SECTION 2 - GENERAL RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C )

(continued from previous page)

(b) When Special Watchman Service is requested by the carrier, shipper, or consignee, in connection with cargo being handled at the terminal, the Port Director may arrange for and assess the cost of such Watchman Service to the party requesting the service.

ITEM 02185 USE OF HANDLING EQUIPMENT
(a) The user will provide all necessary operators and perform all stevedoring. (b) The user will provide buckets, electromagnets, spreaders, and other supplemental equipment which may be required.
(c) The user will perform all necessary rigging and unrigging of buckets, electromagnets, spreaders, and other supplemental equipment at his own expense.
(d) Maximum rated capacity will not be exceeded.
(e) Handling equipment is presumed to be in good operating condition when turned over to user, but the Port of Richmond does not warrant the mechanical condition thereof. The Port of Richmond will not be responsible for delays caused user by breakdown of equipment, by shut- off of electric current, or other causes. The Port of Richmond reserves the right to stop operation of the equipment at any time to require repairs that appear, in the opinion of the Port Director, to be necessary.
(f) Handling equipment turned over to user is under user’s supervision, direction, and control, and user assumes sole responsibility and liability for injury to or death of any person or damage to or destruction of property, including employees and property of the Port of Richmond, incident to, arising out of, or cause by user’s possession, use or operation of handling equipment and shall protect, indemnify and save harmless the Port of Richmond, the Council, and their officers and employees from and against any and all suits, claims, demands, loss, expense and liability of any kind or nature whatsoever for said injury to or death of persons or damage to or destruction of property, and that may be, in whole or in part, incident to, arise out of, or be caused, directly or indirectly, through negligence or otherwise by the user’s possession, use or operation of said handling equipment, whether by user, its officers, agents or employees, or by any person or persons acting with the knowledge and consent, express or implied of user, and the use of handling equipment shall constitute acceptance and acknowledgement by the user of this 618

PORT OF RICHMOND
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EFFECTIVE: 03/01/94 FILING: 03/01/94 (C )

liability and obligation. In instances in which the Port’s negligence causes or contributes to the cause of any such liability as hereinabove set forth, user’s obligation to exculpate or indemnify and hold harmless the Port pursuant to this item shall be limited to that portion of the liability, on a percentage basis, which is not attributable to the Port’s negligence. (g) All persons desiring to use handling equipment, shall, as far in advance of the date of use, nature and quantity of cargo to be handled, and the estimated length of use and nature of use.

Users will be scheduled for the equipment in the order of their applications, but the schedule will be modified as necessary for the Temporary Wharf Assignments by the actual availability of a vessel at the berth and by the availability of cargo in port area. User shall, in the use of equipment, conduct its operations expeditiously and shall cease use and return the equipment to the control of the Port of Richmond without delay upon conclusion of the authorized use thereof. The Port Director reserves the right to order the user to cease use of the handling equipment immediately whenever, in his opinion, the user is not using said handling equipment in accordance with the terms of the assignment, or whenever necessary for the best interests of the port. The Port of Richmond will not be responsible for delays to vessels, land transportation equipment or cargo for any cause whatsoever. Whenever another vessel is standing by, awaiting the use of a berth where handling equipment is located, the vessel on berth will be required to work overtime at her own expense until loading or discharging has been completed.

Any vessel on berth which refuses to work overtime shall vacate the berth upon order of the Port Director. When a vessel loses her right to a berth by refusing to work overtime, such vessel will forfeit her turn and go to the bottom of the list of vessels scheduled and available. (h) Any and all vessels at a berth where handling equipment is located, after completion of loading or discharging, will be required to vacate the berth. However, at the discretion of the Port Director, two hours’ grace may be allowed after completion of loading or discharging before sailing, and all vessels finishing loading or discharging after midnight shall be allowed to remain on berth until six o’clock that morning. Should any vessel fail to vacate the berth under the above conditions, the Port Director shall have the right, authority and privilege to move the vessel at the vessel’s risk and expense.

The Port of Richmond reserves the right to refuse the handling of any commodity which, in its opinion, is not suitable for the handling equipment.

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EFFECTIVE: 03/01/94 FILING: 03/01/94 (C )

ITEM 02190 U. S. GOVERNMENT CARGO
Cargos for the account of the United States of America or its individual agencies will be subject to contract rules and regulations quoted by the Port of Richmond.

U.S. Government cargo is defined as cargo where title has passed to the U.S. Government, and U.S.

Government bears direct responsibility for the payment of marine terminal rates and charges.

ITEM 02195 U.S. GOVERNMENT SPONSORED CARGO
U.S. Government Sponsored Cargo is defined as cargo moving under U.S. Government contracts, where the shipper bears direct responsibility for the payment of all charges until title passes to the U.S.

Government. Cargo moving under this definition is considered commercial cargo, and subject to published tariff rates and charges for commercial cargo. 620

PORT OF RICHMOND
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RULES AND REGULATIONS

RULE: 34.03 SECTION 3 - HAZARDOUS MATERIALS RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

ITEM 03100 ACCIDENT REPORTING REQUIREMENTS
A. All accidents involving dangerous spills of corrosives, explosives or other flammable or dangerous cargoes must be reported immediately to:
(1) National Response Center (800) 424-8802
(2) United States Coast Guard Captain of the Port San Francisco Bay (415) 437-3073 (3) City of Richmond Fire Department Dispatcher (510) 307-8031 (4) Port of Richmond (510) 215-4600
(5) CHEMTRIC (CHEMICAL HAZARDS) 800-424-9300
(6) Nuclear Regulatory Commission (800) 424-8802
B. Any person in charge of a vessel or a facility as soon as knowledge of any discharge of oil or a hazardous substance from that vessel or facility in violation of the Federal Water Pollution Control Act (33 U.S. Code) or accidental release of dangerous cargo, shall report the same immediately to:
(1) National Response Center (800) 424-8802
(2) United States Coast Guard Captain of the Port of San Francisco Bay (415) 437-3073 (3) City of Richmond Fire Department, Dispatcher (510) 307-8031 (4) Port of Richmond (510) 215-4600
C. Vessels enroute to the Port of Richmond which have a hazardous condition shall not proceed into the Port Area until notifying the Captain of the Port, the City of Richmond Fire Chief and the Port of Richmond’s Port Department about the nature of the hazardous condition present.

Vessels with hazardous conditions shall follow the directions outlined by the Captain of the Port, City of Richmond Fire Chief and the Port of Richmond. “Hazardous Condition” means any condition that could adversely affect the safety of the vessel, the Port of Richmond terminals or shore area or environmental quality of the Port’s waters. This condition includes but is not limited to fire, explosion, leakage or damage of the vessel or dangerous cargoes transported by the vessel.

ITEM 03105 BULK DANGEROUS CARGOES
A. Bulk dangerous cargos shall not be transported or transshipped from one tank or container to another in the Port Area without first receiving permission from the City of Richmond Fire Chief and the Port Director of the Port of Richmond or his designee.

All transfers of bulk liquid or gaseous dangerous cargo or products, including ship’s stores and bunkers and lubricating oils, shall be in accordance with the following federal regulations as applicable:

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EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

33 CFR 125 - 126 (WATERFRONT FACILITY REGULATIONS)
33 CFR 151 - 159 (POLLUTION REGULATIONS)
46 CFR 30 - 39c (TANK VESSEL REGULATIONS)

B. The transfer of chlorine from one shipping package to another is prohibited.

ITEM 03110 DANGEROUS CARGO HANDLING AND STORAGE ON DOCK A. Except as otherwise provided in this tariff, it shall be unlawful for any person to permit dangerous cargo to remain overnight on any dock, wharf or bulkhead area or in any transit shed, whether publicly or privately owned, in the Port Area, unless such person shall first have applied for and been issued a Port of Richmond HAZARDOUS or RADIOACTIVE MATERIALS HANDLING PERMIT and unless such cargo is properly packaged and stowed in approved intact, fully enclosed cargo tanks or containers, as defined in Item 01210 or in a covered transit shed or warehouse equipped with adequate firefighting equipment as determined by the City of Richmond Fire Chief. All dangerous cargo shall be stowed so as to ensure the cargo is readily accessible to personnel responding to em ergencies. Placards or labels indicating the cargo’s hazard class shall be readily visible. When stowed in cargo containers the doors shall be readily accessible for opening.

B. The City of Richmond Fire Chief and the Port of Richmond shall be notified when the amount of dangerous cargo stowed in containers at a facility exceeds 10% by volume, or in the case of break bulk, when 10% of the total weight of cargo on the facility is dangerous.

ITEM 03115 DISCHARGE AND DUMPING PROHIBITED
A. It shall be unlawful for any person, firm or corporation, to discharge, pump, deposit or dispose of, or to cause or suffer to be discharged, pumped, deposited or disposed of, or pass or allow to escape in or into or upon the waters of the Richmond Harbor areas any soil, spirits, or flammable liquid, or any crude petroleum, coal tar, or refuse or residuary product of coal tar, petroleum, asphalt, bitumen, or other carbonaceous material or substance, or any compound thereof, or any other pollutant material or substance, or any bilge water containing any of said materials or substances.
622

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
24 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.03 SECTION 3 - HAZARDOUS MATERIALS RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

(B) Terminal operators and any other person, firm, corporation or(changed) entity assigned a Port of Richmond Marine Terminal Facility that receives oily waste from vessels shall provide a terminal waste reception facility within the Port Area and shall obtain and maintain a current “Certificate of Adequacy” issued by the Captain of the Port to cover such operations. Such operations shall comply with all federal, state and municipal regulations concerning such facilities. ( C) The terminal operator or other authorized operator of a Terminal Waste Reception Facility is required to present such current “Certificate of Adequacy” upon request, to Coast Guard, Fire Department and/or Port representatives.

ITEM 03120 FACILITIES REQUIREMENTS
All waterfront facilities and terminals on Port of Richmond property, prior to handling dangerous cargos, shall meet all conditions of a “Designated Waterfront Facility” as prescribed in “Handling of Explosives or Other Dangerous Cargoes within or Contiguous to Waterfront Facilities” (33 CFR 126). The terminal operator is responsible to ensure adequate operational and safety requirements in compliance with this tariff and all applicable federal, state and municipal regulations.

ITEM 03122 SEWAGE DISPOSAL
A. It shall be unlawful to throw, discharge or deposit, or cause, suffer, or procure to be thrown, discharged or deposited, either from or out of any vessel, or from the shore, wharf, manufacturing establishment, or mill of any kind, any sewage or refuse, as described in the City of Richmond’s Municipal Code, Chapter 5.08. “Sewage” means any condition that could adversely affect the Port of Richmond’s terminals or shore area, or environmental quality of the Port’s waters.

B. When disposal of sewage is required from a vessel berthed at any Port of Richmond facility, the following disposal companies may be utilized:

Ecology Control Industries (510) 235-1393
H & H Environmental Services (415) 543-4835
623

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
25 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.03 SECTION 3 - HAZARDOUS MATERIALS RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

Or any other company designated by the Port Director.

ITEM 03125 GOVERNING PUBLICATIONS
In addition to any State and Municipal or Port Regulations, the following publications specifically regulate the handling and storage of hazardous and dangerous cargoes:

10 CFR 0 - 199 NUCLEAR REGULATORY COMMISSION.
33 CFR 125 - 126 FACILITY REGULATIONS
33 CFR 151 - 159 POLLUTION (MARPOL 73/78 RULE)
40 CFR 116 - 117 ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS 40 CFR 140 - MARINE SANITARY STANDARDS
40 CFR 260 - 280 HAZARDOUS WASTE: GENERATORS OF HAZARDOUS WASTE 40 CFR 302 - 305 OIL AND HAZARDOUS SUBSTANCES
46 CFR 30 - 39 TANK VESSELS
46 CFR 146 - 154(A) DANGEROUS CARGOES
49 CFR 100 - 195 HAZARDOUS MATERIALS
49 CFR 420 - 453 CARGO CONTAINERS “DANGEROUS GOODS” INTERNATIONAL

MARITIME ORGANIZATION (IMCO OR
33 USC IMO) DANGEROUS GOODS CODE ACT.
46 USC 170 HAZARDOUS ARTICLES
46 USC 391A HAZARDOUS ARTICLES

ITEM 03130 HAZARDOUS AND DANGEROUS CARGO
Hazardous and Dangerous Cargo Prohibited. Except as otherwise provided in this tariff it shall be unlawful for any person, firm, association, or corporation to handle, transport, load, discharge, stow or retain any class of explosives, hazardous or other dangerous cargo, as defined the Government 624

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
26 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.03 SECTION 3 - HAZARDOUS MATERIALS RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(continued from previous page)

Publications in Item 03125, and any applicable Federal, State or Municipal laws or regulations, to remain overnight on any deck, wharf, bulkhead area or in any transit shed, whether publicly or privately owned, or within such places and in such manner except as may be approved by the Captain of the Port, the City of Richmond Fire Chief and the Port Director of the Port of Richmond or his designee, the Governing Publications in Item 03135 HOT WORK PROHIBITED

ITEM 03135 HOT WORK PROHIBITED
A. Hot work is any operation involving oxyacetylene or electric welding, burning, cutting or other heat producing activities.

B. No hot work shall be conducted on any waterfront facility or vessel moored thereto in the Port Area when dangerous cargo is present unless a properly executed and valid Richmond Fire Department Welding and Hot-Work Permit is on file at the terminal and advance notification has been given to the Captain of the Port, the City of Richmond Fire Chief and the Port of Richmond.

ITEM 03140 LABELING, PACKAGING AND DOCUMENTATION REQUIREMENTS In order to comply with the United States Department of Transportation Regulations (49 CFR, Parts 100- 195) the following data are required for the delivery of hazardous cargoes to any terminal within the Port Area of the City of Richmond:
(1) Complete shipper’s name and address, and, when possible, the telephone number for emergencies
(2) Carrier’s name and address
(3) Complete consignee’s name and address, to include the overseas port of destination on exports. (4) Proper DOT or IMO shipping name; i.e., the technical name of the cargo being shipped as listed in 49 CFR and IMO.
(5) Hazard Class of the material being shipped.
(6) Kind and number of container, applicable container number(s), number of packages, individual weights and total weight.
(7) Labels required.
625

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
27 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.03 SECTION 3 - HAZARDOUS MATERIALS RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(Continued from previous page)

(8) Shippers Certification: A shipper’s certification must appear on every bill of lading or shipping document provided. The correct wording of this certification is as follows:

THIS IS TO CERTIFY THAT THE ABOVE-NAMED MATERIALS ARE PROPERLY DESCRIBED,

CLASSIFIED, PACKAGED, MARKED AND LABELED, AND ARE IN PROPER CONDITION FOR

TRANSPORTATION ACCORDING TO THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION.

The certification is to be accompanied by a legible signature of the person certifying above and the typed name and title of the signatory.
(9) Properly documented special instructions, exceptions, or exemption information, if required.

ITEM 03145 RIGHTS OF REFUSAL
A. The Port Director of the Port of Richmond is hereby authorized and empowered to refuse permission to any vessel carrying explosives, hazardous or other dangerous cargo to berth at any dock, wharf, bulkhead area or alongside any transit shed, whether publicly or privately owned, or to any person, firm, association or corporation transporting explosives, hazardous or dangerous cargo to or storing such materials at any dock, wharf, bulkhead area or in any transit shed, whether publicly or privately owned, within the Port Area, or on any property under the control or jurisdiction of the Port of the City of Richmond whenever, in his sole judgment, such berthing or use of Port Area would be dangerous or hazardous.

B. The Port Director of the Port of Richmond or his designee may, at any time, cause any dangerous cargoes to be removed at the expense of the vessel, cargo owner or assignee.

(continued on next page)
626

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
28 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.03 SECTION 3 - HAZARDOUS MATERIALS RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 02/09/94 (C)

(Continued from previous page)

ITEM 03150 TECHNICAL ADVICE: HANDLING AND PACKAGING, CHEMICAL HAZARDS, CLEAN-UP

PROCEDURES
Questions concerning procedures for handling or packaging, chemical hazards and Clean-up procedures may be referred to the following industry sponsored organizations:

(1) For information on handling and packaging of dangerous materials:

Material Transportation Bureau
(2) For information on chemical hazard and clean-up procedures:

CHEMTREC (800) 424-9300

ITEM 03155 VARIANCES FROM PORT REGULATIONS APPLYING TO DANGEROUS CARGOES Request for variance of any requirements outlined in this tariff pertaining to the handling of dangerous cargos shall be directed to the Port Director of the Port of Richmond or his designee. 627

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
29 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.04 SECTION 4 - SERVICE AND FACILITIES RULES APPLICATION -

EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)

ITEM 04100 APPLICATION
The charge assessed against vessels, their owners, agents or operators (See Note 2) which load or discharge cargo at the terminal for the use of terminal working areas in the receipt and delivery of cargo to and from vessel and for service in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo: (See Note 1) (a) From vessels to consignees, their agents or connecting carrier, or (b) From shippers, their agents or connecting carrier, to vessels.

The foregoing does not include any services or facilities the charge for which is included in wharfage, dockage, wharf demurrage, wharf storage or other individual charges.

No person other than the Terminal shall be permitted to perform the services covered by this definition.

Note 1: Service and Facilities Charge does not include any cargo handling, loading nor unloading operations, nor any labor other than that which is essential to performing the service.

Note 2: Where the contact of affreightment establishes the responsibility as between the parties thereto for the payment of the service and facilities charge named in this tariff, such charge shall be billed to and paid by whomever shall be determined to be responsible under the contract of affreightment, but the full amount of such charge shall be billed to and paid by the vessel, its owners, agents or operators, to the terminal. Allocation or adjustment of this charge between vessel and cargo shall be made solely by the parties to the contract of affreightment, in accordance with terms of such contract. The term” Contract of Affreightment” as used herein shall mean tariff, ocean rate or any other arrangements under which the vessel transports cargo.
628

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
30 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.05 SECTION 5 - SERVICE AND FACILITIES CHARGES -

EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)

Rates are in cents per ton of 1,000 Kilograms.

ITEM 05100
Liquids in bulk from or to vessel or barge,
Rates ------- N.O.S. 2.00
629

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
31 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.06 SECTION 6 - DOCKAGE: RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)

ITEM 06100 APPLICATION OF DOCKAGE RATES AND CHARGES
(a) Except as otherwise provided, dockage charges shall be assessed against all vessels in all trades at the full dockage rates provided in Item No. 07100.
(b) One-half of the full dockage shall be assessed against all vessels, when berthed offshore of a vessel that is paying full dockage.
(c) When a vessel is charged dockage for a period of 24 hours or more at wharf owned or operated by, or under lease, assignment, or franchise from, the Port of Richmond, it may use the same or, upon prior approval from the Port Director, any other wharf in the Port of Richmond area during the remainder of that same period for which charged, without further charge, regardless of how often it may leave or return.
(d) Vessels docked at non-operative facilities will be assessed one-half of full dockage rates named in this tariff, except vessels that require the use of the berth, wharf and/or facility for other than cargo operations may be assessed full dockage rates.

06105 BASIS FOR COMPUTER DOCKAGE CHARGES
(a) Dockage shall be based on overall length of the vessel as shown in Lloyd’s Register. If the length is not shown in Lloyd’s Register, the ship’s Certificate of Registry showing length of vessel will be accepted. (b) Vessels for which the overall length is not available in either Lloyd’s Register or the Certificate of Registry will be measured at the direction of the Port Director, by a bonafide Marine Survey or Naval Architect, and either lettered, numbered, or named and registered with the Port so that identification may be easily established; otherwise, such vessels shall be denied the use of the wharves and other facilities provided by the Port of Richmond. When necessary to measure a vessel, the linear distance in meters shall be determined from the most forward point on the bow of the vessel to the aftermost part of the stern of the vessel, measured as parallel to the base line of the vessel.
(c) In computing dockage charges based on overall length of vessel, the following will govern the disposition of fraction:

Less than one-half (.5) meters, discard.

One-half (.5) meters or more, increase to the next whole figure. (d) When a vessel changes its position from an outside to an inside berth, or vice-versa, or 630

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
32 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.06 SECTION 6 - DOCKAGE: RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)

(continued from previous page)

otherwise changes its status so that it would be liable to pay dockage at a different dockage rate, the dockage due under the changed status shall be assessed from the time such change takes effect.
( e ) Vessels on regular day schedules leaving from and returning to the wharf shall not be assessed more than one full day’s dockage in any 24-hour period.

ITEM 06110 DOCKAGE OF NON-OPERATIVE VESSELS
Application to berth a non-operative vessel at Port facilities shall be made to the Port Director upon forms provided by the Port. The Port Director may allow a non-operative vessel to berth at Port facilities upon receipt of application, subject to the provisions of this tariff, and to the charges, rates, rules and regulations applicable thereto. The berthing of such non-operative vessel shall be limited to mooring only and shall not include any other use of the berth, wharf, and/or facility by the applicant and shall be subject to the condition that the Port and its officers, agents and employees shall not be liable for any injury to or death of any person or damages to property of any kind whatsoever, whether the person or property of the applicant, its agent or employees, or third persons, from any cause while in or on the berthing area or occasioned by any use or occupancy of the berthing area of any activity carried on by the applicant in connection therewith, and that the applicant will indemnify and save harmless the Port, its officers, agents and employees from all liabilities, charges, expenses (including counsel fees) and costs on account of or by reason of any such injury, death claim, suit or loss however occurring or damages growing out of the same.

ITEM 06115 DOCKAGE PERIOD
(a) Dockage shall commence upon a vessel when made fast to a wharf, pier, seawall structure or bank, or mooring to a vessel so berthed, and shall continue until such vessel is completely freed from and has vacated the berth.
(b) No deductions shall be made for Sundays, Holidays, or because of the weather conditions.

ITEM 06120 FREE DOCKAGE
Free dockage will be accorded vessels when in the discretion of the Port Director, conditions may warrant the temporary suspension of regular dockage charges against:
631

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
33 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.06 SECTION 6 - DOCKAGE: RULES AND REGULATIONS -

EFFECTIVE: 03/01/94 FILING: 01/07/94 (I)

(continued from previous page)

(a) Combat or training vessels, including vessels auxiliary thereto, of the United States of America or of any other nation.
(b) Vessels that are engaged exclusively in exhibitions whose sole purpose is the promotion of trade.
(c) Vessels owned or operated by the State of California. (d) Training vessels owned or operated by charitable organizations. 632

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
34 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.07 SECTION 7 – DOCKAGE -

EFFECTIVE: 12/01/99 FILING: 12/21/99 ( C )

ITEM: 07100 DOCKAGE RATES ON VESSELS ENGAGED IN ALL TRADES Overall Length of Vessel in Meters

OVER

BUT NOT
OVER
CHARGE FOR FIRST 24-HOUR PERIOD OR
PART THEREOF (I) 6.2%
0 30 $115.00
30 45 $162.00
45 60 $224.00
60 75 $339.00
75 90 $462.00
90 105 $725.00
105 120 $1,038.00
120 135 $1,401.00
135 150 $1,820.00
150 165 $2,288.00
165 180 $2,812.00
180 195 $3,389.00
195 210 $4,018.00
210 225 $4,696.00
225 240 $5,428.00
240 255 $6,215.00
255 270 $7,057.00
270 285 $7,947.00
285 300 $8,890.00
300 315 $9,886.00
315 330 $10,934.00
330 345 $12,036.00
345 360 $13,191.00
360 375 $14,393.00
375 390 $15,654.00
390 (1)
633

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
35 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.07 SECTION 7 - DOCKAGE -

EFFECTIVE: 12/01/99 FILING: 12/21/99 (C)

(continued from previous page)

(1) Dockage charges for vessels over 390 meters in overall length shall be $14,051 per day plus $39 dollars per day for each meter of overall length or fraction thereof in excess of 390 meters. (2) Charges beyond the first 24 hours shall be assessed in whole six-hour increments at twenty- five percent (25%) of the full rate for each subsequent six-hour period. 634

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
36 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.08 SECTION 8 - WHARFAGE RULES AND REGULATIONS -

EFFECTIVE: 07/01/96 FILING: 06/27/96 (C)

ITEM 08100 APPLICATION OF WHARFAGE RATES
(a) Except as otherwise provided in this tariff, wharfage, as defined in Item No. 01220, shall be assessed in addition to other charges named in this tariff. (b) Wharfage rates applicable will be those in effect on the date that vessel commences discharging or loading of cargo.
(c) Except as otherwise provided in this tariff, wharfage rates shall be assessed as follows:
(1) Containerized Cargo and Empty Shipping Containers:
(a) Wharfage will be assessed on cargo in containers according to the commodity description, rate basis and the provisions specified in Items 10100 through 10700. (b) Commodities not specifically named in this section will be subject to the Cargo N.O.S. rate basis specified in Item 10200
(2) Non-Containerized Cargo:
(a) Wharfage will be assessed charges in cents per 1,000 kilograms or cubic meter as specified in Items 09100 through 09215; or according to the vessel’s manifest, on whichever basis the water freight charges are assessed. (b) On cargo moving on other than a weight or measure basis (i.e. per package, per unit, combination weight and measure basis, etc.) wharfage will be assessed in cents per 1,000 kilograms or cubic meter, whichever will result in the greater revenue. (c) Commodities not specifically named in this section will be subject to the Cargo N.O.S. rate in Item 09105.
(d) Cargo which is not covered by a regular commercial shipping line’s manifest and is not moving under regularly established commercial rates published in commercial tariffs, but is moving to or from ports that are served by vessels operating in regular trade routes under commercial tariffs, shall be assessed wharfage on the same basis as the freight charges on such cargo would have been assessed on vessels operating in such regular trade routes under commercial tariffs.
(e) Transferred cargo is defined in Item 01200, received at a Port of Richmond terminal facility will be assessed the applicable wharfage on the basis as cargo moving by vessel at the rate of $145.00 per twenty-foot equivalent container unit (TEU) prior to leaving 635

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
37 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE 34.08 SECTION 8 - WHARFAGE RULES AND REGULATIONS -

EFFECTIVE: 07/01/96 FILING: 06/27/96 (C)

(continued from previous page)

the Port terminal. Transferred cargo moving by land vehicle from one Port of Richmond Terminal facility to another will be assessed only one wharfage charge of $136.00 per TEU which will be assessed at the final Port of Richmond terminal, unless a Port of Richmond wharfage charge is not applicable at that terminal in which event the charge will be assessed at the first terminal. However, transferred cargo may be assessed the lower rates in Items 10100 and 10300 through 10700 when the owner, agent, or other person in charge of such cargo provides the Port written verification that the commodities are those specifically named in those items. (f) Transshipped cargo discharged and assessed applicable wharfage at one Port of Richmond terminal facility and directly reloaded to a vessel at the same or another Port of Richmond terminal will be assessed the applicable wharfage at the initial discharge only. The applicable wharfage on transshipped cargo will be assessed in accordance with Items 10100 through 10700 whether assessed at the initial discharge, or at the final Port of Richmond terminal because no wharfage charge was applicable at the initial terminal. Transshipped commodities will be subject to Port audit and verification. In the event such audit finds the transshipped commodities are not specifically named under Items 10100 and 10300 through 10700 then wharfage will be assessed under the rates for Cargo, N.O.S. in Item 10200. When transshipment is substituted for direct call of vessel, the charges on cargo so handled will be the same as that applicable to cargo handled on direct call.

ITEM 08110 MANIFESTS AND STATEMENTS
(a) The owner, agent, master, or other person in charge of a vessel or cargo shall deliver to the Port Director, or his designee, not later than 45 days after the date of the vessel’s departure a full and correct statement (signed and certified on forms furnished by the Port) of wharfage assessed and collected on all cargo of every kind discharged from and or loaded to such vessel at such terminal, specifying the character and quantity of each kind of such cargo as identified in 636

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
38 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.08 SECTION 8 - WHARFAGE RULES AND REGULATIONS –

EFFECTIVE: 07/01/96 FILING: 06/27/96 (C)

(continued from previous page)

this tariff, and such other information as may be specified on such forms, including, but not limited to the total number of loaded and empty containers. For the purpose of consideration of wharfage corrections the owner, agent, master, or other person in charge of a vessel or cargo must deliver corrections to cargo information previously submitted or additional information previously unavailable, not later than 120 days after the date of the vessel’s departure. (b) The owner, agent, master or other person in charge of a vessel or cargo, in addition to providing full and correct statements, shall within the time specified above, deliver to the Port Director, or his designee, those portions of the vessel manifest and or bills of lading that are reasonably necessary to verify the information provided on said documents. (c) In addition to the statements and documents required to be submitted under paragraphs (a) and (b) above, use of any Port facility by the owner, agent, master or other person in charge of a vessel or cargo shall constitute authorization for the release of operational information pertaining to such vessel activity, as may be reasonably required from time to time by the Port Director, or his designee, to verify cargo loaded and or discharged at the Port of Richmond. (d) Neglect or refusal by any person to comply with the provisions in paragraphs (a), (b) and (c) of this Item; or, deliberately falsifying statements and documents by any person may, at the discretion of the Port Director, result in such persons being subject to the penalties prescribed in law and in this tariff. In addition, any person who fails to submit a statement of charges within the times provided herein shall pay to the Port the sum of one hundred eighty-eight dollars ($188.00) for each wharfage statement that the Port Director, or his designee is required to prepare as a result of the non-compliance with the provisions of paragraphs (a), (b) and (c) above.
637

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
39 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.08 SECTION 8 - WHARFAGE RULES AND REGULATIONS –

EFFECTIVE: 07/01/96 FILING: 06/27/96 (C)

(continued from previous page)

ITEM 08115 PAYMENT OF WHARFAGE CHARGES

1. Wharfage charges assessed pursuant to this tariff are due and payable as incurred and shall be paid by the vessel so assessed, through its master, owner, agent, or other person duly authorized to do so, in accordance with the provisions specified in Item 02150.

2. When it is requested that wharfage charges be assessed and collected directly from the cargo owner or federal agency, and, when satisfactory guarantee of payment is given to the Port of Richmond, the wharfage charges will be assessed and collected from the cargo owner or federal agency making the request, pursuant to all applicable terms and conditions of this tariff.

ITEM 08125 FREE WHARFAGE
No wharfage will be assessed on:
(a) Handling and stevedoring tools, equipment, appliances, and supplies taken on wharf premises for the sole purpose of loading and or discharging a vessel. (b) Personal baggage of passengers (excluding household goods and automobiles) when carried on same vessel as passenger and on which no revenue is collected by the water carrier. (c) Cargo which a vessel discharges and reloads prior to departure, in order to load or discharge other cargo (overstowed or restowed cargo).
(d) Water carrier owned or controlled vans when shipped free of freight charges (excluding empty cargo vans which are transshipped under a water carrier bill of lading and assessed freight charges).
(e) Ballast in bulk, which is not manifested as cargo, has no commercial value and is handled direct between vessel and barge or shore tank.
638

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
40 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO –

EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)

Rates are in cents per 1,000 KGs or Cubic Meter as manifested, except as noted.

ITEM 09100
Aluminum Cans, empty, new (Per Cubic Meter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441

ITEM 09102
Boats, including launches, skiffs and yachts (Per Cubic Meter) . . . . . . . . . . . . . . . .. . …..422

When Shipped in cradles or on trailers, the dimension of cradle or trailer shall be included in overall measurement.

ITEM 09105
Cargo, N.O.S. including vessel’s stores and supplies . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 675

ITEM 09110
Cargo, in bulk, viz.: (not in containers)
Beans, Copra, Cottonseed, Feed, Grain or Grain Products, Peas, Pellets (Alfalfa or Beet Pulp), Safflower Seed, Seeds, Soybeans. . . . . . . . . . . . . . . . . . . . . . .. . …251 Scrap Metal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .223

ITEM 09115
Cargo, in bulk, N.O.S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .167

ITEM 09120
Cargo or Merchandise, bulk, moving in containers (Per 1,000 Kilograms) . . . . . . . . .. . .681

639

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
41 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO –

EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)

(continued from previous page)

ITEM 09125
Buildings, Modules, and other units designed for general warehouse type storage, other than knocked down; empty, moving in multiple units of 10 or more per vessel, and equipped with corner castings capable of being loaded and discharged by shoreside container gantry cranes.

NOTE: With prior written request and Port Director or their designee approval, prototype units moving in smaller quantities may be subject to the rates as listed in this item.

Per Unit Overall Length 0 to 7 meters ....... $109 Per Unit Overall Length Over 7 meters $200.00 Per Unit
ITEM 09130
Coffee, green, in bags, per ton of 1,000 kilograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 674

ITEM 09135
Fuel, bunker or petroleum products, for use of vessel to which initially delivered

From barge to vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 From car or truck to vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 ITEM 09145

Liquids, N.O.S. in bulk from or to vessel through
pipeline (See Exceptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190

EXCEPTIONS: Bunker Fuel and/or No. 2 Diesel Oil
Per barrel of 159 liters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $2

Petro-Chemicals and Aquatic Ammonia, but
excluding petroleum and other petroleum products. . . . . . . . . . . . . . . . . 190 640

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
42 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO -

EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)

(continued from previous page)

ITEM 09150
Livestock or other animals per head . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ITEM 09155
631
Lumber and Forest Products (see Note 1), viz.:

Ash, Hickory, Oak, Mahogany and all other hardwood lumber, logs (see Exception) and timber (see Note 2)
(Per 1,000 Ft. B.M.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1,151
EXCEPTION: Eucalyptus Logs
(Per 1,000 Kilograms) . . . . . . . . . . . . . . . . . . . . . . . . . . . .

477
Cedar, Fir, Pine, Redwood, Spruce and all
Other softwood lumber, logs and timber (See Note 2).

See Exceptions including laths and ties (Per 1,000 Ft. B.M.) . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .

967
EXCEPTION: Timber, Sawn (Pinus Radiata)
Inbound Only (Per Cubic Meter) . . . . . . . . . . . . . . . . . . . . . . . . . .

337

Dunnage and Ship Lining (Per 1,000 Ft. B.M.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990 Piles and poles, per lineal meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Wood Chips, in bulk, per Bone Dry Unit (BDU) for each consecutive 12-month period Commencing September 1, 1995:

1 to 60,000 BDU . . . . . . . . . . .

(Per BDU) . . . . . . . . . . . .

870
60,001 to 120,000 . . . . . . . . . (Per BDU) . . . . . . . . . . . . 657 Over to 120,000 BDU . . . . . . . (Per BDU) . . . . . . . . . . . . 491 641

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
43 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO -

EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)

(continued from previous page)

Note 1: The same rate will apply whether articles are discharged or loaded overside vessel directly to or from the water in any slip, dock, basin or canal.

Note 2: If freighted by vessel on other than a B.M. basis, the Merchandise, N.O.S. rate shall Apply

ITEM 09165

RESERVED
ITEM 09165
Metals, loose, in bundles, coils or packages, viz.: Angles, bars, beams, billets, blanks, bolts, bridge sections, channels, finished or unfinished fabricated structures, ingots, nails, nuts, pigs, pilings, pipe, plate, rails, rods, screws, sheets, slabs, structural, tie plates, tin plate, unfinished shapes, washers and wire, including barbed wire . . (See Note) .. . . . . . . . . . . . 506 Note: For wharfage assessed on angles, bars, beams, channels, pipe and plate (excluding coils or plate packaged as rolled coils) a minimum charge per bill of lading of $117.00 is applicable.

Steel viz.: (See Exception)
Coils, Minimum 1,000 tons, one consignor, one consignee, one vessel . . . . . . . . . . . . . . . . 617 Wire Rod, in bundles or coils, minimum 500 tons,
one consignor, one consignee, one vessel . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 616 Exception: From one consignor to one consignee for each consecutive 12-month period commencing July 1, 1994:

60,001 to 100,000 tons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 546 100,001 to 130,000 tons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491 Over 130,000 tons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466 642

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
44 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO -

EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)

(continued from previous page)

ITEM 09170
Packages, shipping, empty, SU or KD, N.O.S. second hand (used), not including bags or sacks, per ton of 1,000 kilograms of 1 cubic meter whichever yields the greater revenue (see Note)

NOTE: Will not apply on Coastwise, Inland Waterway and Intercoastal trades . . . . . . . . . . . . . . . . $422 ITEM 09175
Paper and Paper Products, N.O.S.

Not in Containers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

$716
ITEM 09180
Racks, KD, empty, viz.:

Used Automobile Parts Racks or Engine Racks; Being
Returned to Origin (Per 40 Foot Container) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

$167
ITEM 09185
United States Mail, per ton 1,000 kilograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,254 ITEM 09190
Vans, Cargo, shipping empty, as described in Item No. 01201 per schedule below (see Exception) Charge per Van:

Overall Length 0 - 7 Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.61 Per Van

Overall Length 7 -9 Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $18.79 Per Van 643

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
45 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO -

EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)

(continued from previous page)

Overall Length Over 9 Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24.91

EXCEPTION: No wharfage will be charged on steamship carrier owned or controlled vans when shipped free of freight charges.

ITEM 09195

Vehicles, motor, self propelling, viz.:
(See Exception)
Automobiles, pleasure or passenger, including pick-up trucks or chassis, not exceeding 10 passengers per vehicle:

Each Vehicle . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.27 NOTE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8.59 When privately owned, per vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $33.07 NOTE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9.80 EXCEPTION: Does not include agricultural, earth moving or road making vehicles.

NOTE 1: Received from rail car, truck or other land vehicle and removed by rail car, truck or other land vehicle.

ITEM 09200
Vehicles, Commercial, including chassis, freight trailers, freight semi-trailers, agricultural, earth moving or road-making equipment,
per ton of 1,000 kilograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $22.07 See NOTE 1, Item 09195 . . . . . . . . . . . . . . . . . . . . . . . . . . $18.59 each

ITEM 09205
Vehicles, viz:
644

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
46 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.09 SECTION 9 - WHARFAGE RATES NON-CONTAINERIZED CARGO -

EFFECTIVE: 10/21/99 FILING: 12/01/99 (C)

(continued from previous page)

Truck tractors, only, with or without fifth wheel, excluding chassis, vans, or trailer attachments, Per ton of 1,000 kilograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1422

ITEM 09210
Vehicles, empty, other than self-propelling, viz.:

Trailers, House or Vacation, Mobile, S.U.; with
or without wheels, per cubic meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 548

ITEM 09215

Wood and Wood Products, N.O.S., not in containers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 674 645

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
47 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.10 SECTION 10 - WHARFAGE RATES CONTAINERIZED CARGO -

EFFECTIVE: 12/01/99 FILING: 10/21/99 (C)

ITEM 10100
RATE BASIS A: $86 PER TEU or:

CONTAINERS
LENGTH
IN METERS 0 - 7M 7 – 9M 9 - 13M

OVER 13M
(20 FT.) (24 FT.) (40 FT.) (45 FT.)

PER CONTAINER
RATE $113 $134 $220 $248

Except as otherwise provided, the application per TEU rates expressed as dollars per TEU for commodities listed in this subsection.

COMMODITIES ASSESSED RATE BASIS A:

Animal Feed and Miscellaneous Grains, viz:

Hay N.O.S., baled, pelletized or cubed, used for animal feed; oilseeds, safflower seed; rapeseed; castor seed

Borates; Borax
Boric Acid
Cargo, N.O.S., Containerized, in bulk Cereal, viz:

Wheat in bags or in bulk; Rice

Coal

Cocoa Beans
646

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
48 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.10 SECTION 10 - WHARFAGE RATES CONTAINERIZED CARGO –

EFFECTIVE: 12/01/99 FILING: 10/21/99 (C)

(continued from previous page)

Coffee, green, in bags
Coke
Cotton, viz:

Cotton or Cotton Linters, baled

Dried Leguminous Vegetables, viz:

Beans; Peas; Lentils
Earth, Stone and similar products, viz:

Asbestos, crude; Concrete; Bricks; Stones, Diatomaceous Earth; Tiles (asphalt, ceramic, composition, marble);
Magnesite (magnesium oxide); Asphalt; Gilsonite (uintaite); Granite; Clay Fertilizer or Fertilization Materials N.O.S.

Food and Food Preparations for Human Consumption, viz:

Fresh/Frozen, including: Fish; Shellfish; Meat; Poultry; Fruits; Vegetables Fruit, Dried, including nuts
Fruit, Tropical, N.O.S., viz:

Canned or Preserved, including juice or concentrate, with or without other ingredients

Grains for Human Consumption, viz:

Cereal Grains; Corn; Oats
Hide and Skins: Raw, undressed, N.O.S.

Household Goods or Personal Effects, N.O.S. used, not new, packed in containers or Lift vans suitable for forklift loading and
647

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
49 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE 34.10 SECTION 10 - WHARFAGE RATES CONTAINERIZED CARGO –

EFFECTIVE: 12/01/99 FILING: 10/21/99 (C)

(continued from previous page)

handling (includes private vehicles in mixed container loads with personal effects) in the domestic trade only
Lumber and Forest Products; Sawn. Viz:

Hardwood and softwood, Burls, untreated, including: Poles, Piles, Pests, Pulpwood, Sawlogo, Ties, Veneer, Logo,Woodchips,Woodpulp, Woodsticks
Lumber, Sawn, loose or in bundles; Sawn Building Lumber (Note 1)

Note 1: Timber, Sawn (Pinus Radiator), inbound only in 40 foot containers $154.00 per 40 ft. container Metals and Manufactures thereof: Articles, loose, in bundles, coils or packages, viz:

Angles; Bars; Beams; Billets; Blankets; Blisters; Blooms; Bolts; Bridge Sections; Cans, Aluminum, new, empty; Channels, Finished or Unfinished Fabricated Structures; Foil, Aluminum; Ingots; Nails; Nuts; Pigs; Pilings; Pipe; Plate; Rails; Rods; Screws; Sheets; Slabs; Structures; Tie Plates; Tin Plate; Unfinished Shapes; Washers and Wire, including barbed wire; Scrap Metal, N.O.S., including scrap batteries.

Nursery Stock, Live; including plants, trees, bulbs and root systems, under temperature control Paper and Paper Products, in rolls only, viz:

Boxboard; Cardboard; Kraftboard; Linerboard; Newsprint; Paperboard; Sacking Paper Racks, KD, empty, viz:

Used Automobile Parts Racks or Engine Racks being returned to origin in 40 ft. containers $180 per 40 ft. container
United States Mail

Waste and Scrap of Plastic

Waste Paper and Scrap of Paper, N.O.S.

ITEM 10200
CARGO NOT OTHERWISE SPECIFIED (N.O.S.): $183 PER TEU OR:
161699.00
648

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
50 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.10 SECTION 10 - WHARFAGE RATES CONTAINERIZED CARGO –

EFFECTIVE: 12/01/99 FILING: 10/21/99 (C)

(continued from previous page)

CONTAINER
LENGTH:

0 - 7M

7 - 9M 9

9 - 13M

OVER 13M
IN METERS (20 FT.) (24 FT.) (40 FT.) (45 FT.)
Per container
Rate

$184

$206

$370

$415

Except as otherwise provided, the application per TEU rates expressed as dollars for commodities listed in this subsection.

COMMODITIES ASSESSED:

Cargo, N.O.S.: Containerized (including vessel stores and supplies as well as containerized loads of mixed commodities)

ITEM 10300
Vehicles, viz: Automobiles, Pickup trucks or Chassis, Pleasure, Non-commercial not to exceed ten (10) passengers per vehicle, S.U.on wheels

$70 per Container
649

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
51 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.10 SECTION 10 - WHARFAGE RATES CONTAINERIZED CARGO –

EFFECTIVE: 12/01/99 FILING: 10/21/99 (C)

(continued from previous page)

ITEM 10400
Commercial Vehicles; Wheeled or Tracked, including chassis, freight trailers, lift-trucks, agricultural, earth moving, or road making equipment (Subject to NOTE 1) $129.00 per TEU; or: Container Size 0 - 7M $161
7 - 9M $194
9 - 13M $321
OVER 13M $360

ITEM 10500, 10600, 10700

Vans, Containers, empty, as described in Item 01210
(Subject to NOTE 1)

Overall Length, in meters ITEM NUMBER
0 - 7 $18 per container 10500
7 - 9 $30 per container 10600 OVER 9 $34 per container 10700
NOTE 2: No Wharfage is assessed on water carrier owned or controlled vans shipped free of freight charges. (This NOTE 1 does not apply on empty cargo vans transshipped under a water carrier’s bill of lading which are assessed freight charges).
650

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
52 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.11 SECTION 11 - WHARF DEMURRAGE & STORAGE: RULES & REGULATIONS -

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

Rates provided in this Section will not apply on bulk commodities (as defined in Item 01105) handled mechanically through specialized facilities.

ITEM 11100 APPLICATION OF RATES
(A) APPLICATION OF WHARF DEMURRAGE AND/OR WHARF STORAGE RATES:

Wharf Demurrage and Wharf Storage as defined in Items 01230 and 01235 will be assessed charges on the same basis as Wharfage is assessed.
(B) WHARF DEMURRAGE (as defined in Item 01230):

At the expiration of free time, the wharf demurrage rates shown in individual items of this tariff will apply on freight remaining on terminal premises, unless and until arrangements for storage have been made with the Port of Richmond, and/or Terminal Operator (C) WHARF STORAGE (as defined in Item 01235)
Upon prior application and acceptance of property for storage, rates applicable to such service shall be subject to the following provisions:
(1) Daily Storage
(a) Daily storage applies for a 24-hour period, or fraction thereof, commencing with midnight of one day to midnight of the following day and includes Saturdays, Sundays, holidays.
(b) Merchandise that has been accepted for daily storage can later be accepted for monthly storage effective with the date of acceptance for monthly storage. (2) Monthly Storage:
(a) Except as otherwise provided in Sub-Paragraph 2) hereof, monthly storage periods shall extend from a date in one calendar month to, but not including the same date of the next and all succeeding calendar months; but if there is no corresponding date in the next succeeding calendar month, it shall be extended to and include the last day of that month. When the last day of the final storage month falls on Sunday or a legal holiday, the storage month shall be deemed to expire on the next succeeding business day.
(b) Upon agreement between the terminal and the owner of the merchandise or his agent, monthly storage charges will not be computed under the provisions of Sub- 651

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
53 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.11 SECTION 11 - WHARF DEMURRAGE & STORAGE: RULES & REGULATIONS –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from previous page)

Paragraph 1) hereof but will, instead be computed on the first of month balance system as follows:
(1) When the storage period commences on or before the fifteenth day of the month, a full month’s storage shall be assessed for that month. A full month’s storage shall be charged on the merchandise on hand on the first day of the following month and for each succeeding month thereafter. (2) When the storage period commences after the fifteenth day of the month, storage charges for one-half month shall be assessed for that month. A full month’s storage shall be charged on the merchandise on hand on the first day of the following month and for each succeeding month thereafter. (c) Merchandise accepted for monthly storage cannot revert to daily storage.

ITEM 11105 ACCEPTANCE OF FREIGHT FOR STORAGE
(a) Acceptance of freight for storage is at the option or convenience of the terminal operator. (b) When terminal space is available for monthly storage, freight may remain where already placed or may be moved and stored elsewhere on terminal premises at the option of the terminal operator. All freight accepted for monthly storage shall be assessed both the monthly storage rates and the receiving and delivery rates shown in the individual items of this tariff and shall be subject to the rules provided herein for monthly storage.

ITEM 11110 COMPUTATION OF FREE TIME
(1) Acceptance of freight for storage is at the option or convenience of the terminal operator. (a) On Outbound cargo, at the first midnight after it is unloaded from barges, rail cars, vessels, or vehicles, or otherwise placed on wharfinger facilities. (b) On Inbound cargo, at the first midnight after the date vessel completes discharging. (2) Free time terminates at midnight of the final day of the free time period or upon the removal of the cargo from wharfinger facilities whichever occurs first. (3) The days during the loading or discharging operations of the vessel shall not be counted as wharf demurrage days on cargo actually loaded to or discharged from such vessels. 652

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
54 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.11 SECTION 11 - WHARF DEMURRAGE & STORAGE: RULES & REGULATIONS –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

ITEM 11115 DISPOSITION OF MERCHANDISE AFTER EXPIRATION OF FREE TIME Freight remaining on terminal premises after expiration of free time (see Item No. 11120), and freight shut out at clearance of vessel may, at the discretion of the terminal operator, be allowed to remain where situated, be piled or replied to make space, be transferred to other locations on terminal premises, or be removed to public or private warehouse, with all expenses and risk of loss and damage for account of the owner, shipper, consignee or carrier as responsibility may appear.

ITEM 11120 FREE TIME/ASSEMBLY TIME
A. FREE TIME:

Unless otherwise provided, the free time periods allowed, exclusive of Saturdays, Sundays, and holidays, shall be the follows:

TRADE INBOUND OUTBOUND
Inland Waterway 5 days 5 days
Intercoastal 5 days 10 days
Foreign and Offshore (see Note) 7 days 10 days

Cargo transshipped between vessels involving a long and a short free time period shall be allowed the longer free time period, but in no case shall such cargo be allowed the aggregate of the inbound and outbound free time periods.

EXCEPTION: (a) Outbound cargo (merchandise), upon approval of the Port Director, may remain on wharves, premises or facilities of the Port at owner’s risk at no charge for a period of time not to exceed ten (10) working days beyond the allowable free time if the vessel for which the cargo was originally intended is unable to call as scheduled because of stress of weather, accident, breakdown or other emergency. Thereafter, wharf demurrage shall be assessed against such cargo (merchandise) unless or until the cargo (merchandise) is accepted for wharf storage. This exception does not apply on cargo (merchandise) which wharf demurrage or storage charges have accrued prior to the original scheduled call date of the vessel.
653

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
55 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.11 SECTION 11 - WHARF DEMURRAGE & STORAGE: RULES & REGULATIONS–

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C )

(continued from previous page)
(b) The Port Director may extend the allowable free time on any merchandise if terminal operations or movement of merchandise are interrupted by war, earthquake, flood, fire, riot, or any unusual occurrence which, in the judgment of the Port Director, warrants the extension of such free time.

NOTE: Includes Alaskan, Hawaiian and Trans-Pacific Trades as set forth in Item 01240.

B. ASSEMBLY TIME:

Upon Shipper’s/Consignee’s request and subject to terminal space availability, the Port Director may grant time up to 20 days exclusive of Saturday, Sunday and holidays beyond regular free time allowance provided for in this tariff for assembling cargo lots aggregating 200 revenue tons or more which constitutes an export/import shipment for loading or unloading from a specifically named vessel.

ITEM 11125 MINIMUM CHARGE
(a) WHARF DEMURRAGE: The minimum charge shall be $20.
(b) DAILY STORAGE: When freight is stored on a daily storage basis for a period of less than 5 days, a minimum of 5 days storage will be assessed at the rates shown in individual items, subject to a minimum charge of $19.00 per month or fraction thereof on each invoice.
(c) MONTHLY STORAGE: The minimum storage charge shall be $27 per month or fraction thereof.

ITEM 11130 STORAGE UNDER STRIKE CONDITIONS
Cargo which cannot be removed from the Port due to a general waterfront strike of five calendar days or more, or work stoppage of waterfront labor engaged in handling cargo which curtails Port operations for five calendar days or more will be subject to the following:
(a) Cargo on Free Time: Strikebound cargo will be continued on free time until the maximum free time allowed under this tariff has expired. The Exception in Item 11120 will not be applicable in the computation of free time under the provisions of this item. Upon expiration of free time, storage charges will be assessed under the provisions of Paragraph (b) of this item.

654

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
56 ISSUED BY: EXECUTIVE DIRECTOR

(continued on the next page)
655

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
57 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.11 SECTION 11 - WHARF DEMURRAGE & STORAGE: RULES & REGULATIONS–

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from previous page)

(b) Cargo on Demurrage or Storage: Cargo on Demurrage, Daily Storage, or Monthly Storage under the storage rates in this section, whichever results in the lowest charge during any calendar month in which the strike is in effect.
(c) Charges Applicable After Strike Ends: Strikebound cargo remaining on hand the first day of the first calendar month following the end of the strike will be subject to Daily Storage, unless prior arrangements have been made with the Port for Monthly Storage.

ITEM 11135 TRANSFER OF OWNERSHIP
Wharf demurrage charges, storage charges and receiving and delivery charges, are for the account of the cargo and any transfer of ownership after the cargo is received on the terminal will not entitle cargo to additional free time by reason of such transfer of ownership. 656

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
58 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

ITEM 12100 PER CONTAINER WHARF DEMURRAGE RATES
(See Item 11100)

Wharf Demurrage Rates on per-container basis are assessed on a daily basis including Saturdays, Sundays and Holidays as noted below:

CONTAINER OUTSIDE

LENGTH IN METERS

OVER BUT NOT OVER

DEMURRAGECHARGE PER DAY

FIRST FIVE DAYS

DEMURRAGE

CHARGE PER DAY EACH

ADDITIONAL DAY

0 -

7.0 $20 $37

7.0 - 9.0 $21 $43

9.0 - 11.9 $34 $63

11.9 - 13.0 $37 $67

13.0 or Over $49 $90

Non-Containerized and Breakbulk Cargo Demurrage Rates: (See Item 11100). Wharf Demurrage Charges on cargo not in containers will be assessed on a daily basis, including Saturdays, Sundays and Holidays as noted below:

ITEM 12105 NON-CONTAINER WHARF DEMURRAGE RATES
In Cents Per Ton of 1,000 Kilograms or 1 Cubic Meter or other unit on the same basis as wharfage is assessed, except as otherwise shown. Includes Saturdays, Sundays, and Holidays.

COMMODITY

CHARGE PER DAY
FOR FIRST 5 DAYS

CHARGE PER DAY FOR

EACH ADDITIONAL DAY
CARGO N.O.S.

LUMBER, PER 1,000
55 107

(continued on the next page)
657

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
59 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from previous page)

COMMODITY

CHARGE PER DAY
FOR FIRST 5 DAYS

CHARGE PER DAY FOR

EACH ADDITIONAL DAY
Feet B.M., or
fraction thereof

55 107
Vehicles, motor, on
wheels or treads, as
described in Item
N.O.S.
09195, 09200, 09205 and 09210
Per vehicle

156

308

ITEM 12110 PER CONTAINER WHARF STORAGE RATES

(See Item 11100)

Wharf Storage Rates on a Per Container basis are assessed on a daily basis, including Saturdays, Sundays and Holidays or on a monthly basis as noted below:

CONTAINER OUTSIDE

LENGTH IN METERS

OVER BUT NOT OVER

DAILY STORAGE RATE

PER DAY OR FRACTION

THEREOF

MONTHLY STORAGE

RATE PER MONTH

OR FRACTION THEREOF
0 - 7.0 $ 128

7.0 - 9.0 128 136

9.0 - 11.9 136 186

11.9 - 13.0 186 208

13.0 or Over 208 288
658

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
60 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from the previous page)

COMMODITY STORAGE RATES
COLUMN A – Daily Storage Rates, per day or fraction thereof, Saturdays, Sundays and holidays, inclusive.

COLUMN B – Monthly Storage Rates, per month or fraction thereof.

COMMODITY A B
ITEM 12115
Cargo, NOS per 1,000 kilograms
or 1 cubic meter whichever
produces the greater revenue. 41 459

ITEM 12120

Cargo, NOS, per 1,000 kilograms
Or 1 cubic meter whichever produces
the greater revenue – when held in
uncovered areas (see Note 1).

NOTE 1: When outside
uncovered storage is requested
by shipper or consignee of goods.

Will not apply where commodity
rates are specifically named for
either covered storage. 30 351

ITEM 12125

Abestos, in bags 23 250

ITEM 12130

Beans, Cocoa, in bags. 31 296

(continued on next page)
659

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
61 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from previous page)

ITEM 12135

Canned Goods, N.O.S (Except
dried, dehydrated or frozen).

In cases or cartons.

30 262
ITEM 12140
Coffee, green, in bags, per
Ton of 1,000 kilograms

32 N/A
ITEM 12145
Cotton, Cotton Linters,
Compressed, in bales

33 412
ITEM 12150
Fertilizers, N.O.S.

22 223
ITEM 12155
Fruit, dried, in bags or cases

28 261
ITEM 12160
Iron or Steel Articles, NOS.,
when held in uncovered areas

28 211-216
Iron or Steel Sheets, loose,
in packages, or in rolls

33 211-216
Iron or Steel Pipe, NOS 33 354-361
ITEM 12165
Liquor, i.e., Alcoholic Beverages

42 465

660

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
62 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from previous page)

ITEM 12170
Lumber, per 1,000 feet B.M.,
In uncovered areas 58
ITEM 12175

Lumber, per 1,000 feet B.M., in
areas
uncovered
33 330
ITEM 12180
Milk, or Milk Products, dried

32 ITEM 12185
Ore and Ore Concentrates, in
packages – when held in
uncovered areas

28 216
ITEM 12190
Paper and Paper Articles,
viz.:

Bags
Boxes, Fiber, Corrugated, K.D.

45 229
Folded
Napkins, Towels
Newsprint, in rolls pulpboard,

54 65
623

1042
in rolls
Tissues, NOS, including toilet
paper
21 53
216

623
Waste, in machine compressed
bales, or bundles
35 312
661

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
63 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from previous page)

Wrapping paper 49 537
ITEM 12195
Petroleum and Petroleum

Outbound Products, in packages
only

31 285
ITEM 12200
Pipe, asbestos, and/or cement
When held in uncovered areas

31 285
ITEM 12205
Plywood or Veneer, N.O.S., in
Packages

49 552
ITEM 12210
Rice
43 330
ITEM 12215
Sugar, N.O.S., in sacks
31 286
ITEM 12220
Tin Plate
275 235
ITEM 12225
Vehicles, Commercial (as described
in item 09200), per unit

97 - -
662

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
63 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from previous page)
ITEM 12230
Vehicles, Motor, on wheels
not boxed (as described in Item 09195, per unit:

(a) When stored in closed areas
(b) When stored in open areas,
on terminal, per vehicle
179

92 446
(c ) When stored in open areas
off terminal per vehicle
69 ITEM 12235
Vehicles, trucktractors (as
Described in item 092051),
Per units:

169

ITEM 12240
Wire or Strapping in cartons,
boxes, crates, on skids, or
on reels

31 261
ITEM 12245
Yachts and Small Boats
(applicable Intercoastal Trade
only):

For the first 14 calendar days
after expiration of free time

87 N/A

(continued on next page)
663

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
64 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.12 SECTION 12 - WHARF DEMURRAGE & STORAGE –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from previous page)

For each day exceeding 14
calendar days 162 N/A
664

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
65 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.13 SECTION 13 - CRANE RENTAL, RULES AND RATES –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

ITEM 13100 EQUIPMENT RENTAL
Crane and equipment listed below, when available, will be rented at the convenience of the Terminal.

Rates named apply per hour or fraction thereof and do not include cost of operator. To determine hours of usage, all operating time will be counted.

Equipment rental starts and terminates when the extra labor service starts and terminates. All labor costs will be assessed by the stevedore.

DESCRIPTION RATE PER HOUR

Yard Gantry Crane (Bridge type) $499

Vessel Gantry Crane $499
ITEM 13105 VESSEL GANTRY CRANE – RENTAL OTHER THAN CONTAINERS

Vessel Gantry Crane when available, will be rented at the convenience of the Terminal.

Rate named applies per hour or fraction thereof and does not include cost of operator. To determine hours of usage, all operating time is counted.

All labor costs will be assessed by the stevedore.

RATE: $152
665

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
66 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.14 SECTION 14 - MISCELLANEOUS CHARGES -

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(Rates in cents per unit shown, except as otherwise provided)

DESCRIPTION OF SERVICES RENDERED

ITEM 14100 ELECTRIC CURRENT

All electric current furnished by the Port to vessels or equipment for power or ship lighting must pass through the meters of the Port and will be supplied at cost plus a service charge of $33.00. There will be a seven dollar ($7.00) minimum charge per month.

The charges for connecting lighting or power circuits, submeters or providing any other connections or equipment shall be actual charges plus a service charge of $33.00 or 15% whichever is greater.

EXCEPTIONS: Ships moving, of their own volition, from one pier to another requiring light or power connections shall be charged for such connections as provided above.

However, ships berthed for repairs and moved by order of the Port Director will not be required to pay additional service charges but shall in lieu thereof, pay time and material charges and/or submeter charges.

Electric Cable Rental Rates (in cents per foot, per day or fraction thereof including Saturdays, Sundays and Holidays), (see Note):

First 15 days .18 cents
Each day thereafter .09cents

NOTE: Power cables are precut in 250 foot increments. Ships will be charged according to the incremental length required.

ITEM 14110 WATER
The charge for water furnished to vessels shall be as follows:

For the first 1,000 cubic feet
per 100 cubic feet, (see Note 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $13 For all over 1,000 cubic feet,
per 100 cubic feet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15 666

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
67 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.14 SECTION 14 - MISCELLANEOUS CHARGES -

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from previous page)

NOTE: 1 Minimum Charge $15 per vessel

(2 ) Water delivered through pipelines at the port with billing thereof performed by the port will be assessed charges in accordance with the charges assessed by the East Bay Municipal Utility District plus a service charge of $41 or 15% whichever is greater.
667

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
68 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.15 SECTION 15 - ASSIGNMENT OF AREA –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

ITEM 15100 ASSIGNMENT OF AREA; DEFINITION OF
“ASSIGNMENT OF AREA” shall mean the granting of temporary use of Port Operations’ land or facilities to an assignee. These areas include land or facilities subject to long term contracts by Port Operations.

ITEM 15105 ASSIGNMENT OF AREA: HOW ASSIGNED
The Port Director may make assignments of area upon forms provided by the Port subject to the charges, rules and regulations of the Port applicable thereto, including those set forth in other sections of this tariff, and to such terms and conditions as may be contained in any such agreement.

ITEM 15110 ASSIGNMENT OF AREA; RULES AND REGULATIONS
(a) Charges for the assignment of area are in addition to other charges named in this tariff. (b) Charges shall be payable monthly in advance and shall be computed on the following basis:
(1) Monthly assignment periods shall operate on a calendar-month basis. (2) Assignments which commence on any day other than the first day of a calendar month shall be prorated on a daily basis to the first day of the following calendar month, and such prorated charges shall be payable in advance.
(3) Where an assignment commences in the second half of one calendar month, the prorated charges for such portion of the calendar month, plus assignment charges for the following calendar month, shall be payable in advance.
(c) The minimum assignment period shall be for a period of not less than one calendar month or thirty consecutive calendar days.
(d) The Assignee may terminate the assignment on not less than ten days’ written notice. (e) The Port Director may terminate assignments without compensation to the Assignee, and order the Assignee to vacate the assigned area, upon not less than ten days’ written notice. (f) Assignments shall not be transferred.
(g) The right to measure and remeasure premises, whenever, it is deemed necessary, is reserved by the Port Director, and the measurement or remeasurements made by the Port Director shall be 668

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
69 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.15 SECTION 15 - ASSIGNMENT OF AREA –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from previous page)

used for the purposes of determining the kind and size of any additional area occupied, and Assignee shall be assessed charges at a penalty rate of TRIPLE the scheduled rate for such additional area occupied without prior approval of the Port Director.

ITEM 15115 ASSIGNMENT OF COVERED, UNCOVERED AND WATER AREA; CHARGES FOR Charges for the assignment of covered, uncovered and water area are for area occupancy only; alterations, improvements, cleaning, damage, maintenance and utility costs are in addition and shall be borne by the Assignee.

ITEM 15120 SPACE ASSIGNMENT RATES

Cents Per Square Foot per Month
(Except as Noted)
Type of Area (Subject to Note 1)
A Covered 17
B Uncovered, Paved (Subject to Note 2) 10
Unpaved (Subject to Note 2) 9
Minimum Charge - $243.00 per month per assignment of covered area; $117.00 per month per assignment of uncovered area.

C Office Space
(1) Office Space, NOS .72 Office
(2) Space, NOS, Air Conditioned .84

(continued on next page)
669

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
70 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.15 SECTION 15 - ASSIGNMENT OF AREA –

EFFECTIVE: 01/01/95 FILING: 11/09/94 (C)

(continued from previous page)

(3) Terminal Office Building 1.39

NOTE 1: If the assignment is terminated by the Port Director, charges for the termination month will be prorated on a daily basis.

NOTE 2: In addition to the above rates, uncovered fenced areas will be assessed ½ cent per square foot.
670

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
71 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.16 SECTION 16 - SYMBOLS AND TARIFF AVAILABILITY –

EFFECTIVE: 03/01/94 FILING: 02/09/94 (RCI)

ABBREVIATIONS

A.M. Before Noon
Bbls Barrels
B.M. Board Measure
Cu. Ft Cubic Feet
E.G. or e.g. For Example
Etc And so on
Ft Feet
Gals Gallons
I.e. That is
In Inches
K.D. Knocked Down
K.D.F. Knocked Down Flatt
KG(s) Kilograms
KM (s) Kilometers
Lbs Pounds
LT (s) Liters
M Meters
M.T. Metric Tons
No Number
N.O.S. Not otherwise specified in this tariff
Pkg Package
P.M. After Noon
S.U. Set Up
Viz Namely
W/M Weights or Measurement
% Percentage

FILING/AMENDMENT TYPE
(A) Increase
671

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2023
72 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.16 SECTION 16 - SYMBOLS AND TARIFF AVAILABILITY –

EFFECTIVE: 03/01/94 FILING: 02/09/94 (RCI)

(continued from previous page)
(B) Change resulting in neither increase or decrease in rates or charges (C) Expiration (also use (A) if the deletion results in the application of a higher “cargo N.O.S.” or similar rate).
(D) New or Initial matter.
(E) Reduction
(F) Special Case matter filed pursuant to Special Permission, Special Docket or other Commission direction.
(G) Terminal Rates, charges or provisions or canal tolls over which the Carrier has no control
(H) Withdrawal of an erroneous filing on the same filing date.

ACCESS TO TERMINAL TARIFF INFORMATION
A. General
Pursuant to 46 CFR 514.8 (k) (v), the official version of this Tariff is the version of any and all tariff objects published and effective on a specific date in the ATFI central site computer or the ATFI archives. Individual tariffs are accessible by registered ATFI interactive retrievers and by the public at terminals in the Commission’s Tariff Control Center.

B. TARIFF AVAILABILITY

1. This Tariff is open for public inspection at the Terminal address as shown in the AFTI Organization Record or on the title page of the paper version of this tariff.

2. In the event of an major emergency at ATFI where the ATFI host processor is inaccessible due to an equipment breakdown, the official Tariff is that noted above which is available to subscribers at the above noted address.

3. The Tariff subscription fee is $390.00 per year.
672

MEMBERS

Humboldt Bay Harbor District
Port of Hueneme
Port of Long Beach
Port of Los Angeles
Port of Oakland
Port of Redwood City
Port of Richmond
Port of San Diego
Port of San Francisco
Port of Stockton
Port of West Sacramento

CALIFORNIA ASSOCIATION OF PORT AUTHORITIES
CaliforniaPorts.org

OFFICERS

Danny Wan
President

Kristine Zortman
Vice President

Wei Chi
Treasurer

Martha Miller
Executive Director

COMMITTEE ON TARIFFS AND PRACTICES

DOCKET PROPOSAL

Members of the Committee:

The following matter is submitted for your consideration. A vote will be taken on this Docket Proposal at the regularly scheduled meeting of the Tariffs & Practices Committee on June 20th , Meeting 2023.

Submitted by: Port of Richmond Docket No.: 23-8-2

Subject: Consumer Price Index adjustments to items in the Port of Richmond’s Tariff No. 3

Proposal: Implement rate amendments
CPI-U: 6.2% increase, per Bureau of Labor Statistics, West Region Consumer Price Index for All Urban Consumers (CPI-U).

The City of Richmond operates various terminal facilities at the Port of Richmond it is desirable to amend the Port of Richmond Terminal Tariff FMC No. 3 by implementing a 6.2% tariff rate increase (General Rate Increase), effective July 1, 2023.

Justification:

Rate increases keep the Port of Richmond current with annual CPI-U, this item is important to bill tariff fees appropriately and have supportive documentation. This item will be going to the Richmond City Council in July 2023.

Date: June 20, 2023 Signed: Lizeht Zepeda

Name: Lizeht Zepeda

Title: Sr. Business Assistance Officer

cc: CAPA Executive Director
Committee on Tariffs & Practices
673
From: Laura Lane
To: [email protected]; Alan Wolken; [email protected]; [email protected]; [email protected]; Lizeht Zepeda; Caris, Eric <[email protected]>; [email protected]; [email protected]; Delepine, Boris <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; Janie Singleton; [email protected]; [email protected]; [email protected]; Joel Valenzuela <[email protected]>; [email protected]; Larry Oetker <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; Rick Toft <[email protected]>; [email protected]; [email protected]; [email protected]; Antonelli, Matthew <[email protected]>; Fairchild, Sean <[email protected]>; Austin Yang <[email protected]>; [email protected] Cc: Paul Murre; Danielle Jennings; Danny Offer; Martha Miller Subject: RE: CAPA T&P Committee Monthly Meeting
Date: Tuesday, June 20, 2023 11:31:45 AM
Attachments: image001.png
This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

Thanks for a great meeting this morning, as discussed, I’ve added an updated GRI table based on today’s approvals and discussion below:

2022 Port GRI Increase Date
Los Angeles 7.10% 4-May
Hueneme 7.90% 6-Jun
San Diego 5% 6-Jun
Richmond 2% 26-Sep
2023
Los Angeles 6.20% 20-Apr
Stockton 6.20% 16-May
Hueneme 3.80% 20-Jun
Richmond 6.20% 20-Jun
San Diego 8% Pending

If there are any tariff basics, or other materials you’d like to share with the group, please send them my way and I’ll distribute.

LL

Laura E. Lane
San Francisco|816.719.8515
PlatinumAdvisors.com | LinkedIn | Facebook

From: Laura Lane
Sent: Tuesday, June 20, 2023 9:00 AM
To: [email protected]; Alan Wolken <[email protected]> <[email protected]>; [email protected]; [email protected]; 674
[email protected]; Lizeht Zepeda <[email protected]>; Caris, Eric <[email protected]> <[email protected]>; [email protected]; [email protected]; Delepine, Boris <[email protected]> <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Joel Valenzuela <[email protected]> <[email protected]>; [email protected]; Larry Oetker <[email protected]> <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; Rick Toft <[email protected]> <[email protected]>; [email protected]; [email protected]; [email protected]; Antonelli, Matthew <[email protected]> <[email protected]>; Fairchild, Sean <[email protected]> <[email protected]>; Austin Yang <[email protected]> <[email protected]>; [email protected]
Cc: Paul Murre <[email protected]>; Danielle Jennings <[email protected]>; Danny Offer <[email protected]>; Martha Miller <[email protected]> Subject: RE: CAPA T&P Committee Monthly Meeting

And from the Port of Hueneme.

Laura E. Lane
San Francisco|816.719.8515
PlatinumAdvisors.com | LinkedIn | Facebook

Attached are the docket materials from the Port of Richmond for this morning.

LL

Laura E. Lane
San Francisco|816.719.8515
PlatinumAdvisors.com | LinkedIn | Facebook

Attached is an agenda for this morning’s meeting. I’ve had requests for dockets from Richmond and Hueneme, but haven’t received anything – Austin and Lizeht, let me know if you need anything distributed.

See you all soon!
LL

Laura E. Lane
675
San Francisco|816.719.8515
PlatinumAdvisors.com | LinkedIn | Facebook

Martha Miller is inviting you to a scheduled Zoom meeting.

Topic: CAPA T&P Committee Monthly Meeting
Time: This is a recurring meeting

Join Zoom Meeting
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Meeting ID: 840 0197 3911
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676

Reso. No. _____

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, APPROVING A 6.2% INCREASE TO THE PORT OF RICHMOND TERMINAL TARIFF FEDERAL MARITIME COMMISSION NO. 3.

WHEREAS, the City of Richmond operates various terminal facilities at the Port of Richmond ; and

WHEREAS, it is desirable to amend the Port of Richmond Terminal Tariff FMC No. 3 by implementing a six and two -tenths (6.2) percent tariff rate increase (General Rate Increase), effective July 1, 2023; and

WHEREAS, on June 20, 2023, the California Association of Port Authorities (CAPA), Committee on Tariffs and Practices, approved the Port of Richmond's Docket Proposal which is based on the West Region Consumer Price Index for All Urban Consumers; and

WHEREAS, any tariff fees owed on or after July 1, 2023 will be charged retroactively implementing a 6.2% tariff rate increase (General Rate Increase); and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richmond hereby adopts an amendment to the Port of Richmond Tariff FMC No. 3 increasing the tariff rate by 6.2% retroactively effective as of July 1, 2023.

BE IT FURTHER RESOLVED, that the City Council of the City of Richmond hereby authorizes the City's Port Executive Director or designee to publish the rates and rules, as required.

******************

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: AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

EDUARDO MARTINEZ
Mayor

Approved as to form:

DAVE ALESHIRE
City Attorney

677

Reso. No. _____

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
678

MEMBERS

Humboldt Bay Harbor District
Port of Hueneme
Port of Long Beach
Port of Los Angeles
Port of Oakland
Port of Redwood City
Port of Richmond
Port of San Diego
Port of San Francisco
Port of Stockton
Port of West Sacramento

CALIFORNIA ASSOCIATION OF PORT AUTHORITIES
CaliforniaPorts.org

OFFICERS

Danny Wan
President

Kristine Zortman
Vice President

Wei Chi
Treasurer

Martha Miller
Executive Director

MEMORANDUM

TO: CAPA Tariffs and Practices Committee Members
FROM: Martha Miller, CAPA Executive Director
RE: West Region Consumer Price Index for All Urban Consumers (CPI-U) General Rate Increase (GRI) – 6.2%
DATE: January 13, 2023

The Bureau of Labor Statistics has identified a 6.2% increase in the West Region Consumer Price Index (CPI-U) for the 12-month period ending December 2022. A link to the Bureau website with CPI details can be found here. CAPA’s policy relating to rate increases is as follows:

All member ports within the California Association of Port Authorities (CAPA) will consider implementing an annual General Rate Increase (GRI) based on the Bureau of Labor Statistics West Region Consumer Price Index for All Urban Consumers (CPI-U), or other local or regional CPI indices. CAPA will provide the CPI-U change for the 12-month period ending December of each year. If implementing, member ports will apply the GRI on July 1st of each year or according to their individual fiscal calendars. Ports will provide 30-day notice prior to implementation and may exercise individual hold downs on select tariffs.

Participating CAPA members will use the CPI-U or other local or regional CPI indices –whichever is lower – as the “floor” for implementing a general rate increase this year.

Sincerely,

Martha Miller
Executive Director
California Association of Port Authorities
679

November 7, 2023

Finance Department

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Sam Vaughn, Deputy Director-Office of Neighborhood
Safety
Jerry Chak, Accounting Manager

Subject:

Second Contract Amendment with Badawi and
Associates for Audit Services
FINANCIAL IMPACT: The contract amendment increased amount of $18,000 derives from the City’s Grants Fund (Fund 1006) as it is seeking inclusion for an audit of the California Violence Intervention and Prevention Grant Program. Funding to
cover auditing services is budgeted in the proposed
Fiscal Year (FY) 2023-2024 (Account Sting: 10612051-
400201-2BQ03).

PREVIOUS COUNCIL
ACTION:

July 11, 2023 – first amended contract approved.

March 17, 2020 – initial contract approval.

STATEMENT OF THE
ISSUE:

City Staff is seeking approval to amend its contract to include an audit of the City’s California Violence
Intervention and Prevention Grant Program for the period from October 1, 2020, to June 30, 2023.

AGENDA
REPORT
680

November 7, 2023
RECOMMENDED ACTION:

APPROVE a second contract amendment with Badawi
and Associates in the amount of $18,000, for a new total amount not to exceed $1,548,370, to provide an audit of the City’s California Violence Intervention and Prevention Grant Program, for the period from October 1, 2020, to
June 30, 2023 – Finance Department/ Office of
Neighborhood Safety (Andrea Miller/Mubeen Qader/Sam
Vaughn/Jerry Chak 510-620-6569).

DISCUSSION:

On March 17, 2020, City staff recommended, and the City Council approved a contract with Badawi and Associates to audit the City’s financial statements and financial statements of component entities for the Fiscal Years 2019-2020 to 2021-2022, with an option to extend the contract not to exceed a total of two additional fiscal years.

On July 11, 2023, City staff recommended, and the City Council approved an amended contract with Badawi and Associates to continue providing annual audit services to the City and its related entities for Fiscal Years 2022-2023 and 2023-2024, for an amount not to exceed $309,775 per fiscal year.

City staff is seeking a second contract amendment to the contract with Badawi and Associates to audit the City’s financial statements and financial statements of component entities, to include an audit of the City’s California Violence Intervention and Prevention Grant Program, administered by Board of State and Community Corrections, for the period from October 1, 2020, to June 30, 2023. The second amendment would increase the contract not-to-exceed amount by $18,000 from $1,530,370 to $1,548,370.

The California Violence Intervention and Prevention Grant was awarded on September 10, 2020, and approved by the Council on December 1, 2020. Through the grant, the City provided violence intervention, prevention, and suppression activities services throughout a three-year period.

Grant activity ended June 30, 2023, and as a requirement of the California Violence Intervention and Prevention Grant Program, a financial audit is required by a contracted financial auditor identified by the City after the program period ends. The audit and project evaluation are due by December 31, 2023.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – First Amendment to the Contract
Attachment 3 – Proposed Second Amendment to the Contract 681
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CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Finance Department
Jerry Chak
[email protected]
(510) 620-6569
14373
5117
Annual audits for the fiscal years ending June 30, 2023 and June 30, 2024. ✔
1 Badawi & Associates
2855 Telegraph Avenue, Suite 312
Berkeley, CA 94705
Ahmed Badawi
(510) 768-8244
[email protected]
40059976
December 31, 2023
✔
April 2, 2020
July 1, 2020
June 30, 2023
910,820.00
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 739
Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Badawi & Associates
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 President
Mayor
740
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:

"2. Term. The effective date of this Contract is

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:

"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."

“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

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

Contract Amendment/EJ/TE 9-26-07

1 5117
July 1, 2020
June 30, 2025
619,550.00
1,530,370.00
Badawi & Associates
Contractor shall conduct the annual audits for the fiscal years ending June 30, 2023 and June 30, 2024 of the City of Richmond's (including Successor Agency footnotes) and Richmond Housing Authority's (including RHA Properties and its affiliated entities) financial statements and Single Audits, Joint Powers Financing Authority Financial Statements, Annual Report of City Financial Transactions to State Controller, Management and Internal Control Recommendations and agreed upon procedures report to comply with HUD Real Estate Assessment Center (REAC). If required, Badawi & Associates shall also perform compliance audits of the City's Transportation Development Act Grants.

DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 741
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

Badawi & Associates
1 5117
619,550.00
1,530,370.00
6/30/2025
✔
✔
1,530,370.00
1,530,370.00
1,530,370.00
1,530,370.00
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 742
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 743
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

Required Policy Conditions
Additional Insured Endorsement Applic able to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

Claims-Made Policies
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 744
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 745
Email documents to: [email protected] CONTRACTOR: DATE OF CONTRACT: P.O. # DEPARTMENT: REQUESTOR & PHONE #: CONTRACT TYPE: DESCRIBE PROJECT / WORK: Required? Yes No Type of Insurance Insurance Company Name Policy Number Expiration Date Per Occurrence Insurance Limit Endorsement Attached? Yes No Request Waiver General Liability Auto Liability Excess/Umbrella Liability Compensation Professional Liability APPROVED: ___________________________________________ DATE: ______________ Authorized Risk Management Signature New: Renewal:

Risk Management Use Only Waiver Approved: Yes: No: N/A:

DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 746
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

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

DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 747
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: June 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

Claims-Made Policies
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 748
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 749

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

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

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

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

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

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
3/19/2023
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd, Suite 230
Lafayette CA 94549
The Certificate Team
[email protected]
License#: 6003745
Great Divide Insurance Company
25224
BADA&AS-01
Continental Casualty Company
20443
Badawi & Associates
2855 Telegraph Avenue, Suite 312
Berkeley CA 94705
American Casualty Company of Reading,
20427
998191217
B
X
2,000,000
X
1,000,000
10,000
2,000,000
4,000,000
X
Y
Y
6025157574
3/19/2023
3/19/2024
4,000,000
B
1,000,000
X
X
Y
Y
6025157574
3/19/2023
3/19/2024
B
X
X
1,000,000
Y
6025157655
3/19/2023
Y
3/19/2024
1,000,000
X
10,000
C
X
Y
6025157610
3/19/2023
3/19/2024
1,000,000
1,000,000
1,000,000
A
Professional Liability
CAB2015089
3/19/2023
3/19/2024
Per Claim
Aggregate Limit
$1,000,000
$2,000,000
Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability. Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies.

RE: All Operations of the Named Insured -- City of Richmond is named as an additional insured as respects general and auto liability as required per written contract or agreement.
30 Day Notice of Cancellation
City of Richmond
450 Civic Center Plaza
Richmond CA 94804
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 750
Workers Compensation And Employers Liability Insurance
Policy Endorsement

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.

It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following:

We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
60606
Policy No:

Policy Effective Date:

Endorsement Expiration Date: Form No: G-19160-B (11-1997) Underwriting Company:
© Copyright CNA All Rights Reserved.
6025157610
03/19/2024
03/19/2023
American Casualty Company of Reading, Pennsylvania
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084751 
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                                                    
                          
                               
                  
            
                      
 
Policy #: 6025157574
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 752


                    
 
                             
                                          
                    
                                   
                
                      
                             
     
       
 
               
                 
                     
 
                              
  
 
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
 
                                                             
 
                                                                    
 
                                                                                              
                            
              
 
                                               
                         
     
                         
           
                   
  
 
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 754


 
                                
  
 
    
                                                
                             
            
                       
                                                           
 
  
                   

 
  
 
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 755


                      
 
                                           
      
                                  
 
               
                               
 
            
                  
 
        
    
                                                                                                                 
  
 
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 756


 
                                                                                
  
         
 

                                             
                 
 
                               
              
                
                
 
           
                 
                       
                                              
  
 
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 757


                                                                             
                    
      
 
 
              
                            
        
           
                                 
 
                                                    
 
 
   
  
 
DocuSign Envelope ID: FA0A8C27-0847-482E-BD69-D03F1AD80084 758
SB146902G
(Ed. 6-16)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS LIABILITY COVERAGE FORM

BUSINESSOWNERS COMMON POLICY CONDITIONS

SCHEDULE
Insurance is provided only with respect to those coverages for which a specific limit is shown:

COVERAGE LIMIT
Hired Auto Liability: $
Non-owned Auto Liability: $
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

PROVISIONS
A. COVERAGE
With respect only to the Coverage(s) for which a limit is shown in the SCHEDULE above, the insurance provided under Coverage A.1. Business Liability for "bodily injury" and "property damage" also applies to "bodily injury" or "property damage" arising out of the maintenance or use of a:
• "Hired auto" used by you or your "employee" in the course of your business; and/or • "Non-owned auto" used in the course of your business. Maintenance or use of a "non-owned auto" includes test driving in connection with an "auto business."
With respect only to the coverage provided by this endorsement, under Coverages, coverage A.1. Business Liability is amended to:

1. Delete paragraph A.1.b.(1)(b) and replace it with the following:
b. This insurance applies:
(1) To "bodily injury" and "property damage" only if:
(b) The "occurrence" occurs during the policy period; and

2. Delete paragraph A.1.b.(2),.

B. LIMITS OF INSURANCE
With respect only to the coverage provided by this endorsement, SECTION D. Liability And Medical Expenses Limits of Insurance is deleted in its entirety and replaced with the following:

D. Limits Of Insurance

1. Regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought;
c. Persons or organizations making claims or bringing "suits"; or d. "Autos,"
the applicable Hired Auto Liability limit or Non-Owned Auto Liability limit shown in the Declarations is the most we will pay for damages under SECTION A. Coverages because of all "bodily injury" and "property damage" resulting from any one "occurrence" arising out of the maintenance or use of a "hired auto" or "non-owned auto."
SB146902G (Ed. 6-16)