Agenda — Richmond City Council, September 16, 2025 (part 1 of 4)

PLEASE NOTE: HYBRID MEETING FORMAT

- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, September 16, 2025, 5:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:

Eduardo Martinez, Mayor at Large
Jamelia Brown, Councilmember District 1
Cesar Zepeda, Vice Mayor, District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Sue Wilson, Councilmember District 5
Claudia Jimenez, Councilmember District 6
NOTICE: MASKS ARE STRONGLY ENCOURAGED!!

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http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings

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In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

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**The mayor will announce the agenda item number and open public comment when appropriate.

Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

2 Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

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Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number].

Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31

The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).

Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.

The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service 3 or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).

Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.

Pages
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 5:00 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 AUDIT BY CALIFORNIA STATE AUDITOR’S OFFICE (Government Code Section 54956.75)
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor, Jack Hughes, Lisa Charbonneau
•
Employee organizations:

SEIU Local 1021 Full Time Unit and Part Time Unit1.

IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units

2. Richmond Police Officers Association RPOA3.

Richmond Police Management Association RPMA4.

IAFF Local 1885.

Richmond Fire Management Association RFMA6.

C.3 LIABILITY CLAIMS (Government Code Section 54956.9)
Claimant: Elisa Montano and Jose Magallan
Agency Claimed Against: City of Richmond
•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
N. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
N.1 City Clerk's Office
N.1.a Approve a Contract Amendment with Carahsoft/DocuSign for E- Signature and Contract Routing Solutions
11 APPROVE contract amendment with Carahsoft/DocuSign
piggybacking on CMAS contract #3-20-70-2247G between the State of California and Carahsoft/DocuSign for the term of September 30, 2025, through September 29, 2026, in an amount not to exceed $15,170.70, for e-signature solution - City Clerk's Office (Pamela Christian 510-620-6513).

N.2 Community Development
N.2.a Contract Amendment No. 1 with Hillmann Development Advisors,

LLC (HDA)
49 APPROVE a contract amendment no. 1 with Hillmann Development Advisors, LLC (HDA), increasing the contract amount by $160,000, for a total contract amount not to exceed $169,500, to continue providing Owner's Representation oversight of the City’s Homekey Project, located at 425 24th Street, during the Construction and Post- Construction phases, for a term ending December 31, 2026 – Community Development Department (Lina Velasco/Jesus Morales 510-620-6706).
6 N.2.b PermiTech Solutions Contract Amendment No. 1 139 APPROVE a contract amendment no. 1 with PermiTech Solutions Corporation to add an additional $140,000, for a total contract amount not to exceed $149,900, for a term ending on June 30, 2026, with two, one-year, $150,000 extension options (totaling $449,900 over a three-year term if options are exercised), to provide on-call wireless permit application review and support to be paid using applicant fees – Community Development Department (Lina Velasco/Avery Stark 510-620-6714).

N.3 Economic Development
N.3.a Port Amendments to the Federal Maritime Commission (FMC) Tariff No. 3 for Environmental Compliance and Fees
188
ADOPT a resolution to amend the Port of Richmond Federal Maritime Commission (FCM) Tariff No. 3 to increase rates on selected items, add necessary environmental compliance language, and establish new California Resource Board (CARB) at-berth regulation fees – Economic Development Department (Charles Gerard 510-620 6792).

N.4 Finance Department
N.4.a Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the Month of July 2025 334
RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the month of July 2025 – Finance Department (Emily Combs 510-620-6740).

N.5 Mayor's Office
N.5.a Correction to Term Expiration Date for Historic Preservation Commissioner Caitlin Hibma
364
AMEND the expiration date for Caitlin Hibma’s current term to the Historic Preservation Commission, from November 31, 2029, to the correct date of July 31, 2029 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.5.b Appointment of David Robinson to the Economic Development Commission
365
APPOINT David Robinson to the Economic Development
Commission with a term that expires on March 30, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.6 Police Department
N.6.a Crime Report from Police Chief
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).
7 N.7 Public Works
N.7.a Approval of License Agreement with the East Bay Regional Park District for the Point Molate Bay Trail Project
367
ADOPT a resolution and AUTHORIZE the city manager or their designee to execute a 25-Year License Agreement with the East Bay Regional Park District (EBRPD) granting permission to use a twenty- foot-wide portion of the surface of the property for multi-use trail purposes – Public Works Department (Darcie DeLashmutt 510-672- 3944/Robert Armijo 510-620-5477).

N.7.b Contract with R&S Doors and Gates for Commercial Roll Up Door and Automatic Gate Repair Services
384
ADOPT a resolution and APPROVE a contract with R&S Doors and Gates of Richmond, Inc., for commercial roll up door and automatic gate repair services, for a three-year term in a not-to-exceed amount of $225,000, with two one-year extension options in a not-to-exceed amount of $75,000 per year; and AUTHORIZE the city manager or their designee to execute the contract and any necessary amendments – Public Works Department (Daniel Chavarria 510-620- 5478/Darin Fitzpatrick 510-231-3044).

N.7.c Contract with San Francisco Elevator Services, LLC for As-Needed Elevator Maintenance, Service, and Repairs.
427
ADOPT a resolution approving a contract with San Francisco Elevator Services, LLC, for elevator maintenance, service, and repairs for a three-year term, in a total not-to-exceed amount of $225,000, with the option to extend for up to two additional one-year terms in a total not-to-exceed amount of $150,000, and AUTHORIZE the city manager or their designee to execute the contract and any necessary amendments – Public Works Department (Daniel
Chavarria/Darin Fitzpatrick/Will Santana 510-231-3008).

N.7.d Accept Grant Funds and Contract with CSW-ST2 for Engineering and Design Services for the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project
467
ADOPT a resolution to: (1) ACCEPT and APPROPRIATE Housing Incentive Pool (HIP) grant funding in the amount of $1,078,000 for the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project; and (2) to APPROVE a contract with CSW-ST2 for engineering and design services for the Downtown Point Richmond Bicycle and Pedestrian Connectivity Project in a not-to-exceed amount of $254,665; and (3) AUTHORIZE the director of Public Works, or their designee, to approve any change orders or amendments, if necessary, in an amount not-to-exceed $38,335, with a term beginning upon execution and ending December 31, 2027 – Public Works Department (Janney Lockman 510-307-8097/Robert Armijo 510-620-5477).
8 N.7.e Contract with Earth Island Institute for a Supplemental Environmental Project to Promote Awareness of Environmental Quality
517
ADOPT a resolution to APPROVE a contract in the amount of $168,000 with Earth Island Institute (Kids for the Bay) to implement a Supplemental Environmental Project (SEP) that raises awareness of water quality and non-point source pollution, pursuant to Water Board Order No. R2-2025-1019 and AUTHORIZING the city manager or designee to execute the contract - Public Works Department (Mary Phelps 510-621-1269/Robert Armijo 510-620-5477).

N.7.f Accept the Cutting, Hoffman, and Harbour Way South Cycletrack Project by W.R. Forde as Complete
594
ADOPT a resolution accepting the ATP Quick Build – Cutting, Hoffman, and Harbour Way South Cycletrack Project as complete, AUTHORIZE the city clerk to record the Notice of Completion with the Contra Costa County Recorder, and AUTHORIZE the release of the contractor’s bonds and retention payment – Public Works Department (Dan Santos 510-620-6645/Robert Armijo 510-620- 5477).

O. NEW BUSINESS
O.1 League of California Cities Designation of Voting Delegates and Alternates 620 DESIGNATE a voting delegate and alternate to represent the City of Richmond at the Annual Business Meeting of the League of California Cities’ 2025 Annual Conference and Expo, to be held in Long Beach at the Long Beach Convention Center, Wednesday, October 8 through Friday, October 10, 2025 – City Clerk’s Office (Pamela Christian 510-620-6513).

O.2 Presentation of Draft Land Plan for the Hilltop Horizon Specific Plan 626 RECEIVE a presentation on the Draft Land Plan Concept (Attachment 2) to be used as the basis for the preparation of the Draft Hilltop Horizon Specific Plan; and PROVIDE feedback on the Focus Questions - Community Development Department (Lina Velasco/Avery Stark/Michele Morris 510-620-6841).

O.3 Communication to the public and counseling for families and witnesses of officer involved shootings or an in-custody death
658
DIRECT the city manager to develop a plan to (1) revise the current communication protocol after an officer involved shooting or an in-custody death, (2) modify guidelines for released officer body-cam footage, and (3) issue a Request for Proposal (RFP) to provide counseling and therapeutic services for families and witnesses directly affected by officer-involved shootings or in-custody deaths - Councilmember Sue Wilson (510-609-2111) and Councilmember Claudia Jimenez (510-620-6743).

P. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) Q. ADJOURNMENT
9 ________________________
10

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(September 16, 2025)

City Clerk's Office

DATE: September 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Pamela Christian, City Clerk

Subject:

Approve a Contract Amendment with
Carahsoft/DocuSign for E-Signature and Contract
Routing Solutions
FINANCIAL IMPACT: The proposed $15,171 expenditure is included within the approved fiscal year 2025-2026 budget, City Clerk
Administration (Account String: 01141013 – 400209).

PREVIOUS COUNCIL
ACTION:

September 30, 2021

STATEMENT OF THE
ISSUE:

The City of Richmond is currently using DocuSign as its electronic signature solution. The request is for a one- year extension.

RECOMMENDED ACTION:

APPROVE contract amendment with
Carahsoft/DocuSign piggybacking on CMAS contract #3-
20-70-2247G between the State of California and
Carahsoft/DocuSign for the term of September 30, 2025,
through September 29, 2026, in an amount not to exceed
$15,170.70, for e-signature solution - City Clerk's Office (Pamela Christian 510-620-6513).

AGENDA
REPORT
11

Page 2 of 2 ends

(September 16, 2025)

DISCUSSION:

The City of Richmond is “piggybacking” on the State of California’s award to Carahsoft/DocuSign based on competitive solicitation with California Multiple Award Schedule (CMAS) contract#3-20-70-2247G. CMAS contracts are established through a competitive bid process conducted by the State of California. Because of this, all pricing, products and/or services offered must have been previously bid and awarded on a Federal General Service Administration (GSA) schedule. Our CMAS contract is based on Carahsoft GSA Schedule 47QSWA18D008F. Without having to go to bid, an agency may request a copy of the CMAS contract from Carahsoft. The cost of these services is based on an allotted amount of envelopes processed. The benefits of using DocuSign include sending and signing agreements securely from virtually any device.

DocuSign signature eliminates manual tasks, increases convenience for both customers and employees, and improves employee productivity.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Contract Amendment – 9-30-25 to 9-29-26
Attachment 3 – Carahsoft DocuSign Quote #58166470
Attachment 4 – CMAS Contract #3-20-70-2247G
12 13
14 15
16 17
18 19

DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT

The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract A mendment are the City of Richmond, a public body corporate and politic, 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. Purpose. This Contract Amendment is being entered into t o amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

City Council Approval Date/City
Manager Execution Date: ____________________________
Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.

3. Contract Provisions. The parties hereto agr ee to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department:

City Project Manager:

City Project Manager E-mail:

City Project Manager Phone No:

Vendor No:

Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

City Clerk's Office
Ursula De Loa
[email protected]
(510) 621-1257
14712
7200
eSignature processing solution
5 DocuSign Government at Carahsoft
11493 Sunset Hills Road, Suite 100
Reston, Virginia 20190
Meagan Phillips
(703) 581-6727
[email protected]
September 16, 2025
09/30/2025
09/29/2026
$15,170.70
20 DocID #34720v1 Modified January 14, 2025

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Contract.

5. Cit
y of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insur
ance Coverage Updated and Maintained. Pursuant to the Contract, th e Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Author
ity; Counterparts; Signatures. Each of the signatories her eto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.

CIT

Y OF RICHMOND,
a municipal corp
oration
By: _______________________________
_
Tit
le: ______________________________
Dat
e Signed: ________________________
I he
reby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.

By: ________________
_______________
City Clerk
Appr
oved as to form:

By: _______________________________

City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
DocuSign Government at Carahsoft
21 DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by
City Council or executed by the City Manager on
_________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved
by City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved
by City Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by Cit
y Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to ex ceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved b
y City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
September 14, 2021
14,490
28,980.00
September 29, 2023
September 14, 2021
14,490
43,470.00
September 29, 2024
September 24, 2024
15,170.70
58,640.70
September 29, 2025
September 16, 2025
15,170.70
73,811.40
September 29, 2026
22 DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) September 30, 2025
September 29, 2026
15,170.70
73,811.40
■
Extends the contract for an additional year.

Scope and services remain the same.

Piggyback with the contract between the Stae of California and Carahsoft (CMASD008F)
The contract number is 3-20-70-2247G
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Page 1 of 3 ends

September 16, 2025

Community Development

DATE: September 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager

Subject:

Contract Amendment No. 1 with Hillmann Development
Advisors, LLC (HDA)
FINANCIAL IMPACT: The proposed $160,000 expenditure is included within the approved fiscal year 2025-2026 budget, Housing
Fund, Successor Housing Agency (Account String:
12831063 - 400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Community Development Department is seeking
approval of a contract amendment No. 1 with Hillmann
Development Advisors, LLC (HDA) to increase the
contract amount by $160,000 to provide Owner's
Representation oversight of the City’s Homekey Project, located at 425 24th Street, during the Construction and Post-Construction phases of the project.

RECOMMENDED ACTION:

APPROVE a contract amendment no. 1 with Hillmann
Development Advisors, LLC (HDA), increasing the
contract amount by $160,000, for a total contract amount not to exceed $169,500, to continue providing Owner's
Representation oversight of the City’s Homekey Project, located at 425 24th Street, during the Construction and Post-Construction phases, for a term ending December
31, 2026 – Community Development Department (Lina
Velasco/Jesus Morales 510-620-6706).

AGENDA
REPORT
49

Page 2 of 3 ends

September 16, 2025
DISCUSSION:

The City of Richmond, in partnership with 425 Civic Center LP, is converting the former Motel 6 at 425 24th Street into the “Civic Center Apartments,” comprising 48 studio units plus a manager’s unit, through California’s Homekey program for the chronically homeless. In mid-August 2024, Richmond was awarded approximately $14.5 million in Homekey funding for this acquisition and rehabilitation project—comprised of about $12 million in capital costs and $2.4 million in operating funds. The City is using these state funds in combination with Community Development Block Grant (CDBG) funds from Contra Costa County (~$1 Million) and contributions from the City itself (~$8.3 Million).

The City entered into an agreement with Hillmann Development Advisors, LLC (HDA) to provide Owner’s Representation services for the City’s Homekey Project at 425 24th Street. HDA is responsible for coordinating with the development team, reviewing project documents, monitoring compliance with funding requirements, and protecting the City’s interests throughout the construction and post-construction phases. With construction now commencing, this contract amendment is needed for continued Owner’s Representation to ensure that the project is delivered on schedule, within budget, and in accordance with all regulatory and funding requirements.

Amendment No. 1 will authorize an increase of $160,000 to HDA’s existing contract to extend their services into the Construction and Post-Construction phases of the project.

This scope includes oversight of construction progress, review of payment draws, and change orders, coordination with the contractor and design professionals, and verification of project close-out deliverables. HDA’s expertise will provide critical support in addressing issues that may arise during construction, while also ensuring accountability and quality control on behalf of the City.

These services are necessary given the complexity and scale of the City’s Homekey Project, as well as the significant public funding commitments associated with its delivery. Expanding HDA’s scope through this amendment will provide the City with consistent, professional representation through project completion, safeguarding the City’s investment and ensuring successful delivery of this much-needed permanent supportive housing development. City staff therefore recommends approval of contract amendment No. 1 with Hillmann Development Advisors, LLC.

SYNERGISTIC POLICIES:

Goal 2 of the Homelessness Strategic Plan is a synergistic policy related to this contract amendment and the City’s Homekey Project. Specifically, Goal 2 is to “Create Temporary Supportive Housing and Expand Permanent Supportive & Affordable Housing”. This policy directly complements the Homekey Project’s mission of converting the former Motel 6 into 48 studio units plus a manager unit, providing permanent supportive affordable housing for individuals experiencing chronic homelessness. The Homekey Project operationalizes this goal by bringing permanent units online quickly through adaptive reuse. The contract amendment to add $160,000 for extended 50

Page 3 of 3 ends

September 16, 2025
oversight ensures that the City’s investment is protected and that quality and compliance are maintained during both construction and post-construction phases.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment No. 1
Attachment 2 – Executed Contract
51 DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT

The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract A mendment are the City of Richmond, a public body corporate and politic, and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

2. Purpose. This Contract Amendment is being entered into t o amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

Department:

City Project Manager:

City Project Manager E-mail:

City Project Manager Phone No:

Vendor No:

Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

Community Development
Lina Velasco
[email protected]
510-620-6706
17136
7538
Hillmann Development Advisors (HDA) will provide Owner's Representation oversight during the Construction and Post-Construction phases of the Homekey Project located at 425 24th Street, acting in the Owner's interest and providing added value and costs savings.
1 Hillmann Development Advisors, LLC (HDA)
1600 Route 22 East, Suite 107
Union, New Jersey 07083
John Lauretta | President
908-688-7800
[email protected]
August 27, 2025
August 1, 2025
December 31, 2026
$9,500.00
52 DocID #34720v1 Modified January 14, 2025

5. Cit
y of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

CIT

By: ________________
_______________
City Clerk
Appr
oved as to form:

By: _______________________________

City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
Hillmann Development Advisors, LLC (HDA)
53 DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved
by City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved
by City Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by Cit
y Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to ex ceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved b
y City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■
160,000
169,500.00
55 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
56 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

57 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

58 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
7/31/2025
(732) 588-1106(732) 530-422000000Hillmann Consulting LLC1600 Route 22 East, Suite 107Union, NJ 070834184037257 A 1,000,000XXENVP0000276-2412/18/202412/18/20251,000,000Contractual Liab.25,0001,000,0002,000,0002,000,0001,000,000B XXAWYJ25515512/18/202412/18/202515,000,000A XXENVX0000227-2412/18/202412/18/202515,000,0000C X20200152412/18/202412/18/20251,000,000N 1,000,0001,000,000AProfessional LiabENVP0000276-2412/18/2024Each Occurrence1,000,000APollution LiabilityENVP0000276-2412/18/202412/18/2025Each Occurrence1,000,000NAIC NUMBER FOR LLOYD'S POLICY: AA-1122000General Liability and Contractors Pollution Liability- Occurrence FormProfessional Liability and Site Pollution-Claims Made FormAggregate Limit for Professional Liaility and Contractors Pollution Liability is $2,000,000The following entities are included as additional insured(s) where the above box is checked per attached endorsement(s) on the General Liability [GAP 10 05SEE ATTACHED ACORD 101 City of Richmond450 Civic Center Plaza, 2nd FloorRichmond, CA 94804 HILLGRO-02SGRASSI
Alliant Insurance Services, Inc.331 Newman Springs Rd Ste 314Red Bank, NJ 07701John [email protected] at Lloyd's (Lloyd's of London)Allmerica Financial Benefit Insurance CompanyPraetorian Insurance Company X12/18/2025

X XXXXXXX
59 FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:LOC #:

AGENCY NAMED INSUREDPOLICY NUMBERCARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.

Alliant Insurance Services, Inc.

HILLGRO-02
SEE PAGE 1
1 SEE PAGE 1ACORD 25Certificate of Liability Insurance
1 SEE P 1Hillmann Consulting LLC1600 Route 22 East, Suite 107Union, NJ 07083SEE PAGE 1 SGRASSI1
Description of Operations/Locations/Vehicles:7/1/2019; GAP 10 28 7/1/2019]; Auto Liability [461-0478 12 12]; Excess Liability [Endorsement #10, Form #Manuscript] when required by written contract or agreement, fully executed prior to the Named Insured’s Work. Waiver of subrogation applies to those policies where the above box is checked per [GAP 10 30 4/1/2016; 461-0155 (9-97); WC 00 03 13 (4-84); CAPE PL 01 6/1/2016]. Primary & Non-Contributory on General Liability (GAP 10 05 7/1/2019); Auto Liability (461-0478 12 12) and Excess Liability (Endorsement #10, Form #Manuscript). Notice of Cancellation applies per the attached endorsement [GAP 10 07 6/1/2016].The entities are: The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured. 60 ENVP0000276-24
61 ENVP0000276-24
62 63
ENVP0000276-24
64 ENVP0000276-24
65 ENVP0000276-24
66 461-0478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

A. The following is added to SECTION II –
LIABILITY COVERAGE, Paragraph A.1. Who Is
An Insured:

Additional Insured if Required by Contract
If you agree in a written contract, written
agreement or written permit t hat a person or
organization be added as an additional “insured”
under this Coverage Part , such person or
organization is an “insured” ; but only to the extent
that such person or organization qualifies as an
“insured” under paragraph A.1.c. of this Section.

If you agree in a written contract, written
agreement or written permit that a person or
organization b e added as an additional “insured”
under this Coverage Part, the most we will pay on
behalf of such additional “insured” is the lesser of:
(1) The L imits of Insurance for liability coverage
specified in the written contract, written
agreement or written permit; or
(2) The Limits of Insurance for Liability Coverage
shown in the Declarations applicable to this
Coverage Part.

Such amount shall be part of and not in addition to
the Limits of Insurance shown in the Declarations
applicable to this Coverage Part . Regardless of
the number of covered "autos", "insureds",
premiums paid, claims made or vehicles involved
in the "accident", the most we will pay for the total
of all damages and "covered pollution cost or
expense" combined resulting from any one
"accident" is the Limit of Insurance for Liability
Coverage shown in the Declarations.

B. The following is added to SECTION IV –
BUSINESS AUTO CONDITIONS , Paragraph B.

General Conditions, subparagraph 5. Other
Insurance:

Primary and Non-Contributory

If you agree in a written contract, written
agreement or written permit t hat the insurance
provided to a person or organization who qualifies
as an additional “insured” under SECTION II –
LIABILITY COVERAGE, Paragraph A.1. Who Is
An Insured, subparagraph Additional Insured if
Required by Contract is primary and non -
contributory, the following applies:

The liability coverage provided by this Coverage
Part is primary to any other insurance available to
the additional “insured” as a Named Insured. W e
will not seek contribution from any other insurance
available to the additional “insured” except:
(1) For the sole negligence of the additional
“insured”; or
(2) For negligence arising out of the ownership,
maintenance or use of any “auto” not owned
by the additional “insured” or by you , unless
that “auto” is a “trailer” connected to an “auto”
owned by the additional “insured” or by you; or
(3) When the additional “insured” is also an
additional “insured” under another liability
policy.

C. This endorsement will apply only if the “accident”
occurs:

1. During the policy period;

2. Subsequent to the execution of t he written
contract or written agreement or the issuance
of the written permit; and

3. Prior to the expiration of the period of time that
the written contract , written agreement or
written permit requires such insura nce to be
provided to the additional “insured”.

D. Coverage provided to an additional “insured” will
not be broader than covera ge provided to any
other “insured” under this Coverage Part.

ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.

Page 1 of 1 ends

67 68
69 70
71 72
73 74
ENVX0000227-24
75 76
77 78
79 80
ENVX0000227-24
81 82
Endorsement Title
Waiver of Subrogation Specific Entity Condition Amendatory Endorsement Named Insured
Hillmann Consulting, LLC
Endorsement Number
012
Policy Form
CAPE
Policy Number
ENVX0000227-24
Policy Period
12/18/2024 to 12/18/2025
Enviant Endorsement Number
Manuscript
Issued by
Certain Underwriters at Lloyd’s, London/ Hudson Excess Insurance Company Effective Date of Endorsement
03/31/2025

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF SUBROGATION SPECIFIC ENTITY CONDITION AMENDATORY ENDORSEMENT

It is hereby agreed that:

1. That SECTION V. CONDITIONS is amended by the addition of the following:

Subrogation
If the insu red has rights to recover all or part of any payment we have made under this Policy, those rights are transf erred to us an d the insured shall not do anything to impair such rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. Any amounts so recovered by us shall be allocated first to the expenses incurred i n such recovery prorated in accordance with each interested party's share in the total recovery, then to the insured to the extent of any Deductible it actually has paid and any payments it actually has made in excess of the applicable Limits of Liability, and last to u s to the extent of our payment under this Policy. However, if the insured has waived rights of recovery against the scheduled person or organization in a written insured contract prior to a claim or loss, we also waive such right of recovery we may have under this Policy against such person or organization.

2. The prefatory language in SECTION VI. DEFINTIONS is amended by the addition of the following:

Any bolded/ defined terms which are not defined in this Policy shall have the same meaning provided to such term in the controlling underlying insurance.

Scheduled Person or Organization

Where required by written insured contract

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

83 Endorsement Title
Additional Insured – Owners, Lessees or Contractors – Completed Operations Amendatory Endorsement
Named Insured
Hillmann Consulting, LLC
Endorsement Number
079
Policy Form

GAPLESS
Policy Number
ENVP0000276-24
Policy Period
12/18/2024 to 12/18/2025
Enviant Endorsement Number
GAP 10 04 6/1/2020
Issued by
Certain Underwriters at Lloyd’s, London/ Hudson Excess Insurance Company Effective Date of Endorsement
07/31/2025

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS

AMENDATORY ENDORSEMENT

Solely with respect to §I. COVERAGES , Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY and Section 2. OTHER LIABILITY COVERAGES ., Coverage 2A. Personal and Advertising Injury and Coverage 2C. Employee Benefits Administration Liability of the Policy is amended as follows:

SCHEDULE
Name of Additional Insured Person(s) or
Organization(s) Location and Description of Completed Operations City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
Where required by written insured contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Where required by written insured contract, §III. WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, environmental damage or personal and advertising injury caused, in whole or in part, by your work at the location designated and described in the schedule of this endorsement performed for that additional insured and that is included in the products-completed operations hazard.

2. Notwithstanding §VI. CONDITIONS , Paragraph I. Other Insurance , with respect to the insurance afforded to the additional insureds added by this Endorsement, this Policy shall be primary to, and non - contributory with, any other insurance available to that person or organization when required by written insured contract.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 84 Endorsement Title
Additional Insured – Designated Person or Organization Endorsement Named Insured
Hillmann Consulting, LLC
Endorsement Number
078
Policy Form

GAPLESS
Policy Number
ENVP0000276-24
Policy Period
12/18/2024 to 12/18/2025
Enviant Endorsement Number
Manuscript
Issued by
Certain Underwriters at Lloyd’s, London/ Hudson Excess Insurance Company Effective Date of Endorsement
07/31/2025

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED –DESIGNATED PERSON OR ORGANIZATION ENDORSEMENT It is hereby agreed that s olely with respect to §I. COVERAGES , Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY and Section 2. OTHER LIABILITY COVERAGES, Coverage 2 A.

Personal and Advertising Injury the Policy is amended as follows:

A. Where required by written insured contract, §III. WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, environmental damage or personal and advertising injury caused, in whole or in part, by:

1. Your acts or omissions, or

2. The acts or omissions of those acting on your behalf;

in the performance of your ongoing op erations or in connection with your premises owned by you or rented to you.

Additional Insured Schedule

City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

85 86

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Community Development
Lina Velasco
[email protected]
(510) 620-6706
17136
7538
Hillmann Development Advisors (HDA) will provide Owner's Representation oversight during the Construction and Post-Construction phases of the Homekey Project located at 425 24th Street, acting in the Owner's interest and providing added value and costs savings.

Hillmann Development Advisors, LLC (HDA)
1600 Route 22 East, Suite 107
Union, New Jersey 07083
John Lauretta | President
(908) 688-7800
[email protected]
N / A
August 1, 2025
December 31, 2026
9,500.00
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA26001687

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:

Hillmann Development Advisors, LLC (HDA)
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 President
8/15/2025
Contract Administrator
8/19/2025
8/27/2025
City Manager
88 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]:

Hillmann Development Advisors, LLC (HDA)
7538

See Exhibit A for Scope of Work:

Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 89 Issue Date: July 25, 2025
EXHIBIT "A"
SCOPE OF WORK:

Owner’s Representation Scope of Services:

Hillmann Development Advisors (HDA) oversees the Construction and Post -Construction phases of a Project, acting in the Owner’s interest and providing added value and cost savings. • Collaborate with the Owner to manage the budget structure for hard and soft costs for the project. • Prepare and maintain a development budget identifying anticipated costs, indirect and general contracting costs, as well as recommended contingencies and allowances. • Prepare and maintain a development project schedule that outlines all phases of construction and close-out activities.
• Review and incorporate all operational requirements of the Owner needed to prepare accurate general condition and schedule expectations.
• Review and comment on project cash flow for construction and close-out phases. • Review and comment on project requisitions.
• Provide a monthly report, inclusive of the development budget, development schedule, and the monthly requisition.

Construction Phase - Consulting Services:

Design Management:
• Manage the design team during the Construction Documentation Phase. • Review the advantages and strategies for early bid packages. • Participate in all Project Planning meetings with Owner, Owner’s Design Team and Consultants, and General Contractor.
• Advise and make recommendations on design/engineering concepts and vendor proposals. • Review current document set of drawings and specifications. Evaluate same and make recommendations toward cost effective systems and long-term/low maintenance functionality. • Consult with Owner and Design Team for General Contractor requests for interpretation of design documents as well as assist in resolution.
• Evaluate and recommend value-engineering solutions to design and construction challenges. • Evaluate progress of work completed against the intended schedule. If variances are identified, determine what improvements are to be made.

Consultants Management:
• Review Owner’s Design Team and Consultants design schedule and deliverables. • Attend and participate in weekly project meetings.
• Review project requisitions, and advise Owner for approval, cost impact, and/or some needed modification.
• Review Change Orders, advising Owner on validity, cost vs . budget, and/or recommend modifications. Collaborate with design team as necessary. • Consult with Owner and Owner’s Design Team on the selection of any remaining consultants needed for the project, including third-party Special Inspection individuals or firms. • Manage the Special Inspector in the best interest of the Owner (contract held by Owner).

Cost and Schedule Management:
• Evaluate General Contractor’s baseline project schedule for the complete construction program. • Evaluate General Contractor’s cost control implementation strategy throughout the balance of procurement, and regularly during construction.

Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 90 Issue Date: July 25, 2025
• Evaluate progress of work completed against the intended schedule and budget. If variances are identified, determine what improvements are to be made. • Review project requisitions, and advise Owner for approval, cost impact and/or needed modification.
• Review Change Orders, advising Owner on validity, cost vs budget and/or recommending modifications. Collaborate with Design Team as necessary. • Collaborate with Project Expediter, Design Team, General Contractor, and Owner to develop a clear and concise path toward a Temporary Certificate to occupy; identifying all inspections, reports, and final sign-offs necessary with an action plan to achieve. • Collaborate with Owner on an occupancy strategy that aligns with the issuance of a Temporary Certificate to Occupy.

Project Management:
• Evaluate General Contractor logistics approach for each major phase of construction. • Evaluate permitting program for each phase of work and General Contractor’s plan for initiating inspections.
• Attend and participate in weekly project meetings.
• Evaluate the progress of construction on a regular basis, assessing the following: workmanship, trade performance, workflow and sequence, labor force requirements, material and equipment production/delivery/installation schedules and performance, field con ditions, and unforeseen conditions.
• Consult with Design Team and Owner, if General Contractor requests interpretation of design documents and assist in resolution.
• Recommend solutions to design and construction challenges. • Review and comment on General Contractor/subcontractor submissions i.e. shop drawings, product data, samples, etc. for each trade.

Post-Construction Phase - Consulting Services:

Punchlist / Closeout Protocol:
• Review and compile Owner’s Design Team punchlists.
• Manage the General Contractor’s efforts to develop a completion schedule for all punchlist work. • Manage the General Contractor to assemble all closeout documents as required by the contract documents. This includes but is not limited to as -built drawings, warranties, guarantees, O&M manuals, final lien waivers, and any required on- site documented demonstrations required for turnover to end user.
• Develop a care and maintenance package in collaboration with the General Contractor and Owner’s Design Team for all finish products and turnover to the end user.

Final Cost Accounting & Payments:
• Manage the review and approval of General Contractor’s final requisition and any final cost adjustments necessary in accordance with the contract and contract documents.

Final Certificate of Occupancy:
• Collaborate with Owner, Project Expediter, Owner’s Design Team, and General Contractor to develop plan towards achieving a Final Certificate of Occupancy.

Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 91 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.
7538
Hillmann Development Advisors, LLC (HDA)
Lina Velasco
Lina Velasco
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 92 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: ________________________________________________ 7538
Hillmann Development Advisors, LLC (HDA)
Lina Velasco
[email protected]
Hillmann Development Advisors, LLC (HDA)
1600 Route 22 East, Suite 107
Union, New Jersey 07083
[email protected]
Micah Koffi | Operations Associate
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 93 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, 7538
Hillmann Development Advisors, LLC (HDA)
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 94 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

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

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

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

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

7. RECORDS:

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

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

7538
Hillmann Development Advisors, LLC (HDA)
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 95 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

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

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

9. TERMINATION:

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

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

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under 7538
Hillmann Development Advisors, LLC (HDA)
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 96 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:

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

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

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

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

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

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for 7538
Hillmann Development Advisors, LLC (HDA)
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 97 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or 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 7538
Hillmann Development Advisors, LLC (HDA)
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 98 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

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

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

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

14. INSURANCE:

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

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

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

2.52, 2.56, and 2.60, if applicable.

b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
7538
Hillmann Development Advisors, LLC (HDA)
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 99 Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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

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

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of 7538
Hillmann Development Advisors, LLC (HDA)
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, 7538
Hillmann Development Advisors, LLC (HDA)
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 101
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 7538
Hillmann Development Advisors, LLC (HDA)
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
7538
Hillmann Development Advisors, LLC (HDA)

Modification to the Contract as follow:

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Exhibit D, General Conditions, Section 11. Hold Harmless. Modify as follows:

c. The parties agree that the duty to defend any indemnified party hereunder for alleged professional negligence shall be limited to the amounts paid under HDA’s General Liability policy of insurance, if any.

d. HDA shall not enter into any contract with any third party in connection with the Project Work without the express written consent and authorization of Client. HDA shall have no contractual duties, obligations, or liability with respect to such third parties.

Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 104
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

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

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

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

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

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

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

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
7538
Hillmann Development Advisors, LLC (HDA)
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
7538
Hillmann Development Advisors, LLC (HDA)
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Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 107
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

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

Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 108
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 109
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Subcontractors

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

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

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

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

Reporting Requirements

Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 110
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

X XXXXXXX
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 111
FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:LOC #:

AGENCY NAMED INSUREDPOLICY NUMBERCARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.

Alliant Insurance Services, Inc.

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ENVP0000276-24
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ENVP0000276-24
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ENVP0000276-24
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 116
ENVP0000276-24
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 117
ENVP0000276-24
Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 118
461-0478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

A. The following is added to SECTION II –
LIABILITY COVERAGE, Paragraph A.1. Who Is
An Insured:

B. The following is added to SECTION IV –
BUSINESS AUTO CONDITIONS , Paragraph B.

General Conditions, subparagraph 5. Other
Insurance:

Primary and Non-Contributory

C. This endorsement will apply only if the “accident”
occurs:

1. During the policy period;

2. Subsequent to the execution of t he written
contract or written agreement or the issuance
of the written permit; and

3. Prior to the expiration of the period of time that
the written contract , written agreement or
written permit requires such insura nce to be
provided to the additional “insured”.

D. Coverage provided to an additional “insured” will
not be broader than covera ge provided to any
other “insured” under this Coverage Part.

ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.

Page 1 of 1 ends

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ENVX0000227-24
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ENVX0000227-24
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Endorsement Title
Waiver of Subrogation Specific Entity Condition Amendatory Endorsement Named Insured
Hillmann Consulting, LLC
Endorsement Number
012
Policy Form
CAPE
Policy Number
ENVX0000227-24
Policy Period
12/18/2024 to 12/18/2025
Enviant Endorsement Number
Manuscript
Issued by
Certain Underwriters at Lloyd’s, London/ Hudson Excess Insurance Company Effective Date of Endorsement
03/31/2025

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF SUBROGATION SPECIFIC ENTITY CONDITION AMENDATORY ENDORSEMENT

It is hereby agreed that:

1. That SECTION V. CONDITIONS is amended by the addition of the following:

2. The prefatory language in SECTION VI. DEFINTIONS is amended by the addition of the following:

Any bolded/ defined terms which are not defined in this Policy shall have the same meaning provided to such term in the controlling underlying insurance.

Scheduled Person or Organization

Where required by written insured contract

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 135
Endorsement Title
Additional Insured – Owners, Lessees or Contractors – Completed Operations Amendatory Endorsement
Named Insured
Hillmann Consulting, LLC
Endorsement Number
079
Policy Form

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS

AMENDATORY ENDORSEMENT

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

Docusign Envelope ID: 5AD59067-F6D2-4F67-94DE-6205DA260016 136
Endorsement Title
Additional Insured – Designated Person or Organization Endorsement Named Insured
Hillmann Consulting, LLC
Endorsement Number
078
Policy Form

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Personal and Advertising Injury the Policy is amended as follows:

1. Your acts or omissions, or

2. The acts or omissions of those acting on your behalf;

in the performance of your ongoing op erations or in connection with your premises owned by you or rented to you.

Additional Insured Schedule

City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

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Page 1 of 2 ends

September 16, 2025

Community Development

DATE: September 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Avery Stark, Planning Manager

Subject:

PermiTech Solutions Contract Amendment No. 1
FINANCIAL IMPACT: The proposed total one-year not to exceed cost of $149,900 is included within the approved fiscal year
2025-2026 Community Development/ Planning
Professional Services budget and will be budgeted
accordingly in subsequent fiscal year budgets (Account
String: 15061219 – 400201). If the two, one-year options are exercised, the total contract amount would be
$450,000, over a three-year term.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Community Development Department’s Planning
Division is seeking approval of a contract amendment
No. 1 with PermiTech Solutions Corporation to increase
the contract amount by $140,000 to continue providing
on-call wireless permit application review and support.

RECOMMENDED ACTION:

APPROVE a contract amendment no. 1 with PermiTech
Solutions Corporation to add an additional $140,000, for a total contract amount not to exceed $149,900, for a
term ending on June 30, 2026, with two, one-year,
$150,000 extension options (totaling $449,900 over a
three-year term if options are exercised), to provide on- call wireless permit application review and support to be AGENDA
REPORT
139

Page 2 of 2 ends

September 16, 2025
paid using applicant fees – Community Development
Department (Lina Velasco/Avery Stark 510-620-6714).

DISCUSSION:

PermiTech Solutions Corporation (“PermiTech”) is the successor to Telecom Law Firm, PC (“TLF”), the City’s long-time provider of specialized wireless legal, permitting and planning services. While TLF has served the City for many years, its senior attorney, Dr.

Jonathan Kramer, is transitioning into semi-retirement and members of his legal team, have joined the law firm of Colantuono, Highsmith & Whatley. Lory Kendirjian, who has led TLF’s permit consulting division for over 11 years, is now positioned through PermiTech to continue delivering wireless permitting review services without interruption. Dr. Jonathan Kramer will continue to serve as an advisor to PermiTech, ensuring that the same trusted professionals—working in essentially the same roles— will remain available to support the Planning Division in this complex area of practice.

Upon notification of TLF’s closing, the Community Development Department executed a sole-source contract with PermiTech for $9,900 to continue providing these needed on- call services while Council was on recess. In short, the proposed contract amendment provides the City with uninterrupted access to highly specialized expertise, preserves institutional knowledge, and ensures continued compliance with complex state and federal regulations related to wireless facilities.

PermiTech will provide wireless permit application review and Planning Department support services, including: (a) initial and subsequent completeness reviews; (b) analysis for compliance with federal and state wireless regulations; (c) specialized consultation on aesthetics and design standards for wireless facilities; (d) evaluation of planned and actual radio frequency emissions for compliance with Federal Communications Commissions (FCC) rules; (e) preparation of recommended conditions of approval for wireless permits; (f) management of timelines in accordance with federal and state shot clocks, which may differ from the California Permit Streamlining Act; and (g) wireless site inspections as required by the City.

CONCLUSION:

The requested contract amendment is needed to ensure continuity of services for wireless communication application reviews that have specific federal and state processing timeframes and also to ensures continued compliance with complex state and federal regulations related to wireless facilities.

DOCUMENTS ATTACHED:

Attachment 1 – Contract Amendment No. 1
Attachment 2 – Original Contract
140

DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT

The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract A mendment are the City of Richmond, a public body corporate and politic, and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

2. Purpose. This Contract Amendment is being entered into t o amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

Department:

City Project Manager:

City Project Manager E-mail:

City Project Manager Phone No:

Vendor No:

Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

Community Development
Lina Velasco
[email protected]
510-620-6706
17109
7508
PermiTech Solutions Corporation shall provide technical consultation to City concerning wireless applications.
1 PermiTech Solutions Corporation
6320 Topanga Canyon Boulevard, STE 1630 # 1100
Woodland Hills, CA 91367
Lory Kendirjian
(310) 405-7282
[email protected]
4006-8411
July 1, 2025
June 30, 2026
$9,900.00
141
DocID #34720v1 Modified January 14, 2025

5. Cit
y of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

CIT

By: ________________
_______________
City Clerk
Appr
oved as to form:

By: _______________________________

City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
PermiTech Solutions Corporation
142
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved
by City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved
by City Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by Cit
y Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to ex ceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved b
y City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■
July 1, 2025
June 30, 2026
■
140,000
149,900
144
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
145
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

146
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Subcontractors

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

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

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

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

Reporting Requirements

147
IncludedBerkshire Hathaway Direct Insurance Company1039107/11/2025 The City of Richmond ISAOA ATIMA450 Civic Center PlazaRichmond, CA 94804 XXXN9BP59532706/01/202506/01/2026A 10,0002,000,0001,000,0004,000,0004,000,000 PermiTech Solutions Corporation6320 Topanga Canyon Blvd Ste 1630 # 1100Woodland Hills, CA 91367-2299BIBERKP.O. Box 113247Stamford, CT 06911 Professional Liability (Errors & Omissions): Claims-MadePer Occurrence/ Aggregate [email protected]
See attached Acord 101/Additional RemarksX Primary and Non-contributoryX XAX XX 10,000X X N9UM595362 06/01/2025 06/01/2026 2,000,0002,000,000 National Liability & Fire Insurance Company 20052 B Y X N9WC711274 06/01/2025 06/01/2026X1,000,0001,000,0001,000,000B X X N9PL710849 06/01/2025 06/01/2026$2,000,000/$2,000,000Exclusions: Lory Kendirjian; The City of Richmond ISAOA ATIMA is listed as additional insured as it pertains to business owners liability (see endorsement attached); A waiver of transfer of rights exists on this policy as it pertains to business owners liability policy in favor of The City of Richmond ISAOA ATIMA (see endorsement attached); This policy is primary as to losses it covers, and the Insurer will not seek contribution if there is a written agreement between the insured and the certificate holder (see endorsement attached); A Waiver of Subrogation is included on the professional liability policy in favor of The City of Richmond ISAOA ATIMA (see endorsement attached); The City of Richmond ISAOA ATIMA is listed as additional insured as it pertains to professional liability (see endorsement attached); A Blanket Waiver of Subrogation exists on this policy as it pertains to workers compensation in favor of The City of Richmond ISAOA ATIMA (see endorsement attached); Umbrella policy follows form. 148
07/11/2025Berkshire Hathaway Direct Insurance CompanyXX* Business Income & Extra Expense is a combined limit on this policy. 0 25,00006/01/2025 06/01/2026
The City of Richmond ISAOA ATIMA450 Civic Center PlazaRichmond, CA 94804 N9BP595327Bldg #001: Consultants - All Other - 4167702Location: 21806 Simion LaneCanoga Park, CA 91304-4896n/an/an/aPermiTech Solutions Corporation6320 Topanga Canyon Blvd Ste 1630 # 1100Woodland Hills, CA 91367-2299BIBERKP.O. Box 113247Stamford, CT 069115416111000 (203) [email protected](844) 472-0967* 27,000 149
POLICY NUMBER: N9BP595327 BUSINESSOWNERS BP 04 48 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 04 48 01 06  ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Richmond ISAOA ATIMA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in Section II – Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omis-sions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. 150
POLICY NUMBER: N9BP595327 BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 04 97 01 06 © ISO Properties, Inc., 2004 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Person Or Organization: The City of Richmond ISAOA ATIMA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III – Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. 151
BUSINESSOWNERS BP 14 88 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 14 88 07 13 © Insurance Services Office, Inc., 2012Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph H. Other Insurance of Section III – Common Policy Conditions and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 152
MISCELLANEOUS PROFESSIONAL LIABILITY MPL 00 24 11 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MPL 00 24 11 15 Page 1 of 1
ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: Miscellaneous Professional Liability Insurance Policy SECTION V – DEFINITIONS, Section M. “Insured” of the policy is amended to add the following: The Additional Insured stated below, but only for liability arising solely out of Wrongful Acts in the performance of Insured Services by the Named Insured or the Individual Insureds: It is also agreed the policy does not apply to any Claim which includes allegations or facts indicating actual or alleged independent or direct liability on the part of an Additional Insured. All other terms and conditions of this policy remain unchanged.

The City of Richmond ISAOA ATIMA
153

1.00Blanket Waiver - Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.All CA Operations N9WC711274
154
MPL 00 79 11 15 Page 1 of 1

MISCELLANEOUS PROFESSIONAL LIABILITY
MPL 00 79 11 15

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF SUBROGATION CHANGE ENDORSEMENT –

CLIENT SPECIFIC

This endorsement modifies insurance provided under the following:

Miscellaneous Professional Liability Insurance Policy

SECTION VI – GENERAL CONDITIONS, Section F
Subrogation and Recovery , of the policy is
amended to add the following additional paragraph
after F.2:

The Company hereby waives its rights to pursue
recovery in a subrogation action against The City
of Richmond ISAOA ATIMA in connection with any
Claim brought against any Insured for the
performance of Insured Services.

All other terms and conditions of this policy remain
unchanged.
155
EFFECTIVE DATE:

NAMED INSUREDPOLICY NUMBERNAIC CODECARRIER
AGENCY
LOC #:AGENCY CUSTOMER ID:of
PageADDITIONAL REMARKS SCHEDULE
ADDITIONAL REMARKSFORM TITLE:FORM NUMBER:THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, © 2008 ACORD CORPORATION. All rights reserved.The ACORD name and logo are registered marks of ACORDACORD 101 (2008/01) N9BP595327
Woodland Hills, CA 91367-2299
06/01/2025
6320 Topanga Canyon Blvd Ste 1630 # 1100
BIBERK
PermiTech Solutions Corporation
consultation job for the City of Richmond The City of Richmond, its officers, officials, employees, agents and\r\nvolunteers\r\nNon-Owned Auto coverage is included in the general liability policy limits. This policy is primary as to losses it covers, and the Insurer will not seek contribution if there is a written agreement between the insured and the certificate holder. A waiver of transfer of rights exists on this policy as it pertains to general liability in favor of City of Laguna Niguel ISAOA ATIMA. Data compromise is included on the general liability policy with limits at $50,000.

City of Agoura Hills is listed as additional insured as it pertains to general liability. 10391
ACORD 25

CERTIFICATE OF LIABILITY INSURANCE
Berkshire Hathaway Direct Insurance Company
2 2
156
POLICY NUMBER:N9BP595327 BUSINESSOWNERS
Date Processed: 06/18/2025 BP 12 01 07 02

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 12 01 07 02 © ISO Properties, Inc., 2001 Page 1 of 2 

BUSINESSOWNERS POLICY CHANGES

PermiTech Solutions Corporation

6320 Topanga Canyon Blvd Ste 1630 # 1100
Woodland Hills, CA 91367-2299

THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW.

POLICY NUMBER
N9BP595327

POLICY CHANGES EFFECTIVE
06/18/2025

COMPANY
Berkshire Hathaway Direct Insurance
Company

NAMED INSURED
PermiTech Solutions Corporation

AUTHORIZED REPRESENTATIVE

CHANGES

Additional Insured - Designated Person or Organization
Added Name of Person or Organization: The City of Richmond ISAOA ATIMA Address: 450 Civic Center Plaza
City: Richmond
State: CA
Zip: 94804

Policy Forms
Added Additional Insured - Designated Person or Organization (BP 04 48 01 06) Added Waiver Of Transfer Of Rights Of Recovery Against Others To Us (BP 04 97 01 06)
Added Waiver Of Transfer Of Rights Of Recovery Against Others To Us (BP 04 97 01 06)
Added Waiver Of Transfer Of Rights Of Recovery Against Others To Us (BP 04 97 01 06)
Added Waiver Of Transfer Of Rights Of Recovery Against Others To Us (BP 04 97 01 06)
Added Waiver Of Transfer Of Rights Of Recovery Against Others To Us (BP 04 97 01 06)

157

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 , 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 total payments to Contractor under this Contract shall not exceed $______________ 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:

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

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

Community Development Lina Velasco
[email protected] (510) 620-6706
PermiTech Solutions Corporation shall provide technical consultation to City concerning wireless applications.

PermiTech Solutions Corporation
6320 Topanga Canyon Boulevard STE 1630 # 1100
Woodland Hills, CA 91367
Ms. Lory Kendirjian
(310) 405-7282 [email protected]
N/A
July 1, 2025
June 30, 2026
9,900.00
17109 7508
Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 158

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
Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 President
7/16/2025
City Manager
8/27/2025
159
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]:

Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 160

EXHIBIT A

SCOPE OF WORK
At the direction of the City, Consultant
shall provide technical consultation to City concerning wireless applications as follows:

A. Wireless Siting Application Reviews:

1. Consultant
as a wireless site application reviewer, Consultant will review wireless siting applications and provide the City with a written analysis as described below.

2. Wireless Facility Site Memorandum/Memoranda Content:
a. Memorandum Regarding Incomplete Application. Upon
receipt of an application by Consultant directly from the City, Consultant will identify the regulatory classification under which the project should be processed (i.e., Section 6409(a); Small Wireless Facility; major modification; new site; etc.); and will evaluate and identify whether any wireless application that are not
completed by the applicant. If there are incomplete items, Consultant will an email within:
i. nine (9) calendar days for an initial review of a wireless application that is submitted by the applicant as a small wireless facility; or
ii. twenty-one (21) calendar days for an initial review of a wireless application that are submitted by the applicant in a category that is not a small wireless facility; or
iii. nine (9) calendar days for a resubmittal review of a wireless application that was deemed incomplete.
b. Project Memorandum. Once an application is determined by the City or deemed by law to be complete, Consultant will:
i. Discuss and analyze Section 6409(a) applicability which includes an eligible facilities and substantial change analysis; ii. Discuss and analyze Small Wireless Facilities applicability which includes all six criteria as defined by the FCC;
iii. Discuss design matters that may reduce the impact of the proposed site configuration;
iv. Evaluate time, place, and manner considerations for wireless sites located in the public right-of-way;
Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 161
v. Assess the planned compliance with federal radio frequency exposure guidelines established by the Federal
Communications Commission, and;
vi. determine any other wireless site-related issues that Consultant, in its experience and opinion, believes to be application (for example ADA compliance).
vii. Determine applicability of batched applications under AB965. viii. Consultant shall
prepare one revision or follow-up to the Incomplete or Project Memorandum. All additional revisions or follow-ups are
charged on an hourly basis.

3. Consultation Time:
a. Consultant will provide reasonable consultation by telephone and/or through e-mail with the City per project at no additional cost for the flat fee portion of any project.
b. For any project where hourly charges apply (i.e., after the flat fee portion of a project), hourly fees for consultations via telephone and/or email will apply.

It is understood by the parties that every wireless project is unique as to location and design, and some projects may not proceed all the way to an approval or denial, or the project, at a given location, may be moved by an applicant to a different location, which would necessitate an entirely new project review under a separate fee.

B. Attendance at Meetings: As requested by City and subject to Consultant availability, Consultant will attend in-person and video meetings.

C. General Consultation: Consultant will engage with the City in regard to any non-privileged technical communications within the competence of Consultant, as determined by Consultant, in any form on a time availability basis of Consultant, and invoice on an hourly basis (including travel time from Consultant to and from the City if necessary and as requested by the City). [End of Exhibit A]
Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 162
EXHIBIT A(1)

FEE SCHEDULE
PermiTech, also known as Consultant, reminds the City that the State of California allows local governments to recoup from applicants the City cost of needed professional services. In fact, and as such, expertise rather than simply cost should be the guidance, and Richmond constituents should not bear the cost of the wireless permitting processes that benefit for-profit communications firms that apply for City permits.

The Consultant consults with and is responsible for the City. The City is responsible for the collection of applicant fees and the . Payment
reimbursement from any party.

A. Flat Fees: Consultant shall perform the services described in Exhibit A, Section 2 for a fixed fee of $2,493 per project. Project hours are not reported by Consultant for the flat fee portion of any flat fee projects.

Our flat fee is commonly included in the total application fee collected by a jurisdiction, thereby appropriately shifting the financial burden from the citizens of Richmond to the for-profit applicants seeking City permits.

Due to the FCC shot clock time limitations, all projects must be submitted to Consultant by the City in searchable PDF document format within one (1) calendar day of receipt by the City from the Applicant; provided that if such calendar day falls on a Friday or holiday, the City shall submit such project to Consultant the next business day thereafter Accordingly, Consultant urges City to enforce a wireless application requirement that obligates the applicant to tender the entire wireless application, including all exhibits and attachments, in searchable PDF format, as well as in hard copy paper form.

Flat fee projects are billed to the City as a single unit on the first project invoice, memorandum, which may include a memo regarding an incomplete application, a project review memo, or another substantive project-related memo.

The flat fee is fully earned by and payable to Consultant once the Consultant has provided its first substantive memorandum to the City, even when the project is subseq uent ly cancelled, abandoned, or transferred to a different location. In the event that a project is tendered to the Consultant by the City but terminated for any Consultant on the hourly basis set out in this Agreement for all time spent by Consul
termination.

Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 163
B. Hourly Fees: Consultant shall perform all services described in Exhibit A, Sections B and C beyond the initial report and one revision (included in the flat fee), and all other extra services that may not be described in Exhibit A but were mutually agreed upon by City and Consultant, on an hourly fee basis as follows:

Personnel Rate
Per Director/Senior Project Manager $ 328
Per Senior Wireless Consultant $ 308
Per Project Manager $ 202
Per Project Coordinator $ 106
All time is billed in 0.1-hour (6 minute) units rounded up to the next 0.1 hour unit.

3. Annual Fee Adjustments. The flat rate and hourly fees set out in this Agreement shall automatically increase annually by three percent (3%) of the flat rate and hourly fees for the previous year.

4. Travel Time. For travel paid solely by City, Consultant charges a discounted rate of sixty percent (60%) of the hourly rate for travel time for each staff member. For travel time reimbursed to City by an applicant, Consultant charges its regular hourly rate for travel time for each staff member.

5. Expenses: City will reimburse the Consultant for all ordinary costs and expenses incurred by Consultant in performance of the services provided by Consultant to City pursuant to this Agreement. This is commonly (but not exclusively) limited express mail costs; messenger costs, etc.

6. Billing Contacts; Payment Address.
points of contact for billing queries are:

Soco Montore / Senior Administrative Analyst
[email protected]
510-620-6705
Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 164
______________________________ ___________________________ Name and Title Email Address (424)276-2040 _____________________________ Telephone Number Payment and Notices address is: PermiTech Solutions Corporation 6320 Topanga Canyon Boulevard Suite 1630 #1100 Woodland Hills, CA 91367 Either party may change its designated point of contact for billing queries at any [End of Exhibit A(1)] Annette Strong, Business Manager [email protected] Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 165
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT BPAYMENT PROVISIONS1. 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 Citypayments service/provider. 2. SUBMISSION OF INVOICES:Contractor shall submit timely invoices by email to [email protected]/or to the following address:Attention: City of Richmond Finance/Account Payable Project Manager: _______________________ P.O. Box 4046Richmond, 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 Citysatisfaction. The City shall not pay late fees or interest. b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.4.All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.

Lina VelascoLina Velasco
Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 166
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT CAUTHORIZED REPRESENTATIVES AND NOTICES1. 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 confirmationrequested from the U.S. postal service; or (iii) sent by overnight or same day courier2. 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 afternotice is deposited in the U.S. mail or with a courier service in the mannerdescribed above (Sundays and City holidays excepted).3. Either party may, at any time, change its notice address (other than to a post officebox address) by giving the other party three (3) days prior written notice of the newaddress.4. All notices, demands, requests, or approvals from Contractor to the City shall beaddressed to the City at:City of Richmond 450 Civic Center PlazaRichmond, CA 94804Email: ________________________________________________5. All notices, demands, requests, or approvals from the City to Contractorshall be addressed to Contractor at:Email: ________________________________________________ Lina [email protected] Solutions Corporation6320 Topanga Canyon Boulevard STE 1630 # 1100Woodland Hills, CA [email protected]. Lory Kendirjian Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 167
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT DGENERAL CONDITIONS1. 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 tcompensation 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: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, Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 168
Contract No: ________ For the Contract between the City of Richmond and _____________________________disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.6. CITY PROPERTY:a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City. b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.7. RECORDS:a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of ContractorContract, 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 Recordsb. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractorshall 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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Contract No: ________ For the Contract between the City of Richmond and _____________________________c. If supplemental examination or audit of the Records is necessary due to 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 Contractand 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 .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 thisContract. 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 Notwithstanding any provision herein to the contrary, the City may, in its sole andabsolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunderimmediately upon transmission of written notice to Contractoras provided in .

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Contract No: ________ For the Contract between the City of Richmond and _____________________________this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.11. HOLD HARMLESS:a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, against any and all loss, damages, liability, obligations, claims, suits, judgments, costs arising from or in any manner connected to Contractortions 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 even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 171
Contract No: ________ For the Contract between the City of Richmond and _____________________________money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or 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-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--Contractors hired by Contractor agree tobe bound to Contractor and the City in the same manner and to the same extent as 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 Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 172
Contract No: ________ For the Contract between the City of Richmond and _____________________________federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more 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 Contractorlved in the incident; (iii) name and address of Contractorthe incident; and (v) a police report.c. Contractor acknowledges that the City shall have the right to impose, at the 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. Contractort, records to demonstrate Contractor14. 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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Contract No: ________ For the Contract between the City of Richmond and _____________________________c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.d.Violence in the Workplace Policy and the Policy Against Workplace Harassment, are 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 isprevented 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 Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 174
Contract No: ________ For the Contract between the City of Richmond and _____________________________California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.20. CLAIMS:Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.21. INTERPRETATION:This Contract shall be interpreted as if drafted by both parties.22. WARRANTY:If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right totransfer 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, Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 175
Contract No: ________ For the Contract between the City of Richmond and _____________________________and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.25. WAIVER:The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contraperformance, or payment therefore, or any combination of these acts, shall not relieve the 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 submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.

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Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT ESPECIAL CONDITIONSThe General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state ):PermiTech Solutions Corporation See Attached Exhibit E.

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Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT FINSURANCE PROVISIONSCHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCEREQUIREMENTS FOR THIS CONTRACT.1. CERTIFICATES: Before the commencement of the terms of this Contract, and duringthe entire term of this Contract and any extension or modification thereof, Contractorof operations covered, effective dates and dates of expiration of insurance coverage incompliance with coverage requirements set forth by the City and incorporated herein.Such certificates, which do not limit Contractorsubstantially the following statement:be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) Richmond. Contractor shall maintain in force at all times during the performance of this Contractall 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 least BBB unless otherwise acceptable to the City. Contractor shall deliver updatedinsurance certificates to the City at the address set forth in Exhibit C prior to theexpiration 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 theinsurance certificates.2. COVERAGE REQUIREMENTS:depend upon thetype of service being provided and/or the provider. will fall into one of the following categories (unless otherwise provided by the City):Consultants and Contractors Type 1Professional Services Type 2Environmental Risk/Hazardous Waste Material Type 3Lease of City Property Type 4Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations Type 5Transportation Providers Type 6Professional Services Pyrotechnics Type 7Cyber and I.T. Risks Type 8 PermiTech Solutions Corporation
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Contract No: ________ For the Contract between the City of Richmond and _____________________________The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.FAILURE TO SECURE: If Contractor at any time during the term hereof should fail tosecure or maintain the foregoing insurance, the City shall be permitted to obtain suchinsurance in ContractorContractor and shall becompensated by Contractor for the costs of the insurance premiums at the maximumrate permitted by law and computed from the date written notice is received that thepremiums have not been paid.SUFFICIENCY OF INSURANCE: The insurance limits required by the City are notrepresented as being sufficient to protect Contractor. Contractor is advised to consultcoverage and limits shall be (1) the minimum coverage and limits specified in thisContract; or (2) the broader coverage and maximum limits of the coverage carried byor available to Contractor; whichever is greater.INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT:(IF NECESSARY, CONFIRM WITH RISK MANAGER) PermiTech Solutions Corporation
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___ Exhibit F ___ Section 8 City of Richmond - Insurance Requirements - Type 2: Professional Services Type 2 – Page 1 of 3 Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors.Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work. Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR. Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following: 1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable). 2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto). 3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language. 4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage. 5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance. 6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.) Required Coverage Minimum Limits Workers’ Compensation and Employers’ LiabilityStatutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTORis self-insured, provide a certificate of Permission to Self-Insure, signed by the California Department of Industrial Relations and Self-Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at: http://www.ci.richmond.ca.us/index.aspx?nid=61.General Liability (primary and excess limits combined) $2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

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___ Exhibit F ___ Section 8 City of Richmond - Insurance Requirements - Type 2: Professional Services Type 2 – Page 2 of 3 Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage. PROJECT COST REQUIRED LIMIT$0 - $1 million $1 million p/o $1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors & Omissions Liability – Required for all professionals including architects, engineers, consultants, construction management, counselors, medical professionals, hospitals, clinics, attorneys and accountants, & other consultants as may be required by the City. Required Policy Conditions Additional Insured Endorsement Applicable to General Liability coverage. The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract. ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. SAMPLE Endorsements can be found at http://www.ci.richmond.ca.us/index.aspx?nid=61.Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. Waiver of Subrogation Endorsement Form Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract. SAMPLE Endorsements can be found at http://www.ci.richmond.ca.us/index.aspx?nid=61.Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses. Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss. A. M. Best Rating A:VII or Better.If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City. Umbrella/Excess Liability Policies If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 182
___ Exhibit F ___ Section 8 City of Richmond - Insurance Requirements - Type 2: Professional Services Type 2 – Page 3 of 3 Revised: September 2011
Claims-Made Policies If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work. Subcontractors CONTRACTORshall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR,and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage. Verification of Coverage All original certificates and endorsements shall be received and approved by the City before work may begin.The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time. Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond. Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed. Continuous Coverage CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate. If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager. Cancellation CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City. Reporting Requirements Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Consistent with Public Policy The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 183

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
1,000,000
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
PermiTech Solutions Corporation
Consultant

CITY OF RICHMOND
has been names as Additional Insured
See attached Acord 101/Additional Remarks
30 Day written notice of Cancellation
20052
1,000,000
N9PL710849
10391
NATIONAL LIABILITY & FIRE INSURANCE CO.
10,000
X
N9BP595327

BERKSHIRE HATHAWAY DIRECT COMPANY

INCLUDED
1,000,000
2,000,000
1,000,000
X
Per Occurence/
Aggregate
CA
CA
1,000,000
X
[email protected]
N9BP595327
2,000,000
21243 Ventura Blvd # 101
91367
A
$2,000,000
Woodland Hills
$2,000,000
N9UM595362
06/01/2026
10,000
Annie Sorfazian Insurance Agency Inc
818-564-4999

ANNIE SORFAZIAN
1,000,000
91364
Annie Sorfazian
6320 Topanga Canyon Blvd Ste.1630,Ste.1100
x
A
06/01/2025
Woodland Hills
4,000,000
A
06/01/2026
B
4,000,000
06/01/2025
06/27/2025
B
X
Professional Liability( Errors &
Omissions):Claims Made
06/01/2025
2,000,000
X
06/01/2026
1,000,000
N9WC711274
818-456-4197
06/01/2026
X
Y
06/01/2025
06/01/2026
06/01/2025
Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 184
EFFECTIVE DATE:

City of Agoura Hills is listed as additional insured as it pertains to general liability. 10391
ACORD 25

CERTIFICATE OF LIABILITY INSURANCE
Berkshire Hathaway Direct Insurance Company
2 2
Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 185
POLICY NUMBER:N9BP595327 BUSINESSOWNERS
Date Processed: 06/18/2025 BP 12 01 07 02

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 12 01 07 02 © ISO Properties, Inc., 2001 Page 1 of 2 

BUSINESSOWNERS POLICY CHANGES

PermiTech Solutions Corporation

6320 Topanga Canyon Blvd Ste 1630 # 1100
Woodland Hills, CA 91367-2299

THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW.

POLICY NUMBER
N9BP595327

POLICY CHANGES EFFECTIVE
06/18/2025

COMPANY
Berkshire Hathaway Direct Insurance
Company

NAMED INSURED
PermiTech Solutions Corporation

AUTHORIZED REPRESENTATIVE

CHANGES

Additional Insured - Designated Person or Organization
Added Name of Person or Organization: The City of Richmond ISAOA ATIMA Address: 450 Civic Center Plaza
City: Richmond
State: CA
Zip: 94804

Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 186
Docusign Envelope ID: F0EC167D-B083-402C-8E47-AB61365F4063 187

Page 1 of 4 ends

September 16, 2025
DocID #52447v1

Economic Development
Port

DATE: September 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Charles Gerard, Port Director

Subject:

Port Amendments to the Federal Maritime Commission
(FMC) Tariff No. 3 for Environmental Compliance and
Fees
FINANCIAL IMPACT: The Port is proposing two increases to the Port of Richmond Federal Maritime Commission (FMC) Tariff
No.3. The amendment includes:

 A one and fifteen hundredths’ percent (1.15%)
increase to item 09195 - wharfage rate.
 A one and five hundredths’ percent (1.05%)
increase to item 12230 - storage rate.
 Creation of new item 14115 to establish
environmental fees establishing rates.
 Addition of environmental compliance language to
02110.

These increases and new fees will allow the Port to
generate additional revenue from wharfage and storage
fees, while maintaining competitiveness with other ports in the Bay Area. There is no financial impact to the
General Fund.

PREVIOUS COUNCIL
ACTION:

May 27, 2025
AGENDA
REPORT
188

Page 2 of 4 ends

September 16, 2025
DocID #52447v1

STATEMENT OF THE
ISSUE:

The Port of Richmond is seeking Tariff amendments of a
one and fifteen hundredths percent (1.15%) increase to
item 09195 Wharfage rate; a one and five hundredths
percent (1.05%) increase to item 12230 storage rate;
addition of environmental compliance language to item
02110; addition of a new item 14115 with environmental
compliance fees to the Port of Richmond Federal
Maritime Commission (FMC) Tariff No. 3. The Port of
Richmond will maintain a competitive position, maximize revenues and stay in regulatory compliance.

RECOMMENDED ACTION:

ADOPT a resolution to amend the Port of Richmond
Federal Maritime Commission (FCM) Tariff No. 3 to
increase rates on selected items, add necessary
environmental compliance language, and establish new
California Resource Board (CARB) at-berth regulation
fees – Economic Development Department (Charles
Gerard 510-620 6792).

DISCUSSION:

The Port of Richmond (Port) generates revenue from vessel dockage, wharfage, storage, and other charges outlined in the Federal Maritime Commission (FMC) Tariff No. 3 (Tariff). The Tariff document specifies item rates, rules, and regulations governing the use of the Port of Richmond facilities. This contributes to the overall growth of Port revenues, while rules help ensure safety and regulations facilitate healthy communities.

For 2025, the Port proposed a two and half percent (2.5%) general rate increase on the tariff document. It was approved by the City Council on May 27, 2025, and went in effect on July 1, 2025.

The Port would like to increase tariffs on two selected items to stay competitive with other ports in the Bay Area. The first increased rate is in the Tariff Rule: 34.09 Section 9 – Wharfage Rate Non-Containerized Cargo Item 09195, vehicle wharfage increasing from $31.00 adding .36 cents for a total of $31.36, making it a 1.15 percent increase.

The second increased rate is located in the Tariff Rule: 34.12 Section 12 – Wharf Demurrage & Storage Item 12230 vehicle storage increases from .94 cents adding one cent for a total of .95 cents, making it a 1.05 percent increase. Table 1 below describes the increases.

Table 1
Tariff Items to Increase Revenue: Current
amount
Increase Total Percentage Page
ITEM 09195 Vehicle Wharfage $31.00 .36 $31.36 1.15% 44 ITEM 12230 Vehicle Storage (b) $0.94 .01 $0.95 1.05% 61

A critical addition to the Tariff is environmental compliance language that describes the California Air Resource Board (CARB) At-Berth regulations. The purpose of the CARB 189

Page 3 of 4 ends

September 16, 2025
DocID #52447v1
regulations is to decrease emissions from ocean-going vessels while they are docked at-berth. The Port will add new language under Tariff Rule: 34.02 Section 2- General Rules and Regulations, item 02110 under compliance with government regulations. The specific language is stated below on Table 2. This language is necessary and important for compliance with CARB rules and regulations. It specifically describes that Ocean carriers will be responsible for the cost and administration of regulatory efforts. These efforts will help to achieve public health protection for Californians living near port communities, reduce exposure to toxic air emissions in disadvantaged communities and meet emission reduction goals for NOx.

Table 2
Tariff Item to: Add Environmental language to existing item Page ITEM 02110 Compliance with Government Regulations 11
This includes ocean carriers’ compliance with the California Air Resource Board (CARB) At-Berth regulations. Ocean carriers will be responsible for the cost and administration of certain capture and control services for vessels calling the Port of Richmond using a mobile, barge-based system that captures and controls emissions from docked vessels including any tug or towage fees

A new item was created in the Tariff under Rule: 34.14 Section 14 - Miscellaneous Charges - Item 14115 called CARB At-Berth Regulation Compliance Charge. This item will be used for regulating At-Berth usage and charging provision, operation, and maintenance of CARB-approved emissions control systems. Acceptable options include connecting to shore power, using CARB-approved alternative control technologies (such as exhaust gas cleaning systems), or employing equivalent solutions that meet CARB standards. Table 3 compiles the details of the item and fees to be charged.

Table 3
New Tariff Item: Add item description Page
ITEM 14115 CARB At-Berth Regulation Compliance Charge 64 This tariff applies to vessels subject to the California Air Resources Board (CARB) At- Berth Regulation (Title 17, California Code of Regulations, Section 93130) when calling at regulated berths. The charge is assessed to recover costs associated with:

Provision, operation, and maintenance of CARB-approved emissions control systems (e.g., shore power or capture-and-control devices); Monitoring and reporting activities required by CARB; and administrative compliance support.

New Tariff Item: Add item fees Amount Page
Per Vehicle Charge $52 64
Note: 1 Minimum charge of $3,750 per hour, times the
number of Hours At-Berth
$3,750
Note: 2 Ocean carriers will be responsible for the cost and administration of certain capture and control
services for vessels calling the Port of Richmond
using mobile, barge-based system that captures
and controls emissions from docked vessels
including any tug or towage fees.

190

Page 4 of 4 ends

September 16, 2025
DocID #52447v1

The Port of Richmond submitted a docket proposal to the California Association of Port Authorities (CAPA) Executive Committee on August 19, 2025 (Attachment 3). The docket proposal included an increase on two selected items, adding necessary environmental compliance language and associated fees in the Port of Richmond Federal Maritime Commission (FMC)Tariff No.3. The Port of Richmond’s docket was unanimously approved by CAPA Executive Committee members of the Tariffs & Practices Committee on the same day.

NEXT STEPS:

The next step is for the City Council to adopt a resolution amending the 2025 Tariff to reflect the following changes (Attachment 1):
 Item 09195 (Vehicle Wharfage): increase from $31.00 to $31.36.  Item 12230 (Vehicle Storage): increase from $0.94 to $0.95.  Item 02110 (Compliance with Government Regulations): addition of environmental compliance language.
 Item 14115 (CARB At-Berth Regulation Compliance Charge): creation of a new tariff item establishing rates to recover costs of CARB compliance.

These amendments will generate additional revenue from wharfage and storage fees, update Port tariff language to reflect current CARB At-Berth regulation, establish the framework for charging responsible parties for CARB compliance, support job creation related to emission control activities, and reduce emissions and particulate matter from visiting vessels.

Additionally, it’s important for the Port to stay competitive and in compliance with and like other Bay Area ports. If approved, any Tariffs due on or after July 1, 2025, will be charged the updated rates.

SYNERGISTIC POLICIES:

City Council Goals and Priorities – Strategic Goal Area 2.5: Revitalization of the Port.

This amendment will bring the Port into compliance with CARB regulations, create jobs to support emission control activities, and reduce emissions and particulate matter from auxiliary ship engines while berthed.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Resolution
Attachment 2 – Redline Amended 2025 Port of Richmond Tariff FMC No. 3 Attachment 3 – Clean Amended 2025 Port of Richmond Tariff FMC No. 3 Attachment 4 – California Association of Port Authorities Docket Proposal - August 19, 2025
191

Reso. No. _____

Page 1 of 2 ends

DocID #52507v1
RESOLUTION NO. ______

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

CALIFORNIA, APPROVING AMENDMENTS TO THE PORT OF RICHMOND FEDERAL MARITIME COMMISSION (FMC) TARIFF NO. 3 TO INCREASE

SELECTED RATES, ADD ENVIRONMENTAL COMPLIANCE LANGUAGE, AND

ESTABLISH NEW CALIFORNIA RESOURCE BOARD (CARB) AT-BERTH

REGULATION FEES

WHEREAS, the City of Richmond, under the Economic Development Port Division (Port) operates various marine terminal facilities at the Port of Richmond; and

WHEREAS, the Port of Richmond derives revenues from wharfage, storage, dockage, and other charges established in the Federal Maritime Commission (FMC) Tariff No. 3; and

WHEREAS, on May 27, 2025, the City Council approved a 2.5% general tariff increase, effective July 1, 2025; and

WHEREAS, the Port of Richmond seeks to further amend FMC Tariff No. 3 to maintain competitiveness with other Bay Area ports, increase operating revenues, and remain in compliance with state environmental regulatory requirements; and

WHEREAS, the proposed amendments include:
 Increasing Item 09195 (Vehicle Wharfage) from $31.00 to $31.36 (a 1.15% increase);
 Increasing Item 12230 (Vehicle Storage) from $0.94 to $0.95 (a 1.05% increase);  Adding environmental compliance language to Item 02110 (Compliance with Government Regulations) to reflect the California Air Resources Board (CARB) At- Berth regulations; and
 Establishing a new Item 14115 (CARB At-Berth Regulation Compliance Charge) to recover costs associated with compliance, including provision, operation, and maintenance of emissions control systems; and

WHEREAS, the California Association of Port Authorities (CAPA) Executive Committee reviewed and unanimously approved the Port of Richmond’s docket proposal on August 19, 2025; and

WHEREAS, these amendments support compliance with CARB regulations, generate additional revenue, support job creation related to emission control activities, and reduce emissions and particulate matter from visiting vessels.

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, as described above, 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:
192

Reso. No. _____

Page 2 of 2 ends

DocID #52507v1

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

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

_______________________________________
Pamela Christian, Clerk of the City of Richmond
193

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

1 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 protected]
194

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

2 RULES AND REGULATIONS

RULE: 34. TERMINAL TARIFFS

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

SEE SUBRULES
195

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

3 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 196

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

4 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 MARITIME 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, 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.
197

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

5 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 5th 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. 198

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

6 RULES AND REGULATIONS

RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS -

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

(continued from previous page)

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

ITEM 01160 MERCHANDISE

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

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

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

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

ITEM 01180 PIPELINE
In items made subject to this Item the rates specified will apply only when the commodity involved is handled through a stationary pipeline direct between vessel and shore storage facilities or private loading or unloading facilities.
199

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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 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.

200

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(continued from previous page)

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.

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.

201

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(continued from previous page)
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:

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. (continued on next page)
202

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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. 203

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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.

This includes ocean carriers’ compliance with the California Air Resource Board (CARB) At-Berth regulations. Ocean carriers will be responsible for the cost and administration of certain capture and control services for vessels calling the Port of Richmond using a mobile, barge-based system that captures and controls emissions from docked vessels including any tug or towage fees.

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
204

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12 (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 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 205

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(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. 206

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(continued from previous page)

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

ITEM 02140 NON-LIABILITY FOR LOSS OR DAMAGE
(a) The Port will not be responsible for loss or damage caused by fire, frost; heating; leakage; evaporation; natural shrinkage; wastage or decay; animals; rats; mice or other rodents; moths; weevils or other insects; leakage or discharge from fire protection system; breakdown of plant, machinery or equipment; floats, logs, or piling required in breasting vessels away from wharves or piers; dampness; riots or strikes of any persons in its employ or in the service of others or for any consequences arising therefrom; insurrection; war; shortage of labor; insufficient notification; the elements, or any causes unavoidable or beyond its control and in particular (but without limitation) the Port will not be responsible for loss or damage to goods or property which are stored in open or uncovered areas.
(b) In instances in which the terminal’s negligence causes or contributes to the cause of any liability as set forth in this item or any other item in this tariff, the obligation to exculpate or indemnify 207

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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
208

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(continued from previous page)

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

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

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

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

ITEM 02165 REMOVAL OF PERISHABLE OR UNDESIRABLE CARGO OR MATERIALS (a) The Port Director may, at his discretion, cause the removal of perishables, cargo which is liable to damage other cargo, bulky freight or other undesirable cargo or material, with or without notice, to another location within the terminal or facility or to private facilities at the risk and expense of the owner.
(b) The assignee under a wharf assignment or space assignment with the Port is responsible for removal of rubbish, dunnage and other waste material from the assigned area; otherwise it will be removed by the Port Director’s Designee at the expense of the assignee. 209

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

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

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

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

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

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

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

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

ITEM 02180 SPECIAL WATCHMEN SERVICE
(a) When, due to rules and regulations of Federal, State, or Local authorities, the Port Director is requested or required to provide Special Watchman Service in connection with cargo moving through its facilities, the Port Director may arrange for and assess the cost of such watchman service to the carrier handling such cargo.
210

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(continued from previous page)

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

ITEM 02185 USE OF HANDLING EQUIPMENT
(a) The user will provide all necessary operators and perform all stevedoring. (b) The user will provide buckets, electromagnets, spreaders, and other supplemental equipment which may be required.
(c) The user will perform all necessary rigging and unrigging of buckets, electromagnets, spreaders, and other supplemental equipment at his own expense.
(d) Maximum rated capacity will not be exceeded.
(e) Handling equipment is presumed to be in good operating condition when turned over to user, but the Port of Richmond does not warrant the mechanical condition thereof. The Port of Richmond will not be responsible for delays caused user by breakdown of equipment, by shut- off of electric current, or other causes. The Port of Richmond reserves the right to stop operation of the equipment at any time to require repairs that appear, in the opinion of the Port Director, to be necessary.
(f) Handling equipment turned over to user is under user’s supervision, direction, and control, and user assumes sole responsibility and liability for injury to or death of any person or damage to or destruction of property, including employees and property of the Port of Richmond, incident to, arising out of, or cause by user’s possession, use or operation of handling equipment and shall protect, indemnify and save harmless the Port of Richmond, the Council, and their officers and employees from and against any and all suits, claims, demands, loss, expense and liability of any kind or nature whatsoever for said injury to or death of persons or damage to or destruction of property, and that may be, in whole or in part, incident to, arise out of, or be caused, directly or indirectly, through negligence or otherwise by the user’s possession, use or operation of said handling equipment, whether by user, its officers, agents or employees, or by any person or persons acting with the knowledge and consent, express or implied of user, and the use of handling equipment shall constitute acceptance and acknowledgement by the user of this 211

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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.

212

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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. 213

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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:

214

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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 emergencies. 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.
215

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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 for ensuring 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
216

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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 217

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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.
218

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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)
219

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27 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. 220

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28 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.
221

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29 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
222

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30 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.

ITEM 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 223

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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:
224

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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. 225

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33 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)
226

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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. 227

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35 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 228

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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 229

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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 ninety-three 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.
230

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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.
231

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: 34.09 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

232

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)

(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. . . . . . . . . . . . . . . . . 195 233

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 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) . . . . . . . . . . . . 503 234

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)

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478 235

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)

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 236

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)

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 . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $31.36 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.

NOTE 2: Additional charges are outlined in RULE: 34.14 SECTION 14 - MISCELLANEOUS CHARGES - ITEM 14115 CARB AT BERTH REGULATION COMPLIANCE CHARGE

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
237

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

Vehicles, viz:
238

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
46 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

239

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
47 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
240

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
241

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
242

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
243

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).
244

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- 245

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. 246

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.
247

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.
(continued on the next page)
248

PORT OF RICHMOND
TERMINAL TARIFF, FMC NO. 3 RULE PAGE: 0-A.001
ISSUED 01 JUL 2025
56 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. 249

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: 34.12 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)
250

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)

(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
251

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 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
ITEM 12135
Canned Goods, N.O.S (Except dried,
dehydrated or frozen).

In cases or cartons. 31 269

(continued on next page)
252

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 previous page)

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 24 216-221
Iron or Steel Pipe, NOS 34 362-370
ITEM 12165
Liquor, i.e., Alcoholic Beverages 43 477
ITEM 12170
Lumber, per 1,000 feet B.M.,
In uncovered areas 31 269
ITEM 12175
Lumber, per 1,000 feet B.M.,
In uncovered areas 34 338
ITEM 12180
Milk, or Milk Products, dried 33

(continued on next page)
253

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 12185
Ore and Ore Concentrates, in packages –
when held in uncovered areas 29 221
ITEM 12190
Paper and Paper Articles, viz.:

Bags 46 235
Boxes, Fiber, Corrugated, K.D. 55 639
Folded
Napkins, Towels 67 1068
Newsprint, rolls pulpboard,
in rolls 22 121
Tissues, NOS, including toilet paper 54 639
Waste, in machine compressed
bales, or bundles 36 320
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 50 556
ITEM 12210
Rice 44 338

254

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 12215
Sugar, N.O.S., in sacks 32 293
ITEM 12220
Tin Plate 282 241
ITEM 12225
Vehicles, Commercial (as described in 09200)
per unit 99 --
ITEM 12230
Vehicles, Motor, on wheels
not boxed (as described in Item 09195) per unit
(a) When stored in closed areas 183 457
(b) When stored in open area,
on terminal, per vehicle 95
(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
For each day exceeding 14 calendar days 166 N/A
255

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: 34.13 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
256

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: 34.14 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15 257

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: 34.14 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.

ITEM 14115 CARB AT BERTH REGULATION COMPLIANCE CHARGE

This tariff applies to vessels subject to the California Air Resources Board (CARB) At-Berth Regulation (Title 17, California Code of Regulations, Section 93130) when calling at regulated berths.

The charge is assessed to recover costs associated with:

Provision, operation, and maintenance of CARB-approved emissions control systems (e.g., shore power or capture-and-control devices);
Monitoring and reporting activities required by CARB; and Administrative compliance support.

Per Vehicle Charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $52 NOTE: 1 Minimum charge of $3,750 per hour, times the number of Hours At-Berth

NOTE: 2 Ocean carriers will be responsible for the cost and administration of certain capture and control services for vessels calling the Port of Richmond using a mobile, barge-based system that captures and controls emissions from docked vessels including any tug or towage fees.

258

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: 34.15 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 259

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: 34.15 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)
260

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: 34.15 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.
261

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: 34.16 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
262

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: 34.16 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.
263

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

1 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 protected]
264

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

2 RULES AND REGULATIONS

RULE: 34. TERMINAL TARIFFS

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

SEE SUBRULES
265

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

3 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.

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

4 RULES AND REGULATIONS

RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS

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

(continued from previous page)

ITEM 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, 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.
267

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

5 RULES AND REGULATIONS

Rule: 34.01 SECTION 1 – DEFINITION OF TECHNICAL TERMS -

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

ITEM 01150 HOLIDAYS

The following days (See Note)

NOTE: When any holiday falls on Sunday, the Monday following will be observed as the holiday. 268

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

6 RULES AND REGULATIONS

RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS -

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

(continued from previous page)

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

ITEM 01160 MERCHANDISE

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

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

7 RULES AND REGULATIONS

RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS -

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

(continued from previous page)

ITEM 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.

270

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

8 RULES AND REGULATIONS

RULE: 34.01 Section 1 – DEFINITION OF TECHNICAL TERMS -

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

(continued from previous page)

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

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

271