Richmond City Council
May 27, 2025

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4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".

Coverage is excess over any other collectible
insurance.

5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any "auto"
you own, then the Physical Damage Coverages
provided are extended to "autos" you hire or
borrow, subject to the following limit.

The most we will pay for "loss" to any hired "auto"
is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that coverage.

No deductible applies to "loss" caused by fire or
lightning. Hired Auto Physical Damage coverage
is excess over any other collectible insurance.

Subject to the above limit, deductible and excess
provisions, we will provide coverage equal to the
broadest coverage applicable to any covered
"auto" you own.

We will also cover loss of use of the hired "auto" if
it results from an "accident", you are legally liable
and the lessor incurs an actual financial loss,
subject to a maximum of $1000 per "accident".

This extension of coverage does not apply to any
"auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.

6. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.

7. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges resulting
from overdue payments; additional mileage
charges; excess wear and tear charges; lease
termination fees; security deposits not returned by
the lessor; costs for extended warranties, credit
life Insurance, health, accident or disability
insurance purchased with the loan or lease; and
carry-over balances from previous loans or
leases.

8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

9. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
(3) An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section III, Physical Damage Coverage, Limit
of Insurance, Paragraph C.2. is amended to
add the following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic equipment
(other than equipment designed solely for the
reproduction of sound, and accessories used
with such equipment) that reproduces,
receives or transmits audio, visual or data
signals which, at the time of "loss", is:

Form HA 99 16 12 21 Page 3 of 5
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568321 (1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250, whichever
deductible is less.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.

11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.

12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

If another Hartford Financial Services Group, Inc.
company policy or coverage form that is not an
automobile policy or coverage form applies to the
same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by the
amount of the smaller (or smallest)
deductible.

13. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of an
"accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage Form
because of such failure.

15. HIRED AUTO - COVERAGE TERRITORY

SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY - is
added to include the following:
(6) For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of

SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:

We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damages
under this Coverage Form.

17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS, C. is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies except
as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver to
the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

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19. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical Damage
Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%, to
a maximum of $2,500, of the "non-hybrid"
auto’sactual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.

For the purposes of the coverage provision,
a. A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

20. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

Form HA 99 16 12 21 Page 5 of 5
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568323 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford

ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.

The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F-

OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:

The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.

The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
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BUSINESS LIABILITY COVERAGE FORM
(b) b.Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or
"employees", "volunteer workers", (2) "Personal and advertising injury"any partner or member (if you are arising out of an offense committeda partnership or joint venture), or before you acquired or formed the any member (if you are a limited organization.liability company).

4. Operator Of Mobile Equipmentb. Real Estate Manager
With respect to "mobile equipment" registered inAny person (other than your "employee" or your name under any motor vehicle registration"volunteer worker"), or any organization law, any person is an insured while driving suchwhile acting as your real estate manager. equipment along a public highway with yourc. Temporary Custodians Of Your permission. Any other person or organizationProperty responsible for the conduct of such person isAny person or organization having proper also an insured, but only with respect to liabilitytemporary custody of your property if you arising out of the operation of the equipment, anddie, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to:(2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the person driving the equipment; ord. Legal Representative If You Die b. "Property damage" to property owned by,Your legal representative if you die, but rented to, in the charge of or occupied byonly with respect to duties as such. That you or the employer of any person who isrepresentative will have all your rights and an insured under this provision.duties under this insurance.

5. Operator of Nonowned Watercrafte. Unnamed Subsidiary With respect to watercraft you do not own thatAny subsidiary and subsidiary thereof, of is less than 51 feet long and is not being usedyours which is a legally incorporated entity to carry persons for a charge, any person is anof which you own a financial interest of insured while operating such watercraft withmore than 50% of the voting stock on the your permission. Any other person oreffective date of this Coverage Part. organization responsible for the conduct ofThe insurance afforded herein for any such person is also an insured, but only withsubsidiary not shown in the Declarations respect to liability arising out of the operationas a named insured does not apply to of the watercraft, and only if no otherinjury or damage with respect to which an insurance of any kind is available to thatinsured under this insurance is also an person or organization for this liability.insured under another policy or would be However, no person or organization is anan insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or3. Newly Acquired Or Formed Organization b. "Property damage" to property owned by,Any organization you newly acquire or form, rented to, in the charge of or occupied byother than a partnership, joint venture or you or the employer of any person who islimited liability company, and over which you an insured under this provision.maintain financial interest of more than 50% of the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire a. f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
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BUSINESS LIABILITY COVERAGE FORM
(e)contract, written agreement or because of a Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products;A person or organization is an additional
(f) Demonstration, installation,insured under this provision only for that servicing or repair operations,period of time required by the contract, except such operations performedagreement or permit.
at the vendor's premises inHowever, no such person or organization is an connection with the sale of theadditional insured under this provision if such product;person or organization is included as an (g) Products which, after distributionadditional insured by an endorsement issued or sale by you, have been labeledby us and made a part of this Coverage Part, or relabeled or used as aincluding all persons or organizations added container, part or ingredient of anyas additional insureds under the specific other thing or substance by or foradditional insured coverage grants in Section the vendor; orF. – Optional Additional Insured Coverages. (h) "Bodily injury" or "propertya. Vendors
damage" arising out of the soleAny person(s) or organization(s) (referred to negligence of the vendor for itsbelow as vendor), but only with respect to own acts or omissions or those of"bodily injury" or "property damage" arising its employees or anyone elseout of "your products" which are distributed acting on its behalf. However, thisor sold in the regular course of the vendor's exclusion does not apply to:business and only if this Coverage Part (i) The exceptions contained inprovides coverage for "bodily injury" or (d) (f)Subparagraphs or ; or"property damage" included within the (ii)"products-completed operations hazard". Such inspections, adjustments, tests or servicing as the vendor(1) The insurance afforded to the vendor has agreed to make or normallyis subject to the following additional undertakes to make in the usualexclusions:
course of business, inThis insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to anyobligated to pay damages by insured person or organization fromreason of the assumption of whom you have acquired such products,liability in a contract or agreement. or any ingredient, part or container,This exclusion does not apply to entering into, accompanying orliability for damages that the containing such products.vendor would have in the absence b. Lessors Of Equipmentof the contract or agreement;
(1) Any person or organization from(b) Any express warranty whom you lease equipment; but onlyunauthorized by you;
with respect to their liability for "bodily(c) Any physical or chemical change injury", "property damage" orin the product made intentionally "personal and advertising injury"by the vendor; caused, in whole or in part, by your (d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;

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BUSINESS LIABILITY COVERAGE FORM
(2) e. Permits Issued By State Or PoliticalWith respect to the insurance afforded Subdivisionsto these additional insureds, this
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1) Any person or organization from (2)whom you lease land or premises, but With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) (b)Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition a.is not an insured under Paragraphs operations performed by or on ethrough . above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or(1) Any architect, engineer, or surveyor, but the acts or omissions of those actingonly with respect to liability for "bodily on your behalf:injury", "property damage" or "personal
(a)and advertising injury" caused, in whole In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and (ii)This insurance does not apply to This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.

Form SS 00 08 04 05 Page 13 of 24
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BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) 3. Each Occurrence LimitSupervisory, inspection,
architectural or engineering 2.a. 2.bSubject to or above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section – Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown inHow this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with

4. Personal And Advertising Injury Limitrespect to the conduct of any current or past partnership, joint venture or limited liability 2.b.Subject to above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by any one person or organization is the Personal
D. LIABILITY AND MEDICAL EXPENSES
and Advertising Injury Limit shown in theLIMITS OF INSURANCE Declarations.

1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To YouDeclarations and the rules below fix the most Limit is the most we will pay under Businesswe will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, lightning or explosion, while rented to you orc. Persons or organizations making claims or temporarily occupied by you with permission ofbringing "suits". the owner.2. Aggregate Limits
In the case of damage by fire, lightning orThe most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.

Aggregate Limit shown in the 6. How Limits Apply To Additional InsuredsDeclarations.

The most we will pay on behalf of a person orb. Damages because of all other "bodily organization who is an additional insuredinjury", "property damage" or "personal under this Coverage Part is the lesser of:and advertising injury", including medical a. The limits of insurance specified in aexpenses, is the General Aggregate Limit written contract, written agreement orshown in the Declarations. permit issued by a state or politicalThis General Aggregate Limit applies subdivision; orseparately to each of your "locations" b. The Limits of Insurance shown in theowned by or rented to you.

Declarations."Location" means premises involving the
Such amount shall be a part of and not in same or connecting lots, or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street, roadway or right-of-way of a railroad.

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BUSINESS LIABILITY COVERAGE FORM
(1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, 3.limit set forth in Paragraph above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in theany remaining period of less than 12 months, starting enforcement of any right against anywith the beginning of the policy period shown in the person or organization that may beDeclarations, unless the policy period is extended liable to the insured because of injuryafter issuance for an additional period of less than 12 or damage to which this insurancemonths. In that case, the additional period will be may also apply.deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Costof determining the Limits of Insurance.

No insured will, except at that insured's own
E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other than for first aid, without our consent.1. Bankruptcy
e. Additional Insured's Other InsuranceBankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered by other insurance available to an2. Duties In The Event Of Occurrence, additional insured, such additional insuredOffense, Claim Or Suit must submit such claim or "suit" to thea. Notice Of Occurrence Or Offense other insurer for defense and indemnity.

You or any additional insured must see to However, this provision does not apply toit that we are notified as soon as the extent that you have agreed in apracticable of an "occurrence" or an written contract, written agreement oroffense which may result in a claim. To permit that this insurance is primary andthe extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and a. b.Paragraphs and apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is an individual;If a claim is made or "suit" is brought
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political
subdivision or public entity.You and any other involved insured must:

Form SS 00 08 04 05 Page 15 of 24
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BUSINESS LIABILITY COVERAGE FORM
f. (3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured. upon your representations.

3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazardsa. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance isb. With respect to "mobile equipment" to available for a loss we cover under thiswhich this insurance applies, we will Coverage Part, our obligations are limited asprovide any liability, uninsured motorists, follows:underinsured motorists, no-fault or other a. Primary Insurancecoverage required by any motor vehicle b.law. We will provide the required limits for This insurance is primary except when those coverages. below applies. If other insurance is also primary, we will share with all that other4. Legal Action Against Us c.insurance by the method described inNo person or organization has a right under below.this Coverage Form:
b. Excess Insurancea. To join us as a party or otherwise bring us This insurance is excess over any of theinto a "suit" asking for damages from an other insurance, whether primary, excess,insured; or
contingent or on any other basis:b. To sue us on this Coverage Form unless (1) Your Workall of its terms have been fully complied
with. That is Fire, Extended Coverage,
Builder's Risk, Installation Risk orA person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosionthis insurance or that are in excess of the insurance for premises rented to youapplicable limit of insurance. An agreed or temporarily occupied by you withsettlement means a settlement and release of permission of the owner;liability signed by us, the insured and the (3) Tenant Liabilityclaimant or the claimant's legal representative.

That is insurance purchased by you to5. Separation Of Insureds cover your liability as a tenant forExcept with respect to the Limits of Insurance, "property damage" to premises rentedand any rights or duties specifically assigned to you or temporarily occupied by youin this policy to the first Named Insured, this with permission of the owner;insurance applies:
(4) Aircraft, Auto Or Watercrafta. As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured; and or use of aircraft, "autos" or watercraft tob. Separately to each insured against whom g.the extent not subject to Exclusion ofa claim is made or "suit" is brought. A.Section – Coverages.

6. Representations (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property damage" to borrowed equipment or(1) The statements in the Declarations the use of elevators to the extent notare accurate and complete; k. A.subject to Exclusion of Section –(2) Those statements are based upon Coverages.representations you made to us; and

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BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
Declarations of this Coverage Part.However, the following provisions c. Method Of Sharingapply to other insurance available to any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains,This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
(a) (b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)
additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.

Form SS 00 08 04 05 Page 17 of 24
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
(1) Printed in U.S.A.Form WC 04 03 06
Policy Expiration Date:

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Endorsement Number:Policy Number:

Effective Date: Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
57WEGAL1BZF
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CSW/Stuber-StroehEngineeringGroupInc.
504RedwoodBlvd.,Suite310
Novato,CA94947
03/31/2025
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568 332

QUICK REFERENCEBUSINESS LIABILITY COVERAGE FORMREAD YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORMBeginning onPageA.COVERAGES 1 1Business Liability 2Medical Expenses 2CoverageExtension -SupplementaryPaymentsB.EXCLUSIONS 3C.WHO IS AN INSURED 10D.LIABILITY AND MEDICAL EXPENSESLIMITS OF INSURANCE 14E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS151. 15Bankruptcy2. 15DutiesInTheEventOf Occurrence,Offense,ClaimOrSuit3. 16FinancialResponsibilityLaws4. 16Legal ActionAgainst Us5. 16SeparationOf Insureds6. 16Representations7. 16OtherInsurance8. 17TransferOf RightsOf RecoveryAgainst OthersToUsF.OPTIONAL ADDITIONAL INSURED COVERAGES 18 18AdditionalInsuredsG.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 FormSS 0008 0405
57SBWBO0500
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ABCDEFGHIJ

BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.

CThe word "insured" means any person or organization qualifying as such under Section . - Who Is An Insured.

GOther words and phrases that appear in quotation marks have special meaning. Refer to Section . - Liability And Medical Expenses Definitions.
(a) The "bodily injury" or "property A. COVERAGES
damage" is caused by an 1. BUSINESS LIABILITY COVERAGE (BODILY "occurrence" that takes place in the I NJURY, PROPERTY DAMAGE, PERSONAL "coverage territory";AND ADVERTISING INJURY) (b) The "bodily injury" or "propertyInsuring Agreement damage" occurs during the policy a. We will pay those sums that the insured period; and
becom
es legally obligated to pay as (c) Prior to the policy period, no insureddamages because of "bodily injury", 1.listed under Paragraph of Section"property damage" or "personal and C. – Who Is An Insured and noadvertising injury" to which this insurance "employee" authorized by you to giveappl ies. We will have the right and duty to or receive notice of an "occurrence"def end the insured against any "suit" or claim, knew that the "bodily injury"s eeking those damages. However, we will or "property damage" had occurred,have no duty to defend the insured against in whole or in part. If such a listedany "suit" seeking damages for "bodily insured or authorized "employee"i njury", "property damage" or "personal and knew, prior to the policy period, thatadv ertising injury" to which this insurance the "bodily injury" or "propertydoes not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence"
or offense and settle any claim of such "bodily injury" or "property or "suit" that may result. But: damage" during or after the policy period will be deemed to have been(1) The amount we will pay for damages is known prior to the policy period.D.limited as described in Section - (2) To "personal and advertising injury" Liability And Medical Expenses Limits caused by an offense arising out of your Of Insurance; and business, but only if the offense was(2) Our right and duty to defend ends when committed in the "coverage territory" we have used up the applicable limit of during the policy period.insurance in the payment of judgments, c. "Bodily injury" or "property damage" will besettlements or medical expenses to which deem
ed to have been known to havethis insurance applies.
occurred
at the earliest time when anyNo other obligation or liability to pay sums or

1.i
nsured listed under Paragraph of Sectionperform acts or services is covered unless C. –
Who Is An Insured or any "employee"explicitly provided for under Coverage aut
horized by you to give or receive noticeExtension - Supplementary Payments. of an "occurrence" or claim:b. This insurance applies:
(1) Reports all, or any part, of the "bodily (1) To "bodily injury" and "property injury" or "property damage" to us or damage" only if: any other insurer; Form SS 00 08 04 05 Page 1 of 24
© 2005, The Hartford
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568334 BUSINESS LIABILITYCOVERAGE FORM(2) b.Receivesawrittenorverbaldemandor Wewillmakethesepaymentsregardlessof claimfordamagesbecauseofthe"bodily fault.Thesepaymentswillnotexceedthe injury"or"propertydamage";or applicablelimitofinsurance.Wewillpay reasonable expensesfor:(3)Becomesawarebyanyothermeansthat (1)"bodilyinjury"or"propertydamage"has Firstaidadministeredatthetimeofan occurredorhasbeguntooccur. accident;d. (2)Damagesbecauseof"bodilyinjury"include Necessarymedical,surgical,x-rayanddamagesclaimedbyanypersonor dentalservices,includingprosthetic organizationforcare,lossofservicesor devices;anddeathresultingatanytimefromthe"bodily (3)Necessaryambulance,hospital, injury". professionalnursingandfuneral e.IncidentalMedical Malpractice services.(1)"Bodilyinjury"arisingoutofthe 3.COVERAGEEXTENSION-renderingoforfailuretorender SUPPLEMENTARY PAYMENTSprofessionalhealthcareservicesasa a.Wewillpay,withrespecttoanyclaimor physician,dentist,nurse,emergency "suit"weinvestigateorsettle,orany"suit" medicaltechnicianorparamedicshall againstan insured wedefend:bedeemedtobecausedbyan (1)Allexpenses weincur."occurrence", but only if: (2)Upto$1,000forthecostofbailbonds (a)Thephysician,dentist,nurse, requiredbecauseofaccidentsortraffic emergencymedicaltechnicianor lawviolationsarisingoutoftheuseof paramedicisemployedbyyouto anyvehicletowhichBusinessLiability provide suchservices; and Coveragefor"bodily injury"applies. We (b)Youarenotengagedinthe donothave to furnishthesebonds.businessoroccupationofproviding (3)Thecostofappealbondsorbondsto suchservices. releaseattachments,butonlyforbond (2)Forthepurposeofdeterminingthe amountswithintheapplicablelimitof limitsofinsurancefor incidentalmedical insurance.Wedonothavetofurnish malpractice,anyactoromission these bonds.togetherwithallrelatedactsor (4)All reasonable expenses incurred by the omissionsinthefurnishingofthese insuredatour request to assist us in the servicestoanyonepersonwillbe investigationordefenseoftheclaimor considered one"occurrence"."suit",includingactuallossofearnings 2.MEDICAL EXPENSES upto$500adaybecauseoftimeoff InsuringAgreement fromwork.a.Wewillpaymedicalexpensesasdescribed (5)Allcoststaxedagainsttheinsuredin belowfor"bodilyinjury"causedbyan the "suit".accident: (6)Prejudgmentinterestawardedagainst (1)On premisesyou ownor rent; theinsuredonthatpartofthejudgment wepay.Ifwemakeanoffertopaythe (2)Onwaysnexttopremisesyouownor applicablelimitofinsurance,wewillnot rent;or payanyprejudgmentinterestbasedon (3)Becauseofyour operations; that period of time aftertheoffer.provided that: (7)Allinterestonthefullamountofany (1)Theaccidenttakesplaceinthe judgmentthataccruesafterentryofthe "coverageterritory"andduringthe judgmentandbeforewehavepaid, policyperiod; offeredtopay,ordepositedincourtthe partofthejudgmentthatiswithinthe (2)The expenses are incurredand reported applicable limit of insurance.touswithinthreeyearsofthedateof the accident; and (1) (7)Anyamountspaidunderthroughabovewillnotreduce the limits of insurance.(3)Theinjuredpersonsubmitsto examination,atourexpense,byphysiciansofourchoiceasoftenaswe reasonably require.Page 2of24 FormSS 0008 0405 Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568335 BUSINESS LIABILITYCOVERAGE FORMb.Ifwedefendaninsuredagainsta"suit" Solongastheaboveconditionsaremet,andanindemniteeoftheinsuredisalso attorneys'feesincurredbyusinthenamedasapartytothe"suit",wewill defenseofthatindemnitee,necessarydefendthatindemniteeifallofthe litigationexpensesincurredbyusandfollowingconditionsare met: necessarylitigationexpensesincurredbytheindemniteeatourrequestwillbe(1)The"suit"againsttheindemnitee paidasSupplementaryPayments.seeksdamagesforwhichtheinsured hasassumedtheliabilityofthe Notwithstandingtheprovisionsof 1.b.(b) B.indemniteeinacontractoragreement ParagraphofSection–thatisan "insured contract"; Exclusions,suchpaymentswillnotbe deemedtobedamagesfor"bodily (2)Thisinsuranceappliestosuchliability injury"and"propertydamage"andwill assumed bytheinsured; not reducetheLimits of Insurance.(3)Theobligation to defend, or the cost of Ourobligationtodefendaninsured's thedefenseof,thatindemnitee,has indemniteeandtopayforattorneys'fees alsobeenassumedbytheinsuredin andnecessarylitigationexpensesas the same "insured contract"; Supplementary Paymentsends when:(4)Theallegationsinthe"suit"andthe (1)Wehaveuseduptheapplicablelimit informationweknowaboutthe ofinsuranceinthepaymentof "occurrence"aresuchthatnoconflict judgments orsettlements; orappearstoexistbetweentheinterests (2)oftheinsuredandtheinterestofthe Theconditionssetforthabove,ortheindemnitee; termsoftheagreementdescribedin(6)Paragraphabove,arenolongermet.(5)Theindemniteeandtheinsuredask ustoconductandcontrolthedefense B.EXCLUSIONSofthatindemniteeagainstsuch"suit" 1.ApplicableTo Business LiabilityCoverageandagreethatwecanassignthe Thisinsurancedoes not apply to:samecounseltodefendtheinsured andtheindemnitee;and a.ExpectedOrIntendedInjury(6)The indemnitee: (1)"Bodilyinjury"or"propertydamage" expectedorintendedfromthe (a)Agreesinwritingto: standpointoftheinsured.This (i)Cooperatewithusinthe exclusiondoesnotapplyto"bodily investigation,settlementor injury"or"propertydamage"resulting defense of the "suit"; fromtheuseofreasonableforceto (ii)Immediately sendus copies of protectpersons orproperty; oranydemands, notices, (2)"Personalandadvertisinginjury"arisingsummonsesorlegalpapers outofanoffensecommittedby,atthereceivedinconnectionwith directionoforwiththeconsentorthe "suit"; acquiescenceoftheinsuredwiththe(iii)Notify any otherinsurerwhose expectationofinflicting"personalandcoverageisavailabletothe advertisinginjury".indemnitee; and b.ContractualLiability(iv)Cooperatewithuswith (1)"Bodilyinjury"or"propertydamage";orrespecttocoordinatingother (2)"Personal andadvertisinginjury"applicableinsuranceavailable to the indemnitee; and forwhichtheinsuredisobligatedtopay damagesbyreasonoftheassumptionof(b)Providesuswithwritten liabilityina contractor agreement.authorizationto: Thisexclusiondoesnotapplytoliability (i)Obtainrecordsandother for damages becauseof:informationrelatedtothe "suit"; and (a)"Bodilyinjury","propertydamage"or"personalandadvertisinginjury"that(ii)Conductandcontrolthe theinsuredwouldhaveinthedefenseoftheindemniteein absenceofthecontractorsuch"suit". agreement;orFormSS 0008 0405 Page 3of24 Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568336 BUSINESS LIABILITYCOVERAGE FORM(b) (b)"Bodilyinjury"or"propertydamage" Performingdutiesrelatedtotheassumed in a contract oragreement conductoftheinsured’sbusiness,orthatisan"insuredcontract", (2)Thespouse,child,parent,brotheror providedthe"bodilyinjury"or sisterofthat"employee"asa "property damage" occurs (1)consequenceofabove.subsequenttotheexecutionofthe Thisexclusion applies:contractoragreement.Solelyfor (1)Whethertheinsuredmaybeliableas thepurposeofliabilityassumedin anemployerorinanyothercapacity; an"insuredcontract",reasonable andattorneys'feesandnecessarylitigation expenses incurred by or for (2)Toanyobligationtosharedamages apartyotherthananinsuredare withorrepaysomeoneelsewhomustdeemedtobedamagesbecauseof paydamagesbecause of the injury."bodilyinjury"or"propertydamage" Thisexclusiondoesnotapplytoliability provided: assumedbytheinsuredunderan"insured (i)Liabilitytosuchpartyfor,orfor contract".thecostof,thatparty’sdefense f.Pollutionhasalsobeenassumedinthe (1)"Bodilyinjury","propertydamage"or same"insuredcontract",and "personalandadvertisinginjury" (ii)Suchattorneys'feesand arisingoutoftheactual,allegedor litigationexpensesarefor threateneddischarge,dispersal, defenseofthat party against a seepage,migration,releaseorescape civiloralternativedispute of "pollutants":resolutionproceedinginwhich (a)Atorfromanypremises,siteor damagestowhichthis locationwhichisorwasatanyinsurance appliesare alleged. timeownedoroccupiedby,or c.Liquor Liability rentedorloanedtoanyinsured. "Bodilyinjury"or"propertydamage"for However,thissubparagraphdoes whichanyinsuredmaybeheldliableby not apply to:reasonof: (i)"Bodilyinjury"ifsustainedwithin(1)Causingorcontributingtothe abuildingandcausedbyintoxicationofany person; smoke,fumes,vapororsootproducedbyororiginatingfrom(2)Thefurnishingofalcoholicbeveragesto equipmentthatisusedtoheat,apersonunderthelegaldrinkingageor coolordehumidifythebuilding,undertheinfluenceofalcohol;or orequipmentthatisusedto(3)Anystatute,ordinanceorregulation heatwaterforpersonaluse,byrelatingtothesale,gift,distributionor thebuilding'soccupantsortheiruseofalcoholicbeverages. guests;Thisexclusionappliesonlyifyouareinthe (ii)"Bodilyinjury"or"propertybusinessofmanufacturing,distributing, damage"forwhichyoumaybeselling,servingorfurnishingalcoholic heldliable,ifyouareabeverages. contractorandtheownerord.Workers'CompensationAndSimilar lesseeofsuchpremises,site orLaws location hasbeenaddedtoyourAnyobligationoftheinsuredundera policyasanadditionalinsuredworkers'compensation,disabilitybenefits withrespecttoyourongoingorunemploymentcompensationlawor operationsperformedforthatanysimilar law. additional insuredatthatpremises,siteorlocationande.Employer’sLiability suchpremises,siteorlocation"Bodilyinjury" to: isnotandneverwasownedor(1)An"employee"oftheinsuredarising occupiedby,orrentedorout of andinthecourse of: loanedto,anyinsured,other(a)Employmentby the insured;or thanthatadditionalinsured;or

Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568337 BUSINESS LIABILITYCOVERAGE FORM(iii)"Bodilyinjury"or"property releasedaspartofthe damage"arisingoutofheat, operationsbeingperformed smokeorfumesfroma bysuchinsured,contractoror "hostile fire"; subcontractor;(b) (ii)Atorfromanypremises,siteor "Bodilyinjury"or"propertylocationwhichisorwasatany damage"sustainedwithinatimeusedbyorforanyinsuredor buildingandcausedbytheothersforthehandling,storage, releaseofgases,fumesordisposal,processingortreatment vaporsfrommaterialsbroughtof waste; intothatbuildinginconnectionwithoperationsbeingperformed(c)Whichareorwereatanytime byyouoronyourbehalfbyatransported,handled,stored, contractororsubcontractor;ortreated,disposedof,orprocessed (iii)aswasteby orfor: "Bodilyinjury"or"property damage"arisingoutofheat, (i)Anyinsured; or smokeorfumesfroma (ii)Anypersonororganizationfor "hostile fire"; orwhomyoumaybelegally (e)Atorfromanypremises,siteorresponsible; locationonwhichanyinsuredorany(d)Atorfromanypremises,siteor contractorsor subcontractorslocationonwhichanyinsuredor workingdirectlyorindirectlyonanyanycontractorsorsubcontractors insured’sbehalfareperformingworkingdirectlyorindirectlyon operationsiftheoperationsaretoanyinsured'sbehalfare testfor,monitor,cleanup,remove,performingoperationsifthe contain,treat,detoxifyorneutralize,"pollutants"arebroughtonorto orinanywayrespondto,orassessthepremises,siteorlocationin theeffectsof,"pollutants".connectionwithsuchoperations (2)Anyloss,costorexpensearisingout bysuchinsured,contractoror of any:subcontractor.However,this (a)subparagraphdoes not apply to: Request, demand, order or statutoryorregulatoryrequirementthatany(i)"Bodilyinjury"or"property insuredorotherstestfor,monitor,damage"arisingoutofthe cleanup,remove,contain,treat,escapeoffuels,lubricantsor detoxifyorneutralize,orinanywayother operating fluidswhichare respondto,orassesstheeffectsof,neededtoperformthenormal "pollutants";orelectrical, hydraulic or (b)mechanical functions Claimorsuitbyoronbehalfofa necessaryfortheoperationof governmentalauthorityfor "mobile equipment" or itsparts, damagesbecauseoftestingfor,if such fuels, lubricants orother monitoring,cleaning up, removing, operatingfluidsescapefroma containing,treating,detoxifyingor vehiclepartdesignedtohold, neutralizing,orinanyway storeorreceivethem.This respondingto,orassessingthe exceptiondoesnotapplyifthe effects of,"pollutants"."bodilyinjury"or"property However,thisparagraphdoesnot damage"arisesoutofthe applytoliabilityfordamagesbecause intentionaldischarge,dispersal of"propertydamage"thattheinsured orreleaseofthefuels, wouldhaveintheabsenceofsuch lubricantsorotheroperating request,demand,orderorstatutoryor fluids,orifsuchfuels, regulatoryrequirement,orsuchclaim lubricantsorotheroperating or"suit"byoronbehalfofa fluidsarebroughtonortothe governmental authority.premises,siteorlocationwiththeintentthattheybedischarged, dispersedor FormSS 0008 0405 Page 5of24
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568338 BUSINESS LIABILITYCOVERAGE FORMg.Aircraft,AutoOrWatercraft (2)Theuseof"mobileequipment"in,or whileinpracticeorpreparationfor,a"Bodilyinjury"or"propertydamage"arising prearrangedracing,speedor outoftheownership,maintenance,useor demolitioncontestorinanystunting entrustmenttoothersofanyaircraft,"auto" activity.or watercraft owned or operated by or rented i.Warorloanedtoanyinsured.Useincludesoperationand"loadingorunloading". "Bodilyinjury","propertydamage"orThisexclusionapplieseveniftheclaims "personalandadvertisinginjury",howeveragainstanyinsuredallegenegligenceor caused,arising,directlyorindirectly,outof:otherwrongdoinginthesupervision,hiring, (1)War,includingundeclaredor civil war;employment,trainingormonitoringofothers (2)Warlikeactionbyamilitaryforce, bythatinsured,ifthe"occurrence"which includingactioninhinderingor causedthe"bodilyinjury"or"property defendingagainstanactualordamage" involvedtheownership, expectedattack,byanygovernment, maintenance,use orentrustmenttoothersof sovereignorotherauthorityusinganyaircraft,"auto"orwatercraftthatis military personnel orotheragents; orownedoroperatedbyorrentedorloanedto (3)Insurrection,rebellion,revolution, anyinsured. usurpedpower,oractiontakenby Thisexclusion doesnotapplyto: governmentalauthorityinhinderingor (1)Awatercraftwhileashoreonpremises defendingagainst anyofthese.youown orrent; j.Professional Services(2)Awatercraftyou donotown thatis: "Bodilyinjury","propertydamage"or (a)Lessthan51 feetlong; and "personalandadvertisinginjury"arising outoftherenderingoforfailuretorender (b)Notbeingusedtocarrypersons anyprofessionalservice.Thisincludes for acharge; but is not limited to:(3)Parkingan"auto"on,orontheways (1)Legal, accountingoradvertisingnextto,premisesyouownorrent, services;providedthe"auto"isnotownedbyor rented orloanedtoyou ortheinsured; (2)Preparing,approving,orfailingtoprepareorapprovemaps,shop(4)Liabilityassumedunderany"insured drawings,opinions,reports,surveys,contract"fortheownership, fieldorders,changeorders,designsormaintenanceoruseofaircraftor drawingsandspecifications;watercraft; (3)Supervisory,inspection,architectural (5)"Bodilyinjury"or"propertydamage" orengineering activities;arisingoutoftheoperationofanyof f.(2)theequipmentlisted in Paragraph (4)Medical,surgical,dental,x-rayor f.(3)orofthedefinitionof"mobile nursingservicestreatment,adviceor equipment";or instruction;(6)Anaircraftthatisnotownedbyany (5)Anyhealthortherapeuticservice insured and is hired,charteredor loaned treatment, advice orinstruction;withapaidcrew.However,this (6)Anyservice,treatment,adviceor exceptiondoesnotapplyiftheinsured instructionforthepurposeof hasanyotherinsurancefor such"bodily appearance orskinenhancement,hair injury"or"propertydamage",whether removalorreplacementorpersonal theotherinsuranceisprimary,excess, grooming;contingentoronanyotherbasis. (7)Opticalorhearingaidservices h.Mobile Equipment includingtheprescribing,preparation, "Bodilyinjury"or"propertydamage" fitting,demonstrationordistributionof arisingoutof: ophthalmiclensesandsimilar products orhearingaiddevices;(1)Thetransportationof"mobileequipment"byan"auto"ownedoroperatedbyorrentedorloanedtoanyinsured;or

Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568339 BUSINESS LIABILITYCOVERAGE FORM(8) (1)(3)(4)Optometryoroptometricservices Paragraphs, andofthis includingbutnotlimitedtoexamination exclusiondonotapplyto"property oftheeyesandtheprescribing, damage"(otherthandamagebyfire)to preparation,fitting,demonstrationor premises,includingthecontentsofsuch distributionofophthalmiclensesand premises, rented to you for a period of 7orsimilarproducts; fewerconsecutivedays.AseparateLimitofInsuranceappliestoDamageTo (9)Any: PremisesRentedToYouasdescribedin (a)Bodypiercing(notincludingear D.Section-Limits OfInsurance.piercing); (2)Paragraphofthisexclusiondoesnot(b)Tattooing,includingbutnotlimited applyifthepremisesare"yourwork"and totheinsertionofpigmentsintoor wereneveroccupied,rentedorheldfor undertheskin; and rentalby you.(c)Similarservices; (3) (4)Paragraphs andofthis exclusiondo (10)Servicesinthepracticeofpharmacy; not apply to the useofelevators.and (3)(4)(5)(6)Paragraphs, , andofthis (11)Computerconsulting,designor exclusiondonotapplytoliabilityassumed programmingservices,includingweb undera sidetrackagreement.sitedesign. (3)(4)Paragraphs and ofthis exclusiondo(4)(5)Paragraphs and ofthis exclusiondo notapplyto"propertydamage"to notapplytotheIncidentalMedical borrowedequipmentwhilenotbeingused Malpracticecoverageaffordedunder to performoperations at ajobsite.1.e. A.ParagraphinSection -Coverages. (6)Paragraphofthisexclusiondoesnotk.Damage ToProperty applyto"propertydamage" includedinthe "products-completed operationshazard"."Property damage" to: l.Damage ToYour Product(1)Propertyyouown,rentoroccupy, includinganycostsorexpenses "Propertydamage"to"yourproduct" incurredbyyou,oranyotherperson, arisingoutofit orany part of it.organizationorentity,forrepair, m.Damage ToYour Workreplacement, enhancement, "Propertydamage"to"yourwork"arising restorationormaintenanceofsuch out of it or any part ofit andincluded in the propertyforanyreason,including "products-completed operationshazard".preventionofinjurytoapersonor damage to another's property; Thisexclusiondoesnotapplyifthedamagedworkortheworkoutofwhich (2)Premisesyousell,giveawayor thedamageariseswasperformedonyour abandon,ifthe"propertydamage"arises behalfby asubcontractor.outofanypartofthosepremises; n.DamageToImpairedPropertyOr (3)Property loaned to you; PropertyNotPhysically Injured(4)Personalpropertyinthecare,custody "Propertydamage"to"impairedproperty" orcontrol of the insured; orpropertythathasnotbeenphysically (5)Thatparticularpartofrealpropertyon injured, arisingoutof:whichyouoranycontractorsor (1)Adefect,deficiency,inadequacyor subcontractorsworkingdirectlyor dangerousconditionin"yourproduct" indirectlyonyourbehalfareperforming or"your work"; oroperations,ifthe"propertydamage" (2)arisesoutofthoseoperations;or Adelayorfailurebyyouoranyone actingonyourbehalftoperforma (6)Thatparticularpartofanyproperty contractoragreementinaccordance thatmustberestored,repairedor withits terms.replacedbecause"yourwork"wasincorrectly performedon it. Thisexclusiondoesnotapplytotheloss ofuseofotherpropertyarisingoutof suddenandaccidentalphysicalinjuryto "yourproduct"or"yourwork"afterithas beenputtoits intendeduse.

FormSS 0008 0405 Page 7of24
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568340 BUSINESS LIABILITYCOVERAGE FORMo.RecallOfProducts,WorkOrImpaired (c)Titleofany literary orartistic work;Property (8)Arising out of anoffense committed by Damagesclaimedforanyloss,costor aninsuredwhose business is:(a)expenseincurredbyyouorothersforthe Advertising,broadcasting, lossofuse,withdrawal,recall,inspection, publishing ortelecasting;repair,replacement,adjustment,removal (b)Designingordeterminingcontent ordisposal of: of websites for others;or(1)"Yourproduct"; (c)AnInternetsearch,access, (2)"Yourwork";or contentor service provider.(3)"Impaired property"; However,thisexclusiondoesnot ifsuchproduct,workorpropertyis a.b. c.applytoParagraphs, andwithdrawnorrecalledfromthemarketor underthedefinitionof"personaland fromusebyanypersonororganization G.advertisinginjury"inSection–becauseofaknownorsuspecteddefect, LiabilityAndMedicalExpenses deficiency,inadequacyordangerous Definitions.condition in it. Forthepurposesofthisexclusion, p.Personal AndAdvertisingInjury placingan"advertisement"foror linkingtoothersonyourwebsite,by "Personal andadvertisinginjury": itself,isnotconsideredthebusiness(1)Arising out of oral, written or electronic ofadvertising,broadcasting, publicationofmaterial,ifdonebyorat publishing ortelecasting;thedirectionoftheinsuredwith (9)Arisingoutofanelectronicchatroom knowledge of itsfalsity; orbulletinboardtheinsuredhosts, (2)Arising out of oral, written or electronic owns,oroverwhichtheinsured publicationofmaterialwhosefirst exercises control;publicationtookplacebeforethe (10)Arisingoutoftheunauthorizeduseofbeginningofthepolicy period; another's name or product in youre-mail(3)Arisingoutofacriminalactcommitted address,domainnameormetatags,orbyor at the direction of the insured; anyothersimilartacticstomislead(4)Arisingoutofanybreachofcontract, another'spotentialcustomers;exceptanimpliedcontracttouse (11)Arisingoutoftheviolationofa another’s"advertisingidea"inyour person'srightofprivacycreatedby "advertisement"; anystate orfederal act.(5)Arisingoutofthefailureofgoods, However,thisexclusiondoesnot productsorservicestoconformwith applytoliabilityfordamagesthatthe anystatementofqualityor insuredwouldhaveintheabsenceof performancemadeinyour suchstate orfederal act;"advertisement"; (12)Arisingoutof:(6)Arisingoutofthewrongdescriptionof (a)An"advertisement"forotherson thepriceofgoods,productsorservices; yourweb site;(7)Arisingoutofanyviolationofany (b)Placingalinktoawebsiteof intellectualpropertyrightssuchas others onyour website;copyright,patent,trademark,trade name,tradesecret,servicemarkor (c)Contentfromawebsiteofothersotherdesignationoforiginor displayedwithinaframeorborderauthenticity. onyourwebsite.Contentincludesinformation,code,sounds,text,However,thisexclusiondoesnot graphicsorimages;orapplytoinfringement,inyour "advertisement",of (d)Computercode,softwareor programming usedtoenable:(a)Copyright; (i)Yourweb site; or(b)Slogan,unlessthesloganisalso atrademark,tradename,service (ii)The presentation or functionalitymarkorotherdesignationof origin ofan"advertisement"orotherorauthenticity; or contentonyourwebsite;

Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568341 BUSINESS LIABILITYCOVERAGE FORM(13) (a)Arisingoutofaviolationofanyanti- Maybeawardedorincurredby trustlaw; reasonofanyclaimorsuit alleging actual or threatened injury (14)Arising out of the fluctuation in price or or damage of any nature or kind to valueofanystocks,bondsorother personsorpropertywhichwould securities; or nothaveoccurredinwholeorin (15)Arisingoutofdiscriminationor part but for the "asbestos hazard";humiliationcommittedbyoratthe (b)Ariseoutofanyrequest,demand, directionofany"executiveofficer", orderorstatutoryorregulatory director,stockholder,partneror requirementthatanyinsuredor memberoftheinsured. otherstestfor,monitor,cleanup, q.ElectronicData remove,encapsulate,contain,Damagesarisingoutofthelossof,lossof treat,detoxifyorneutralizeorin useof,damageto,corruptionof,inability anywayrespondtoorassessthe toaccess,orinabilitytomanipulate effects of an"asbestos hazard"; or"electronicdata". (c)Ariseoutofanyclaimorsuitforr.Employment-RelatedPractices damagesbecauseoftestingfor,monitoring,cleaningup,removing,"Bodily injury"or "personal and advertising encapsulating,containing,treating,injury"to: detoxifyingorneutralizingorinany(1)Aperson arisingoutofany: wayrespondingtoorassessingthe(a)Refusaltoemploy thatperson; effectsofan"asbestoshazard".(b)Terminationofthatperson's t.ViolationOfStatutesThatGovernE-employment; or Mails,Fax,PhoneCallsOrOther MethodsOfSendingMaterialOr (c)Employment-related practices, Informationpolicies,actsoromissions,suchascoercion,demotion,evaluation, "Bodilyinjury","propertydamage",or reassignment, discipline, "personalandadvertisinginjury"arising defamation,harassment,humiliation directlyorindirectlyoutofanyactionor ordiscriminationdirectedatthat omissionthatviolatesorisallegedto person;or violate:(2)Thespouse,child,parent,brotheror (1)TheTelephoneConsumerProtection sisterofthatpersonasa Act(TCPA),including anyamendment consequenceof"bodilyinjury"or of oradditiontosuch law;"personaland advertising injury" to the (2)TheCAN-SPAM Act of 2003, including personatwhomanyofthe anyamendmentoforadditiontosuch employment-relatedpractices law;or(a)(b)(c)described in Paragraphs, ,or (3)Anystatute,ordinanceorregulation,aboveisdirected. otherthantheTCPAorCAN-SPAMActThisexclusion applies: of2003,thatprohibitsorlimitsthe(1)Whethertheinsuredmaybeliableas sending,transmitting,communicatingoranemployerorinanyothercapacity; distributionofmaterialorinformation.and DamageToPremisesRentedToYou–(2)Toanyobligationtosharedamages ExceptionForDamageByFire,Lightning withorrepaysomeoneelsewhomust or Explosionpaydamagesbecause of the injury. c. h.k. o.Exclusionsthroughandthroughdos.Asbestos notapplytodamagebyfire,lightningor explosiontopremisesrentedtoyouor (1)"Bodilyinjury","propertydamage"or temporarilyoccupiedby youwith permission of "personalandadvertisinginjury"theowner.AseparateLimitofInsurance arisingoutofthe"asbestoshazard".appliestothiscoverageasdescribedin (2)Anydamages,judgments,settlements, D.Section-LiabilityAndMedicalExpensesloss,costsorexpensesthat: LimitsOf Insurance.

FormSS 0008 0405 Page 9of24
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568342 BUSINESS LIABILITYCOVERAGE FORM2.ApplicableTo MedicalExpenses Coveragee.Atrust,youareaninsured.Yourtrustees arealsoinsureds,butonlywithrespectto We will not payexpenses for "bodilyinjury": theirduties astrustees.a.Any Insured 2.Eachofthefollowing is also aninsured:Toanyinsured,except"volunteerworkers". a.Employees AndVolunteer Workersb.HiredPerson Your"volunteerworkers"onlywhileTo a person hired to do work foror onbehalf performingdutiesrelatedtotheconductof ofanyinsuredoratenantofanyinsured. yourbusiness,oryour"employees",other c.InjuryOn Normally Occupied Premises thaneitheryour"executiveofficers"(ifyou Toapersoninjuredonthatpartof areanorganizationotherthana premisesyouownorrentthattheperson partnership,jointventureorlimitedliability normally occupies. company)oryourmanagers(ifyouarea limitedliabilitycompany),butonlyforacts d.Workers'CompensationAndSimilar withinthescopeoftheiremploymentby Laws youorwhileperformingdutiesrelatedto Toaperson,whetherornotan the conduct of yourbusiness."employee"ofanyinsured,ifbenefitsfor However,noneofthese"employees"or the"bodilyinjury"arepayableormustbe "volunteerworkers" areinsuredsfor:providedunderaworkers'compensation ordisability benefits law ora similarlaw. (1)"Bodilyinjury"or"personaland advertising injury":e.Athletics Activities (a)Toyou,toyourpartnersor Toapersoninjuredwhilepracticing, members(ifyouareapartnership instructingorparticipatinginanyphysical orjointventure),toyourmembers exercisesorgames,sportsorathletic (ifyouarealimitedliability contests. company),ortoaco-"employee"f.Products-CompletedOperationsHazard whileinthecourseofhisorher Includedwiththe"products-completed employmentorperformingdutiesoperationshazard". relatedtotheconductofyour business,ortoyourother g.Business LiabilityExclusions "volunteerworkers" while ExcludedunderBusinessLiabilityCoverage. performingdutiesrelatedtothe C.WHO IS AN INSURED conduct of yourbusiness;1.Ifyou aredesignated in the Declarations as: (b)Tothespouse,child,parent, brotherorsisterofthatco-a.Anindividual,youandyourspouseare "employee"orthat"volunteer insureds,butonlywithrespecttothe worker"asaconsequenceof conduct of a business of which youare the (1)(a)Paragraphabove;sole owner. (c)Forwhichthereisanyobligation b.Apartnershiporjointventure,youarean tosharedamageswithorrepay insured.Yourmembers,yourpartners,and someoneelsewhomustpay theirspousesarealsoinsureds,butonlywith damagesbecauseoftheinjury respecttotheconductofyourbusiness. (1)(a)describedinParagraphsorc.Alimitedliabilitycompany,youarean (b) above; orinsured.Yourmembersarealsoinsureds, (d)Arisingoutofhisorherproviding butonlywithrespecttotheconductofyour orfailingtoprovideprofessional business.Yourmanagersareinsureds,but healthcare services.onlywithrespecttotheirdutiesasyourmanagers. Ifyouarenotinthebusinessofprovidingprofessionalhealthcared.Anorganizationotherthanapartnership, (d)services,Paragraphdoesnotapplyjointventureorlimitedliabilitycompany,you toanynurse,emergencymedicalareaninsured.Your"executiveofficers"and technicianorparamedicemployedbydirectorsareinsureds,butonlywithrespect youtoprovidesuchservices.totheirdutiesasyourofficersordirectors.Yourstockholdersarealsoinsureds,butonly (2)"Property damage" to property:withrespecttotheirliabilityasstockholders. (a)Owned,occupiedor usedby,

Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568343 BUSINESS LIABILITYCOVERAGE FORM(b) b.Rentedto,inthecare,custodyor Coverageunderthisprovisiondoesnot controlof,oroverwhichphysical apply to:controlisbeingexercisedforany (1)"Bodilyinjury"or"propertydamage" purposebyyou,anyofyour thatoccurred;or"employees","volunteerworkers", (2)"Personalandadvertisinginjury" anypartnerormember(ifyouare arisingoutofan offensecommittedapartnershiporjointventure),or beforeyouacquiredorformedthe anymember(ifyouarealimited organization.liabilitycompany). 4.Operator Of Mobile Equipmentb.Real EstateManager Withrespectto"mobileequipment"registeredinAny person (other than your "employee"or yournameunderanymotorvehicleregistration"volunteerworker"),oranyorganization law,anypersonisaninsuredwhiledrivingsuchwhileacting asyour real estatemanager.equipmentalongapublichighwaywithyourc.TemporaryCustodiansOf Your permission.AnyotherpersonororganizationProperty responsiblefortheconductofsuchpersonisAnypersonororganizationhavingproper alsoaninsured,butonlywithrespecttoliabilitytemporarycustodyofyourpropertyifyou arising out oftheoperation of the equipment,anddie,butonly: onlyifno other insurance of anykindisavailable(1)Withrespecttoliabilityarisingoutofthe tothatpersonororganizationforthisliability.maintenanceoruseofthatproperty;and However, noperson ororganizationisaninsuredwithrespectto:(2)Untilyourlegalrepresentativehas beenappointed. a."Bodilyinjury"toaco-"employee"ofthepersondriving the equipment;ord.Legal Representative If YouDie b."Propertydamage"topropertyownedby, Yourlegalrepresentativeifyoudie,but rentedto,inthechargeoforoccupiedbyonlywithrespecttodutiesassuch.That youortheemployerofanypersonwhois representativewillhaveallyourrightsand aninsuredunder thisprovision.dutiesunder thisinsurance. 5.Operator of NonownedWatercrafte.Unnamed Subsidiary Withrespecttowatercraftyoudonotownthat Anysubsidiaryandsubsidiarythereof,of islessthan51feetlongandisnotbeingused yourswhichisa legally incorporatedentity to carry persons for a charge, any personisan ofwhichyouownafinancialinterestof insuredwhileoperatingsuchwatercraftwith morethan50%ofthevotingstockonthe yourpermission.Anyotherpersonor effectivedateofthis CoveragePart. organizationresponsiblefortheconductof Theinsuranceaffordedhereinforany suchpersonisalsoaninsured,butonlywith subsidiarynotshownintheDeclarations respecttoliabilityarisingoutoftheoperation asanamedinsureddoesnotapplyto ofthewatercraft,andonlyifnootherinjuryordamagewithrespecttowhichan insuranceofanykindisavailabletothat insuredunderthisinsuranceisalsoan personor organization for thisliability.insuredunderanotherpolicyorwouldbe However,nopersonororganizationisan aninsuredundersuchpolicybutforits insured withrespect to:terminationorupontheexhaustionofits limits of insurance. a."Bodilyinjury"toaco-"employee"ofthepersonoperating the watercraft;or3.NewlyAcquired Or Formed Organization b."Propertydamage"topropertyownedby,Anyorganizationyounewlyacquireorform, rentedto,inthechargeoforoccupiedby otherthanapartnership,jointventureor youortheemployerofanypersonwhois limitedliabilitycompany,andoverwhichyou aninsuredunder thisprovision.maintainfinancialinterestof more than 50%of thevotingstock,willqualifyasaNamed 6.AdditionalInsuredsWhenRequiredBy Insuredifthereisnoothersimilarinsurance WrittenContract,WrittenAgreementOr available to thatorganization. However: Permita.Coverageunderthisprovisionisafforded Theperson(s)ororganization(s)identifiedin onlyuntilthe180thdayafteryouacquire a. f.Paragraphsthroughbelowareadditionalorformtheorganizationortheendofthe insuredswhenyouhaveagreed,inawrittenpolicyperiod, whichever is earlier; andFormSS 0008 0405 Page 11of24 Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568344 BUSINESS LIABILITYCOVERAGE FORM (e)contract,writtenagreementorbecauseofa Anyfailuretomakesuch permitissuedbyastateorpolitical inspections,adjustments,testsor subdivision,thatsuchpersonororganization servicingasthevendorhas beaddedasanadditionalinsuredonyour agreedtomakeornormally policy,providedtheinjuryordamageoccurs undertakestomakeintheusual subsequenttotheexecutionofthecontractor courseofbusiness,inconnectionagreement, ortheissuanceofthepermit. withthedistributionorsaleofthe products;Apersonororganizationisanadditional (f)Demonstration,installation, insuredunderthisprovisiononlyforthat servicingorrepairoperations, periodoftimerequiredbythecontract, exceptsuchoperationsperformed agreementor permit. atthevendor'spremisesin However,no suchperson or organization is an connectionwiththesaleofthe additionalinsuredunderthisprovisionifsuch product;personororganizationisincludedasan (g)Productswhich,afterdistribution additionalinsuredbyanendorsementissued orsalebyyou,havebeenlabeled byusandmadeapartofthisCoveragePart, orrelabeledorusedasa includingallpersonsororganizationsadded container,partor ingredient of any asadditionalinsuredsunderthespecific otherthingorsubstancebyorfor additionalinsuredcoveragegrantsinSection the vendor; orF.–Optional AdditionalInsuredCoverages. (h)"Bodilyinjury"or"property a.Vendors damage"arisingoutofthesole Anyperson(s)ororganization(s)(referredto negligenceofthevendorforits belowasvendor),butonlywithrespectto ownactsoromissionsorthoseof"bodilyinjury"or"propertydamage"arising itsemployeesoranyoneelse outof"yourproducts"whicharedistributed acting onits behalf. However, thisorsoldintheregularcourseofthevendor's exclusiondoes not apply to:businessandonlyifthisCoveragePart (i)Theexceptionscontainedin providescoveragefor"bodilyinjury"or (d)(f)Subparagraphsor ;or"propertydamage"includedwithinthe (ii)"products-completedoperationshazard". Suchinspections,adjustments,testsorservicingasthevendor(1)Theinsuranceaffordedtothevendor has agreed to make or normallyissubjecttothefollowingadditional undertakes to make in the usualexclusions: courseof business,inThisinsurancedoes not apply to: connectionwiththedistribution(a)"Bodilyinjury"or"property orsaleoftheproducts.damage"forwhichthevendoris (2)Thisinsurancedoesnotapplytoanyobligatedtopaydamagesby insuredpersonororganizationfromreasonoftheassumptionof whom you have acquired suchproducts,liability in acontract or agreement. oranyingredient,partorcontainer,Thisexclusiondoesnotapplyto enteringinto, accompanyingorliabilityfordamagesthatthe containingsuchproducts.vendorwouldhaveintheabsence b.LessorsOfEquipmentof the contractor agreement; (1)Anypersonororganizationfrom (b)Anyexpress warranty whomyouleaseequipment;butonly unauthorizedby you; withrespecttotheirliabilityfor"bodily (c)Anyphysicalorchemicalchange injury","propertydamage"orintheproductmadeintentionally "personalandadvertisinginjury"bythevendor; caused,inwholeorinpart,byyour (d)Repackaging, except when maintenance,operationoruseof unpackedsolelyforthepurposeof equipmentleasedtoyoubysuch inspection,demonstration,testing, personor organization.orthesubstitutionofpartsunderinstructionsfromthemanufacturer,andthenrepackagedinthe original container;Page 12of24 FormSS 0008 0405 Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568345 BUSINESS LIABILITYCOVERAGE FORM(2) e.PermitsIssuedByStateOrPolitical Withrespecttotheinsuranceafforded Subdivisionstotheseadditionalinsureds,thisinsurancedoesnotapplytoany (1)Anystateorpoliticalsubdivision,but "occurrence"whichtakesplaceafter onlywithrespecttooperationsyoucease to lease thatequipment. performed byyou oron yourbehalf for c.LessorsOfLandOrPremises whichthestateorpoliticalsubdivision hasissueda permit.(1)Anypersonororganizationfrom (2)whomyouleaselandorpremises,but Withrespecttotheinsuranceafforded onlywithrespecttoliabilityarisingout totheseadditionalinsureds,this oftheownership,maintenanceoruse insurance doesnotapplyto:ofthatpartofthelandorpremises (a)"Bodilyinjury","propertydamage" leased to you. or"personalandadvertising (2)Withrespecttotheinsuranceafforded injury"arisingoutofoperations totheseadditionalinsureds,this performedforthestateor insurance doesnotapplyto: municipality; or(a) (b)Any"occurrence"whichtakes "Bodilyinjury"or"propertydamage"placeafter youcease to lease that includedwithinthe"products-landorbeatenantinthat completedoperationshazard".premises; or f.Any OtherParty(b)Structuralalterations, new (1)Anyotherpersonororganizationwho constructionordemolition a.isnotaninsuredunderParagraphsoperationsperformedbyoron ethrough.above,butonlywithbehalfofsuchpersonor respecttoliabilityfor"bodilyinjury", organization. "propertydamage"or"personaland d.Architects, EngineersOrSurveyors advertisinginjury"caused,inwholeor inpart,byyouractsoromissionsor(1)Anyarchitect,engineer,orsurveyor,but theactsoromissionsofthoseacting onlywithrespecttoliabilityfor"bodily onyour behalf:injury","propertydamage"or"personal (a)andadvertisinginjury"caused,inwhole Intheperformanceofyour orinpart,byyouractsoromissionsor ongoing operations;theactsoromissionsofthoseactingon (b)Inconnectionwithyourpremises yourbehalf: ownedby orrentedtoyou;or(a)Inconnectionwithyourpremises; (c)In connection with "your work" and or includedwithinthe"products-(b)Intheperformanceofyour completedoperationshazard",butongoingoperationsperformedby only ifyouor onyour behalf. (i)Thewrittencontractorwritten (2)Withrespecttotheinsuranceafforded agreementrequiresyouto totheseadditionalinsureds,the providesuchcoverageto followingadditional exclusionapplies: suchadditional insured;and(ii)Thisinsurancedoesnotapplyto ThisCoveragePartprovides "bodilyinjury","propertydamage"or coveragefor"bodilyinjury"or "personalandadvertisinginjury" "propertydamage"included arisingoutoftherenderingoforthe within the"products-failuretorenderanyprofessional completed operationshazard".services byor for you, including: (2)Withrespecttotheinsuranceafforded (a)Thepreparing,approving,or totheseadditionalinsureds,this failuretoprepareorapprove, insurance doesnotapplyto:maps,shopdrawings,opinions, "Bodilyinjury","propertydamage"or reports,surveys,fieldorders, "personalandadvertisinginjury" changeorders, designsor arisingoutoftherenderingof,orthe drawings andspecifications; or failuretorender,anyprofessional(b)Supervisory,inspection, architectural,engineeringorsurveying architecturalorengineering services,including:activities.FormSS 0008 0405 Page 13of24 Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568346 BUSINESS LIABILITYCOVERAGE FORM(a)Thepreparing,approving,or ThisGeneralAggregatelimitdoesnot failuretoprepareorapprove, applyto"propertydamage"topremises maps,shopdrawings,opinions, whilerentedtoyouortemporarily reports,surveys,fieldorders, occupiedbyyouwithpermissionofthe changeorders, designsor owner,arisingoutoffire,lightningordrawings andspecifications; or explosion.(b) 3.Each Occurrence LimitSupervisory,inspection, architecturalorengineering 2.a.2.bSubjectto orabove,whicheveractivities. applies,themostwewillpayforthesumofall Thelimitsofinsurancethatapplytoadditional damagesbecauseofall"bodilyinjury", D.insuredsaredescribedinSection–Limits "propertydamage"andmedicalexpenses OfInsurance. arisingoutofanyone"occurrence"istheLiabilityandMedicalExpensesLimitshownin Howthisinsuranceapplieswhenother the Declarations.insuranceisavailabletoanadditionalinsuredisdescribedintheOtherInsuranceCondition Themostwewillpayforallmedicalexpenses E.inSection– Liability AndMedicalExpenses becauseof"bodilyinjury"sustainedbyany GeneralConditions. onepersonistheMedicalExpensesLimit shownintheDeclarations.Nopersonororganizationisaninsuredwith 4.Personal AndAdvertisingInjury Limitrespecttotheconductofanycurrentorpast partnership,jointventureorlimitedliability 2.b.Subjecttoabove,themostwewillpayfor companythatisnotshownasaNamedInsuredin thesumofalldamagesbecauseofall the Declarations. "personalandadvertisinginjury"sustainedby any one person or organization is the Personal D.LIABILITYANDMEDICALEXPENSES andAdvertisingInjuryLimitshowninthe LIMITS OF INSURANCE Declarations.1.TheMost We WillPay 5.Damage ToPremisesRented ToYou LimitTheLimitsofInsuranceshowninthe TheDamageToPremisesRentedToYou Declarationsandtherulesbelowfixthemost LimitisthemostwewillpayunderBusiness wewillpay regardless of the number of: LiabilityCoveragefordamagesbecauseof a.Insureds; "propertydamage"toanyonepremises,while b.Claims made or"suits" brought;or rented to you, or in the case of damage byfire,lightningorexplosion,whilerentedtoyouor c.Persons or organizations making claims or temporarilyoccupiedby youwith permission of bringing"suits". the owner. 2.Aggregate Limits Inthecaseofdamagebyfire,lightningor The mostwe will payfor: explosion, the Damage toPremises Rented To a.Damagesbecauseof"bodilyinjury"and YouLimitappliestoalldamageproximately "propertydamage"includedinthe causedbythesameevent,whethersuch"products-completedoperationshazard"is damage results fromfire,lightning orexplosiontheProducts-CompletedOperations orany combinationofthese.AggregateLimit showninthe 6.HowLimitsApplyTo Additional InsuredsDeclarations. Themostwewillpayonbehalfofapersonor b.Damagesbecauseofallother"bodily organizationwhoisanadditionalinsured injury","propertydamage"or"personal underthis CoveragePart is the lesser of:andadvertisinginjury",includingmedical a.Thelimitsofinsurancespecifiedina expenses,istheGeneralAggregateLimit writtencontract,writtenagreementor shownintheDeclarations. permitissuedbyastateorpolitical ThisGeneralAggregateLimitapplies subdivision;orseparatelytoeachofyour"locations" b.TheLimitsofInsuranceshowninthe ownedby orrentedtoyou. Declarations."Location"meanspremisesinvolvingthe Suchamountshallbeapartofandnotin sameorconnectinglots,orpremises additiontotheLimitsofInsuranceshownin whoseconnectionisinterruptedonlybya the Declarations anddescribedinthis Section.street,roadwayorright-of-wayofa railroad.Page 14of24 FormSS 0008 0405 Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568347 BUSINESS LIABILITYCOVERAGE FORM(1)Ifmorethanonelimitofinsuranceunderthis Immediatelysenduscopiesofany policyandanyendorsementsattachedthereto demands,notices,summonsesor appliestoanyclaimor"suit",themostwewillpay legalpapersreceivedinconnection underthispolicyandtheendorsementsisthe withtheclaimor "suit";singlehighestlimitofliabilityofallcoverages (2)Authorizeustoobtainrecordsand applicabletosuchclaimor"suit".However,this other information;paragraph does not apply to theMedicalExpenses (3)Cooperatewithusintheinvestigation, 3.limit set forthinParagraph above. settlementoftheclaimordefense TheLimitsofInsuranceofthisCoveragePartapply againstthe"suit";andseparatelytoeachconsecutiveannualperiodandto (4)Assistus,uponourrequest,inthe any remaining period of less than 12 months, starting enforcementofanyrightagainstany withthebeginningofthepolicyperiodshowninthe personororganizationthatmaybe Declarations,unlessthepolicyperiodisextended liabletotheinsuredbecauseofinjury after issuance for anadditional periodoflessthan12 ordamagetowhichthisinsurance months.Inthatcase,theadditionalperiodwillbe may also apply.deemedpartofthelastprecedingperiodforpurposes d.ObligationsAt TheInsured's Own CostofdeterminingtheLimitsofInsurance. Noinsuredwill,exceptatthatinsured'sownE.LIABILITYANDMEDICALEXPENSES cost,voluntarilymakeapayment,assumeGENERAL CONDITIONS anyobligation,orincuranyexpense,otherthanforfirstaid,withoutourconsent.1.Bankruptcy e.Additional Insured'sOther InsuranceBankruptcyorinsolvencyoftheinsuredoroftheinsured'sestatewillnotrelieveusofour Ifwecoveraclaimor"suit"underthis obligationsunder thisCoverage Part. CoveragePartthatmayalsobecovered byotherinsuranceavailabletoan 2.DutiesInTheEventOfOccurrence, additionalinsured,suchadditionalinsured Offense, ClaimOrSuit mustsubmitsuchclaimor"suit"tothe a.NoticeOfOccurrenceOrOffense other insurerfordefenseand indemnity.Youoranyadditionalinsuredmustseeto However,thisprovisiondoesnotapplyto itthatwearenotifiedassoonas theextentthatyouhaveagreedina practicableofan"occurrence"oran writtencontract,writtenagreementor offensewhichmayresultinaclaim.To permitthatthisinsuranceisprimaryand the extentpossible,notice should include:non-contributorywiththeadditional (1)How,whenandwherethe"occurrence" insured's owninsurance.oroffensetookplace; f.KnowledgeOfAnOccurrence,Offense,(2)Thenamesandaddressesofany ClaimOrSuitinjuredpersons andwitnesses;and a.b.Paragraphsandapplytoyouorto(3)Thenatureandlocationofanyinjury anyadditionalinsuredonlywhensuch ordamagearisingoutofthe "occurrence",offense,claimor"suit"is "occurrence"or offense. knownto:b.NoticeOfClaim (1)Youoranyadditionalinsuredthatis anindividual;Ifaclaimismadeor"suit"isbrought againstanyinsured,youoranyadditional (2)Anypartner,ifyouoranadditional insured must: insured is apartnership;(1)Immediately record the specifics of the (3)Anymanager,ifyouoranadditional claimor"suit"andthedatereceived; insured is alimitedliability company;and (4)Any"executiveofficer"orinsurance (2)Notify usas soonas practicable. manager,ifyouoranadditional insured is acorporation;Youoranyadditionalinsuredmustseeto itthatwereceiveawrittennoticeofthe (5)Anytrustee,ifyouoranadditional claim or"suit" assoon aspracticable. insured is atrust;orc.AssistanceAndCooperationOfThe (6)Any electedor appointedofficial, ifyou Insured oranadditionalinsuredisapolitical subdivision orpublic entity.Youand anyotherinvolved insured must:

FormSS 0008 0405 Page 15of24
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568348 BUSINESS LIABILITYCOVERAGE FORMf. (3)ThisParagraphappliesseparatelyto Wehaveissuedthispolicyinreliance youand anyadditional insured. uponyour representations.3.FinancialResponsibility Laws b.UnintentionalFailureToDisclose Hazardsa.Whenthispolicyiscertifiedasproofof financialresponsibilityforthefutureunder If unintentionally youshouldfailtodisclose theprovisionsofanymotorvehicle allhazardsrelatingtotheconductofyour financialresponsibilitylaw,theinsurance businessattheinceptiondateofthis providedbythepolicyfor"bodilyinjury" CoveragePart,weshallnotdenyany liabilityand"propertydamage"liabilitywill coverageunderthisCoveragePart complywiththeprovisionsofthelawto becauseofsuch failure.theextentofthecoverageandlimitsof 7.OtherInsuranceinsurance required bythat law. Ifothervalidandcollectibleinsuranceis b.Withrespectto"mobileequipment"to availableforalosswecoverunderthis whichthisinsuranceapplies,wewill CoveragePart,ourobligationsarelimitedas provideanyliability,uninsuredmotorists, follows:underinsuredmotorists,no-faultorothera.Primary Insurancecoveragerequiredbyanymotorvehicle b.law.Wewillprovidetherequiredlimitsfor Thisinsuranceisprimaryexceptwhenthose coverages. belowapplies.Ifotherinsuranceisalso primary,wewillsharewithallthatother 4.Legal Action Against Us c.insurancebythemethoddescribedinNopersonororganizationhasarightunder below.thisCoverage Form: b.ExcessInsurancea.Tojoinusasapartyorotherwisebringus Thisinsuranceisexcessoveranyofthe intoa"suit"askingfordamagesfroman otherinsurance,whetherprimary,excess, insured;or contingent oron anyotherbasis:b.TosueusonthisCoverageFormunless (1)YourWorkallofitstermshavebeenfullycomplied with. ThatisFire,ExtendedCoverage, Builder'sRisk,InstallationRiskor Apersonororganizationmaysueustorecover similarcoverage for "yourwork";onanagreedsettlementoronafinaljudgmentagainstaninsured;butwewillnotbeliablefor (2)Premises RentedTo Youdamagesthat are not payable under the terms of Thatisfire,lightningorexplosion thisinsuranceorthatareinexcessofthe insuranceforpremisesrentedtoyou applicablelimitofinsurance. Anagreed ortemporarilyoccupiedbyyouwith settlementmeansasettlementandreleaseof permission of the owner;liabilitysignedbyus,theinsuredandthe (3)Tenant Liabilityclaimantortheclaimant'slegalrepresentative. Thatisinsurancepurchasedbyyouto 5.SeparationOfInsureds coveryourliabilityasatenantfor ExceptwithrespecttotheLimitsofInsurance, "propertydamage"topremisesrented andanyrightsordutiesspecificallyassigned toyouortemporarilyoccupiedbyyou inthispolicytothefirstNamedInsured,this withpermissionoftheowner;insurance applies: (4)Aircraft,Auto Or Watercrafta.AsifeachNamedInsuredweretheonly IfthelossarisesoutofthemaintenanceNamed Insured;and or useofaircraft, "autos" or watercraft tob.Separatelytoeachinsuredagainstwhom g.theextentnotsubjecttoExclusionofaclaimismadeor "suit"isbrought. A.Section–Coverages.6.Representations (5)PropertyDamageToBorrowed a.When YouAcceptThisPolicy Equipment Or UseOfElevatorsByaccepting thispolicy,you agree:Ifthelossarisesoutof"property damage"toborrowedequipmentor (1)ThestatementsintheDeclarations theuseofelevatorstotheextentnot areaccurateand complete; k. A.subjecttoExclusionofSection–(2)Thosestatementsarebasedupon Coverages.representationsyou made to us; and

Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568349 BUSINESS LIABILITYCOVERAGE FORM(6)WhenYouAreAddedAsAn Whenthisinsuranceisexcessoverother AdditionalInsuredToOther insurance,wewillpayonlyourshareof Insurance theamountoftheloss,ifany,that exceedsthesumof:Thatisotherinsuranceavailableto (1)youcoveringliabilityfordamages Thetotalamountthatallsuchother arisingoutofthepremisesor insurancewouldpay for the loss in the operations,or products andcompleted absenceofthis insurance;andoperations,forwhichyouhavebeen (2)Thetotalofalldeductibleandself-addedasanadditionalinsuredbythat insuredamountsunderallthatother insurance;or insurance.(7)WhenYouAddOthersAsAn Wewillshare the remaining loss,if any, withAdditionalInsuredToThis anyotherinsurancethatisnotdescribedinInsurance this ExcessInsuranceprovision andwas notThatisotherinsuranceavailabletoan boughtspecificallytoapplyinexcessoftheadditionalinsured. LimitsofInsuranceshownintheDeclarationsofthisCoveragePart.However,thefollowingprovisions c.MethodOfSharingapplytootherinsuranceavailableto anypersonororganizationwhoisan Ifalltheotherinsurancepermits additional insured under thisCoverage contribution by equal shares, we will follow Part: thismethodalso.Underthisapproach, (a)PrimaryInsuranceWhen eachinsurercontributesequalamounts RequiredBy Contract untilithaspaiditsapplicablelimitof insuranceornoneofthelossremains, Thisinsuranceisprimaryifyou whichevercomesfirst.haveagreedinawrittencontract, writtenagreementorpermitthat Ifanyoftheotherinsurancedoesnotpermitthisinsurancebeprimary.Ifother contributionbyequalshares,wewillinsuranceisalsoprimary,wewill contributebylimits.Underthismethod,eachsharewithallthatotherinsurance insurer’sshareisbasedontheratioofitsc.bythemethoddescribedin applicablelimitofinsurancetothetotalbelow. applicablelimitsofinsuranceofallinsurers.(b)PrimaryAndNon-Contributory8.TransferOfRightsOfRecoveryAgainst ToOtherInsuranceWhen OthersTo UsRequiredBy Contract a.TransferOfRightsOfRecoveryIfyouhaveagreedinawritten Iftheinsuredhasrightstorecoverallor contract,writtenagreementor partofanypayment,including permitthatthisinsuranceis SupplementaryPayments,wehavemade primaryandnon-contributorywith underthisCoveragePart,thoserightsaretheadditionalinsured'sown transferredtous.Theinsuredmustdo insurance,thisinsuranceis nothingafterlosstoimpairthem.Atour primaryandwewillnotseek request,theinsuredwillbring"suit"or contributionfromthatother transferthoserightstousandhelpus insurance. enforcethem.Thisconditiondoesnot (a)(b)Paragraphs and donot apply to apply to Medical ExpensesCoverage.other insurance to which the additional b.WaiverOfRightsOfRecovery(Waiver insuredhasbeenaddedasan Of Subrogation)additionalinsured. Iftheinsuredhaswaivedanyrightsof Whenthisinsuranceisexcess,wewill recoveryagainst anypersonor havenodutyunderthisCoveragePartto organizationforallorpartof anypayment, defend the insured against any "suit" ifany includingSupplementaryPayments,we otherinsurerhasadutytodefendthe havemadeunderthisCoveragePart,we insuredagainstthat"suit".Ifnoother alsowaivethatright,providedtheinsured insurerdefends,wewillundertaketodo waivedtheirrightsofrecoveryagainstso,butwewillbeentitledtotheinsured's suchpersonororganizationinacontract, rightsagainst allthoseotherinsurers. agreementorpermitthatwasexecuted prior to the injuryor damage.FormSS 0008 0405 Page 17of24 Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568350 BUSINESS LIABILITYCOVERAGE FORM 3.Additional Insured-GrantorOfFranchiseF.OPTIONALADDITIONALINSURED C.WHOISANINSUREDunderSectionisCOVERAGES amendedtoincludeasanadditionalinsured If listed or shown as applicable in the Declarations, theperson(s)ororganization(s)showninthe oneormoreofthefollowingOptionalAdditional DeclarationsasanAdditionalInsured-InsuredCoverages also apply. When any of these GrantorOfFranchise,butonlywithrespectto OptionalAdditionalInsuredCoveragesapply, theirliability asgrantoroffranchise to you.6.Paragraph(AdditionalInsuredsWhenRequired 4.AdditionalInsured-LessorOfLeasedbyWrittenContract,WrittenAgreementorPermit) EquipmentC.ofSection,WhoIsAnInsured,doesnotapply tothepersonororganizationshowninthe a. C.WHO IS AN INSURED under Section isDeclarations.Thesecoveragesaresubjecttothe amendedtoincludeasanadditional termsandconditionsapplicabletoBusiness insuredtheperson(s)ororganization(s) LiabilityCoverageinthispolicy,exceptas shown in the Declarations as an Additional provided below: Insured–LessorofLeasedEquipment, butonlywithrespecttoliabilityfor"bodily 1.AdditionalInsured-DesignatedPersonOr injury","propertydamage"or"personal Organization andadvertisinginjury"caused,inwholeor C.WHOISANINSUREDunderSectionis inpart,byyourmaintenance,operationoramendedtoincludeasanadditionalinsured useofequipmentleasedtoyoubysuch theperson(s)ororganization(s)showninthe person(s)or organization(s).Declarations,butonlywithrespecttoliability b.Withrespecttotheinsuranceaffordedto for"bodilyinjury","propertydamage"or theseadditionalinsureds,thisinsurance "personalandadvertisinginjury"caused,in doesnotapplytoany"occurrence"which wholeorinpart,byyouractsoromissionsor takesplaceafteryouceasetoleasethat theactsoromissionsofthoseactingonyour equipment.behalf: 5.AdditionalInsured-OwnersOrOther a.Intheperformanceofyourongoing InterestsFromWhomLandHasBeen operations; or Leasedb.Inconnectionwithyourpremisesowned a. C. WHO IS AN INSURED under Section is byor rented to you. amendedtoincludeasanadditional 2.AdditionalInsured-ManagersOrLessorsinsuredtheperson(s)ororganization(s) Of Premises shown in the Declarations as an Additional a. C.WHOISANINSUREDunderSectionis Insured– Owners Or OtherInterestsFromamendedtoincludeasanadditionalinsured WhomLandHasBeenLeased,butonly the person(s) or organization(s)shown in the withrespecttoliabilityarisingoutofthe DeclarationsasanAdditionalInsured- ownership, maintenance or useofthat part DesignatedPersonOrOrganization;butonly ofthelandleased to youand showninthe withrespecttoliabilityarisingoutofthe Declarations.ownership,maintenanceoruseofthatpartof b.Withrespecttotheinsuranceaffordedto the premises leasedtoyou andshown in the theseadditionalinsureds,thefollowing Declarations. additionalexclusions apply:b.Withrespecttotheinsuranceaffordedto Thisinsurancedoes not apply to:theseadditionalinsureds,thefollowing (1)Any"occurrence"thattakesplace additionalexclusions apply: afteryou ceasetoleasethat land;orThisinsurancedoes not apply to: (2)Structuralalterations, new (1)Any"occurrence"whichtakesplace constructionordemolitionoperations afteryouceasetobeatenantinthat performedbyoronbehalfofsuch premises; or personor organization.(2)Structuralalterations, new 6.AdditionalInsured-StateOrPoliticalconstructionordemolitionoperations Subdivision–Permitsperformedbyoronbehalfofsuch a. C.WHO IS AN INSURED under Section ispersonor organization. amendedtoincludeasanadditional insuredthestateorpoliticalsubdivision shown in the Declarations as an Additional

Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568351 BUSINESS LIABILITYCOVERAGE FORM(e)Insured–StateOrPoliticalSubdivision- AnyfailuretomakesuchPermits,butonlywithrespectto inspections,adjustments,testsoroperationsperformedbyyouoronyour servicingasthevendorhasagreedbehalfforwhichthestateorpolitical tomakeornormallyundertakestosubdivision hasissueda permit. makeintheusualcourseofbusiness,inconnectionwiththeb.Withrespecttotheinsuranceaffordedto distributionorsaleoftheproducts;theseadditionalinsureds,thefollowing (f)Demonstration,installation, additionalexclusions apply: servicingorrepairoperations, Thisinsurancedoes not apply to: exceptsuchoperationsperformed (1)"Bodilyinjury","propertydamage"or atthevendor'spremisesin "personalandadvertisinginjury" connectionwiththesaleofthearisingoutofoperationsperformedfor product;the stateor municipality;or (g)Productswhich,afterdistribution (2)"Bodilyinjury"or"propertydamage" orsalebyyou,havebeenlabeled includedinthe"product-completed orrelabeledorusedasa operations"hazard. container,partor ingredient of any 7.Additional Insured–Vendors otherthingorsubstancebyorfor the vendor; ora. C.WHO IS AN INSURED under Section isamendedtoincludeasanadditional (h)"Bodilyinjury"or"property insuredtheperson(s)ororganization(s) damage"arisingoutofthesole(referredtobelowasvendor)shown in the negligenceofthevendorforits DeclarationsasanAdditionalInsured- ownactsoromissionsorthoseof Vendor,butonlywithrespectto"bodily itsemployeesoranyoneelse injury"or"propertydamage"arisingoutof acting onits behalf. However, this"yourproducts"whicharedistributedor exclusiondoes not apply to:soldintheregularcourseofthevendor's (i)Theexceptionscontainedin businessandonlyifthisCoveragePart (d)(f)Subparagraphsor ;orprovidescoveragefor"bodilyinjury"or (ii)Suchinspections, "propertydamage"includedwithinthe adjustments,tests or servicing "products-completed operationshazard". asthevendorhasagreedto b.Theinsuranceaffordedtothevendoris makeornormallyundertakes subjecttothefollowingadditionalexclusions: tomakeintheusualcourseof (1)Thisinsurancedoes not apply to: business,inconnectionwiththedistributionorsaleofthe (a)"Bodilyinjury"or"property products.damage"forwhichthevendoris obligatedtopaydamagesby (2)Thisinsurancedoesnotapplytoany reasonoftheassumptionof insuredpersonororganizationfromliability in acontract or agreement. whomyouhaveacquiredsuch Thisexclusiondoesnotapplyto products,oranyingredient,partor liabilityfordamagesthatthe container,enteringinto, vendorwouldhaveintheabsence accompanyingorcontainingsuch of the contractor agreement; products.(b)Anyexpress warranty 8.Additional Insured–Controlling Interestunauthorizedby you; C.WHOISANINSUREDunderSectionis (c)Anyphysicalorchemicalchange amendedtoincludeasanadditionalinsured intheproductmadeintentionally theperson(s)ororganization(s)showninthe bythevendor; DeclarationsasanAdditionalInsured–ControllingInterest,butonlywithrespectto (d)Repackaging,unlessunpacked theirliability arisingoutof:solelyforthepurposeofinspection,demonstration,testing,orthe a.Theirfinancial controlofyou;or substitutionof partsunder b.Premisestheyown,maintainorcontrol instructionsfromthemanufacturer, whileyou lease oroccupy these premises.andthenrepackagedintheoriginalcontainer; FormSS 0008 0405 Page 19of24
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568352 BUSINESS LIABILITYCOVERAGE FORMThisinsurancedoesnotapplytostructural ThelimitsofinsurancethatapplytoadditionalD.alterations,newconstructionanddemolition insuredsaredescribedinSection–LimitsOfoperationsperformedbyorforthatpersonor Insurance.organization. Howthisinsuranceapplieswhenotherinsurance 9.AdditionalInsured–Owners,LesseesOr isavailabletoanadditionalinsuredisdescribedin Contractors–ScheduledPersonOr E.theOtherInsuranceConditioninSection–Organization LiabilityAndMedicalExpensesGeneral Conditions.a. C. WHO IS AN INSURED under Section is amendedtoincludeasanadditional G.LIABILITYANDMEDICALEXPENSES insuredtheperson(s)ororganization(s) DEFINITIONSshown in the Declarations as an Additional 1."Advertisement"meansthewidespreadpublic Insured–Owner,Lessees Or Contractors, disseminationofinformationorimagesthat butonlywithrespecttoliabilityfor"bodily hasthepurposeofinducingthesaleofgoods, injury","propertydamage"or"personal products orservicesthrough:andadvertisinginjury"caused,inwholeor inpart,byyouractsoromissionsorthe a. (1)Radio;actsoromissionsofthoseactingonyour (2)Television;behalf: (3)Billboard;(1)Intheperformanceofyourongoing (4)Magazine;operationsfortheadditional (5)Newspaper;insured(s);or b.TheInternet,butonlythatpartofaweb (2)Inconnectionwith"yourwork" sitethatisaboutgoods,productsor performedforthatadditionalinsured servicesforthepurposesofinducingthe andincludedwithinthe"products- sale of goods, products orservices; orcompletedoperationshazard",but c.Anyotherpublicationthatisgiven onlyifthisCoveragePartprovides widespread publicdistribution.coveragefor"bodilyinjury"or "propertydamage"includedwithinthe However, "advertisement"does not include:"products-completedoperations a.Thedesign,printedmaterial,information hazard". orimagescontainedin,onoruponthe b.Withrespecttotheinsuranceaffordedto packagingorlabelingofanygoodsor theseadditionalinsureds,thisinsurance products;ordoesnotapplyto"bodilyinjury","property b.Aninteractiveconversationbetweenordamage"or"personalanadvertising amongpersonsthroughacomputernetwork.injury"arisingoutoftherenderingof,or 2."Advertisingidea"meansanyideaforan thefailuretorender,anyprofessional "advertisement".architectural,engineeringorsurveying services,including: 3."Asbestoshazard"meansanexposureor threatofexposuretotheactualoralleged(1)Thepreparing,approving,orfailureto propertiesofasbestosandincludesthemere prepareorapprove,maps,shop presenceofasbestosinanyform.drawings,opinions,reports,surveys, fieldorders, change orders, designs or 4."Auto"meansalandmotorvehicle,traileror drawings andspecifications; or semi-trailerdesignedfortravelonpublic roads,includinganyattachedmachineryor (2)Supervisory,inspection,architectural equipment. But"auto"doesnotinclude orengineering activities. "mobile equipment".10.AdditionalInsured–Co-OwnerOfInsured5."Bodilyinjury" means physical:Premises a.Injury;C.WHOISANINSUREDunderSectionis amendedtoincludeasanadditionalinsured b.Sickness; ortheperson(s)orOrganization(s)showninthe c.DiseaseDeclarationsasanAdditionalInsured–Co- sustainedbyapersonand,ifarisingoutofthe OwnerOfInsuredPremises,butonlywith above, mental anguish ordeathatany time.respecttotheirliabilityasco-ownerofthepremisesshown in the Declarations. 6."Coverageterritory"means:

Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568353 BUSINESS LIABILITYCOVERAGE FORMa. b.The United States of America(includingits Youhavefailedtofulfillthetermsofa territoriesandpossessions),PuertoRico contractor agreement;andCanada; ifsuch property canbe restored to useby:b.Internationalwaters orairspace, but only if a.Therepair,replacement,adjustmentor theinjuryordamageoccursinthecourse removalof"yourproduct"or"yourwork"; oftravelortransportationbetweenany ora.places includedinabove; b.Yourfulfillingthetermsofthecontractor c.Allotherpartsoftheworldiftheinjuryor agreement.damage arises out of: 12."Insured contract"means:(1)Goodsorproductsmadeorsoldbyyou a.Acontractforaleaseofpremises. a.intheterritorydescribedinabove; However,thatportionofthecontractfora (2)Theactivities of a person whose home leaseofpremisesthatindemnifiesany aisintheterritorydescribedin. personororganizationfordamagebyfire, above,butisawayforashorttimeon lightningorexplosiontopremiseswhileyourbusiness; or rentedtoyouortemporarilyoccupiedby (3)"Personalandadvertisinginjury" youwithpermissionoftheowneris offensesthattakeplacethroughthe subjecttotheDamageToPremises Internetorsimilarelectronicmeansof RentedToYoulimitdescribedinSection D.communication –LiabilityandMedicalExpensesLimits of Insurance.providedtheinsured'sresponsibilitytopay b.damagesisdeterminedintheUnitedStatesof Asidetrack agreement;America(includingitsterritoriesand c.Anyeasementorlicenseagreement,possessions),PuertoRicoorCanada,ina includinganeasementorlicense "suit"onthemeritsaccordingtothe agreementinconnectionwithconstruction substantivelawinsuchterritory,orina ordemolitionoperationsonorwithin50settlement weagree to. feetofa railroad;7."Electronicdata"meansinformation,factsor d.Anyobligation,asrequiredbyordinance, programs: toindemnifyamunicipality,exceptin a.Stored asor on; connectionwith workfora municipality;b.Created orused on; or e.Anelevator maintenance agreement; orc.Transmitted to orfrom f.Thatpartofanyothercontractor agreementpertainingtoyourbusiness computersoftware,includingsystemsand (includinganindemnificationofa applicationssoftware,hardorfloppydisks, municipalityinconnectionwithwork CD-ROMS,tapes,drives,cells,data performedforamunicipality)underwhichprocessingdevicesoranyothermediawhich youassumethetortliabilityofanother areusedwithelectronicallycontrolled partytopayfor"bodilyinjury"or"property equipment. damage"toathirdpersonororganization, 8."Employee"includesa"leasedworker". providedthe"bodilyinjury"or"property "Employee"doesnotincludea"temporary damage"iscaused,inwholeorinpart,by worker". youorbythoseactingonyourbehalf. 9."Executiveofficer"meansapersonholding Tortliabilitymeansaliabilitythatwould be anyoftheofficerpositionscreatedbyyour imposedbylawintheabsenceofany charter,constitution,by-lawsoranyother contractor agreement.similargoverningdocument. f.Paragraphincludesthatpartofany10."Hostilefire"meansonewhichbecomes contractoragreementthatindemnifiesa uncontrollableorbreaksoutfromwhereitwas railroadfor"bodilyinjury"or"propertyintendedtobe. damage"arisingoutofconstructionordemolitionoperationswithin50feetofany 11."Impairedproperty"meanstangibleproperty, railroadpropertyandaffectingany railroad otherthan"yourproduct"or"yourwork",that bridgeortrestle,tracks,road-beds,tunnel, cannot beused orislessuseful because: underpassor crossing.a.Itincorporates"yourproduct"or"yourwork" f.However,Paragraphdoesnotinclude thatisknownorthoughttobedefective, thatpartofany contractor agreement:deficient,inadequateordangerous;or FormSS 0008 0405 Page 21of24
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568354 BUSINESS LIABILITYCOVERAGE FORM(1) (1)Thatindemnifiesanarchitect, Powercranes,shovels,loaders, engineerorsurveyorforinjuryor diggers ordrills; ordamage arisingoutof: (2)Roadconstructionorresurfacing (a)Preparing,approvingorfailingto equipmentsuchasgraders,scrapers prepareorapprovemaps,shop orrollers;drawings, opinions, reports, e. a.b.c.d.Vehiclesnotdescribedin,,,orsurveys,fieldorders,change abovethatarenotself-propelledandareorders,designsordrawingsand maintainedprimarilytoprovidemobilityto specifications;or permanentlyattachedequipmentofthe (b)Givingdirectionsorinstructions, followingtypes:or failingtogivethem,if that is the (1)Air compressors, pumpsand primarycauseoftheinjuryor generators, includingspraying, damage;or welding,buildingcleaning,(2)Underwhichtheinsured,ifan geophysicalexploration,lightingand architect,engineerorsurveyor, wellservicing equipment;orassumesliabilityforaninjuryor (2)Cherrypickersandsimilardevices damagearisingoutoftheinsured's usedtoraiseor lower workers;renderingorfailuretorender f. a.b.c.d.Vehiclesnotdescribedin,,,orprofessionalservices,includingthose abovemaintainedprimarilyforpurposes (1)listedinaboveandsupervisory, otherthanthetransportationofpersonsorinspection,architecturalor cargo.engineeringactivities. However,self-propelledvehicleswiththe13."Leasedworker"meansapersonleasedto followingtypesofpermanentlyattached youbyalaborleasingfirmunderan equipmentarenot"mobileequipment"but agreementbetweenyouandthelaborleasing will beconsidered"autos":firm, to perform duties related to the conduct of (1)Equipment,ofatleast1,000pounds yourbusiness."Leasedworker"doesnot grossvehicleweight,designedincludea "temporaryworker". primarilyfor:14."Loadingorunloading"meansthehandlingof (a)Snowremoval;property: (b)Roadmaintenance,butnot a.Afteritismovedfromtheplacewhereitis construction orresurfacing;oracceptedformovementintoorontoan aircraft,watercraftor "auto"; (c)Streetcleaning;b.Whileit is in oron anaircraft, watercraft or (2)Cherrypickersandsimilardevices "auto";or mountedonautomobileortruck chassisandusedtoraiseorlower c.Whileitisbeingmovedfromanaircraft, workers; andwatercraftor"auto"totheplacewhere itis finallydelivered; (3)Air compressors, pumpsandgenerators, includingspraying, but"loadingorunloading"doesnotincludethe welding,buildingcleaning, movement of property by means of a mechanical geophysicalexploration,lightingand device,otherthanahandtruck,thatisnot wellservicing equipment.attachedtotheaircraft,watercraftor"auto". 16."Occurrence"meansanaccident,including15."Mobile equipment" means any ofthefollowing continuousorrepeatedexposuretosubstantiallytypesoflandvehicles,includinganyattached thesamegeneralharmfulconditions.machineryor equipment: 17."Personaland advertising injury" means injury, a.Bulldozers,farmmachinery,forkliftsand includingconsequential"bodilyinjury",arising othervehiclesdesignedforuseprincipally out of oneor more of the followingoffenses:offpublic roads; a.Falsearrest, detention orimprisonment;b.Vehiclesmaintainedforusesolelyonor next to premisesyou ownor rent; b.Maliciousprosecution;c.Vehicles thattravel oncrawlertreads;d.Vehicles,whetherself-propelledornot,on which arepermanentlymounted:

Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568355 BUSINESS LIABILITYCOVERAGE FORMc.Thewrongfulevictionfrom,wrongfulentry Work thatmayneed service,maintenance, into,orinvasionoftherightofprivate correction,repairorreplacement,but occupancyofaroom,dwellingor whichisotherwisecomplete,willbe premisesthatthepersonoccupies, treatedas completed.committedbyoronbehalfofitsowner, The"bodilyinjury"or"propertydamage" landlordor lessor; mustoccurawayfrompremisesyouownd.Oral,writtenorelectronicpublicationof orrent,unlessyourbusinessincludesthe materialthatslandersorlibelsapersonor selling,handlingordistributionof"your organizationordisparagesaperson'sor product"forconsumptiononpremisesyou organization's goods, products orservices; ownor rent.e. b.Oral,writtenorelectronicpublicationof Doesnotinclude"bodilyinjury"or materialthatviolatesaperson'srightof "property damage" arisingoutof:privacy; (1)Thetransportationofproperty,unlessf.Copying,inyour"advertisement",a theinjuryordamagearisesoutofa person’sororganization’s"advertising conditioninoronavehiclenotowned idea" orstyle of "advertisement"; oroperatedbyyou,andthatcondition wascreatedbythe"loadingorg.Infringement of copyright, slogan, or title of unloading"ofthatvehiclebyany anyliteraryorartisticwork,inyour insured;or"advertisement"; or (2)Theexistenceoftools,uninstalled h.Discriminationorhumiliationthatresultsin equipmentorabandonedorunusedinjurytothefeelingsorreputationofa materials.naturalperson. 20."Property damage" means:18."Pollutants"meansanysolid,liquid,gaseousorthermalirritantorcontaminant,includingsmoke, a.Physicalinjurytotangibleproperty, vapor,soot,fumes,acids,alkalis,chemicalsand includingallresultinglossofuseofthat waste.Wasteincludesmaterialstoberecycled, property.Allsuchlossofuseshallbe reconditionedorreclaimed. deemedtooccuratthetimeofthe physicalinjury thatcaused it; or19."Products-completed operationshazard";b.Lossofuseoftangiblepropertythatisnot a.Includesall"bodilyinjury"and"property physicallyinjured.Allsuchlossofuse damage"occurringawayfrompremises shallbedeemedtooccuratthetimeof youownorrentandarisingoutof"your "occurrence"that causedit.product" or"your work"except: Asusedinthisdefinition,"electronicdata"is (1)Productsthatarestillinyourphysical not tangible property.possession;or 21."Suit"meansacivilproceedinginwhich(2)Workthathasnotyetbeencompleted damagesbecauseof"bodilyinjury","property orabandoned.However,"yourwork" damage"or"personalandadvertisinginjury" willbedeemedtobecompletedatthe towhichthisinsuranceappliesarealleged. earliest of the followingtimes: "Suit"includes:(a)Whenalloftheworkcalledforin a.Anarbitrationproceedinginwhichsuch yourcontract hasbeen completed. damagesareclaimedandtowhichthe (b)Whenall of the work to bedone atinsuredmustsubmitordoessubmitwiththejobsitehasbeencompletedif ourconsent; oryourcontractcallsforworkat b.Anyotheralternativedisputeresolution more than onejobsite. proceedinginwhichsuchdamagesare (c)When that part of the workdone at claimedandtowhichtheinsuredsubmits ajobsitehasbeenputtoits withour consent.intendedusebyanypersonor 22."Temporaryworker"meansapersonwhois organizationotherthananother furnishedtoyoutosubstituteforapermanentcontractororsubcontractor"employee"onleaveortomeetseasonalor working onthesameproject. short-termworkloadconditions.23."Volunteerworker" means aperson who:a.Is not your"employee"; FormSS 0008 0405 Page 23of24
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568356 BUSINESS LIABILITYCOVERAGE FORMb. (2)Donates his orher work; Theprovidingoforfailuretoprovide warnings orinstructions.c.Actsatthedirectionofandwithinthe c.scopeofduties determined byyou;and Doesnotincludevendingmachinesor d.Isnotpaidafee,salaryorother otherpropertyrentedtoorlocatedforthe compensationbyyouoranyoneelsefor useofothersbutnotsold.theirwork performedforyou. 25."Yourwork":24."Yourproduct": a.Means:a.Means: (1)Workoroperationsperformedbyyou (1)Any goodsor products,otherthanreal oron yourbehalf;andproperty, manufactured, sold, handled, (2)Materials, partsorequipment distributedor disposed of by: furnished in connectionwith suchwork (a)You; oroperations.(b) b.Otherstradingunderyourname; Includes:or (1)Warrantiesor representations made at (c)Apersonororganizationwhose anytimewithrespecttothefitness, businessorassetsyouhave quality,durability,performanceoruse acquired;and of "yourwork";and(2) (2)Containers(otherthanvehicles), Theprovidingoforfailuretoprovide materials, partsorequipment warnings orinstructions.furnishedinconnectionwithsuch goodsor products.b.Includes:(1)Warrantiesor representations made at anytimewithrespecttothefitness, quality,durability,performanceoruse of "yourproduct"; and

Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568357 Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

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

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:
7304
CSWST2
Docusign Envelope ID: 5B8C94CD-3860-41D6-907C-791363AE6568 President/CEO
CSWST2
Robert Stevens
1/30/2025
358

May 27, 2025

Economic Development
Port Division

DATE: May 27, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Charles Gerard, Port Director

Subject:

Port of Richmond Federal Maritime Commission (FMC)
Tariff No.3 Amendment
FINANCIAL IMPACT: The Port will generate additional vessel dockage, wharfage, storage, and other revenue, which will
increase the Port’s overall operating revenues. This
year’s proposed two and half percent (2.5%) general rate increase will keep the Port competitive with other ports in the Bay Area.

PREVIOUS COUNCIL
ACTION:

November 7, 2023

STATEMENT OF THE
ISSUE:

The Port of Richmond is seeking a two and half percent
(2.5%) 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, 2025. The Port of Richmond will maintain a competitive position in relation to the othe r 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 two and half percent (2.5%)
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
AGENDA
REPORT
359

May 27, 2025

Development Department (Charles Gerard 510-620
6792).

DISCUSSION:

Background
Since 2015, the Executive Director of California Association of Port Authorities (CAPA) has drafted a Letter of Memorandum (Attachment 4) each year to the Committee on Tariffs and Practices (Executive Committee), requesting consideration of a General Rate Increase (GRI). This policy allows all ports in the State of California to apply a Consumer Price Index for All Urban Consumers (CPI-U) change for the twelve-month period ending in December of each year. Th e policy ensures that ports remain competitive. Member ports of CAPA include: the ports of Humbolt, Los Angeles, Long Beach, San Diego, Hueneme, Redwood City, West Sacramento, San Francisco, Oakland, S tockton, 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 (Attachment 2) to the CAPA Executive Committee on May 20, 2025 . The docket proposal include d a two-and-a-half percent (2.5%) GRI to the Port’s Federal Maritime Commission (FMC) tariff number three (Attachment 1) and an annual CPI rate adjustment. The Port of Richmond’s docket was unanimously approved by CAPA members on the same date.

NEXT STEPS:

The City Council is to approve a resolution (Attachment 3) amending the annual 202 5 tariff increase. The Port will generate additional vessel dockage revenue, wharfage revenue, storage revenue, and other revenue, which will increase the Port’s overall operating revenues. Last year, the Port did not increase the tariff, but this year’s proposed two-and-a-half percent (2.5%) general rate increase will keep the Port competitive with other ports in the Bay Area. If approved, any tariffs due on or after July 1, 2025, will be charged the two-and-a-half percent (2.5%) GRI.

DOCUMENTS ATTACHED:

Attachment 1 - 2025 Port of Richmond Tariff FMC No. 3
Attachment 2 - California Association of Port Authorities Docket Proposal Attachment 3 - Resolution 2025
Attachment 4 - CAPA CPI-U 2025 Memo
360

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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]
361

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
2 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34. TERMINAL TARIFFS

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

SEE SUBRULES
362

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 363

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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.
364

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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. 365

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(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.
366

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RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS -

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(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 367

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(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)
368

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ISSUED 01 JUL 2025
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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)
369

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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. 370

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(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. 371

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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 372

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(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 373

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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. 374

PORT OF RICHMOND
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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 375

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(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
376

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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. 377

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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.
378

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(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 379

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ISSUED 01 JUL 2025
20 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 )

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.

380

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
21 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 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. 381

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
22 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)

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:

382

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
23 ISSUED BY: EXECUTIVE DIRECTOR

RULES AND REGULATIONS

RULE: 34.02 SECTION 2 - HAZARDOUS MATERIALS RULES AND REGULATIONS -

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.
383

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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
384

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 385

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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.
386

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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)
387

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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. 388

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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.
389

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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
390

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 391

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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:
392

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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. 393

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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) 2.5%
0 30 $118.00
30 45 $166.00
45 60 $230.00
60 75 $348.00
75 90 $474.00
90 105 $743.00
105 120 $1,064.00
120 135 $1,436.00
135 150 $1,866.00
150 165 $2,345.00
165 180 $2,882.00
180 195 $3,474.00
195 210 $4,118.00
210 225 $4,813.00
225 240 $5,564.00
240 255 $6,370.00
255 270 $7,233.00
270 285 $8,146.00
285 300 $9,112.00
300 315 $10,133.00
315 330 $11,207.00
330 345 $12,337.00
345 360 $13,521.00
360 375 $14,753.00
375 390 $16,045.00
390 (1)
394

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 $14,402 per day plus $40 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. 395

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 $149.00 per twenty-foot equivalent container unit (TEU) prior to leaving 396

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 $139.00 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 of 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 397

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 ($193.00) 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.
398

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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.
399

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

ITEM 09102
Boats, including launches, skiffs and yachts (Per Cubic Meter) . . . . . . . . . . . . . . . .. . …..433

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 . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 692

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. . . . . . . . . . . . . . . . . . . . . . .. . …257 Scrap Metal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .229

ITEM 09115
Cargo, in bulk, N.O.S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .171

ITEM 09120
Cargo or Merchandise, bulk, moving in containers (Per 1,000 Kilograms) . . . . . . . . .. . .698

400

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 ....... $112Per Unit Overall Length Over 7 meters $205.00 Per Unit
ITEM 09130
Coffee, green, in bags, per ton of 1,000 kilograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691

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

From barge to vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 From car or truck to vessel . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 ITEM 09145

Liquids, N.O.S. in bulk from or to vessel through
pipeline (See Exceptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195

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. . . . . . . . . . . . . . . . . 195 401

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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
647
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.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1,180
EXCEPTION: Eucalyptus Logs
(Per 1,000 Kilograms) . . . . . . . . . . . . . . . . . . . . . . . . . . . .

489
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.) . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .

991
EXCEPTION: Timber, Sawn (Pinus Radiata)
Inbound Only (Per Cubic Meter) . . . . . . . . . . . . . . . . . . . . . . . . . .

345

Dunnage and Ship Lining (Per 1,000 Ft. B.M.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1015 Piles and poles, per lineal meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 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) . . . . . . . . . . . .

892
60,001 to 120,000 . . . . . . . . . (Per BDU) . . . . . . . . . . . . 673 Over to 120,000 BDU . . . . . . . (Per BDU) . . . . . . . . . . . . 503 402

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 . . . . . . . . . . . . . . . . 632 Wire Rod, in bundles or coils, minimum 500 tons,
one consignor, one consignee, one vessel . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 631 Exception: From one consignor to one consignee for each consecutive 12-month period commencing July 1, 1994:

60,001 to 100,000 tons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 560 100,001 to 130,000 tons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 Over 130,000 tons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478 403

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 . . . . . . . . . . . . . . . . $433 ITEM 09175
Paper and Paper Products, N.O.S.

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

$734
ITEM 09180
Racks, KD, empty, viz.:

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

$171
ITEM 09185
United States Mail, per ton 1,000 kilograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,285 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17 Per Van

Overall Length 7 -9 Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $19 Per Van 404

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $26

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 . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $31 NOTE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9 When privately owned, per vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $34 NOTE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $23 See NOTE 1, Item 09195 . . . . . . . . . . . . . . . . . . . . . . . . . . $19 each

ITEM 09205
Vehicles, viz:
405

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1458

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

Trailers, House or Vacation, Mobile, S.U.; with
or without wheels, per cubic meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 562

ITEM 09215

Wood and Wood Products, N.O.S., not in containers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691 406

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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: $88 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 $116 $137 $225 $254

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
407

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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
408

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 $158.00 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 $184 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.): $188 PER TEU OR:
161699.00
409

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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

$189

$211

$379

$425

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

$72 per Container
410

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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) $132.00 per TEU; or: Container Size 0 - 7M $165
7 - 9M $199
9 - 13M $329
OVER 13M $369

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 $31 per container 10600 OVER 9 $35 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).
411

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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- 412

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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. 413

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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.
414

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 $28 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.

415

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
56 ISSUED BY: EXECUTIVE DIRECTOR

(continued on the next page)
416

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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. 417

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 $38

7.0 - 9.0 $22 $44

9.0 - 11.9 $35 $66

11.9 - 13.0 $38 $69

13.0 or Over $50 $92

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
56 110

(continued on the next page)
418

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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

56 110
Vehicles, motor, on
wheels or treads, as
described in Item
N.O.S.
09195, 09200, 09205 and 09210
Per vehicle

160

316

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 $ 131

7.0 - 9.0 131 139

9.0 - 11.9 139 191

11.9 - 13.0 191 213

13.0 or Over 213 295
419

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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. 42 470

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. 31 360

ITEM 12125

Asbestos, in bags 24 256

ITEM 12130

Beans, Cocoa, in bags. 32 303

(continued on next page)
420

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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.

31 269
ITEM 12140
Coffee, green, in bags, per
Ton of 1,000 kilograms

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

34 422
ITEM 12150
Fertilizers, N.O.S.

23 229
ITEM 12155
Fruit, dried, in bags or cases

29 268
ITEM 12160
Iron or Steel Articles, NOS.,
when held in uncovered areas

29 216-221
Iron or Steel Sheets, loose,
in packages, or in rolls

34 216-221
Iron or Steel Pipe, NOS 34 362-370
ITEM 12165
Liquor, i.e., Alcoholic Beverages

43 477

421

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 59
ITEM 12175

Lumber, per 1,000 feet B.M., in
areas
uncovered
34 338
ITEM 12180
Milk, or Milk Products, dried

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

29 221
ITEM 12190
Paper and Paper Articles,
viz.:

Bags
Boxes, Fiber, Corrugated, K.D.

46 235
Folded
Napkins, Towels
Newsprint, in rolls pulpboard,

55 67
639

1068
in rolls
Tissues, NOS, including toilet
paper
22 54
221

639
Waste, in machine compressed
bales, or bundles
36 320
422

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 50 550
ITEM 12195
Petroleum and Petroleum

Outbound Products, in packages
only

32 292
ITEM 12200
Pipe, asbestos, and/or cement
When held in uncovered areas

32 292
ITEM 12205
Plywood or Veneer, N.O.S., in
Packages

50 566
ITEM 12210
Rice
44 338
ITEM 12215
Sugar, N.O.S., in sacks
32 293
ITEM 12220
Tin Plate
282 241
ITEM 12225
Vehicles, Commercial (as described
in item 09200), per unit

99 - -
423

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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
183

94 457
(c ) When stored in open areas
off terminal per vehicle
71 ITEM 12235
Vehicles, trucktractors (as
Described in item 092051),
Per units:

171

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

32 268
ITEM 12245
Yachts and Small Boats
(applicable Intercoastal Trade
only):

For the first 14 calendar days
after expiration of free time

89 N/A

(continued on next page)
424

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 166 N/A
425

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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) $511

Vessel Gantry Crane $511
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: $156
426

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 $34.00. 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 $34.00 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15 427

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 $42 or 15% whichever is greater.
428

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 429

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 - $249.00 per month per assignment of covered area; $120.00 per month per assignment of uncovered area.

C Office Space
(1) Office Space, NOS 1.00 Office
(2) Space, NOS, Air Conditioned 1.00

(continued on next page)
430

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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.
431

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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
432

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
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 $400.00 per year.
433

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

Kristine Zortman
President

Mario Cordero
Vice President

David Libatique
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 May 20th , Meeting 2025 .

Submitted by: Port of Richmond Docket No.: 25-05

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

Proposal:

CPI-U: 2.5% 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 2.5% tariff rate increase (General Rate Increase), effective July 1, 2025.

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 May 2025.

Date: April 28, 2025 Signed:

Name: Lizeht Zepeda

Title: Sr. Business Assistance Officer

cc: Charles Gerard, Richmond Port Director
CAPA Executive Director
Committee on Tariffs & Practices
OBO Executive Director
434

Reso. No. _____

DocID #43700v1
RESOLUTION NO. ______

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

CALIFORNIA, APPROVING A TWO-AND-A-HALF PERCENT TARIFF RATE

INCREASE TO THE PORT OF RICHMOND TERMINAL TARIFF FEDERAL MARITIME COMMISSION NO. 3.

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

WHEREAS, it is desirable to amend the Port of Richmond Terminal Tariff Federal Maritime Commission (FMC) No. 3 by implementing a two-and-a-half (2.5%) percent tariff rate increase General Rate Increase (GRI), effective July 1, 2025; and

WHEREAS, on May 20, 2025, 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, 2025, will have a 2.5% percent annual tariff rate increase GRI.

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 2.5% effective as of July 1, 2025.

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.

******************
***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on ___________, by the following vote:

AYES: AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
435

Reso. No. _____

DocID #43700v1
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 May 20, 2025.

_______________________________________
Pamela Christian, Clerk of the City of Richmond
436

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

Kristine Zortman
President

Mario Cordero
Vice President

David Libatique
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) – 2.5%
DATE: January 30, 2025

The Bureau of Labor Statistics has identified a 2.5% increase in the West Region Consumer Price Index (CPI-U) for the 12-month period ending December 2024. 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 may use the CPI-U or other local or regional CPI indices in connection with any general rate increase implemented this year.

Sincerely,

Martha Miller
Executive Director
California Association of Port Authorities
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May 27, 2025

Economic Development
Port Division

DATE: May 27, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Charles Gerard, Port Director

Subject:

On Call Electrical Support
FINANCIAL IMPACT: The proposed expenditure is included within the approved Fiscal Year (FY) 2024-2025 Port Budget and
will be budgeted in the Port’s FY 2025-2026, and FY
2026-2027 budgets accordingly. Account String:
40163080 400540 36039

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

City staff is requesting City Council to adopt a resolution to enter into contracts with Lucas Electrical Inc., NEMA Construction, and Tyler Parrish, LLC for on-call electrical support at the Port of Richmond.

RECOMMENDED ACTION: ADOPT a resolution approving contracts with three firms to provide electrical maintenance, surveying, and repair services for the Port of Richmond, on an as needed
basis, for a three-year term, expiring June 30, 2027, with a not-to-exceed total expenditure of $200,000 annually, for a total potential not-to-exceed contract amount of
$600,000, over three years for each firm - Economic
Development Department (Charles Gerard 510-620
6792).

AGENDA
REPORT
438

May 27, 2025

DISCUSSION:

Background

The Port of Richmond requires support to maintain electrical infrastructure within Point Potrero Marine Terminal (PPMT) and Terminals 2, 3 and 4. These facilities were built in the 1940’s and the aging infrastructure requires electrical repairs, upgrades and continued maintenance. The electrical grid is a key component to Port facilities and operations. It affects the capabilities to maintain and expand future operations and innovate the Port for future operations.

In December 2024, the Port of Richmond requested proposals (RFP) using the City’s procurement system. On-call electricians are required to hold a general engineering A, B, or C -10 contractor’s license and need to be experienced maintaining, surveying, and repairing high voltage electrical equipment and infrastructure in a marine environment.

In January 2025, t he Port received three proposals from the following electrical contractors:

Vendor Location License Number License Type
Lucas Electrical Antioch 1101130 C10
NEMA Construction Albany 73187 B and C10
Tyler Parrish West Sacramento 1095926 C10

Port staff reviewed the proposals and found all three electrical vendors suitable for providing services to the Port of Richmond. The Port seeks adoption of a resolution (attachment 1) for three vendors: Lucas Electrical Inc., NEMA Construction, and Tyler Parrish, LLC. The vendors will provide electrical maintenance, surveying, and repair services for the Port of Richmond, on an as-needed basis.

When the Port requires electrical services, it will request a scope of work, schedule, and cost proposal from each of the electrical vendors. The Port will then select the proposal with the best fit and value and will provide a work authorization to perform the work to the selected vendor.

The Port’s budget for on-call electrical support is $200,000 annually. Each on call electrical vendor will have a total not-to-exceed contract with a value of $200,000 per year for a three-year term expiring June 30, 202 7 (Attachments 2-4) with the City. The work authorization amounts are for an as needed basis. The Port may award none, some, or all the contract value to each contractor consistent with its approved fiscal year budget.

ENVIRONMENTAL REVIEW:

As this is repair and maintenance work, the project is exempt from the California Environmental Quality Act.
439

May 27, 2025

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 - Lucas Electrical Inc. Contract Agreement Attachment 3 - NEMA Construction Contract Agreement
Attachment 4 - Tyler Parrish, LLC Contract Agreement
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Reso. No. _____

DocID #43694v1
RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, AUTHORIZING ON CALL ELECTRICAL CONTRACTORS FOR

AS-NEEDED ELECTRICAL RELATED SUPPORT SERVICES FOR AN AMOUNT NOT TO EXCEED $200,000 PER VENDOR, PER YEAR FOR THREE YEARS

WHEREAS, the Port of Richmond requires support to maintain its electrical infrastructure in its facilities . The Port, released a Request for Proposal (RFP) on December 4, 2024, seeking qualified electrician vendors who possess a valid General Engineering A, B, or C-10 contractor’s license to provide electrical services in a marine environment, the purpose is for the Port to have a pre-qualified on call list; and

WHEREAS,The Port’s facilities, where work may be requested, include the Point Potrero Marine Terminal as well as Terminal 2; and

WHEREAS, Port staff reviewed the proposals and found all three electrical vendors suitable to support the Port of Richmond; and

WHEREAS, three (3) vendors responded to the Request for Proposal; and

WHEREAS, the three (3) vendors recommended to be electrical on call support are:

 Lucas Electrical Inc.
 NEMA Construction
 Tyler Parrish, LLC

WHEREAS, the Port of Richmond will identify a task, when electrical services are needed and will request a scope of work, schedule, and cost proposal from each of the electrical vendors; and
WHEREAS, the Port will then select the proposal with the best fit and value and will provide a work authorization to perform the work to the selected vendor; and

WHEREAS, The Port of Richmond ’s fiscal year budget for on call electrical support services is $200,000 annually. Each on call electrical vendor will have a as-needed contract with a total not to exceed contract value of $200,000 per vendor per year for a three-year term, for a total potential not-to-exceed contract amount of $600,000 over three years for each firm.; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond, California hereby authorizes the Port of Richmond to enter into contracts for as -needed on call electrical support, with the aforementioned qualifed electrical vendors for an amount not to exceed $200,000 per vendor, per year for a term of three years, for a total potential not-to-exceed contract amount of $600,000; and

BE IT FURTHER RESOLVED that the Richmond City Council authorizes the City Manager or their designee to execute contracts, in the name of the City of Richmond.

******************
***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on Mmmm dd, yyyy, by the following vote:

AYES: AYES:

NOES:

ABSTENTIONS:

ABSENT:
441

Reso. No. _____

DocID #43694v1

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

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

_______________________________________
Pamela Christian, Clerk of the City of Richmond
442

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Economic Development: Port
Charles Gerard
[email protected]
(510) 620-6792
On Call Electrical Support
Lucas Electrical Inc.
5402 Cherokee Way
Antioch, California 94531
Cesar Lucas
(925) 813-8188
[email protected]
May 20, 2025
June 30, 2027
600,000.00
2024-2025
200,000.00
2025-2026
200,000.00
2026-2027
200,000.00
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6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.

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

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

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

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

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)

By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________

I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)

By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G

Lucas Electrical Inc.
444
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

SERVICE PLAN

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

Lucas Electrical Inc.
445

Cover Letter

12/18/2024

Port of Richmond

450 Civic Center Plaza
Richmond, California 94804

Attention: Proposal Review Committee
Subject: Proposal Submission for On-Call Electrical Support Services

Dear Port of Richmond,
Lucas Electrical Inc. is pleased to submit our proposal for on-call electrical support services for the Port of Richmond. As a licensed electrical contractor with extensive experience in delivering reliable, code -compliant, and efficient solutions, we are confident in our ability to support your operations and address your electrical needs promptly and effectively.

Our interest in this opportunity stems from our commitment to providing high- quality services to vital infrastructure facilities like the Port of Richmond. With a proven track record of success in similar projects, we aim to deliver exceptional service that aligns with your operational goals and safety standards.

Our company details and license information are as follows:
• Company Name: Lucas Electrical Inc.
• License Number: 1101130
• Contact Information:
o Phone: 925-813-188
o Email: [email protected]

o Address: 5402 Cherokee Way Antioch, CA 94531

We welcome the opportunity to partner with you and contribute to the continued success and efficiency of the Port of Richmond. Please feel free to contact us with any questions or to discuss our proposal further.

Thank you for considering Lucas Electrical for this important project.

Sincerely,

Cesar Lucas & Nicholas McFarling
Owners, Lucas Electrical Inc.
925-813-8188 & 925-428-0230
[email protected]
WWW.LUCASELECTRICALANTIOCH.COM

446

Summary of Experience

Lucas Electrical has extensive experience providing high-quality electrical repair services tailored to complex environments, including marine systems and a variety of voltage levels such as 120V, 240V, 480V, and work around 4160V substations. Our team has built a reputation for reliability, precision, and adherence to safety standards across various projects in the industrial, municipal, and marine sectors.

Marine/Dock Electrical Services
• Successfully serviced and repaired electrical systems in port facilities, including lighting, power distribution, and control systems for cranes, docks, and marine vessels feedback signals from the dock. • Expertise in addressing the unique challenges of marine environments, such as corrosion resistance, moisture control, and operational durability under harsh conditions. • Delivered on-call maintenance and emergency repairs for ports, ensuring minimal downtime and continuity of operations.

Substation Experience
• Performed light maintenance on 4160V substations, including breaker replacements and equipment upkeep.
• Skilled in ensuring compliance with all safety and regulatory requirements, including the National Electrical Code (NEC) and OSHA standards.
• Proven ability to troubleshoot and implement solutions for substation systems to maintain optimal performance and reliability.

Key Projects
• Georgia Pacific Antioch Port Power Distribution Upgrade: Repaired and upgraded electrical systems for port operations, focusing on energy efficiency and reliability. • Tesla Factory Fremont Maintenance and Power Distribution Upgrade: Provided maintenance, repair services, and installation of new equipment and gear to ensure seamless operations.

Dock/Port Work Experience

1. Compressor Installation and Replacement:

Replaced and installed a 125-gallon, 5 HP compressor unit used to clean the dock area during unloading operations at the Georgia-Pacific facility.

2. Feeder and Disconnect Installation:

Installed feeders and a disconnect for a 400-amp circuit providing power to the dock MCC/MCP panels.

This included wiring motor circuits and instruments for the hopper equipment, ensuring seamless operation.

3. Lubrication System Wiring:

Completed electrical work for a lubrication system servicing a 400 HP chain -driven motor. This system maintained proper lubrication for the chain loop during the unloading of gypsum rock from the ship.

4. Transformer Installation:

Installed a 225 kVA transformer to step down power from 480V to 120/208V, supporting controls, lighting, and receptacles across the dock area.

Commitment to Excellence
Our team is dedicated to delivering safe, efficient, and cost-effective electrical solutions. With over 25 years of experience in marine systems and substation maintenance, Lucas Electrical is a trusted partner for complex and demanding electrical repair projects.

447

Proposed Subcontractors

As part of our proposal for on-call electrical support services at the Port of Richmond, Lucas Electrical may engage the following subcontractors to ensure the successful and timely completion of specialized tasks. All subcontractors are carefully vetted and meet the highest standards for quality, safety, and compliance with local, state, and federal regulations.

Subcontractor List

1. GOLDMINE COMMUNICATIONS INC
o Specialization: specialize in installing conduits, cabinets, and power plant installation and upgrades, as well as battery racks and cabling. Our expertise extends to back -up generators up to 150KV, alarms, fiber optic systems, CAT 6 cables, and hybrid cables. We also pro vide troubleshooting and maintenance services to ensure the seamless operation of your electrical systems.
o License Number: 1099543 A, B, C-10
o Contact Information: Adrian Lopez
 Phone: 925-305-5980
 Email: [email protected]
o Role in Project: Concrete Pads, Structural Concrete, Demolition, Asphalt Paving, Retaining Walls

2. LUMA ENGINEERING CONTRACTORS INC
o Specialization: specialize in demolition, asphalt, trenching, utilities, concrete, grading and fencing.
o License Number: 1095197 B, C-10
o Contact Information: Brain Pfaff
 Phone: 707-266-4402
 Email: [email protected]
o Role in Project: Concrete Pads, Structural Concrete, Demolition, Asphalt Paving, Retaining Walls

Subcontractor Selection Commitment

We understand the importance of maintaining high standards for all work performed at the Port of Richmond. Any subcontractors proposed for this project will meet or exceed the following qualifications:

• Valid licensing and insurance.
• Demonstrated expertise in their respective fields.
• Proven track record of successful projects.
• Compliance with all safety and environmental regulations.

If required, we are prepared to provide additional documentation or certifications for each subcontractor listed.

448

Statement of Compliance with the City of Richmond Ordinances

Lucas Electrical is fully committed to adhering to all City of Richmond ordinances, policies, and regulations while performing on-call electrical support services for the Port of Richmond. Our approach to compliance includes the following key elements:

Regulatory Compliance
• We will ensure that all work aligns with the City’s building codes, zoning ordinances, and any specific regulations pertaining to port operations.
• Our team is knowledgeable in relevant local, state, and federal regulations, including the National Electrical Code (NEC) and safety standards set forth by OSHA.

Permits and Approvals
• Prior to commencing any work, we will obtain all necessary permits as required by the City of Richmond. • We will coordinate closely with City officials and inspectors to ensure that all work is approved and documented in accordance with City guidelines.

Environmental Compliance
• We will strictly adhere to the City’s environmental ordinances, including those related to waste disposal, pollution prevention, and hazardous materials handling. • Our team is trained to minimize environmental impacts and will implement best practices to protect marine and surrounding environments.

Local Hiring and Community Engagement
• We support the City of Richmond’s efforts to promote local economic growth and are committed to complying with any local hiring ordinances or apprenticeship programs. • If subcontractors are required, we will prioritize engaging local businesses that meet the City’s licensing and performance standards.

Safety Standards
• All work will be conducted in compliance with the City’s safety ordinances and industry’s best practices to protect workers, City personnel, and the public.
• We will maintain an active safety program, perform regular safety audits, and comply with site- specific safety requirements set forth by the city or the Port of Richmond.

Lucas Electrical is dedicated to maintaining a strong partnership with the City of Richmond by ensuring full compliance with all applicable ordinances, fostering transparency, and upholding the highest standards of professionalism.

449

References

Below are three professional references who can attest to the quality of our work, reliability, and expertise in electrical repair and installation services. Each reference is familiar with Lucas Electrical’s capabilities and can provide further insights into our performance on similar projects.

1. Tom Deborba
o Title/Position: Electrical QA QC inspector
o Company/Organization: Telsa Fremont Ca.
o Phone: 925-951-3275
o Email: [email protected]
o Project Details: Installation of switch gear and sub-stations

2. Nestor Linares
o Title/Position: Electrical Department Manager
o Company/Organization: Georgia Pacific gypsum.
o Phone: 925-234-3222
o Email: [email protected]
o Project Details: Electrical Work on ship dock and equipment

3. James Cortez
o Title/Position: Construction Manager
o Company/Organization: TriStrux
o Phone: 925-339-0939
o Email: [email protected]
o Project Details: Installation of power systems, underground work and tie-in to switch gears.

450

Hourly Rates for Personnel and Equipment

In compliance with prevailing wage laws, Lucas Electrical has outlined the hourly rates for personnel and equipment that would support the Port of Richmond over the contract term. These rates are based on current prevailing wage rates and are subject to adjustment in accordance with any future updates to these rates.

Personnel Rates

• Journeyman Electrician: $133.00 per hour
• Apprentice Electrician: $85.00 per hour
• Laborer: $85.00per hour
• Project Manager: $ 125.00 per hour
• Superintendent: $ 152.00 per hour

These rates include the cost of labor, benefits, and overhead, and are in line with the prevailing wage requirements established by the City of Richmond and applicable state and federal regulations. All personnel will be paid in accordance with the prevailing wage rates for the specific classification of work performed.

Annual Adjustments Clause
As prevailing wage rates are subject to periodic adjustments by regulatory authorities, Lucas Electrical reserves the right to modify the hourly rates outlined above to reflect any changes in prevailing wage requirements during the contract term. Any adjustments to rates will ensure compliance with updated regulations and will be communicated in writing to the Port of Richmond prior to implementation.

Equipment Rates
• Scissor Lift: $ 210 per day
• Boom Lift: $ 365 per day
• Generator (Portable 100 KVA): $ 5,638 Per Weekly
• Telehandler Forklift: $1,636 Per Weekly
• Forklift: $ 1,157 Per Weekly

Equipment rates include rental, maintenance, and associated operational costs and will be adjusted as necessary to reflect market rates for equipment used on the project.

Lucas Electrical will ensure all labor and equipment costs comply with the applicable prevailing wage requirements and will maintain accurate records for auditing purposes. Should the prevailing wage rates change during the term of the contract, we will adjust our rates accordingly to reflect those updates.

451
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.

b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

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

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

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.

a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

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

Charles Gerard
Charles Gerard
Lucas Electrical Inc.
452
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Charles Gerard
[email protected]
Lucas Electrical Inc.

Lucas Electrical Inc.
5402 Cherokee Way
Antioch, California 94531
[email protected]
Cesar Lucas
453
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

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

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.

b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.

d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:

a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).

b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

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

8. PERMITS AND LICENSES:

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

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

9. TERMINATION:

a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.

b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

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

11. HOLD HARMLESS:

a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.

b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Lucas Electrical Inc.
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.

f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”

g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:

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

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Lucas Electrical Inc.
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

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

14. INSURANCE:

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

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

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

2.52, 2.56, and 2.60, if applicable.

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

Lucas Electrical Inc.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.

d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

Lucas Electrical Inc.
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EXHIBIT E

SPECIAL CONDITIONS

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

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EXHIBIT F

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

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

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

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

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

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

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

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

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

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

SANCTUARY CITY COMPLIANCE STATEMENT

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

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

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CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Economic Development: Port
Charles Gerard
[email protected]
(510) 620-6792
9843
On Call Electrical Support
Nema Construction
555 Pierce st #1005
Albany, California 94706
Ali Farahani
(510) 525-2398
[email protected]
40048359
May 20, 2025
June 30, 2027
600,000.00
2024-2025
200,000.00
2025-2026
200,000.00
2026-2027
200,000.00
467

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

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

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

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

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

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)

By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________

I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)

By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G

Nema Construction
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EXHIBIT A

SERVICE PLAN

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

Nema Construction
469
555 Pierce St #1005, Albany, CA 94706
Tel: (510)525 2398 Fax: ( 510)525 2398 Email: [email protected]

Project: AS NEEDED ELECTRICAL
Contractor: Nema Construction
Years in business: 23-year
License #: B-C10 731870
Insurances: See attached
Bonding Company: Merchants Bonding Company
Bonding limit: 1.5M
Completed projects: See attached from project #1 to #15 Employee’s resumes: See attached
Hourly Billing Rates: See attached
Contract done under AS NEEDED ELECTRICAL for City of
Richmond: See attached.
12/10/2024
470
555 Pierce St #1005 Albany, CA 94706 Tel 510-525 2398 Fax 510-525 2304
[email protected]
1 Needed Electrical Services RFQ

Hourly Billing Rates:

1 - Project manager: $ 60.00

2 -Electrical Superintendent: 250.00 (Labor,Tools,Truck,Profit/Overhead).

3 -Electrician: 215.00 ……

4 -Technician: 170.00 …….

5 -Clerical: 40.00

Ali Farahani

Nema Construction

12/10/2024
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EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.

b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

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

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

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.

a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

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

Charles Gerard
Charles Gerard
Nema Construction
472
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Charles Gerard
[email protected]
Nema Construction
Nema Construction
555 Pierce st #1005
Albany, California 94706
[email protected]
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

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

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.

b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.

d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:

a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).

b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

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

8. PERMITS AND LICENSES:

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

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

9. TERMINATION:

a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.

b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

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

11. HOLD HARMLESS:

a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.

b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Nema Construction
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.

f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”

g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:

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

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Nema Construction
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

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

14. INSURANCE:

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

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

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

2.52, 2.56, and 2.60, if applicable.

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

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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.

d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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EXHIBIT E

SPECIAL CONDITIONS

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

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EXHIBIT F

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

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

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

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

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

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

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

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

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

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

SANCTUARY CITY COMPLIANCE STATEMENT

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

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

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CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Economic Development
Charles Gerard
[email protected]
(510) 620-6792
s
On Call Electrical Support
Tyler Parrish LLC
820 Sacramento Ave #123
West Sacramento, California 95605
Tyler Parrish
(916) 798-9079
[email protected]
May 20, 2025
June 30, 2027
600,000.00
2024-2025
200,000.00
2025-2026
200,000.00
2026-2027
200,000.00
487

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

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

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

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

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

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)

By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________

I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)

By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G

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EXHIBIT A

SERVICE PLAN

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

s
Tyler Parrish LLC
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1 \

C-10 CONTRACTOR

STATEMENT OF

QUALIFICATION
(916)798-9079
[email protected]
www.GFFCLLC.com

820 SACRAMENTO AVE #123
WEST SACRAMENTO, CA,95605

TYLER PARRISH, LLC

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CSLB# 1095926 / www.GFFCLLC.com / DIR#1000977726 / SB-PW#12031354 2 TYLER PARRISH, LLC BUSINESS & EXPERIENCE
Company Beginnings and Values
Tyler Parrish started this company in 2021, to start implementing his values for Customer service, dependable electrical system installations, and Fair upfront pricing.

We are a small family-owned business that only takes on selective projects throughout the year. We utilize our resources behind these selective projects to ensure they are on schedule with the guarantee of having qualified personnel on-site, high quality material and equipment, with professional management to assist in the building process. There are no loose promises when contracting with Tyler Parrish, LLC. Our word is our Bond. With our company values which can be seen in our logo is: {G.F.F.C.} GOD, Family, Freedom, Country. We create a work environment that each employee is proud to be part of and willing to go above and beyond with difficult construction schedules or installations to satisfy project deadline requirements in a safe manner.

Overview

Tyler Parrish, LLC is a Licensed Electrical C-10 contractor [CSLB #1095926].

Registered with the California SOS as a single member LLC [#202124210837]. The managing member tyler Parrish, has a 100% ownership of the company. Tyler Parrish is registered with the DIR# [1000977726] as a SB- PW #2031354. At Tyler Parrish LLC, we believe in providing an electrical service above and beyond what is required to make sure complex projects are delivered on time and above expectation. Tyler has 20 years in the electrical field with extensive experience in automation and Control wiring, Power Distribution installation and wiring, medium voltage splicing/ terminations, hot work, and troubleshooting in.
• Industrial facilities
• Water treatment plants
• Infrastructure sites (Substations)
• Co-generation plants
• Solar farms
• Wind Farms
• Commercial facilities

The projects Tyler has been the qualified Electrician in supervising the entire installation in the recent 10 years are,

1. Tesla 115KV Lathrop substation – 2014

2. Hood Milk 69 KV substation – 2014 -2015

3. Hood milk water retrieval system – 2015

4. JR Simplot Main power/ 4160V Upgrade – 2016 -2017

5. SMUD SCR boiler Installation (4160V service)– 2017

6. SMUD CVFA boiler installation (4160V service)– 2018

7. ERI water Desalination Plant (12KV service)– 2018 – 2019

8. Cache Creek 21 KV generator upgrade – 2019 - 2020

9. Cache Creek water treatment plant – 2019 – 2020

10. Yountville Va hospital Boiler/ Chiller/ 21 KV upgrade – 2021-2022 PUBLIC WORKS PROJECTS COMPLETED/ UNDERCONTRACT 2022 -2024 . • JAN-FEB 2023: Napa Juvenile Center Boiler rehabilitation • FEB/MAR 2023: Napa State Hospital Pump Station
• FEB 2023: Marysville Boiler replacement
• JUNE–SEPT ‘23: Anderson Biomass facility rehabilitation (12.4 KV Cogeneration) • OCT ‘23: CHP warehouse Battery center
• July ‘24: Linda County WWTP aeration Blower replacement 491

CSLB# 1095926 / www.GFFCLLC.com / DIR#1000977726 / SB-PW#12031354 3 • OCT ’24 – SACR-RT (BMF#2 ATS480C48Y replacement)
• OCT’24 – On-Call Electrical Services Placer County

MANPOWER QUALIFICATIONS

TYLER PARRISH, LLC HAS LISTED T HE SUPERVISING M ANPOWER INVOL VED IN T HE PROJECT WIT H T HEI R YEAR S OF EXPERIE NCE AND PR OJECT S COMPL ETED .

TOGET HER WE HAVE HAD COLL ECTIVE EX PERIENC E OF 1 24 Y E ARS. THE PERSONNE L LISTED BEL OW HAVE ALL WO RKED T OG ET HER BET WE EN 8 AND 10 YE ARS . WE UTILIZE

EAC H OT HER S FIELD EXPERIE NCE T O DEL IVER COST EFFECTIVE, PR AGM ATIC, ON -

TIME, AND RELI ABLE ELECTRICAL I NST AL LATION Y OU WILL BE ABLE T O COUNT ON FOR THE DEC ADES T O COM E. HER E AT T YLER PARRISH, L LC, THERE IS NO SEPERATI ON BET WE EN OFFICE AND FIEL D STAF F. WE C HOOSE TO F OCUS ON A SELECT FE W PROJ E CTS EVERY YEAR . T HE ONWER WILL BE ON -SITE I NVOL VED WI TH

EVERY PR OJECT ,

TYLER PARRISH
POSITION: ON-SITE SUPER-INTENDANT/ (MANAGING MEMBER)
EXPERIENCE: 20 YEARS IN ELECTRICAL FIELD AS JOURNEYMEN. FOREMAN, SUPER -INTENDANT, AND IS THE MANAGING MEMBER TYLER PARRISH, LLC.

JOSEPH THEIS
POSITION: PROJECT MANAGER
EXPERIENCE: 47 YEARS IN ELECTRICAL FIELD AS JOURNEYMAN, LICENSED C -10 OWNER, PROJECT

MANAGER, ESTIMATOR, AND DISTRICT MANAGER
PROJECT: JR SIMPLOT, SMUD SCR, FED EX CONVEYOR UPGRADE, CACHE CREEK 21 KV

GENE BARR
POSITION: LEADMAN
EXPERIENCE: 35 YEARS IN ELECTRICAL FIELD AS JOURNEYMEN. FOREMAN. 1 ST SHIFT PROJECTS COMPLETED: SMUD SCR, SMUD CVFA, HOOD MILK WATER RETRIVAL, ERI WATER, CACHE CREEK 21 KV UPGRADE, JR SIMPLOT, YOUNTVILLE VA HOSPITAL MAIN POINT OF

CONTACT
NAME: TYLER PARRISH POSITION: MANAGING MEMBER
PHONE# (916)798 -9079 EMAIL; [email protected]
SAM UEI: YMARYFTH4HS7 CAGE: 9QP58

SUB-CONTRACTORS
DUE T O C OMM ON INDUSTRI AL ST AND AR DS OF HAVI NG 3 RD PARTY ACCEPT ANCE

TE STING TO V ERIFY WOR K INST ALL ED BY TYLER PARRISH LLC THAT MEE TS NETA STAN DARD S. WE C ONTRACT T HIS PORTI ON OF WORK F OR E QUIPMENT BE ING REPAIR ED , NEW E QUITPMENT I NST ALLE D.
3 RD PARTY ACCEPT ANCE SUB C ONT ACT OR LIST :

1. APPAR AT US TE STING

2. RESA POWER

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CSLB# 1095926 / www.GFFCLLC.com / DIR#1000977726 / SB-PW#12031354 4 INSURANCE

TYLER PARRISH LLC HAS RE VIE WE D THE REQUIR EMENTS F OR THE NECE SSARY

INSUR ANCE C OVER AGES A ND V ERIFY S T HAT ALL NE EDED COV ERAG ES ARE

CURRENTL Y IN PLAC E AND THE NECESSARY WAIVER AN D E N D ORSE MENT S CAN BE

PROVIDED IN T HE TI ME FRAM E AL LOC AT ED

1. GENERR AL LI ABILITY - $2 MIL PER / $5 MI L AG GREG ATE

2. AUT O LI ABLIITY - $1 MIL

3. WOR KERS C OM P - $ 1 MIL

RATES OF PERSONNEL / EQ UIPM EN T

THE M ANPOWER RAT ES BEL OW INCLUD E PW HOURL Y RAT E , T RAVEL & SU BSISTE NCE ,

EMPL OYER T AXE S, INSUR ANCE P REMI UMS, BOND PREMI UM, EM PLOY ER T AXES , AND OVER HE AD & PROFIT . EQUIPM ENT R ATE S ARE AT A DAILY R ATE , TO INC UDE MAINTE NCE AND CE RTIFICATION.

1. FORM AN / SUPERVI SOR – REG UL AR / $175.00 OVERTIME / $2 25. 00

2. PROJECT MANAGEM ENT – $1 20.00

3. JOU R NEYM AN ELECT RICIAN – REG UL AR /$165.0 0 OVERTIME / $215. 00

4. SPLICER – RE GULAR / $ 210.0 0 OVERTIME / $31 5. 00

5. APPRENTICE – RE G ULAR / $1 40 .00 OVERTIME / $18 5. 00

6. COMPANY VE HICLE S - $9 5 .0 0 PER DAY

7. 19 FT SCISSOR LIFT - $ 45 0.0 0 PER DAY

8. HOT SUIT - $40 PER DAY

9. 35 KV PHASING /V OL TMETER - $80 PER D AY
1 0. 40 KV VLF MAC HIN E - $ 30 0 PER DAY
1 1. 5 KV ME GER - $40 A DAY
1 2. MATERI AL – INV OICE + 20%
1 3. TESTING CONTR ACT OR – DUE TO SCOPE OF WORK UNK NOWN. IT WILL SUB - CONTR ACTOR QUOT E + 10%

REFRENCES

1. JOE THEIS – ALPINE ELECTRIC
TELEP HONE # - (916)997 -1293 / EMAIL – ALPINEJOE [email protected]

2. ROJER JAMES – BAYVIEW ENGINEERING & CONSTRUCTION
TELEPHONE # - (530)306 -2608 / E MAIL – RJAMES @BAYVIEWECCI.COM

3. REYNEL LUCERO – SACRAMENTO REG IONAL TRANSIT
TELEPHONE # - (916)869 – 6739 / EMAIL – RLU [email protected] 493

CSLB# 1095926 / www.GFFCLLC.com / DIR#1000977726 / SB-PW#12031354 5 STATE MENT OF COMPLIANCE

TYLE R PARRISH LLC UNDERSTANDS THAT IN S UBMITTING THIS PROPOSAL. WE ARE AGREEING TO COMPLY WITH CITY ORDINANCES LISTED , WHICH INCLUDE:

1. RICHMOND ORDINACE NO.16 -12

2. ORDINACE N O. 15 -10 NS LOCAL EMPLOYEMENT

3. PAYING PREVAILING WAGES

4. RICHMOND CONSTRUCTION AGRREEMENT

5. PROVIDE PAYMENT AND PERFORMANCE BOND IN THE AMOUNT OF $200,000.00 DOLLA RS

6. PROVIDE 1 YEAR WARRANTY ON PARTS & LABOR

7. PROVIDE INSURANCE WITHIN (15) DAYS

8. OBTAIN RICHMON BUSINESS LICENSE

9. ORDINACE NO. 12 -18

10. RESOL UTION 86 -21

CLOSING REMARKS

TYLER PARRISH LLC WOULD LIKE TO THA NK YOU FOR THIS

OPPORTUNITY , WE TAKE PRIDE IN ASSITING FACILITIES THAT ARE THE BACKBONE OF THE WORLD INFRASTRUCTURE . TO ASSIST IN KEEPING THE FACILITIES OPERATION TO DELIVER GOODS FROM ACROSS THE WORLD. WE

AR E A SMALL CONTRACTOR WITH STRONG KNOWLEDGE AND CAPABILITY TO

ASSI ST THE PORT OF RICHMOND IN THEIR PROPOSAL NEEDS, DUE TO OUR

SKILLED MANPOWER, LICENSES , INSURANCE, EQUIPM ENT, AND SUB - CONTRACTOR RELATIONSH IPS. WE LOOK FORWARD TO WORKING WITH YOU FOR THIS PROJECT AND MAN Y MORE IJN THE FUTURE.
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EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.

b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

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

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

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.

a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

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

Charles Gerard
Charles Gerard
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Charles Gerard
[email protected]
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Tyler Parrish LLC
Tyler Parrish LLC
820 Sacramento Ave #123
West Sacramento, California 95605
[email protected]
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

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

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.

b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.

d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:

a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).

b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

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

8. PERMITS AND LICENSES:

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

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

9. TERMINATION:

a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.

b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

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

11. HOLD HARMLESS:

a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.

b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for s
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.

f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”

g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:

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

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable s
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

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

14. INSURANCE:

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

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

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

2.52, 2.56, and 2.60, if applicable.

b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.

d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

SPECIAL CONDITIONS

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

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EXHIBIT F

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

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

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

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

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

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

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

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

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

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

SANCTUARY CITY COMPLIANCE STATEMENT

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

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:
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