PLEASE NOTE: HYBRID MEETING FORMAT
- SPECIAL OPEN SESSION OF THE RICHMOND CITY COUNCIL
- REGULAR MEETING OF THE RICHMOND CITY COUNCIL
Tuesday, July 21, 2026, 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, Councilmember District 2
Doria Robinson, Vice Mayor, District 3
Soheila Bana, Councilmember District 4
Sue Wilson, Councilmember District 5
Claudia Jimenez, Councilmember District 6
Vice Mayor Doria Robinson will be joining remotely at the following location: Hyatt Place Seattle Downtown, 110 6th Ave N, Seattle, WA 98109
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In Person: Anyone who desires to address the City Council during 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. Online speakers: must raise their hand when instructed by the clerk. Once the City Clerk has announced the item and given a count of the number of total speakers, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk or those that have their hand raised.
The amount of time allotted to individual speakers shall be determined based on the total number of persons requesting to speak during this item. The time allocation for each speaker will be as follows: 15 or fewer speakers, a maximum of 2 minutes; 16 to 24 speakers, a maximum of 1 and one-half minutes; and 25 or more speakers, a maximum of 1 minute.
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To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After 7-21-26 CC Mtg.
2 the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
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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). The procedures for discussion do not apply to items sponsored by the mayor or councilmembers.
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 7-21-26 CC Mtg.
3 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 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
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4 A. SPECIAL OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED
SESSION
5:00 p.m.
B. ROLL CALL
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
Claimant: Christopher MacGregor•
Claimant: Erin Perez •
D. PUBLIC COMMENT BEFORE SPECIAL CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
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5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:00 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 Canvass of Returns, June 2, 2026, Primary Municipal Election 14 ADOPT a resolution Declaring the Canvass of Returns and Results of the Primary Municipal Election held on June 2, 2026 – City Clerk’s Office (Pamela Christian 510-620-6513).
N.1.b Meeting Minutes 24
APPROVE the minutes of the May 26, 2026, regular City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).
N.2 Community Development
N.2.a Contract with Ramboll Americas Engineering Solutions, Inc. to Support Annual Compliance Report Monitoring
39 APPROVE a contract with Ramboll Americas Engineering Solutions, Inc. for an amount not-to-exceed $263,400, to support the Planning Division’s annual review of the Chevron Richmond Refinery Modernization Project conditional use permit compliance monitoring, for a term ending June 30, 2031 – Community Development Department (Lina Velasco/Avery Stark 510-620-6841).
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6 N.3 Economic Development
N.3.a Contract with Nichols Consulting Engineers for Environmental Consulting Services
87 APPROVE a sole-source contract with Nicholls Consulting Engineers for environmental consulting services associated with Operable Unit 1, Operable Unit 2, and other environmental compliance and monitoring activities at the Port of Richmond, in an amount not to exceed $120,487, for a term expiring December 31, 2027 – Economic Development Department/Port (Charles Gerard/510-620- 6792)
N.3.b Proposed Updates to Port Tariff No. 3 Rates and Fees 130 ADOPT a resolution approving amendments to Port of Richmond FMC Tariff No. 3 Port and Marine Terminal Operator Schedule reflecting a two and nine-tenths percent (2.9%) General Rate Increase, establish an environmental Clean Port Program and Clean Air Program Fee of $200 per hour, and a comprehensive rewrite of the Port of Richmond Federal Maritime Commission (FMC) Tariff No. 3, removing outdated provisions, modernizing language,
standardizing document structure and formatting, as approved by the Executive Committee Members of the Tariffs & Practices Committee of the California Association of Port Authorities (CAPA) – Economic Development Department (Charles Gerard 510-620 6792).
N.3.c Contract with Community Fire Protection for Fire Flow Testing 179 APPROVE a contract with Community Fire Protection for fire flow testing and related services at the Port of Richmond, in an amount not to exceed $11,760, for a three-year term from July 7, 2026, through June 30, 2029 – Economic Development Department/Port (Charles Gerard/510-620-6792).
N.3.d Standard Voluntary Agreement for Marina Bay Environmental Reporting with the Department of Toxic Substances Control (DTSC) 263
APPROVE a Standard Voluntary Agreement for Marina Bay
environmental reporting with the Department of Toxic Substances Control that includes two privately- owned and nine City-owned deed restricted properties in Marina Bay – Economic Development Department/Real Estate (Nannette Beacham/Craig Murray 510-621- 1264).
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7 N.3.e Contract with NV5 Environmental, L.P. for Environmental Reporting Services at Marina Bay to the Department of Toxic Substances Control
275
APPROVE a sole-source contract with NV5 Environmental, L.P. for environmental consulting services related to Area FM, Area T, and nine deed-restricted properties in Marina Bay, including $196,140 for general environmental consulting services for Area FM, $83,400 for enhanced groundwater remediation, monitoring, and reporting for Area T, and $110,460 for annual inspections and a five-year review of the Marina Bay deed-restricted properties, as required by the California Department of Toxic Substances Control, for a total amount not to exceed $390,000 through June 30, 2029 – Economic Development Department/Real Estate (Nannette Beacham/Craig Murray 510-621-1264).
N.3.f Contract with All Star Painting KD Inc. for Graffiti Removal of Historic Concrete
313
ADOPT a resolution to APPROVE a contract with All Star Painting KD Inc. for graffiti removal from the historic concrete surfaces of the General Warehouse Building, for a term expiring December 31, 2027, in an amount not to exceed $87,777 – Economic Development Department/Port (Charles Gerard 510-620-6792). This item was continued from the June 16, June 23, and July 7, 2026, meetings.
N.4 Finance Department
N.4.a Contracts with Macias Gini & O’Connell LLP and Vasquez & Company LLP, for on-call Financial and Grant Auditing Services 562
ADOPT a resolution to APPROVE contracts with Macias Gini & O’Connell LLP and Vasquez & Company LLP, to provide as-needed grant audit, financial audit, and related audit services, each in an amount not to exceed $100,000 over the initial three-year term, for a combined not-to-exceed amount of $200,000 for Fiscal Year (FY) 2026-27, FY 2027-28, and FY 2028-29, with an option to extend for two additional years – Finance Department (Jerry Chak/Mubeen Qader/Emily Combs 510-620-6569).
N.5 Mayor's Office
N.5.a Ad Hoc Committee Formation for City Council Rules of Procedure and Order Amendments
788
APPOINT the mayor, vice mayor, city attorney, city clerk, and city manager to an ad hoc committee to develop proposed amendments to the City Council Rules of Procedure and Order, along with other operational refinements, to bring forward to the full City Council for approval within 60 days of its formation – Mayor’s Office (Mayor Eduardo Martinez 510-620-6502).
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8 N.5.b Appointment of Amanda Campbell to the Richmond Fund for Children and Youth Oversight Board
790
APPOINT Amanda Campbell to the Richmond Fund for Children and Youth Oversight Board to a vacant seat with a term ending December 2, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503/Councilmember Soheila Bana 510-620-6743).
N.6 Public Works
N.6.a Roadway Modification at Glenn Avenue and McBryde Avenue for the McBryde Avenue Safe Routes to Park Project
799
ADOPT a resolution to APPROVE a roadway modification associated with the McBryde Avenue Safe Routes to Park Project, including closure of the direct vehicular connection between Glenn Avenue and McBryde Avenue to improve traffic safety, reduce cut-through traffic, and support pedestrian and bicycle connectivity – Public Works Department (Hillal Hamdan 510-621-1612/Daniel Chavarria 510-620- 5478). This item was continued from the June 16, June 23, and July 7, 2026, meetings.
N.6.b Accept and Appropriate the California Department of Transportation Sustainable Transportation Planning Grant for the Richmond Greenway Gap Closure Project
832
ADOPT a resolution to ACCEPT and APPROPRIATE the Caltrans Sustainable Transportation Planning Grant award in the amount of $700,000 for the Richmond Greenway Gap Closure Project; APPROPRIATE $90,693 in Measure J as matching funds, for a total project budget of $790,693; and AUTHORIZE the City Manager or their designee to execute the grant agreement, any amendments thereto, and related documents with Caltrans necessary to implement the grant-funded planning project – Public Works Department (Janney Lockman 510-307-8097/Gail Payne 510-620-6716/Daniel Chavarria 510-620-5478).
N.6.c Appropriate Marina Bay Landscaping and Lighting Maintenance District Fund Balance Reserves for Emergency Lighting Repairs 838
ADOPT a resolution to APPROPRIATE the Marina Bay Landscaping and Lighting Maintenance District (MBLLMD) fund balance reserves in an amount not to exceed $141,746.00 for emergency lighting repairs associated with wire theft and vandalism within the Marina Bay area and AUTHORIZE the city manager or their designee to take any further actions necessary to complete the repairs - Public Works Department (Daniel Chavarria 510-620-5478/Darin Fitzpatrick 510- 231-3044).
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9 O. BUDGET SESSION
O.1 Resolution Determining Necessity and Introduction of an Ordinance Ordering the Submission of a General Obligation Bond Measure for Fire Station Improvements
891
ADOPT a resolution determining that the public interest and necessity demand the acquisition, construction, and improvement of certain municipal improvement projects and their financing through the issuance of general obligation bonds; and INTRODUCE an ordinance (first reading) ordering the submission of a proposition authorizing the issuance of general obligation bonds to the qualified voters of the City of Richmond at the November 3, 2026, General Municipal Election – Fire Department/Finance Department/City Manager’s Office (Chief Aaron Osorio 510-307-8021/Emily Combs 510-890- 5534/Shasa Curl 510-620-6512).
P. PUBLIC HEARINGS
P.1 Zoning Text Amendments Related to Accessory Dwelling Units and Junior Accessory Dwelling Units
908
HOLD a public hearing; and INTRODUCE (first reading) an Ordinance, as recommended by the Planning Commission, amending Sections
15.04.104.020, 15.04.201.030, 15.04.201.050, and 15.04.610.020 of the Richmond Municipal Code updating the regulations for accessory dwelling units and junior accessory dwelling units to conform with State law – Community Development Department (Lina Velasco/Avery Stark 510-620-6714).
P.2 Ordinance Modifying Chapter 12.19 of the Richmond Municipal Code entitled “Onsite Wastewater Treatment Systems.”)
INTRODUCE an ordinance (first reading) amending Chapter 12.19 of the Richmond Municipal Code entitled "Onsite Wastewater Treatment Systems" to establish temporary sewage holding tank construction standards and a permitting process for properties unable to connect to the sanitary sewer system – Public Works Department (Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620-5482/José Valenzuela 510-620-6955). THIS ITEM IS WITHDRAWN FROM THE AGENDA.
Q. NEW BUSINESS
Q.1 2025 Annual Military Equipment Use Report 958
ADOPT a resolution approving the Richmond Police Department’s 2025 Annual Military Equipment Use Report and authorizing the continued use of approved military equipment consistent with Government Code sections 7070 through 7075, Policy Manual section 707, and the findings required by Government Code section 7071(d) – Police Department (Chief Timothy Simmons/Captain John Lopez 510-621-1802). This item was continued from the June 16, and July 7, 2026, meeting. Public input on this matter was received during the July 7, 2026, meeting. The Council will now discuss this item without additional public comment.
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10 Q.2 Resolution to Establish a Public Lands Policy 1054 ADOPT a resolution that establishes a Public Lands Policy and DIRECT the city manager and city attorney to deliver and implement the policy effective immediately – Councilmember Cesar Zepeda (510-620-6593).
Q.3 Contract Amendment No. 2 with Just Cities, LLC for completion of the Housing Equity Roadmap as specified in the Housing Element
1062
APPROVE a second contract amendment with Just Cities, LLC to support completion and implementation of the Housing Equity Road Map increasing the payment limit by $49,999, for a total payment limit of $209,994, and extending the term through December 31, 2027– Community Development Department (Lina Velasco 510-620-6841/Jesus Morales 510-620-6649). This item was continued from the June 16, June 23, and July 7, 2026, meetings.
Q.4 23rd Street Ciclovía Pilot Project 1148
RECEIVE an update on the proposed 23rd Street Ciclovía Pilot Project and PROVIDE DIRECTION to staff regarding whether this effort should be prioritized within the current Transportation and Public Works work plan, including consideration of staffing capacity, cost, trade-offs with existing Council-directed priorities, and impacts to ongoing traffic safety, traffic calming, grant-funded project delivery, and resident/Council traffic-related requests - Public Works Department (Gail Payne 510-620-6716/Daniel Chavarria 510- 620-5478). This item was continued from the June 16, June 23, and July 7, 2026, meetings.
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11 Q.5 Implementing Wildfire Taskforce Recommendation Regarding Enforcing Weed Abatement Ordinance
1173
ADOPT the recommendations of the Wildfire Preparedness Ad Hoc Committee and DIRECT the City Attorney's Office, in collaboration with the City Administration, to implement the following actions and return to the City Council within 90 days with any necessary ordinances, resolutions, contracts, budget appropriations, and additional implementation plans:
Defensible Space Appeal ProcessDirect the City Attorney's Office to evaluate the current appeal process for enforcement of defensible space violations under the Richmond Municipal Code, including whether appeal timelines can be shortened for parcels located within the Local Responsibility Area (LRA) and the City's designated wildfire hazard zones, and return to the City Council with recommendations for any necessary amendments to the Richmond Municipal Code.
1. Vegetation Management ContractDirect staff to establish an on-call vegetation management services contract for parcels within wildfire hazard zones where property owners fail to comply with defensible space requirements following all applicable enforcement procedures, and determine the appropriate department to administer and oversee the contract.
2. Resident Assistance ProgramDirect staff to develop a one-year pilot Resident Assistance Program to assist eligible homeowners with weed abatement ordinance and defensible space improvements within 0–30 feet of structures, with priority given to hazards located within Zone 0, and return to the City Council with program guidelines, eligibility criteria, funding options, and implementation recommendations.
3. Implementation ReportDirect staff to return to the City Council within 60 days with an implementation plan, including proposed ordinances or policy amendments, estimated costs, potential funding sources, staffing requirements, and a proposed implementation schedule for each recommendation – Councilmember Soheila Bana (510-620- 6743)/Councilmember Cesar Zepeda (510-620-6593). This item was continued from the July 7, 2026, meeting.
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12 Q.6 Richmond Government Accountability, Transparency, and Ethics Act (Richmond GATE Act) Placing a Ballot Initiative on the November 2026 Ballot to Adopt an Ordinance that Establishes an Independent Ethics Commission 1177
RECEIVE a presentation on the Richmond Government Accountability, Transparency, and Ethics Act (Richmond GATE Act); DIRECT the city attorney to prepare an ordinance and related ballot measure documents for City Council consideration; and DIRECT staff to calendar this item to adopt the ballot initiative resolution on July 21, 2026 and in no event later than July 28, 2026, to meet the November 2026 ballot deadline, this item must be heard before final adjournment — Councilmember Cesar Zepeda (510-620-6590)/Councilmember Soheila Bana (510-672-3490)/Councilmember Jamelia Brown (510-412-2050).
This item was continued from the July 7, 2026, meeting.
R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) S. ADJOURNMENT
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13
July 21, 2026
City Clerk's Office
DATE: July 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:
Pamela Christian, City Clerk
SUBJECT:
Canvass of Returns, June 2, 2026, Primary Municipal
Election
FINANCIAL IMPACT: There is no financial impact on receiving this item.
PREVIOUS COUNCIL
ACTION:
December 16, 2025
STATEMENT OF THE
ISSUE:
The City Council must adopt a resolution confirming and accepting the final results of the votes cast in June 2, 2026, Primary Municipal Election.
RECOMMENDED ACTION:
ADOPT a resolution Declaring the Canvass of Returns
and Results of the Primary Municipal Election held on
June 2, 2026 – City Clerk’s Office (Pamela Christian 510- 620-6513).
BACKGROUND
On December 16, 2025, the City of Richmond adopted Resolution No. 173-25 calling and giving notice of a primary municipal election to be held on Tuesday, June 2, 2026, for the election of certain officers, as required by the Charter of the City of Richmond (Attachment 1). The resolution also requested that the Contra Costa County Board of Supervisors consolidate the primary municipal election with the statewide primary election to be held on the same date. In addition, the resolution adopted regulations governing candidates’ statements submitted to voters, including the costs of candidates’ AGENDA
REPORT
14
July 21, 2026
statements and other fees, the word limit for candidates’ statements, and the action to be taken in the event of a tie vote.
Pursuant to the provisions of the Elections Code, the Contra Costa County Elections Department canvassed the returns of the votes cast in the City of Richmond at the Primary Election held on June 2, 2026, for candidates for mayor and councilmembers for Districts 2, 3, and 4 submitted to the electorate.
On June 29, 2026, County Clerk Kristin Connelly certified the results of the election (Attachment 2). The City Council must now adopt a resolution confirming and accepting the final results of the votes cast June 2, 2026 (Attachment 3).
DOCUMENTS ATTACHED:
Attachment 1 – Resolution No. 173-25 – Calling for the June 2, 2026, Primary Municipal Election
Attachment 2 – Certification of County Clerk as to the results of the Canvass of the City of Richmond – June 2, 2026, Primary Municipal Election
Attachment 3 – Resolution Certifying the Canvass of the June 2, 2026, Primary Municipal Election
15 16
17 18
19 20
21 Reso. No.
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, DECLARING THE CANVASS OF RETURNS AND RESULT OF THE PRIMARY MUNICIPAL ELECTION HELD ON JUNE 2, 2026, TO ELECT
MUNICIPAL OFFICERS FOR MAYOR AND COUNCILMEMBERS FOR
DISTRICTS 2, 3, AND 4
WHEREAS, the Primary Municipal Election for the City of Richmond was duly called and legally held on Tuesday, the 2nd day of June 2026, as provided by law, to elect municipal officers; and
WHEREAS, said Primary Municipal Election was held on Tuesday, June 2, 2026, in accordance with law and the Charter of said City and with Chapter 2.16 of the Municipal Code of the City of Richmond, and the votes thereat received and canvassed, and the returns thereof ascertained, determined, and declared in all respects as required by law.
NOW THEREFORE BE IT RESOLVED by the Council of the City of Richmond, as follows:
1. That the statement of the County Clerk of the County of Contra Costa of the votes casts, set forth in Exhibit “A” attached hereto and by this reference made a part hereof, is hereby approved and adopted and is hereby entered on the Minutes of this Council as a statement of the result of said election.
2. That the total number of votes given to the position of Mayor and three Councilmembers was as follows:
MAYOR (Four-Year Term)
CLAUDIA JIMENEZ 8,619 – 38.56%
AHMAD ANDERSON 6,254 – 27.98%
EDUARDO MARTINEZ 4,355 – 19.48%
DEMNLUS JOHNSON III 2,213 – 9.90%
MARK WASSBERG 910 – 4.07%
TOTAL VOTES 22,351
COUNCILMEMBER – DISTRICT 2 (Four-Year Term)
CESAR ZEPEDA 2,583 – 100%
TOTAL VOTES 2,583
COUNCILMEMBER – DISTRICT 3 (Four-Year Term)
DORIA ROBINSON 1,629 – 68.94%
BRANDON EVANS 734 – 31.06%
TOTAL VOTES 2,363
COUNCILMEMBER – DISTRICT 4 (Four-Year Term)
SOHEILA BANA 3,431 – 67.71%
JAMIN PURSELL 1,164 – 22.9%
KEYCHA GALLON 472 - 9.32%
TOTAL VOTES 5,067
3. That at said Primary Municipal Election the following named persons received the largest number of votes for the office of Mayor and will 22 Reso. No.
advance to the General Municipal Election to be held on Tuesday, November 3, 2026:
Claudia Jimenez Mayor
Ahmad Anderson Mayor
4. That at said Primary Municipal Election the following named persons received the largest number of votes for the office of Councilmember within their district and were, therefore, duly elected to the office for which they were a candidate, and each having received the largest number of votes cast for any person for such office is hereby declared to be duly and regularly elected to such office for the term commencing January 12, 2027, and the City Clerk is hereby directed to issue a Certificate of Election to each of said persons, certifying their election to the office appearing after their name, and to administer to each of said persons the oath of office prescribed by the Constitution and laws of the State of California and the Charter of said City, to wit:
Cesar Zepeda Councilmember – District 2 (four-year term) Doria Robinson Councilmember – District 3 (four-year term) Soheila Bana Councilmember – District 4 (four-year term)
I certify that the foregoing resolution was adopted by the Council of the City of Richmond at a regular meeting held on July 21, 2026, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
______________________________
Clerk of the City of Richmond
Approved:
Mayor
Approved as to form:
City Attorney
23 Cc26May2026 – jc/prc
RICHMOND, CALIFORNIA, May 26, 2026
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL
The Special Meeting of the Richmond City Council was called to order at 3:32 p.m. by Vice Mayor Doria Robinson.
B. PLEDGE OF ALLEGIANCE
Vice Mayor Doria Robinson led the Pledge of Allegiance to the Flag.
C. ROLL CALL
Present: Councilmembers Jamelia Brown, Claudia Jimenez, Sue Wilson, Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez. Absent: Councilmember Soheila Bana arrived after the roll was called at 3:45 p.m.
D. STATEMENT OF CONFLICT OF INTEREST
None.
E. AGENDA REVIEW
None.
F. BUDGET SESSION
F.1 Budget Study Session on Proposed Fiscal Year 2026-27 Operating Budget and Fiscal Year 2026-31 Five-Year Capital Improvement Plan and Department Presentations
RECEIVE the draft Fiscal Year 2026-27 Annual Operating Budget and Fiscal Year 2026-31 Five-Year Capital Improvement Plan Budget presentation; RECEIVE updates on departmental operations and services from the following departments: City Attorney’s Office, City Clerk’s Office, City Manager’s Office, Fire and Internal Services; and upon completion of departmental presentations PROVIDE DIRECTION to staff prior to final budget adoption – City Manager’s Office/Finance Department (Shasa Curl/Emily Combs/Mubeen Qader 510-412- 2077).
City Manager Shasa Curl introduced the item. Ms. Curl, Senior Assistant City Attorney James Atencio, Deputy Director of Finance Mubeen Qader, and Fire Chief Aaron Osorio presented a PowerPoint: Draft Budget Department Presentations/Budget Updates
(City Council took a recess at 4:29 p.m. The City Council returned from recess and reconvened at 4:33 p.m.)
Interim City Attorney Shannon Moore, Deputy City Clerk Sabrina Lundy, and Administrative Chief Patrick Seals presented a PowerPoint: Draft Budget Department Presentations/Budget Updates
(City Council took a recess at 5:19 p.m. The City Council returned from recess and reconvened at 5:22 p.m.)
24 Cc26May2026 – jc/prc
Deputy City Manager Nickie Mastay presented a PowerPoint: Draft Budget Department Presentations/Budget Updates
(City Council took a recess at 5:40 p.m. The City Council returned from recess and reconvened at 5:44 p.m.)
Director of Public Works Daniel Chavarria, Senior Civil Engineer Wendy Wellbrook, Capital Project Manager Darcie DeLashmutt, Assistant Deputy Director of Public Works Darin Fitzpatrick, Senior Transportation Planner Gail Payne, and Director of Finance Emily Combs presented a PowerPoint: Draft Budget Department Presentations/Budget Updates
Cordell Hindler gave comments in person. Benjamin Therriault, Keri Sullivan, and Kevin Tisdell gave comments via teleconference.
Discussion ensued. The Council scheduled a special meeting on June 9, 2026, at 3:30 p.m., to discuss the budget and provide direction.
G. ADJOURNMENT
The meeting adjourned at 6:31 p.m.
H. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:47 p.m. by Mayor Eduardo Martinez.
I. ROLL CALL
Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Sue Wilson, Cesar Zepeda, and Mayor Eduardo Martinez. Absent: Vice Mayor Doria Robinson arrived after the roll was called at 7:37 p.m.
J. STATEMENT OF CONFLICT OF INTEREST
Vice Mayor Robinson reported a conflict of interest for Item P.5.a (Submit Applications for Bay Area Air Quality Management District Grant Programs) and recused herself from the discussion and vote.
K. AGENDA REVIEW
Item P.1.a (Contract with Thomson Reuters Enterprise for Legal Research Subscription Services) was continued to the June 16, 2026, meeting.
Item P.3.a (Honoring the Richmond Emergency Communications (EmComm¹) volunteers for their leadership and service, celebrating the installation of the City Hall emergency antenna, and declaring April 30, 2026, as " Richmond Emergency Communications Volunteer Day) was continued to the June 23, 2026, meeting.
Items S.3 (Consider Amending Richmond Municipal Code Chapter 11.05 entitled “Fireworks”) and S.4 (Recommend Dedicating a Literacy Space in the Richmond Public Library in Honor of Abigail Sims-Evelyn) were moved to the consent calendar.
L. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
None.
M. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl provided a report. Link to view report: City Manager's Report 25 Cc26May2026 – jc/prc
N. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
N.1 Proclamation Honoring Abigail Sims-Evelyn for Her Service and Contributions to Literacy and Community Uplift in Richmond PROCLAMATION honoring Abigail Sims-Evelyn for her compassionate leadership, dedicated service, and enduring contributions to literacy, learning, and community uplift in the City of Richmond – Mayor Eduardo Martinez (510-620- 6503).
Deputy City Clerk Sabrina Lundy read the item into the record and noted Mayor Martinez, Councilmember Brown, and Councilmember Jimenez as sponsors of the item. Councilmember Brown introduced the item. Councilmember Brown and Mayor Martinez read the proclamation. The Council presented the proclamation to Abigail Sims-Evelyn's daughter. Ms. Sims-Evelyn's daughter, Mayor Martinez, and Councilmember Jimenez gave remarks. Cordell Hindler gave comments in person. Kevin Tisdell gave comments via teleconference.
N.2 Proclamation Celebrating 30 years of the Richmond United Soccer Club PROCLAMATION recognizing the 30th anniversary of the Richmond United Soccer Club, the oldest soccer organization in Richmond, and its multigenerational impact and role in crime reduction, pathways to career and educational opportunities, immigrant rights to support Richmond youth and families by providing access to safe, structured extracurricular activities that have been shown to support positive youth outcomes, including improved physical health, academic engagement, and social-emotional development, in crime reduction which led to the lowest homicide rates in the history of our City - Councilmember Claudia Jimenez (510-620-6565).
Councilmember Jimenez introduced the item. Councilmember Jimenez and Mayor Martinez read the proclamation. The Council presented the proclamation to Samantha Torres on behalf of the Richmond United Soccer Club. Ms. Torres, Mayor Martinez, and Anderson gave remarks.
Cordell Hindler, Anderson, Samantha Torres, and Tulio gave comments in person.
N.3 May is National Bike Month
PROCLAMATION recognizing May as National Bike Month and encouraging residents to participate in biking events – Mayor Eduardo Martinez (510-620- 6503).
Mayor Martinez introduced the item. Mayor Martinez read the proclamation. The Council presented the proclamation to Maria "Downhill Diva." Maria and Councilmember Bana gave remarks.
Cordell Hindler gave comments in person.
N.4 Proclamation Declaring May 2026 as Affordable Housing Month PROCLAMATION to declare the month of May 2026, as Affordable Housing Month in the City of Richmond to draw attention to the ongoing housing affordability crisis in our region and to renew the City of Richmond’s commitment to ensuring that all community members have safe, stable, and affordable places to call home - Councilmember Claudia Jimenez (510-620- 6565).
Councilmember Jimenez introduced the item. Councilmember Jimenez and Mayor Martinez read the proclamation. The Council presented the proclamation 26 Cc26May2026 – jc/prc
to Princess Robinson on behalf of the East Bay Housing Organization. Ms.
Robinson gave remarks.
Cordell Hindler and Claudia Citroen gave comments in person.
O. 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)
The following individuals gave comments in person:
Timothy Simmons commended the City for recent improvements made to Shields-Reid Park.
Cordell Hindler gave comments in support of item P.12.e (Proclamation Recognizing Juneteenth and the Contributions of African Americans to Richmond). Mr. Hindler also gave comments in support of Pride Month.
Claudia Citroen expressed concerns regarding Council meeting agendas and the manner in which meetings are conducted.
Antwoin Cloird gave comments regarding plume clouds. Mr. Cloird also expressed concern regarding infrastructure and response planning for large scale emergencies in the City.
Janice Haugan and Julie Freestone gave comments regarding enforcement for illegal fireworks.
Coire Reilly gave comments regarding Contra Costa Transportation Authority programs that support clean commutes.
Mark Wassberg expressed concerns regarding members on the Council.
Nancy Powell gave comments regarding enforcement for illegal fireworks.
The following individuals gave comments via teleconference:
Carlos Juarez and Johana Gurdian expressed concern regarding parking enforcement and street sweeping schedules on Nevin Avenue.
LZ Zephyr expressed concerns regarding illegal fireworks.
Benjamin Therriault gave comments regarding the Police department budget, staffing levels, and labor negotiations between the Police Officer's Association and the City.
P. 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.)
The Council voted on Item P.5.a (Submit Applications for Bay Area Air Quality Management District Grant Programs) separately from the rest of the consent calendar.
Vice Mayor Robinson was recused from the vote on Item P.5.a.
The Council then took a vote on the remainder of the items on the consent calendar.
Motion by Mayor Eduardo Martinez
Seconded by Councilmember Jamelia Brown
To approve all items on the consent calendar including Item S.3 (Consider Amending Richmond Municipal Code Chapter 11.05 entitled “Fireworks”) and Item S.4 27 Cc26May2026 – jc/prc
(Recommend Dedicating a Literacy Space in the Richmond Public Library in Honor of Abigail Sims-Evelyn) and excluding Item P.1.a (Contract with Thomson Reuters Enterprise for Legal Research Subscription Services), Item P.3.a (Honoring the Richmond Emergency Communications (EmComm¹) volunteers for their leadership and service, celebrating the installation of the City Hall emergency antenna, and declaring April 30, 2026, as " Richmond Emergency Communications Volunteer Day), and Item P.5.a (Submit Applications for Bay Area Air Quality Management District Grant Programs).
Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Sue Wilson, Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez.
Councilmember Wilson voted no on Item S.3 (Consider Amending Richmond Municipal Code Chapter 11.05 entitled “Fireworks”).
Passed
P.1 City Attorney's Office
P.1.a Contract with Thomson Reuters Enterprise for Legal Research Subscription Services
APPROVE a contract with Thomson Reuters for legal research subscription services for Westlaw and CoCounsel Legal in an amount not to exceed $110,000 for the term of July 1, 2026, through June 30, 2029, subject to non-substantive revisions approved by the City Attorney’s Office; and AUTHORIZE the city manager or their designee to execute the contract – City Attorney’s Office (Christopher Dykzeul 510-620- 6507/Shannon Moore 510-620-6509). This item was continued from the May 19, 2026, meeting.
The item was continued to the June 16, 2026, meeting.
P.2 City Clerk's Office
P.2.a Meeting Minutes
APPROVE the minutes of the April 28 and May 5, 2026, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).
P.3 City Council
P.3.a Honoring the Richmond Emergency Communications (EmComm¹) volunteers for their leadership and service, celebrating the installation of the City Hall emergency antenna, and declaring April 30, 2026, as "Richmond Emergency Communications V olunteer Day
PROCLAMATION honoring the Richmond Emergency Communications volunteers for their leadership and service, celebrating the installation of the City Hall emergency antenna, and declaring April 30, 2026, as "Richmond Emergency Communications V olunteer Day" -
Councilmember Soheila Bana (510-672-3490).
The item was continued to the June 23, 2026, meeting.
P.4 City Manager's Office
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P.4.a Fiscal Year 2026-2027 Richmond Fund for Children and Youth Participatory Grantmaking Grant Awardee Recommendation
ADOPT a resolution approving a recommendation from the Richmond for Children and Youth (RFCY) Oversight Board to award fourteen (14) RFCY grants to youth-serving public and nonprofit organizations for a total amount not to exceed $497,000 for Fiscal Year 2026-27; and AUTHORIZE the city manager, or their designee to negotiate and execute Grant Service Agreements with the approved grantees – Richmond Department of Children & Youth (Jora Atienza Washington/Patrick Seals 510-620-6512).
Adopted Resolution No. 73-26
P.5 Community Development
P.5.a Submit Applications for Bay Area Air Quality Management District Grant Programs
ADOPT a resolution to AUTHORIZE the submission of multiple applications for Bay Area Air Quality Management District (BAAQMD) Reinvesting Penalties for Air Improvement and Resilience (REPAIR) Program grants and AUTHORIZE the city manager or their designee to adjust project budgets, scopes, and allocations as needed for application completeness and, if awarded, to execute agreements with BAAQMD and co-applicants to implement projects receiving grant funds – Community Development Department (Lina Velasco/Beatriz Guerrero 510-620-5450).
Motion by Mayor Eduardo Martinez
Seconded by Councilmember Claudia Jimenez
To approve the item.
Ayes (6): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Sue Wilson, Cesar Zepeda, and Mayor Eduardo Martinez.
Recused (1): Vice Mayor Doria Robinson
Passed
Adopted Resolution No. 74-26
P.5.b Contracts for On-Call Transcription Services for Public Meetings ADOPT a resolution to APPROVE contracts with Anita L. Tucci-Smith, Mary Lynn Porter, and Sherri L. Lewis for on-call transcription services in an amount not to exceed $50,000 per vendor for an initial three-year term, with the option to extend the contracts for up to two additional years - Community Development Department (Lina Velasco/Avery Stark 510- 620-6706).
Adopted Resolution No. 75-26
P.6 Economic Development
P.6.a Contract Amendment No. 5 with Wiss, Janney, Elstner Associates, Inc. for Architectural and Structural Consulting Services at Winehaven and Shipyard No. 3
ADOPT a resolution to APPROVE fifth contract amendment with Wiss, Janney, Elstner Associates, Inc. (WJE) for architectural and structural consulting services for buildings at Winehaven and Shipyard No. 3, 29 Cc26May2026 – jc/prc
increasing the payment limit by $62,280, total payment limit of $822,280, and extending the contract term to December 31, 2027 – Port of Richmond (Charles Gerard 510-620-6792).
Adopted Resolution No. 76-26
P.7 Finance Department
P.7.a Setting Tax Rate for the Pension Tax Override Fund for Fiscal Year 2026- 27 ADOPT an ordinance (second reading) setting the tax rate for the Tax Override Pension Fund for Fiscal Year 2026-2027 at 0.14 percent – Finance Department (Emily Combs/Mubeen Qader/ Antonio Banuelos 510-620-6741).
Adopted Ordinance No. 07-26 N.S.
P.8 Fire Department
P.8.a Contracts for On-call Fire Prevention Services Plan Review and Related Inspection Services
ADOPT a resolution to APPROVE on-call Fire Prevention Services Plan Review and Related Inspection Services contracts with: (1) 4Leaf, Inc.; (2) BPR Consulting Group; (3) CSG Consultants, Inc. in an amount not to exceed $600,000 per firm, for a three-year contract term with two one- year extension options not to exceed an additional $200,000 per year, per firm – Fire Department (Chief Aaron Osorio 510-307-8021/Fire Marshal Dante J. Wiley 510-307-8090).
Adopted Resolution No. 77-26
P.8.b Standing Purchase Order with Municipal Emergency Services for Firefighting Equipment, Personal Protective Equipment, and Self- Contained Breathing Apparatus
APPROVE three standing purchase orders with Municipal Emergency Services (MES), under Master Price Agreements publicly solicited by Sourcewell, State of Minnesota Local Government Unit, including: (1) Solicitation/Contract #020124-MES for Firefighting Equipment; (2) Solicitation/Contract #010424-MES for Firefighting Personal Protective Equipment; and (3) Solicitation/Contract #011824-MES for Self- Contained Breathing Apparatus, for the purchase of firefighting equipment, personal protective equipment, and firefighter self-contained breathing apparatus, in an amount not to exceed $750,000 per purchase order through March 15, 2028, with the option to extend each purchase order for up to two additional one-year terms in an amount not to exceed an additional $250,000 per purchase order – Fire Department (Chief Aaron Osorio 510-307-8021/Deputy Chief Rico Rincon 510-307-8041/Den Mark Marcelo 510-307-8038).
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P.9 Human Resources
P.9.a Side Letter with the Richmond Fire Management Association Regarding Special Compensation Practices
ADOPT a resolution executing a Side Letter with the Richmond Fire Management Association (RFMA) regarding special compensation of the California Public Employees’ Retirement System – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
Adopted Resolution No. 78-26
P.10 Interval Services
P.10.a Contract Amendment No. 2 with Anita L. Tucci-Smith for Transcription Services
APPROVE a second amendment to the contract with Anita L. Tucci-Smith for professional transcription services for the Community Review Police Commission, increasing the contract by $18,000, for a total payment limit of $28,000, while maintaining the term expiration of June 30, 2027 – Internal Services (Nickie Mastay/Nicole Williams 510-620-6603).
P.11 Library and Community Services
P.11.a Contract with OCLC, Inc., for Library Cataloging and Metadata Subscription Services
APPROVE a sole-source contract with OCLC, Inc., for library cataloging and metadata subscription services, for a 3-year term beginning July 1, 2026, and ending June 30, 2029, for a total not-to-exceed contract amount of $150,000 - Community Services Department (Yvette Williams-Barr 510-307-8165/Kate Eppler 510-620-5452).
P.11.b Accept the CalTrans Clean California Grant Funds for the Stronger Together Richmond Cleanup and Leadership Program
ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $255,000 from the State of California Department of Transportation (CalTrans) Clean California Community Clean Up and Employment Program Grant Fund; and AUTHORIZE the city manager or their designee to execute the agreement – Community Services- Recreation (LaShonda White/Ranjana Maharaj/Jene Levine- Snipes 510- 307-8132).
Adopted Resolution No. 79-26
P.12 Mayor's Office
P.12.a Appointment of Javier Cabra to the Library Commission APPOINT Javier Cabra to the Library Commission to a vacant seat with a new term ending July 1, 2029 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
P.12.b Reappointment of Kiran Agarwal to the Commission On Aging 31 Cc26May2026 – jc/prc
REAPPOINT Kiran Agarwal to the Commission On Aging to a vacant seat with a new term ending May 19, 2030 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
P.12.c Appointment of Jay Krohnengold to the Richmond Arts & Culture Commission
APPOINT Jay Krohnengold to the Richmond Arts and Culture Commission to a vacant seat with a new term ending January 31, 2030 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
P.12.d Boards and Commissions Vacancies Report
ACKNOWLEDGE vacancies on City of Richmond Boards, Commissions, and Committees as of May 26, 2026, and ask that interested individuals send applications to the City Clerk – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
P.12.e Proclamation Recognizing Juneteenth and the Contributions of African Americans to Richmond
PROCLAMATION recognizing Juneteenth and the contribution of African Americans to the City of Richmond - Mayor Eduardo Martinez (510-620- 6503), Vice Mayor Doria Robinson (510-620-6861), and Councilmember Jamelia Brown (510-412-2050). The proclamation will be presented at the flag raising ceremony scheduled for June 1, 2026.
P.12.f Proclamation recognizing June 2026 as Pride Month in the City of Richmond
PROCLAMATION recognizing June 2026 as Pride Month in the City of Richmond - Mayor Eduardo Martinez (510-620-6503), Councilmember Cesar Zepeda (510-620-6861), and Councilmember Jamelia Brown (510- 412-2050).
P.13 Police Department
P.13.a Contract with SoundThinking, Inc. for ShotSpotter Flex System Infrastructure
APPROVE a sole source contract with SoundThinking, Inc. (formerly ShotSpotter, Inc.) for the maintenance, service, and support of the Police Department’s ShotSpotter Flex gunshot detection system, in an amount of $1,242,196 for the five-year period July 1, 2026, through June 30, 2031 – Police Department (Chief Timothy Simmons 510-620-1802).
P.13.b Purchase of Ballistic Armor Torso Plates from TYR Tactical APPROVE the purchase of replacement rifle-rated ballistic armor torso and side plates from TYR Tactical in an amount not to exceed $36,465.54, which includes a 5 percent contingency – Police Department (Chief Timothy Simmons 510-621-1802).
P.13.c Purchase of Ballistic Vests from Crye Precision
APPROVE the purchase of replacement ballistic vests from Crye Precision in an amount not to exceed $21,064.80, which includes a 6 percent contingency – Police Department (Chief Timothy Simmons 510- 621-1802).
P.14 Public Works
32 Cc26May2026 – jc/prc
P.14.a Contract with AAA Backflow Prevention, Inc. for On-Call Backflow Inspection, Testing, and Repair Services
ADOPT a resolution to APPROVE a contract with AAA Backflow Prevention, Inc. for on-call backflow inspection, testing, and repair services with a not-to-exceed amount of $150,000, for an initial three-year term with two one-year extension options, for a total payment limit of $250,000 - Public Works Department (Daniel Chavarria 510-620- 5478/Darin Fitzpatrick 510-231-3044)
Adopted Resolution No. 80-26
P.14.b Contract with Myers & Sons Construction, LLC for the Bridge Preventive Maintenance Project
ACCEPT and APPROPRIATE updated Bridge Preventive Maintenance Program (BPMP) grant funds in an amount not to exceed $3,246,395; ADOPT a resolution awarding a construction contract to Myers & Sons Construction, LLC., as the lowest responsive and responsible bidder, for the Bridge Preventive Maintenance Project in an amount not to exceed $3,035,583.70, including a base bid of $2,639,638.00 and a 15 percent (15%) contingency; AUTHORIZE the city manager or their designee to execute the contract and the director of public works to approve change orders within the approved contingency amount; and APPROPRIATE additional Gas Tax Fund (Fund 1002) matching funds in the amount of $78,792 to the Project - Public Works Department (Hillal Hamdan 510- 621-1612/Daniel Chavarria 510-620-5478).
Adopted Resolution No. 81-26
P.14.c April 2026 Abatement Report
RECEIVE a report on the April 2026 abatement activities – Public Works Department (Daniel Chavarria 510-620-5478/Darin Fitzpatrick 510-231- 3044/Hugo Mendoza 510-231-3030).
P.14.d Contract Amendment No. 2 with SCI Consulting Group to Prepare the Hilltop Assessment Districts Annual Engineer’s Report
ADOPT a resolution to APPROVE the second amendment to a contract with SCI Consulting Group to prepare the Hilltop Assessment Districts Annual Engineer’s Report necessary to levy assessments for Fiscal Year 2026-2027, extending the contract term through December 31, 2026, and increasing payment limit by $11,590, for a total contract payment limit of $66,340 – Public Works Department (Daniel Chavarria 620-5478/Darin Fitzpatrick 510-231-3044).
Adopted Resolution No. 82-26
P.14.e Ordinance Amending Sidewalk Vendor Regulations (RMC Chapter 7.42) ADOPT an ordinance (second reading) amending Chapter 7.42 of the Richmond Municipal Code (Sidewalk Vendor Ordinance) to update administrative procedures, waiver provisions, and enforcement mechanisms - Public Works Department (Andy Cho 620-6547/Daniel Chavarria 620-5478).
Adopted Ordinance No. 08-26 N.S.
Q. BUDGET SESSION
33 Cc26May2026 – jc/prc
Q.1 Engineer’s Report for Fiscal Year 2026-27 for the Marina Bay Landscape and Lighting Maintenance District (MBLLMD)
ADOPT a resolution approving the Engineer’s Report for Fiscal Year (FY) 2026- 27 for the Marina Bay Landscaping and Lighting Maintenance District (MBLLMD), declaring the City Council’s intention to increase the annual assessment in the MBLLMD, and setting a public hearing about the proposed increased assessment on June 23, 2026, at 6:00 PM in City Council Chambers at 440 Civic Center Plaza in the City of Richmond – Public Works Department (Daniel Chavarria 510-620-5478/Jason Lacey 510-620-6920.
Director of Public Works Daniel Chavarria introduced the item. Parks Superintendent Jason Lacey, SCI Consulting Group Representative Jason Bliss, and Mr. Chavarria presented a PowerPoint: Landscape and Lighting Maintenance District
Willdan Financial Services Representative Samantha Labitan presented a PowerPoint: Marina Bay Landscape and Lighting Maintenance District Cordell Hindler gave comments in person. Kevin Tisdell gave comments via teleconference. Discussion ensued.
The Council requested and/or suggested the following: more information on the specific dollar amounts needed to provide basic level of service citywide; more information on the definition of basic level of service; and that discussion on citywide basic level of service take place during the upcoming budget item on June 9, 2026.
Motion by Mayor Eduardo Martinez
Seconded by Councilmember Claudia Jimenez
To approve the item.
Ayes (6): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Sue Wilson, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez.
Abstain (1): Councilmember Cesar Zepeda
Passed
Adopted Resolution No. 83-26
Q.2 Preliminary Engineer’s Report and Intent to Levy Assessments for Hilltop Landscape Maintenance District (HLMD) for Fiscal Year (FY) 2026-27 ADOPT a resolution approving the preliminary Engineer’s Report for Fiscal Year 2026-27 for the Hilltop Landscape Maintenance District (HLMD); DECLARE the City Council’s intention to increase and collect the annual assessments; and SET a public hearing about the proposed increased assessment on June 23, 2026, at 6:00 PM in City Council Chambers at 440 Civic Center Plaza in the City of Richmond – Public Works Department (Daniel Chavarria 510-620-5478/Jason Lacey 510- 620-6920).
Director of Public Works Daniel Chavarria introduced the item. SCI Consulting Group Representative Jason Bliss presented a PowerPoint: Hilltop Landscape and Lighting Maintenance District
Cordell Hindler gave comments in person. Coire Reilly and Kevin Tisdell gave comments via teleconference. Discussion ensued.
Motion by Councilmember Claudia Jimenez
Seconded by Mayor Eduardo Martinez
34 Cc26May2026 – jc/prc
To approve the item.
Ayes (6): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Sue Wilson, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez.
Noes (1): Councilmember Cesar Zepeda
Passed
Adopted Resolution No. 84-26
R. PUBLIC HEARINGS
R.1 General Plan and Zoning Text Amendments Related to 6th Cycle Housing Element Program Implementation
HOLD a public hearing; INTRODUCE (first reading) an ordinance, as recommended by Richmond’s Planning Commission, amending Articles
15.04.104, 15.04.201, 15.04.202, 15.04.203, 15.04.602, 15.04.607; Sections
15.04.610.180, 15.04.610.360, 15.04.805.040 and 15.04.806.040 of the Richmond Municipal Code (RMC); and ADOPT a resolution, as recommended by Richmond’s Planning Commission, amending the General Plan 2030 Land Use and Urban Design Element, to implement certain programs identified in the City’s adopted 6th Cycle Housing Element to align with recent changes to State Law - Community Development Department (Lina Velasco/Avery Stark 510-620-6714).
This item was continued from the May 19, 2026, meeting.
Community Development Director Lina Velasco introduced the item. Ms. Velasco gave an overview of the item. Planning Manager Avery Stark presented a PowerPoint: General Plan/Zoning Text Amendments
Claudia Citroen gave comments via teleconference. Discussion ensued.
Motion by Mayor Eduardo Martinez
Seconded by Councilmember Claudia Jimenez
To approve the item.
Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Sue Wilson, Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez.
Passed
Adopted Resolution No. 85-26
R.2 Levy of Special Assessments for Unpaid Administrative Citation and Nuisance Abatement Costs
HOLD a public hearing; and ADOPT a resolution authorizing the levy of special assessments against certain properties with unpaid invoices related to administrative citation fees, and nuisance abatement costs pursuant to Richmond Municipal Code Chapters 2.62, 6.38, 9.22, and 11.76 – Community Development Department/Code Enforcement Division (Lina Velasco/Eva Mann 510-621-1279).
This item was continued from the May 19, 2026, meeting.
Community Development Director Lina Velasco introduced the item. Ms. Velasco gave an overview of the item. Discussion ensued.
Claudia Citroen and Kevin Tisdell gave comments via teleconference.
Motion by Councilmember Soheila Bana
Seconded by Councilmember Sue Wilson
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Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Sue Wilson, Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez.
To approve the item.
Passed
Adopted Resolution No. 86-26
R.3 Master Fee Schedule Update
HOLD a public hearing; and INTRODUCE an ordinance (first reading) establishing certain fees for the proposed Master Fee Schedule – Finance Department (Emily Combs/Mubeen Qader/Antonio Banuelos 510-620-6741).
This item was continued from the May 19, 2026, meeting.
Accounting Manager Antonio Banuelos introduced the item. Mr. Banuelos gave an overview of the item.
The item was continued to the June 16, 2026, meeting.
R.4 Annual Public Hearing on Vacancies
HOLD a public hearing and RECEIVE a presentation on the status of vacancies and the City’s recruitment and retention efforts in 2025 – Human Resources (Nickie Mastay/Sharrone Taylor 510-620-6803). This item was continued from the May 19, 2026, meeting.
The item was continued to the June 16, 2026, meeting.
S. STUDY AND ACTION SESSION
S.1 Grant Award from Chevron Community Engagement Foundation ADOPT a resolution to ACCEPT and APPROPRIATE a $35,000 grant award from the Chevron Community Engagement Foundation for the Office of Neighborhood Safety (ONS) to Enhance Street Outreach/Mobile Crises Response – Community Services Department (LaShonda White/Sam Vaughn 510-620- 5404). This item was continued from the May 19, 2026, meeting.
Deputy City Clerk Sabrina Lundy read the item into the record. There were no public speakers.
Motion by Councilmember Claudia Jimenez
Seconded by Councilmember Sue Wilson
To approve the item.
Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Sue Wilson, Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez.
Passed
Adopted Resolution No. 87-26
S.2 Presentation from Richmond Promise: Helping to build a stronger Richmond by deeply supporting Richmond students to access and successfully complete post-secondary education (not only 4 year college)
RECEIVE a presentation from Richmond Promise on the organization’s current scope of services, how it supports youth before, during, and after post-secondary 36 Cc26May2026 – jc/prc
education, and the impact it has achieved to date and to highlight the program’s current needs as it continues to serve Richmond students; and DIRECT staff to explore funding to support scholarships for Richmond youth - Vice Mayor Doria Robinson (510-620-6568). This item was continued from the May 19, 2026, meeting.
At 9:51 p.m. - a motion by Mayor Martinez, seconded by Councilmember Jimenez, to suspend the rules and extend the meeting to 11:00 p.m. passed by the following vote: Ayes: Councilmembers Bana, Brown, Jimenez, Wilson, Zepeda, Vice Mayor Robinson, and Mayor Martinez. Noes: None. Absent:
None. Abstain: None.)
Richmond Promise Executive Director Christopher Whitmore introduced the item. Mr. Whitmore presented a PowerPoint: Richmond Promise Cordell Hindler, Jasmine Gonzalez, Adriana Mendoza, Chandani Battle, Dina Masoud, and Jose Barrios Lopez gave comments in person. Discussion ensued.
Motion by Councilmember Soheila Bana
Seconded by Councilmember Claudia Jimenez
To approve the item.
Ayes (7): Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Sue Wilson, Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez.
Passed
S.3 Consider Amending Richmond Municipal Code Chapter 11.05 entitled “Fireworks”
REQUEST the city attorney and the city manager to make recommendations and propose amendments to Richmond Municipal Code Chapter 11.05 of the Fireworks Ordinance that extends liability to hosts and increases administrative penalties and return to City Council for proposed recommendations within 90 days - Councilmember Cesar Zepeda (510-620-6593), Councilmember Jamelia Brown (510-609-5780), and Councilmember Soheila Bana (510-672-5242).
The item was moved to the consent calendar and approved.
S.4 Recommend Dedicating a Literacy Space in the Richmond Public Library in Honor of Abigail Sims-Evelyn
REQUEST the city manager or her designee evaluate and return to the City Council within 120 days with recommendations for dedicating a literacy area, department, center, or other appropriate space within the remodeled Richmond Public Library in honor of Abigail Sims-Evelyn and her more than 40 years of dedicated service to Richmond’s Literacy for Every Adult Program (LEAP), including potential naming options such as “The Abigail Sims-Evelyn Literacy Center,” and REQUEST the city manager or her designee review and provide recommendations regarding applicable naming procedures, fiscal impacts, signage and installation needs, community engagement opportunities, and any relevant policy considerations, and return to Council with a proposed implementation plan and recommendation for consideration - Councilmember Jamelia Brown (510-609-5780), Mayor Eduardo Martinez (510-620-6503), and Councilmember Cesar Zepeda (510-620-6593).
The item was moved to the consent calendar and approved. 37 Cc26May2026 – jc/prc
T. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) The item was not heard.
U. ADJOURNMENT
There being no further business, the meeting adjourned at 10:54 p.m., to meet again on June 16, 2026, at 6:00 p.m.
Clerk of the City of Richmond Mayor
38
July 21, 2026
Community Development
DATE: July 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
SUBJECT:
Contract with Ramboll Americas Engineering Solutions,
Inc. to Support Annual Compliance Report Monitoring
FINANCIAL IMPACT: The proposed $263,400 expenditure will be funded by applicant fees collected by the Planning Division to cover the City’s costs associated with compliance monitoring
required by the Conditional Use Permit. There is no
impact on the General Fund.
PREVIOUS COUNCIL
ACTION:
July 29, 2014
STATEMENT OF THE
ISSUE:
A conditional use permit was approved by the City of
Richmond for Chevron’s Richmond Refinery
Modernization Project. The EIR analyzed a no-net
increase (NNI) in criteria air pollutants (CAPs) and health risks from toxic air contaminants (TACs), and no project increase (NPI) in GHG emissions. The City is required to monitor the Project’s compliance annually, including its operational emissions. Community Development staff is
requesting approval of a sole source contract with
Ramboll Americas Engineering Solutions, Inc. to continue to support Planning staff in its annual review of the
Chevron Richmond Refinery’s Modernization Project
compliance report
RECOMMENDED ACTION:
APPROVE a contract with Ramboll Americas
Engineering Solutions, Inc. for an amount not-to-exceed $263,400, to support the Planning Division’s annual
review of the Chevron Richmond Refinery Modernization
Project conditional use permit compliance monitoring, for AGENDA
REPORT
39
July 21, 2026
a term ending June 30, 2031 – Community Development
(Lina Velasco/Avery Stark 510-620-6841).
DISCUSSION:
On July 29, 2014, the City of Richmond approved Conditional Use Permit and Design Review Permit No. PLN11-089 (CUP) authorizing construction and operation of the Modernization Project, which included the construction of a new hydrogen plant, improvements to the sulfur recovery units (SRUs), and related infrastructure and tie-ins.
On February 11, 2015, the Bay Area Air Quality Management District (District) reissued Authority to Construct (ATC) No. 12842 authorizing the same.
The City prepared an Environmental Impact Report (EIR) for the project and it was certified by the City on July 29, 2014, and includes the Mitigation Monitoring and Reporting Program, which was adopted by the City to mitigate Project-related impacts to less than significant. The EIR analyzed a no-net increase (NNI) in criteria air pollutants (CAPs) and health risks from toxic air contaminants (TACs), and no project increase (NPI) in GHG emissions. The CUP and ATC require the Project to achieve the NNI and NPI requirements. Chevron commenced construction on the Modernization Project in June 2016, and the Project began operating in 2019. Project construction was largely completed in 2024.
The CUP requires Chevron to submit an Annual Compliance Report each year. The Planning Commission holds annual hearings to review Chevron’s compliance with the CUP. Because Project construction is mostly complete, the City proposed that, in 2025, the Planning Commission hold hearings once every three years instead of every year, unless staff otherwise determines that such a meeting is warranted in an unscheduled year. Chevron will still be required to submit its compliance report to the City for its review annually. The City-reviewed report will also be posted online annually.
City staff is requesting a sole-source contract with Ramboll Americas Engineering Solutions, Inc. for an amount not-to-exceed $263,400, to continue to support the Planning Division in its annual review of their compliance report, for a term ending June 30, 2031. As part of the scope of work, Ramboll will support the City in its annual review of Chevron’s compliance report for the Modernization Project CUP No. PLN11- 089 for the next five years. Each year, Ramboll will review Chevron's Annual Compliance Report, assess construction and operational emissions, and conduct an independent evaluation of Chevron's compliance with the conditions in the Mitigation Monitoring and Reporting Program. Ramboll will prepare a summary report on Chevron's compliance for online publication.
Ramboll is uniquely qualified for this continued work as Ramboll has a deep understanding of CEQA, Bay Area Air District regulations, and the Modernization Project. This knowledge of the project and regulations are necessary to ensure Chevron achieves its NNI in criteria air pollutants (CAPs) and health risks from toxic air contaminants (TACs), and no project increase (NPI) in GHG emissions (Attachment 2). 40
July 21, 2026
SYNERGISTIC POLICIES:
CUP monitoring can be tied to General Plan goals related to Public Safety goals — ensuring approved uses operate safely and comply with conditions and Community Health and Wellness goals — particularly where uses may affect surrounding neighborhoods are operating in compliance with conditions. Having qualified consultants to support staff is necessary to ensure the analysis is thorough and completed timely.
CONCLUSION:
City staff recommend the City Council approve the sole-source contract with Ramboll Americas Engineering Solutions Inc. to continue supporting the annual review of the Chevron Richmond Refinery's Modernization Project CUP Compliance Report.
DOCUMENTS ATTACHED:
Attachment 1 – Contract
Attachment 2 – Sole-Source Justification
41 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
8720
Ramboll Americas Engineering Solutions, Inc. will support the City in its annual review of the Chevron Richmond Refinery's compliance report for the Modernization Project.
Ramboll Americas Engineering Solutions, Inc.
333 Bush Street, Suite 2500
San Francisco, CA 94608
Sarah Manzano
(415) 426-5011
[email protected]
4006-9549
Incorporated
July 21, 2026
June 30, 2031
263,400.00
42 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
Ramboll Americas Engineering Solutions, Inc.
43 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]:
Ramboll Americas Engineering Solutions, Inc.
See attached Ramboll scope of work, schedule and cost estimate for the annual review of compliance with CUP and MMRP for the Chevron Modernization Project:
44 1/2
June 15, 2026
Ramboll
333 Bush Street
Suite 2500
San Francisco, CA 94608
USA
T +1 510 655 7400
F +1 510 655 9517
www.ramboll.com
Dear Ms. Velasco:
Thank you for the opportunity to continue to support the City of Richmond (the City) on the annual reviews of the Chevron Richmond Refinery’s (Chevron) compliance reporting for the Modernization Project for the next five years. We have prepared a scope of work, a general timeline for the next five-years, and a proposed not-to-exceed cost estimate for your review.
BACKGROUND
On July 29, 2014, the City of Richmond approved Conditional Use Permit and Design Review Permit No. PLN11-089 (CUP) authorizing construction and operation of the Modernization Project, which included the construction of a new hydrogen plant, improvements to the sulfur recovery units (SRUs), and related infrastructure and tie-ins. On February 11, 2015, the Bay Area Air Quality Management District (District) reissued Authority to Construct (ATC) No. 12842 authorizing the same. In approving the CUP and the ATC, the City and the District relied upon the Final Environmental Impact Report (EIR) which was prepared in compliance with the California Environmental Quality Act (CEQA). The EIR was certified by the City on July 29, 2014 and includes the Mitigation Measure Monitoring and Reporting Program which was adopted by the City to mitigate Project-related impacts to less than significant. The EIR analyzed a no net increase (NNI) in criteria air pollutants (CAPs) and health risks from toxic air contaminants (TACs), and no project increase (NPI) in GHG emissions. The CUP and ATC require the Project to achieve the NNI and NPI requirements. Chevron commenced construction on the Modernization Project in June 2016 and the Project began operating in 2019. Project construction was largely completed in 2024.
The CUP requires Chevron to submit an Annual Compliance Report each year. The Planning Commission holds annual hearings to review Chevron’s compliance with the CUP. Because Project construction is mostly complete, in 2025, the City proposed that Planning Commission hold hearings once every three years instead of every year unless staff otherwise determines such a meeting is warranted in an unscheduled year. Chevron will still be required to submit its compliance report to the City for its review annually. The City-reviewed report will be posted online annually as well.
RAMBOLL’S QUALIFIACTIONS
Ramboll understands the City requested a contract for the annual compliance reviews of the Modernization Project. Ramboll is uniquely qualified for this continued work as Ramboll has a deep understanding of the Modernization Project, its EIR, CEQA in general, Bay Area air quality regulations.
Delivered via Electronic Mail
Lina Velasco
City of Richmond, California
Planning Department
450 Civic Center Plaza
Richmond, CA 94804
[email protected]
SCOPE OF WORK: ANNUAL REVIEW OF COMPLIANCE WITH CUP AND THE
MMRP FOR THE CHEVRON MODERNIZATION PROJECT
45 2/2
In 2011, Ramboll supported the City on the preparation of the EIR for Modernization Project. Ramboll also prepared the emission calculations tools Chevron uses track Project emissions from construction and operation. The EIR requires compliance with emissions requirements to be determined using the same methodologies prescribed in the EIR. The emission calculations tools Ramboll created use the methodologies prescribed in the EIR. Ramboll has a unique understanding of the EIR methods and associated nuances. Further, Ramboll has reviewed and supported the emissions review each year on behalf of the City since the Modernization Project started construction in 2016.
Key Project Team
Ramboll proposes the following team to support the Annual Compliance Review work. • Sarah Manzano, Principal: Sarah will serve as team lead and project owner and has supported the City of Richmond for the last three years. • Shari Beth Libicki, Principal: Shari has led the development of the EIR and has supported the City of Richmond for over ten years. Shari will serve in an advisory capacity. • Katie Wipfli, Project Manager: Katie will serve the technical and project lead and has supported the City of Richmond for the last four years.
Ramboll will also involve technical staff to support the Annual Compliance reviews as needed.
SCOPE OF WORK
For the next five year contract, Ramboll proposes the following tasks. For cost estimation purposes, Ramboll assumes that Tasks 1a and 2 will occur every year for proposed five-year period, and that Tasks 1b and 3 twice in the five-year period. Ramboll understands that the City requires a scope of work to be authorized each year and this document will be the framework for each individual year of support. Should there be a need for additional work or review, we may present an additional scope of work for your approval.
Task 1a. Annual Review of Chevron’s Annual Compliance Report Ramboll will conduct a detailed review of Chevron’s Annual Compliance Report for the Modernization project. As part of the detailed review, Ramboll will:
• Review the material provided by Chevron in its Annual Compliance Report. • Host a kick-off meeting with Chevron and the City with subsequent meetings as needed. • Review of Chevron’s annual construction and operational emissions compared to the Environmental Impact Report (EIR) for the Modernization Project. • Conduct an independent evaluation of Chevron’s compliance with the conditions in the Mitigation, Monitoring and Reporting Plan.
Ramboll will perform this work every year.
Task 1b. Onsite Review of Emissions
As part of the review of Chevron’s annual emissions, Ramboll proposes to go onsite to the Refinery to review the emissions in person. Ramboll assumes the onsite review will occur twice in the proposed five-year period.
Task 2. Agenda Report Preparation
Ramboll will assist in the preparation of an agenda report or memorandum after the review of the compliance report. In doing this, we will conduct the following tasks:
46 2/2
• Summarizing the findings of the evaluation for the report, which will include Ramboll’s assessment of Chevron’s compliance program
• Assess the annual flaring events and compare to previous years. • Assist the City with questions regarding the report.
This will include at least one review of the report with the City. Ramboll will perform this work every year.
Task 3. Planning Commission Presentation Preparation
Ramboll will assist in the preparation of the presentation and present the presentation at a Planning Commission meeting in the late fall every three years as proposed in 2025. In doing this, we will conduct the following tasks:
• Prepare a slide deck for presentation at the Planning Commission that summarizes the findings of the evaluation for last three agenda reports, which will include Ramboll’s assessment of Chevron’s compliance program and assessment of the flaring compared to previous years. • Present the slide deck at the Planning Commission.
This will include at least one review of the presentation with the City. Ramboll will perform this work every three years, unless staff determines a hearing is warranted in an unscheduled year. To provide a comprehensive cost estimate, Ramboll assumes this work will occur twice in the 5-year proposed period; although it would only be required to be completed once if an additional presentation to the commission is not determined to be necessary.
SCHEDULE
Ramboll proposes the following general schedule and milestones for the next five years of work.
Proposed Timeline Milestone Related Tasks
2026 July Authorize work for RY2025 Annual Compliance Report Tasks 1a & 2 September Annual Compliance Report submitted to the City by Chevron October - November Publication of the Compliance Review online 2027 July Authorize work for RY2026 Annual Compliance Report Tasks 1a & 2 September Annual Compliance Report submitted to the City by Chevron October - November Publication of the Compliance Review online 2028 July Authorize work for RY2027 Annual Compliance Report Tasks 1a, 1b, 2 & 3 September Annual Compliance Report submitted to the City by Chevron September - October Onsite Review of Emissions
October - November Planning Commission Hearing and Agenda Report published online 2029 July Authorize work for RY2028 Annual Compliance Report Tasks 1a & 2 September Annual Compliance Report submitted to the City by Chevron October - November Publication of the Compliance Review online 2030 July Authorize work for RY2029 Annual Compliance Report Tasks 1a & 2 September Annual Compliance Report submitted to the City by Chevron October - November Publication of the Compliance Review online
COST ESTIMATE
The budget estimate for this scope of work is broken down by task and is based support from the previous years. The work will be performed on a Time & Materials basis consistent with the negotiated 47 2/2
contract with the City of Richmond. Ramboll proposes the following not-to-exceed cost estimates. The total requested cost includes a 20% contingency in case additional effort is needed to summarize compliance throughout the five year period. This could include, but is not limited to, additional presentations to the Planning Commission, additional review of emissions or additional evaluation needed to evaluate compliance. If actual effort exceeds what is presented here, including the contingency, a separate scope can be prepared. Ramboll will include a year-specific cost estimate when we submit the current scope of work for authorization from the City.
Task
Labor
Cost per
Incidence
Number of
Incidences
Total Cost
Across
Contract
1a Annual Compliance Review $28,000 5 $140,000
1b Onsite Emissions Review $5,500 2 $11,000
2 Agenda Report Preparation $5,700 5 $28,500
3 Planning Commission Hearing
Preparation $20,000 2 $40,000
Contingency (20%) $11,840 -- $43,900
Maximum Total Across Contract -- $263,400
Please reach out with any questions or concerns. The team and I look forward to continuing our partnership with the City of Richmond.
Sincerely,
DRAFT
Sarah Manzano
Principal
D +1 415 426 5011
[email protected]
48 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.
2. SUBMISSION OF INVOICES:
Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:
Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804
3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.
4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
Lina Velasco
Lina Velasco
Ramboll Americas Engineering Solutions, Inc.
49 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ Lina Velasco
[email protected]
Ramboll Americas Engineering Solutions, Inc.
Ramboll Americas Engineering Solutions, Inc.
333 Bush Street, Suite 2500
San Francisco, CA 94608
[email protected]
Shari B. Libicki
50 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, Ramboll Americas Engineering Solutions, Inc.
51 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.
Ramboll Americas Engineering Solutions, Inc.
52 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 Ramboll Americas Engineering Solutions, Inc.
53 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 Ramboll Americas Engineering Solutions, Inc.
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.
Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Ramboll Americas Engineering Solutions, Inc.
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.
Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. INSURANCE:
Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,
2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.
Contractor agrees to abide by the terms and conditions of said policies.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. CONFLICTING PROVISIONS:
In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
18. FORCE MAJEURE:
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
19. CONFLICT OF LAW:
This Contract shall be interpreted under, and enforced by the laws of the State of Ramboll Americas Engineering Solutions, Inc.
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. CLAIMS:
Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. AUTHORITY:
City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, Ramboll Americas Engineering Solutions, Inc.
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.
25. WAIVER:
The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
26. COUNTERPARTS:
This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.
Ramboll Americas Engineering Solutions, Inc.
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
Ramboll Americas Engineering Solutions, Inc.
See the Special Conditions Attached.
60 EXHIBIT D
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
Exhibit D (General Conditions) Article 2 (Time is of the Essence) is modified as follows:
Contractor and the City agree that the Contractor shall use commercially reasonable efforts to meet agreed timelines. time is of the essence regarding the performance of this Contract.
Exhibit D (General Conditions) Article 3 (Standard of Care) is modified as follows:
Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of care, skill, and diligence exercised by like professionals or service Contractors, as applicable, in the San Francisco Bay Area (“Standard of Care”) and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
Exhibit D (General Conditions) Article 6 (City Property) is modified as follows:
(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
(excluding Contractor’s pre-existing materials, methodologies, software, and know- how (“Contractor Background IP”) 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 to the extent resulting from
Contractor’s failure to identify such materials as proprietary or confidential.
Exhibit D (General Conditions) Article 9 (Termination) is modified as follows:
(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” Contractor shall be compensated for all work performed and accepted by the City up to the effective date of termination.
61 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.
Exhibit D (General Conditions) Article 11 (Hold Harmless) is modified as follows:
(a) To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City, such acceptance not to be unreasonably withheld) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all third party claims, 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 negligent or willful misconduct in the 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 neglected. 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.
(c) Under no circumstances shall either party be liable to the other for any type of damages other than direct damages (including loss of profits, loss of opportunity, loss of business, loss of goodwill, or indirect, consequential, special, or punitive damages), even if such party has been advised of the possibility of such damages, or for damages caused by the other party’s failure to perform its obligations under law or contract;
In no event shall the aggregate liability of Contractor in connection with this Contract exceed an amount equal to three (3) times the amount actually paid to Contractor by the City for the services but in no event exceeding One Million Dollars ($1,000,000)
62 Exhibit D (General Conditions) Article 22 (Warranty) is modified as follows:
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 provided in accordance with the Standard of Care 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.
Exhibit F (Insurance Provisions) Article 1 (Certificates) is modified as follows:
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.”
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EXHIBIT F
INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.
1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.
Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.
Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
Ramboll Americas Engineering Solutions, Inc.
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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.
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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.
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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.
68 >\CORI^CERTIFICATE OF LIABILITY INSURANCE
DATEfMM/DD/YYYY)
05/21/2026
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.
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).c0) •a
0)
•a
0 PRODUCER
Aon Risk services central, inc.
Philadelphia PA Office
100 North 18th Street
16th Floor
Philadelphia PA 19103 USA
RECEIVED
JUN 3 202G
RICHMOND
PLANNING DEPARTMENT
CONTACT
NAME:
PHONE
(A/C. No. Ext);(866) 283-7122(%.No.): <8(W 363-0105
E-MAIL
ADDRESS;
INSURER(S) AFFORDING COVERAGENAIC#
INSURED
Ramboll Environ US Corporation
Ramboll Americas Engineering
Solutions, inc
333 w Washinaton Street
Syracuse NY 13202 USA
INSURER A: Greenwich insurance company22322
INSURERS: Allied world Assurance company (us) inc19489
INSURERC: Allied world surplus L-ines insurance Co24319 INSURER D; XL Specialty insurance co37885
INSURER F:
COVERAGESCERTIFICATE NUMBER: 570120107972REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POUCiES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 1NSRLT"R'TYPE OF INSURANCEADDlj
INSDI
SUBRI
WVDPOLICY NUMBERPOLICY EFF
(MM/DD/YYYY)
POLICY EXP
LMM/DD;YYYY)1LIMITS
X I COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE | X | OCCUR
CGS74098560706/01/20^6Ub/Ul/2027EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL &ADV INJURY
GEN'L AGGREGATE LIMITAPPLIES PER:
POLICY QJPERC°T E LOG
OTHER:
GENERALAGGREGATE
JECTPRODUCTS - COMP/OPAGQ
$2,000,000
$300,000
$10,000
$2,000,000
$4,000,000
$4,000,000
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED AUTOS
ONLY
CAH74098570706/01/202606/01/2027COMBINED SINGLE LIMIT
(Ea accident)$2,000,000;
BODILY INJURY ( Per person)
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accidenl)
PROPERTY DAMAGE
{Per accident)
0 z
a>
c0)
0 UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE
AGGREGATE
DED|[RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N
CWG740985507
WC (AOS)
06/01/202606/01/2027PER STATUTEOTH
ER
E.LEACH ACCIDENTSl,000,000|
E.L DISEASE-EA EMPLOYEE$1,000,0001
E.L. DISEASE-POLICY LIMIT$1,000,0001
Environmental Contractors and
Prof
03118707
Professional-da-ims Made
SIR applies per policy ten
06/01/2026;
ns & condi
06/01/2027
:lons
Per dai'm/Agg
SIR
$5,000,000
$750,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached if more apace is required) RE: Emeryville. City of Richmond, its officials, employees and agents are included as Additipna'l Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein -is Primary and'Non-Contributory to other insurance available to an Additional insured, but only -in accordance with the policy's provisions. A waiver of subrogation is granted in favor of City of Richmond, its officials, emp1oyees_and agents in accordance with the policy provisions of the General Liability, Automobile Liability and workers' compensation policies. g
^
C--i
CERTIFICATE HOLDER
City of Richmond
Attn: Una Velasco
450 Civic Center Plaza, 2nd Floor
Richmond CA 94804 USA
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
'ffHweif W^wftcj^i »-^'wa
1^3
ACORD25(2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
69 ^.coRty
AGENCY CUSTOMER ID: 570000072793
LOG #:
Page _ of _
AGENCY
Aon R-isk Services Central, Inc.
POLICY NUMBER
See Certificate Number: 570120107972
CARRIER
See Certificate Number: 570120107972
NAIC CODE
NAMED INSURED
Ramboll Environ US Corporation
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
INSURER(S) AFFORDING
INSURER
INSURER
INSURER
INSURER
NAIC#
ADDITIONAL POLICIES If a Policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.
INSR
LTR
B
TYPE OF INSURANCE
OTHER
Contractors Pollution
Liability
ADDL
1NSB
SUBK
VVVD
POLICY NUMBER
03099524
pollution Li ability
SIR applies per policy te
POLICY
EFFECTIVE
DATE
(MIWDU/YYYY)
06/01/2026
ms & condit
POLICY
EXI'IKATION
DATE
(MM/DD/YVYY)
06/01/2027
ins
LIMITS
Per
occur/Agg
SIR
$10,000,000
$250,000
ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
70 POLICY NUMBER: CGS740985607COMMERCIAL GENERAL LIABILITY CG 20 11 1219
THIS THE POLICY. IT CAREFULLY.
- OR
OF
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designation Of Premises (Part Leased To You):
VARIOUS AS REQUIRED PER WRITTEN CONTRACT.
Name Of Person(s) Or Organization(s) (Additional Insured):
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE WRITTEN CONTRACT OR WRITTEN AGREEMENT.
Additional Premium: $ Included
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - 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" or "personal and advertising injury"
caused, in whole or in part, by you or those acting
on your behalf in connection with the ownership,
maintenance or use of that part of the premises
leased to you and shown in the Schedule and
subject to the following additional exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after you
cease to be a tenant in that premises.
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of the person(s) or organization(s)
shown in the Schedule.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
CG 20 11 1219© Insurance Services Office, Inc., 2018Page 1 of 1 71 POLICY NUMBER: CGS740985607COMMERCIAL GENERAL LIABILITY CG20121219
THIS THE POLICY. IT CAREFULLY.
- OR
OR OR
- OR
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:
ALL OPERATIONS OF THE NAMED INSURED FOR WHICH THE STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION HAS ISSUED A PERMIT OR AUTHORIZATION.
Jnformation required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:
1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products-completed
operations hazard".
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
CG20121219© Insurance Services Office, Inc., 2018Page 1 of 1 72 ENDORSEMENT #069
This endorsement, effective 12:01 a.m., June 1, 2026, forms a part of Policy No. CGS740985607 issued to RAMBOLL USA, INC.
by Greenwich Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured
^erson(s) Or Organ ization(s):
Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION FOR WHOM YOU
HAVE AGREED IN WRITING IN A CONTRACT OR
AGREEMENT THAT SUCH PERSON OR
ORGANIZATION BE ADDED AS AN ADDITIONAL
INSURED ON YOUR POLICY, PROVIDED THE "BODILY
INJURY" OR "PROPERTY DAMAGE" OCCURS
SUBSEQUENT TO THE EXECUTION OF THE WRITTEN
CONTRACT OR WRITTEN AGREEMENT BUT ONLY
WHEN THE CONTRACT DEMAND SPECIFIES ISO 2004
EDITION FORMS OR EQUIVALENT
VARIOUS AS REQUIRED PER WRITTEN
CONTRACT.
Information requiredto complete this Schedule, if not shown above, will be shown in the Declarations^ A. Section II - 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" 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 operations for the additional insured(s) at the location(s) designated above.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. Page 1 of 2 All rights reserved. May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc., with its permission 73 use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
All other terms and conditions of this policy remain unchanged.
XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. Page 2 of 2 All rights reserved. May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc., with its permission 74 ENDORSEMENT #072
This endorsement, effective 12:01 a.m., June 1, 2026, forms a part of Policy No. CGS740985607 issued to RAMBOLL USA, INC.
by Greenwich Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured
Person(s) Or Organization(s):
Location And Description Of Completed Operations
ANY PERSON OR ORGANIZATION FOR WHOM YOU
HAVE AGREED IN WRITING IN A CONTRACT OR
AGREEMENT THAT SUCH PERSON OR
ORGANIZATION BE ADDED AS AN ADDITIONAL
INSURED ON YOUR POLICY, PROVIDED THE
"BODILY INJURY" OR "PROPERTY DAMAGE"
OCCURS SUBSEQUENT TO THE EXECUTION OF
THE WRITTEN CONTRACT OR WRITTEN
AGREEMENT BUT ONLY WHEN THE CONTRACT
DEMAND SPECIFIES ISO 2004 EDITION FORMS OR
EQUIVALENT
VARIOUS AS REQUIRED PER WRITTEN
CONTRACT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II - 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" or "property damage" 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 included in the "products-completed operations hazard".
All other terms and conditions of this policy remain unchanged.
XIL 2037-0704 (Ed. 0413)©2013, XL America, Inc.
All rights reserved. May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc., with its permission
75 ENDORSEMENTS
This endorsement, effective 12:01 a.m., June 1, 2026, forms a part of Policy No. CAH740985707 issued to RAMBOLL USA, INC.
by Greenwich Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTOMATIC ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
AUTO DEALERS COVERAGE FORM
A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of:
1. You, while using a covered "auto"; or
2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission;
Provided that:
a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or "property damage" for which liability coverage is sought; and c. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent.
B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract.
C. General Conditions, Other Insurance is amended as follows:
Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary.
All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract.
All other terms and conditions of this policy remain unchanged.
XIC4111013 © 2013 X.L. America, Inc. Alt Rights Reserved. Page 1 of 1 May not be copied without permission.
Includes copyrighted material of Insurance Services Office, Inc., with its permission. 76 POLICY NUMBER: CAH740985707COMMERCIAL AUTO
CA 20 01 11 20
THIS THE POLICY. IT CAREFULLY.
- AND
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below.
Named Insured: RAMBOLL USA, INC.
Endorsement Effective Date: June 1 , 2026
SCHEDULE
Insurance Company: Greenwich Insurance Company
Policy Number: CAH740985707Effective Date: June 1, 2026 Expiration Date: June 1,2027
Named Insured: RAMBOLL USA, INC.
Address: 4300 N. FAIRFAX DRIVE, SUITE 300
ARLINGTON, VA 22203
Additional Insured (Lessor): ALL LESSORS
Address:
Designation Or Description Of "Leased Autos": ALL LEASED AUTOS CA 20 01 1120© Insurance Services Office, Inc., 2019Page 1 of 2 77 CoveragesLimit Of Insurance Or Deductible
Covered Autos Liability2,000,000Each "Accident"
Comprehensive$ 1,500Deductible For Each Covered "Leased Auto" Collision$ 1,500Deductible For Each Covered "Leased Auto" Specified
Causes Of LossDeductible For Each Covered "Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Coverage
1. Any "leased auto" designated or described in
the Schedule will be considered a covered
"auto" you own and not a covered "auto" you
hire or borrow.
2. For a "leased auto" designated or described in
the Schedule, the Who Is An Insured provision
under Covered Autos Liability Coverage is
changed to include as an "insured" the lessor
named in the Schedule. However, the lessor is
an "insured" only for "bodily injury" or "property
damage" resulting from the acts or omissions
by:
a. You;
b. Any of your "employees" or agents; or
c. Any person, except the lessor or any
"employee" or agent of the lessor, operating
a "leased auto" with the permission of any of
the above.
3. The coverages provided under this
endorsement apply to any "leased auto"
described in the Schedule until the expiration
date shown in the Schedule, or when the lessor
or his or her agent takes possession of the
"leased auto", whichever occurs first.
B. Loss Payable Clause
1. We will pay, as interest may appear, you and the
lessor named in this endorsement for "loss" to a
"leased auto".
2. The insurance covers the interest of the lessor
unless the "loss" results from fraudulent acts or
emissions on your part.
3. If we make any payment to the lessor, we will
obtain his or her rights against any other party.
C. Cancellation
1. If we cancel the Policy, we will mail notice to the
lessor in accordance with the Cancellation
Common Policy Condition.
2. If you cancel the Policy, we will mail notice to the lessor.
3. Cancellation ends this agreement.
D. The lessor is not liable for payment of your
premiums.
E. Additional Definition
As used in this endorsement:
"Leased auto" means an "auto" leased or rented to
you, including any substitute, replacement or extra
"auto" needed to meet seasonal or other needs,
under a leasing or rental agreement that requires
you to provide direct primary insurance for the
lessor.
POLICY NUMBER: CGS740985607COMMERCIAL GENERAL LIABILITY CG 2026 12 19
THIS THE POLICY. IT CAREFULLY.
-
OR
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) OrOrganization(s):
WHERE REQUIRED BY WRITTEN CONTRACT, AGREEMENT OR PERMIT. SUCH INSURANCE AS IS
AFFORDED TO ADDITIONAL INSUREDS SHALL BE PRIMARY AND NON-CONTRIBUTORY WITH ANY
OTHER INSURANCE AVAILABLE TO THE ADDITIONAL INSUREDS IF REQUIRED BY WRITTEN CONTRACT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - 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" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
CG 2026 12 19Insurance Services Office, Inc., 2018Page 1 of 1 79 POLICY NUMBER: CGS740985607 COMMERCIAL GENERAL LIABILITY CG 2404 12 19
THIS THE POLICY. IT CAREFULLY.
OF OF OF
TO US OF
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT EXECUTED PRIOR TO LOSS (EXCEPT WHERE NOT PERMITTED BY LAW).
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
CG 2404 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 80 POLICY NUMBER: CAH740985707COMMERCIAL AUTO
CA04441013
THIS THE POLICY. IT CAREFULLY.
OF OF OF
TO US OF
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: RAMBOLL USA, INC.
Endorsement Effective Date: June 1, 2026
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT EXECUTED PRIOR TO LOSS (EXCEPT WHERE NOT PERMITTED BY LAW).
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.
CA04441013© Insurance Services Office, Inc., 2011Page 1 of 1 81 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICYWC 00 03 13 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
WHERE REQUIRED BY WRITTEN AGREEMENT SIGNED PRIOR TO LOSS.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective June 1, 2026 Policy No. CWG742914903 Endorsement No.
Insured HENNING LARSEN DESIGN INC.
Insurance Company Countersigned by
XL Specialty Insurance Company
WC 00 03 13
(Ed. 4-84)
11983 National Council on Compensation Insurance.
82 CITY OF RICHMOND Sanctuary City Compliance StatementThe undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18(hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose withwhom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO: a."Data Broker” means either of the following:i. The collection of information, including personal information about consumers, from awide variety of sources for the purposes of reselling such information to their customers,which include both private-sector business and government agencies;ii. The aggregation of data that was collected for another purpose from that for which it isultimately used.b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similarservices."Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE. Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of theContract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine. Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Printed Name: Title: Signed: Date:Business Entity:Vendor SCCO Compliance Statement (July2024) 83 84
85 86
July 21, 2026
PORT
Economic Development
DATE: July 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:
Charles Gerard, Port Director
Lizeht Zepeda, Senior Business Assistance Officer
Kyle Lam, Management Analyst
Subject:
Contract with Nichols Consulting Engineers for
Environmental Consulting Services
FINANCIAL IMPACT: The proposed $120,487 expenditure is included within the approved Fiscal Year 2026-2027 Port Enterprise
Fund budget and will be budgeted accordingly in
subsequent fiscal years (Account String:
40161080-400201). There is no net fiscal impact on the
General Fund.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
The Port of Richmond is required to implement ongoing
environmental monitoring, inspection, maintenance, and
reporting activities at Shipyard No. 3 pursuant to an
Enforceable Agreement with the California Department of Toxic Substances Control (DTSC). City staff is
recommending City Council approve a sole-source
contract with Nichols Consulting Engineers (NCE) to
perform the required 2026 Operations and Maintenance
(O&M) Program activities and associated regulatory
compliance services.
AGENDA
REPORT
87
July 21, 2026
RECOMMENDED ACTION:
APPROVE a sole-source contract with Nicholls
Consulting Engineers for environmental consulting
services associated with Operable Unit 1, Operable Unit 2, and other environmental compliance and monitoring
activities at the Port of Richmond, in an amount not to exceed $120,487, for a term expiring December 31, 2027
– Economic Development/Port (Charles Gerard/510-620-
6792).
DISCUSSION:
Shipyard No. 3 is subject to an Enforceable Agreement between the Port of Richmond and the California Department of Toxic Substances Control (DTSC) governing the long- term operation, maintenance, monitoring, and reporting requirements associated with environmental remedial actions completed at the site. Under the agreement, the Port is responsible for implementing an Operations and Maintenance (O&M) Program to ensure the continued effectiveness and protectiveness of the remedial measures located within Operable Unit (OU) 1, Operable Unit (OU) 2, and related restoration areas.
The proposed agreement with Nichols Consulting Engineers (NCE) will provide the professional environmental consulting services necessary to implement the 2026 O&M Program. Services include project management; annual visual inspections of the OU1 and OU2 engineered caps and restored salt marsh areas; coordination and oversight of the required triennial hydrographic survey of the OU2 intertidal and submerged cap; groundwater monitoring and sampling of on-site monitoring wells; laboratory analysis and disposal of investigation-derived waste; preparation of the 2026 Annual O&M Report; preparation of the Third Five-Year Review, including preparation of the work plan, public notification materials, evaluation of remedy performance, and final report; and coordination with DTSC and other regulatory agencies.
NCE has extensive institutional knowledge of Shipyard No. 3 and is currently involved in environmental compliance activities at the site. The firm's familiarity with site conditions, remedial systems, historical groundwater monitoring data, hydrographic survey results, prior reporting efforts, and DTSC requirements provides significant continuity for the ongoing compliance program. The required services rely on long-term data evaluation and consistent monitoring methodologies developed over multiple years. Transitioning the work to a new consultant would require substantial effort to reconstruct historical site knowledge, review and validate previous datasets, and become familiar with regulatory requirements and remedial system performance. Such a transition could result in duplication of effort, increased costs, scheduling delays, and potential impacts to regulatory compliance. Accordingly, staff has determined that a sole-source procurement is justified and in the best interest of the Port.
The proposed agreement will be for a total amount not to exceed $120,487 and will have a term commencing upon execution and ending December 31, 2027. 88
July 21, 2026
DOCUMENTS ATTACHED:
Attachment 1 – Contract
Attachment 2 – Sole Source
89 CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________
4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.
5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.
Economic Development/Port
Charles Gerard
[email protected]
(510) 620-6792
5780
Environmental Consulting Services for OU1 and OU2 and other sites at the Port of Richmond Nichols Consulting Engineers CHTD
8795 Folsom Blvd., Suite 250
Sacramento, CA, 95826
Michael Leacox
(916) 388-5655
[email protected]
July 21, 2026
December 31, 2027
120,487.00
90 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
Nichols Consulting Engineers CHTD
91 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]:
Nichols Consulting Engineers CHTD
Attached
92 8795 Folsom Blvd., Suite 250
Sacramento, CA 95826
(916) 388-5655
NCE Proposal No. CD1405.55.2601
April 21, 2026
Mr. Charles Gerard
Port of Richmond
1322 Canal Boulevard
Richmond, CA 94804
Environmental Services Scope and Fee
2026 Operations and Maintenance (O&M) Implementation
Port of Richmond Shipyard #3
1312 Canal Boulevard
Richmond, CA 94804
Dear Mr. Gerard:
At the request of the Port of Richmond (POR), NCE is pleased to present a scope of work and fee estimate to perform the 2026 monitoring and reporting services related to Operable Units (OU)1 and OU2 within the Port of Richmond located at 1312 Canal Boulevard, Richmond, California (site). Annual monitoring and reporting requirements of OU1 and OU2 are outlined in the Operations and Maintenance (O&M) Plan and enforced by Enforceable Agreement No. HSA-A 05/06-148 (O&M Agreement) between the California Department of Toxic Substances Control (DTSC) and the POR.
Background
O&M Agreement Required Work
The O&M Plan prepared in April 2006 was approved by the DTSC, the lead agency for the remedial actions completed at the POR. The O&M Agreement requires that the following activities occur annually or triennially:
• Annual inspection of the OU1 and OU2 Upland Caps;
• Repair of the OU1 and OU2 Upland Caps based on the annual inspection findings; • Triennial hydrographic survey of the OU2 Intertidal/Submerged Cap. A hydrographic survey was last performed in 2022. A hydrographic survey will need to be completed in 2026; • Visual survey of the restored Salt Marsh Area; and
• Implementation of a groundwater monitoring program (GMP). The GMP scope of work includes:
o Annual monitoring and sampling of seven on-site groundwater monitoring wells; and o Submittal of an annual groundwater monitoring report to DTSC documenting the results of the annual groundwater monitoring.
93 Page | 2 2026 Operations and Maintenance (O&M) Implementation Environmental Services Scope and Fee April 21, 2026
• Submittal of an annual inspection report documenting the findings of the O&M activities.
The O&M Agreement also requires that a Five-Year Review (FYR) be conducted to review and evaluate the effectiveness of the remedial actions conducted at the site after a period of five years from the completion of construction and startup, and every five years thereafter. The initial FYR was conducted in 2012. The second and most recent FYR was completed in 2017 and based on communications between the DTSC and POR in September 2025, the Second FYR is still in review. The Third FYR will be required as part of the 2026 O&M efforts.
Scope of Work
Consistent with the O&M Agreement required work discussed above, the scope of work for 2026 is presented in the following sections.
Task 1 – Project Management
This task includes routine project management necessary to administrate and coordinate activities associated with implementation of the O&M Agreement. This task also allocates time for meetings and consultation that may arise during the project.
Task 2 – O&M Agreement Implementation
Subtask 2.1 – Visual Inspections of the OU1 and OU2 Upland Caps, OU2 Revetment Cap, and Salt Marsh
The annual inspection of the OU1 and OU2 Upland Caps for 2026 will be completed by NCE personnel and will include walking the OU1 and OU2 asphaltic-concrete caps to visually look for signs of cracking or other forms of distress. More specifically, during the inspections, NCE personnel will look for the following four types of pavement conditions as described in the O&M Plan:
• Type 1 – Extensive cracking defined as numerous cracks of any length that encompass an area of approximately 400-square feet or greater.
• Type 2 – Individual cracks that are 1-inch in width and 10-feet or longer in length. • Type 3 – Sloughing of the cap along its perimeter.
• Type 4 – Settlement that could result in significant ponding of stormwater.
Field notes with representative photographs describing the observations made at the time of the inspections will be prepared detailing the condition of the upland cap surfaces. The date of the inspection will be recorded, a description of the site and findings will be prepared, areas of cracking and patching will be described and photo-documented, apparent significant changes to the asphalt or caps will be noted and photo-documented including damage to utilities and areas of differential settlement that may cause significant pooling or diversion of stormwater.
The re-vegetated salt marsh will be visually inspected and photo-documented for the 2026 reporting period.
The inspection will include:
94 Page | 3 2026 Operations and Maintenance (O&M) Implementation Environmental Services Scope and Fee April 21, 2026
• Estimate (by percent) of the vegetation coverage in the marsh; and • Description of the general health of the vegetation;
• Photo-documentation of the representative areas of the marsh; and • A letter report will be prepared for the PRO who will be responsible for submittal to the United States Army Corp of Engineers (USACE).
Subtask 2.2 – Hydrographic Survey of the OU2 Intertidal/Submerged Cap This task is to perform the required triennial hydrographic survey of the OU2 Intertidal/Submerged Cap. The purpose of the survey is to evaluate potential changes in the Intertidal/Submerged Cap thickness. NCE understands that the last survey was conducted in 2022 and a new survey is needed for compliance with the O&M Agreement. NCE will procure a subcontractor to conduct the survey. The following is assumed for the survey:
• Survey area limited to the OU2 Intertidal/Submerged Cap; • Survey will be to an accuracy of 0.1 foot;
• Survey will be provided in electronic format with coordinates in X, Y and Z format with a known benchmark and datum; and
• Existing benchmark is nearby the OU2 area.
To assess if erosion is occurring, the triennial survey will be compared to the initial post-construction hydrographic survey that was completed in 2005 and the 2022 survey. NCE will use the 2005 and 2022 survey maps previously provided by the POR in computer aided drafting and design (CADD) format.
Subtask 2.3 – Groundwater Monitoring and Sampling
The seven groundwater monitoring wells (W-3, W-10, W-11, W-15, W-21, W-22 and W-23) will be sampled once in 2026 following the procedures outlined in the GMP Addendum. The sampling technique will be low flow (micro-purge) with each well to have new disposable tubing to minimize the potential for cross-contamination.
The samples will be handled and transported to a California-certified analytical laboratory under chain-of- custody procedures.
The groundwater samples will be analyzed for the following chemical analyses:
• Total petroleum hydrocarbons as diesel (TPHd) by the United States Environmental Protection Agency (EPA) Method 8015B;
• Total Oil and Grease (TOG) by EPA Method 413.1;
• Polycyclic aromatic hydrocarbo ns (PAHs) by EPA Method 8270C (selective ion monitoring [SIM]). • Polychlorinated biphenyls (PCBs) by EPA Method 8082;
• Total dissolved solids (TDS) by EPA Meth od SM2540C, or an equivalent method; and • Title 22 Metals (Dissolved) by EPA Meth od 6010B (Mercury by EPA Method 7471A). 95 Page | 4 2026 Operations and Maintenance (O&M) Implementation Environmental Services Scope and Fee April 21, 2026
Purge water will be containerized in a 55-gallon Department of Transportation (DOT) approved drum. The purge water will be profiled for disposal and NCE will procure a subcontractor to transport the purge water to an approved disposal facility. NCE assumes approximately 20 gallons of purge water will need disposal. Actual disposal costs may vary dependent upon the profiling and amount of purge water generated.
Subtask 2.4 – 2026 Annual O&M Reporting
Following completion of the O&M implementation field activities, an annual report will be prepared to present the findings and evaluate the results of the visual inspections, hydrographic survey, and groundwater monitoring and sampling.
Task 3 – Third Five-Year Review
Using existing data and the data collected in 2026, in accordance with the O&M Agreement, an evaluation of relevant historical data and existing O&M data will be conducted to prepare a FYR report as recommended in the EPA June 2001 document entitled Comprehensive Five-Year Review Guidance (FYR Guidance). The scope of work to conduct the FYR is discussed in the following sections.
Subtask 3.1 – Third Five-Year Review Work Plan
The O&M Agreement specifies that a work plan would be submitted to the DTSC for review and approval within 30 calendar days before the end of the five-year review period. The work plan will include the following:
background information, the scope of work for the FYR including the activities outlined in the O&M Plan, evaluating the performance and protectiveness of the remedies, preparation of a report presenting the findings of the FYR, a schedule for conducting the FYR activities, and references used during preparation of the work plan.
Subtask 3.2 – Public Notification
In accordance with DTSC’s Public Participation Policy, NCE will prepare a notice that (following DTSC review and approval) will be provided on DTSC’s website and advertised in the Contra Costa Times to notify the public of the commencement of the FYR. In addition, following the release of the FYR Report, NCE will also prepare a Fact Sheet that will be provided on DTSC’s website and published in the Contra Costa Times to summarize the findings of the FYR report and provide instruction on how to obtain a copy of the report. The Fact Sheet will solicit comments from the public related to the protectiveness of the current caps for human health and the environment.
Subtask 3.3 – Five-Year Review Evaluation
Upon receipt of the 2026 analytical data and hydrographic survey, NCE will conduct the Five-Year evaluation consistent with the FYR Guidance and approved work plan. The evaluation will consider the results of the annual inspections, groundwater monitoring data, hydrographic surveys, and review of other supporting data. Other supporting data is anticipated to include engineering drawings from the POR, historical site characterization information, OU1 and OU2 remedy design documents and construction documents, and previously established remedial action objectives and clean up levels. The information will be evaluated with respect to changes that may affect the validity of the previously established clean up levels and the Applicable or Relevant and Appropriate Requirements (ARARs).
96 Page | 5 2026 Operations and Maintenance (O&M) Implementation Environmental Services Scope and Fee April 21, 2026
Subtask 3.4 – Third Five-Year Review Report
A FYR report will be prepared to present results and conclusions of the FYR evaluation. The FYR report will summarize all activities conducted at the site over this FYR timeframe, the current condition of the site, and provide a protectiveness statement regarding the effectiveness of the remedial action.
Task 4 – Agency Coordination Related to the 2026 O&M Monitoring The DTSC is actively involved with the project and has desired updates or requested additional data/information in the past regarding the project and previously submitted documents. This task includes budget for responding to DTSC comments and requests regarding the Site, 2026 O&M Report, and the FYR.
Assumptions
Below is a list of assumptions that apply to NCE.
For the annual inspection and groundwater monitoring and sampling, NCE assumes the following:
• Three field days for NCE staff to conduct the inspections and oversee the hydrographic survey; • The areas to be inspected are reasonably clear of stored items to allow for good visual inspection; • Minimal delays or disruption to the inspection team caused by POR operations; and • Purged groundwater generated during sampling will be characterized as non-hazardous for disposal.
For the annual reporting, NCE assumes the following:
• One draft will be prepared for POR review and one final draft will be prepared addressing POR comments.
• The POR will be responsible for submitting copies of the annual report to the DTSC and United States Army Corp of Engineers (USACE).
For the FYR reporting, NCE assumes the following:
• Two drafts of the FYR work plan and FYR report will be prepared. One draft will be for POR and the second draft will address POR comments and be for DTSC review. One final FYR work plan and FYR report will be prepared addressing DTSC comments.
• The POR will be responsible for submitting copies of the FYR work plan and FYR report to the DTSC.
Fee and Schedule
The estimated fee to perform the scope of services is $120,487. The fee estimate is shown in the attached Fee Estimate Summary. The work will be conducted on a time and materials basis in accordance with our current contract and schedule of charges. Upon receipt of completed contractual documents we will proceed. We appreciate the opportunity to present this proposal to the POR. Should you have any questions, do not hesitate to call the undersigned at (916) 388-5655.
97 Page | 6 2026 Operations and Maintenance (O&M) Implementation Environmental Services Scope and Fee April 21, 2026
Sincere
ly,
Ryan Bast, PG
Senior Geologist
Michael Leacox, PG, CEG
Vice President
Attachments:
Fee Estimate Summary
98 Attachment A
Fee Estimate Summary
99 CLIENT PRICE BREAKDOWN
ALL TASKS
Project Number: Project Name:
Labor In-House Subcontractor
T A S K Hours Recoverables ODCs Cost Travel FEE Total
Task 1 / - Project Management 42.00 9,650.00 482.50 0.00 0.00 0.00 0.00 10,132.50 Task 2 / 2.1 - Visual Inspections of Caps and Salt Marsh 38.00 8,490.00 769.50 0.00 0.00 0.00 0.00 9,259.50 Task 2 / 2.2 - Hydrographic Survey 38.00 9,270.00 578.50 0.00 7,700.00 0.00 0.00 17,548.50 Task 2 / 2.3 - Groundwater Monitoring and Sampling 34.00 7,410.00 370.50 0.00 10,340.00 0.00 0.00 18,120.50 Task 2 / 2.4 - 2026 Annual O&M Reporting 74.00 16,250.00 812.50 0.00 0.00 0.00 0.00 17,062.50 Task 3 / 3.1 - Third Five-Year Review Work Plan 40.00 9,110.00 455.50 0.00 0.00 0.00 0.00 9,565.50 Task 3 / 3.2 - Public Notification 18.00 4,300.00 215.00 0.00 0.00 0.00 0.00 4,515.00 Task 3 / 3.3 - Five-Year Review Evaluation 58.00 13,440.00 672.00 0.00 0.00 0.00 0.00 14,112.00 Task 3 / 3.4 - Third Five-Year Review Report 60.00 13,370.00 668.50 0.00 0.00 0.00 0.00 14,038.50 Task 4 / - Agency Coordination for 2026 O&M Implementation 22.00 5,840.00 292.00 0.00 0.00 0.00 0.00 6,132.00 Task / - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Task / - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Task / - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Task / - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Task / - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
T O T A L 424.00 97,130.00 5,316.50 0.00 18,040.00 0.00 0.00 120,486.50 Labor
$
CD1405.55.2601 Shipyard #3 2026 O&M Implementation
2026 O&M Job Setup v2.xlsx Task Price Summary Page 1 Confidential 4/21/2026 100
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.
2. SUBMISSION OF INVOICES:
Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:
Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804
3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.
4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
Charles Gerard
Charles Gerard
Nichols Consulting Engineers CHTD
101
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ Charles Gerard
[email protected]
Nichols Consulting Engineers CHTD
Nichols Consulting Engineers CHTD
8795 Folsom Blvd., Suite 250
Sacramento, CA, 95826
[email protected]
102
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, Nichols Consulting Engineers CHTD
103
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.
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c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
8. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.
The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
10. CONFLICT OF INTEREST:
Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under Nichols Consulting Engineers CHTD
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this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.
b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).
12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.
The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Nichols Consulting Engineers CHTD
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.
Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Nichols Consulting Engineers CHTD
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.
Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. INSURANCE:
Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,
2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.
Contractor agrees to abide by the terms and conditions of said policies.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. CONFLICTING PROVISIONS:
In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
18. FORCE MAJEURE:
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
19. CONFLICT OF LAW:
This Contract shall be interpreted under, and enforced by the laws of the State of Nichols Consulting Engineers CHTD
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. CLAIMS:
Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. AUTHORITY:
City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, Nichols Consulting Engineers CHTD
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.
25. WAIVER:
The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
26. COUNTERPARTS:
This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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EXHIBIT F
INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.
1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.
Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.
Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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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.
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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.
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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.
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EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).
Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity:
Nichols Consulting Engineers CHTD
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Page | 1 Sole Source Form – Rev. May 12, 2016
City of Richmond
Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE _______________________________________________________________________________ Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.
Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:
Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page)
Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.
(if additional space is needed, include them in a separate page)
NICHOLS CONSULTING ENGINEERS CHTD
Michael Leacox
8795 Folsom Blvd., Suite 250
Sacramento
CA
95826
916
388-5655
[email protected]
6/1/2026 - 12/31/2027
120486.50
40161080-400201
X
X
X
The Port of Richmond is seeking professional environmental consulting services to implement the 2026 Operations and Maintenance (O&M) Program at Shipyard No. 3, in accordance with the Enforceable Agreement with the California Department of Toxic Substances Control (DTSC).The scope of services includes project management; annual visual inspections of Operable Units (OU) 1 and OU2 caps and restored salt marsh areas; coordination and oversight of a triennial hydrographic survey of the OU2 intertidal/submerged cap; groundwater monitoring and sampling of on-site wells, including laboratory analysis and disposal of investigation-derived waste; preparation of the 2026 Annual O&M Report; preparation of the Third Five-Year Review, including work plan, evaluation, public notification, and final report; and ongoing coordination with DTSC and other regulatory agencies.Services will be performed on a time-and-materials basis in accordance with the approved scope of work, with a total not-to-exceed amount of $120,487.
While other environmental consulting firms may be capable of performing similar services, the recommended consultant has a significant advantage due to their existing and ongoing involvement at the site. The consultant is currently performing work at Shipyard No. 3 and has direct familiarity with site conditions, remedial systems, historical groundwater monitoring data, prior hydrographic surveys, and DTSC regulatory requirements.The required services are part of a long-term, DTSC-regulated compliance program, which includes annual monitoring, triennial survey requirements, and preparation of a Five-Year Review that relies on consistent data collection, interpretation, and reporting methodologies over time. Continuity is critical to maintaining the integrity of the monitoring program and ensuring regulatory compliance. Engaging a new consultant would require substantial time and cost to reconstruct historical understanding, review and validate prior datasets, and establish familiarity with the site and regulatory framework. This would result in duplication of effort, increased costs, and potential delays in meeting DTSC deadlines.Additionally, the consultant’s current presence on-site and active involvement allows for efficient coordination and immediate implementation of required services without disruption. Transitioning to a new consultant at this stage would introduce unnecessary risk to project execution and regulatory compliance.For these reasons, the recommended consultant’s continuity, institutional knowledge, and current on-site involvement provide a clear and substantial advantage over other firms, and a sole source procurement is justified. 119
2 | Page
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):
The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).
The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).
Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.
A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought ). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.
Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.
(if additional space is needed, include them in a separate page)
X
The services required are part of an ongoing, DTSC-regulated environmental monitoring and compliance program at Shipyard No. 3. The work involves interpretation of historical groundwater data, prior hydrographic surveys, and long-term performance of remedial systems (Operable Units 1 and 2). A new consultant would require significant time to reconstruct historical understanding, validate prior datasets, and establish familiarity with site conditions and regulatory expectations. This introduces substantial risk to data consistency, reporting accuracy, and compliance with DTSC requirements, particularly given the time-sensitive nature of annual monitoring and the 2026 Five-Year Review.
The 2026 O&M Implementation is a continuation of ongoing environmental monitoring, inspection, and reporting activities required under the existing DTSC Enforceable Agreement. The scope includes annual inspections, groundwater monitoring, hydrographic survey comparisons to prior years (including 2005 and 2022), and preparation of the Third Five-Year Review, all of which rely on continuity with prior work products and established methodologies. These services were not standalone at the time of the original engagement but are part of a multi-year regulatory compliance program. It is not feasible or practicable to procure these services separately without causing duplication of effort, increased costs, and potential disruption to regulatory compliance. 120
6 3 2026
121
8795 Folsom Blvd., Suite 250
Sacramento, CA 95826
(916) 388-5655
NCE Proposal No. CD1405.55.2601
April 21, 2026
Mr. Charles Gerard
Port of Richmond
1322 Canal Boulevard
Richmond, CA 94804
Environmental Services Scope and Fee
2026 Operations and Maintenance (O&M) Implementation
Port of Richmond Shipyard #3
1312 Canal Boulevard
Richmond, CA 94804
Dear Mr. Gerard:
At the request of the Port of Richmond (POR), NCE is pleased to present a scope of work and fee estimate to perform the 2026 monitoring and reporting services related to Operable Units (OU)1 and OU2 within the Port of Richmond located at 1312 Canal Boulevard, Richmond, California (site). Annual monitoring and reporting requirements of OU1 and OU2 are outlined in the Operations and Maintenance (O&M) Plan and enforced by Enforceable Agreement No. HSA-A 05/06-148 (O&M Agreement) between the California Department of Toxic Substances Control (DTSC) and the POR.
Background
O&M Agreement Required Work
The O&M Plan prepared in April 2006 was approved by the DTSC, the lead agency for the remedial actions completed at the POR. The O&M Agreement requires that the following activities occur annually or triennially:
• Annual inspection of the OU1 and OU2 Upland Caps;
• Repair of the OU1 and OU2 Upland Caps based on the annual inspection findings; • Triennial hydrographic survey of the OU2 Intertidal/Submerged Cap. A hydrographic survey was last performed in 2022. A hydrographic survey will need to be completed in 2026; • Visual survey of the restored Salt Marsh Area; and
• Implementation of a groundwater monitoring program (GMP). The GMP scope of work includes:
o Annual monitoring and sampling of seven on-site groundwater monitoring wells; and o Submittal of an annual groundwater monitoring report to DTSC documenting the results of the annual groundwater monitoring.
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Page | 2 2026 Operations and Maintenance (O&M) Implementation Environmental Services Scope and Fee April 21, 2026
• Submittal of an annual inspection report documenting the findings of the O&M activities.
The O&M Agreement also requires that a Five-Year Review (FYR) be conducted to review and evaluate the effectiveness of the remedial actions conducted at the site after a period of five years from the completion of construction and startup, and every five years thereafter. The initial FYR was conducted in 2012. The second and most recent FYR was completed in 2017 and based on communications between the DTSC and POR in September 2025, the Second FYR is still in review. The Third FYR will be required as part of the 2026 O&M efforts.
Scope of Work
Consistent with the O&M Agreement required work discussed above, the scope of work for 2026 is presented in the following sections.
Task 1 – Project Management
This task includes routine project management necessary to administrate and coordinate activities associated with implementation of the O&M Agreement. This task also allocates time for meetings and consultation that may arise during the project.
Task 2 – O&M Agreement Implementation
Subtask 2.1 – Visual Inspections of the OU1 and OU2 Upland Caps, OU2 Revetment Cap, and Salt Marsh
The annual inspection of the OU1 and OU2 Upland Caps for 2026 will be completed by NCE personnel and will include walking the OU1 and OU2 asphaltic-concrete caps to visually look for signs of cracking or other forms of distress. More specifically, during the inspections, NCE personnel will look for the following four types of pavement conditions as described in the O&M Plan:
• Type 1 – Extensive cracking defined as numerous cracks of any length that encompass an area of approximately 400-square feet or greater.
• Type 2 – Individual cracks that are 1-inch in width and 10-feet or longer in length. • Type 3 – Sloughing of the cap along its perimeter.
• Type 4 – Settlement that could result in significant ponding of stormwater.
Field notes with representative photographs describing the observations made at the time of the inspections will be prepared detailing the condition of the upland cap surfaces. The date of the inspection will be recorded, a description of the site and findings will be prepared, areas of cracking and patching will be described and photo-documented, apparent significant changes to the asphalt or caps will be noted and photo-documented including damage to utilities and areas of differential settlement that may cause significant pooling or diversion of stormwater.
The re-vegetated salt marsh will be visually inspected and photo-documented for the 2026 reporting period.
The inspection will include:
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Page | 3 2026 Operations and Maintenance (O&M) Implementation Environmental Services Scope and Fee April 21, 2026
• Estimate (by percent) of the vegetation coverage in the marsh; and • Description of the general health of the vegetation;
• Photo-documentation of the representative areas of the marsh; and • A letter report will be prepared for the PRO who will be responsible for submittal to the United States Army Corp of Engineers (USACE).
Subtask 2.2 – Hydrographic Survey of the OU2 Intertidal/Submerged Cap This task is to perform the required triennial hydrographic survey of the OU2 Intertidal/Submerged Cap. The purpose of the survey is to evaluate potential changes in the Intertidal/Submerged Cap thickness. NCE understands that the last survey was conducted in 2022 and a new survey is needed for compliance with the O&M Agreement. NCE will procure a subcontractor to conduct the survey. The following is assumed for the survey:
• Survey area limited to the OU2 Intertidal/Submerged Cap; • Survey will be to an accuracy of 0.1 foot;
• Survey will be provided in electronic format with coordinates in X, Y and Z format with a known benchmark and datum; and
• Existing benchmark is nearby the OU2 area.
To assess if erosion is occurring, the triennial survey will be compared to the initial post-construction hydrographic survey that was completed in 2005 and the 2022 survey. NCE will use the 2005 and 2022 survey maps previously provided by the POR in computer aided drafting and design (CADD) format.
Subtask 2.3 – Groundwater Monitoring and Sampling
The seven groundwater monitoring wells (W-3, W-10, W-11, W-15, W-21, W-22 and W-23) will be sampled once in 2026 following the procedures outlined in the GMP Addendum. The sampling technique will be low flow (micro-purge) with each well to have new disposable tubing to minimize the potential for cross-contamination.
The samples will be handled and transported to a California-certified analytical laboratory under chain-of- custody procedures.
The groundwater samples will be analyzed for the following chemical analyses:
• Total petroleum hydrocarbons as diesel (TPHd) by the United States Environmental Protection Agency (EPA) Method 8015B;
• Total Oil and Grease (TOG) by EPA Method 413.1;
• Polycyclic aromatic hydrocarbo ns (PAHs) by EPA Method 8270C (selective ion monitoring [SIM]). • Polychlorinated biphenyls (PCBs) by EPA Method 8082;
• Total dissolved solids (TDS) by EPA Meth od SM2540C, or an equivalent method; and • Title 22 Metals (Dissolved) by EPA Meth od 6010B (Mercury by EPA Method 7471A). 124
Page | 4 2026 Operations and Maintenance (O&M) Implementation Environmental Services Scope and Fee April 21, 2026
Purge water will be containerized in a 55-gallon Department of Transportation (DOT) approved drum. The purge water will be profiled for disposal and NCE will procure a subcontractor to transport the purge water to an approved disposal facility. NCE assumes approximately 20 gallons of purge water will need disposal. Actual disposal costs may vary dependent upon the profiling and amount of purge water generated.
Subtask 2.4 – 2026 Annual O&M Reporting
Following completion of the O&M implementation field activities, an annual report will be prepared to present the findings and evaluate the results of the visual inspections, hydrographic survey, and groundwater monitoring and sampling.
Task 3 – Third Five-Year Review
Using existing data and the data collected in 2026, in accordance with the O&M Agreement, an evaluation of relevant historical data and existing O&M data will be conducted to prepare a FYR report as recommended in the EPA June 2001 document entitled Comprehensive Five-Year Review Guidance (FYR Guidance). The scope of work to conduct the FYR is discussed in the following sections.
Subtask 3.1 – Third Five-Year Review Work Plan
The O&M Agreement specifies that a work plan would be submitted to the DTSC for review and approval within 30 calendar days before the end of the five-year review period. The work plan will include the following:
background information, the scope of work for the FYR including the activities outlined in the O&M Plan, evaluating the performance and protectiveness of the remedies, preparation of a report presenting the findings of the FYR, a schedule for conducting the FYR activities, and references used during preparation of the work plan.
Subtask 3.2 – Public Notification
In accordance with DTSC’s Public Participation Policy, NCE will prepare a notice that (following DTSC review and approval) will be provided on DTSC’s website and advertised in the Contra Costa Times to notify the public of the commencement of the FYR. In addition, following the release of the FYR Report, NCE will also prepare a Fact Sheet that will be provided on DTSC’s website and published in the Contra Costa Times to summarize the findings of the FYR report and provide instruction on how to obtain a copy of the report. The Fact Sheet will solicit comments from the public related to the protectiveness of the current caps for human health and the environment.
Subtask 3.3 – Five-Year Review Evaluation
Upon receipt of the 2026 analytical data and hydrographic survey, NCE will conduct the Five-Year evaluation consistent with the FYR Guidance and approved work plan. The evaluation will consider the results of the annual inspections, groundwater monitoring data, hydrographic surveys, and review of other supporting data. Other supporting data is anticipated to include engineering drawings from the POR, historical site characterization information, OU1 and OU2 remedy design documents and construction documents, and previously established remedial action objectives and clean up levels. The information will be evaluated with respect to changes that may affect the validity of the previously established clean up levels and the Applicable or Relevant and Appropriate Requirements (ARARs).
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Page | 5 2026 Operations and Maintenance (O&M) Implementation Environmental Services Scope and Fee April 21, 2026
Subtask 3.4 – Third Five-Year Review Report
A FYR report will be prepared to present results and conclusions of the FYR evaluation. The FYR report will summarize all activities conducted at the site over this FYR timeframe, the current condition of the site, and provide a protectiveness statement regarding the effectiveness of the remedial action.
Task 4 – Agency Coordination Related to the 2026 O&M Monitoring The DTSC is actively involved with the project and has desired updates or requested additional data/information in the past regarding the project and previously submitted documents. This task includes budget for responding to DTSC comments and requests regarding the Site, 2026 O&M Report, and the FYR.
Assumptions
Below is a list of assumptions that apply to NCE.
For the annual inspection and groundwater monitoring and sampling, NCE assumes the following:
• Three field days for NCE staff to conduct the inspections and oversee the hydrographic survey; • The areas to be inspected are reasonably clear of stored items to allow for good visual inspection; • Minimal delays or disruption to the inspection team caused by POR operations; and • Purged groundwater generated during sampling will be characterized as non-hazardous for disposal.
For the annual reporting, NCE assumes the following:
• One draft will be prepared for POR review and one final draft will be prepared addressing POR comments.
• The POR will be responsible for submitting copies of the annual report to the DTSC and United States Army Corp of Engineers (USACE).
For the FYR reporting, NCE assumes the following:
• Two drafts of the FYR work plan and FYR report will be prepared. One draft will be for POR and the second draft will address POR comments and be for DTSC review. One final FYR work plan and FYR report will be prepared addressing DTSC comments.
• The POR will be responsible for submitting copies of the FYR work plan and FYR report to the DTSC.
Fee and Schedule
The estimated fee to perform the scope of services is $120,487. The fee estimate is shown in the attached Fee Estimate Summary. The work will be conducted on a time and materials basis in accordance with our current contract and schedule of charges. Upon receipt of completed contractual documents we will proceed. We appreciate the opportunity to present this proposal to the POR. Should you have any questions, do not hesitate to call the undersigned at (916) 388-5655.
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Sincere
ly,
Ryan Bast, PG
Senior Geologist
Michael Leacox, PG, CEG
Vice President
Attachments:
Fee Estimate Summary
127
Attachment A
Fee Estimate Summary
128
CLIENT PRICE BREAKDOWN
ALL TASKS
Project Number: Project Name:
Labor In-House Subcontractor
T A S K Hours Recoverables ODCs Cost Travel FEE Total
Task 1 / - Project Management 42.00 9,650.00 482.50 0.00 0.00 0.00 0.00 10,132.50 Task 2 / 2.1 - Visual Inspections of Caps and Salt Marsh 38.00 8,490.00 769.50 0.00 0.00 0.00 0.00 9,259.50 Task 2 / 2.2 - Hydrographic Survey 38.00 9,270.00 578.50 0.00 7,700.00 0.00 0.00 17,548.50 Task 2 / 2.3 - Groundwater Monitoring and Sampling 34.00 7,410.00 370.50 0.00 10,340.00 0.00 0.00 18,120.50 Task 2 / 2.4 - 2026 Annual O&M Reporting 74.00 16,250.00 812.50 0.00 0.00 0.00 0.00 17,062.50 Task 3 / 3.1 - Third Five-Year Review Work Plan 40.00 9,110.00 455.50 0.00 0.00 0.00 0.00 9,565.50 Task 3 / 3.2 - Public Notification 18.00 4,300.00 215.00 0.00 0.00 0.00 0.00 4,515.00 Task 3 / 3.3 - Five-Year Review Evaluation 58.00 13,440.00 672.00 0.00 0.00 0.00 0.00 14,112.00 Task 3 / 3.4 - Third Five-Year Review Report 60.00 13,370.00 668.50 0.00 0.00 0.00 0.00 14,038.50 Task 4 / - Agency Coordination for 2026 O&M Implementation 22.00 5,840.00 292.00 0.00 0.00 0.00 0.00 6,132.00 Task / - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Task / - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Task / - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Task / - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Task / - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
T O T A L 424.00 97,130.00 5,316.50 0.00 18,040.00 0.00 0.00 120,486.50 Labor
$
CD1405.55.2601 Shipyard #3 2026 O&M Implementation
2026 O&M Job Setup v2.xlsx Task Price Summary Page 1 Confidential 4/21/2026 129
July 21, 2026
Department
Economic Development
DATE: July 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:
Charles Gerard, Port Director
Subject:
Proposed Updates to Port Tariff No. 3 Rates and Fees
FINANCIAL IMPACT: All revenues generated through Tariff No. 3 are deposited into the Port Enterprise Fund and are used to support Port operations, maintenance, capital
improvements, security, and regulatory compliance
activities.
The proposed amendments include:
Adding a two and nine tenths percent (2.9 percent)
General Rate Increase (GRI) to the tariff.
Adding an environmental Clean Port Program and
Clean Air Program Fee of 200 dollars per hour.
A comprehensive rewrite of Tariff No. 3, removing
outdated provisions, modernizing language, and
standardizing document structure and formatting.
These updates will help keep the Port competitive with
other ports in the Bay Area. There is no impact to the
General Fund.
PREVIOUS COUNCIL
ACTION:
May 27,2025
September 16, 2025
AGENDA
REPORT
130
July 21, 2026
STATEMENT OF THE
ISSUE:
The Port of Richmond is seeking Tariff amendments to
apply a two and nine-tenths percent (2.9%) General Rate Increase (GRI), establish an environmental Clean Port
Program and Clean Air Program Fee of $200 per hour,
and a comprehensive rewrite of the Port of Richmond
Federal Maritime Commission (FMC) Tariff No. 3, by
removing outdated provisions, modernizing language,
and standardizing document structure and formatting.
The proposed amendment effective date shall be August
1, 2026. The Port of Richmond will maintain a
competitive position, maximize revenues and stay in
regulatory compliance
RECOMMENDED ACTION:
ADOPT a resolution approving amendments to Port of
Richmond FMC Tariff No. 3 Port and Marine Terminal
Operator Schedule reflecting a two and nine-tenths
percent (2.9%) General Rate Increase, establish an
environmental Clean Port Program and Clean Air
Program Fee of $200 per hour, and a comprehensive
rewrite of the Port of Richmond Federal Maritime
Commission (FMC) Tariff No. 3, removing outdated
provisions, modernizing language, standardizing
document structure and formatting, as approved by the
Executive Committee Members of the Tariffs & Practices
Committee of the California Association of Port
Authorities (CAPA) – Economic Development
Department (Charles Gerard 510-620 6792).
DISCUSSION:
Background
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) Port and Marine Terminal Operator Schedule. The Tariff document specifies item rates, rules, and regulations governing the use of the Port of Richmond facilities. Tariff revenues are deposited into the Port Enterprise Fund, which is separate from the City's General Fund. Revenues are used for Capital Projects, maintenance, security, and other Port improvements. The updated tariff language also helps ensure safe operations, regulatory compliance, and environmental stewardship within the Port area.
Since 2015, the Executive Director of California Association of Port Authorities (CAPA) drafts a Letter of Memorandum each year to the Committee on Tariffs and Practices (Executive Committee), requesting consideration of a General Rate Increase (GRI).
This policy allows all ports in the State of California to apply a Consumer Price Index for All Urban Consumers (CPI-U) change for the twelve-month period ending in December of each year. The policy ensures that all member ports within the California Association 131
July 21, 2026
of Port Authorities (CAPA) will consider implementing an annual General Rate Increase (GRI), thereby helping ports remain competitive.
Member ports of CAPA include: the Ports of Humboldt, Los Angeles, Long Beach, San Diego, Hueneme, Redwood City, West Sacramento, San Francisco, Oakland, Stockton, and Richmond. In the 2026 CAPA Letter of Memorandum the Bureau of Labor Statistics identified a 2.9 percent (%) increase in the West Region Consumer Price Index (CPI-U) (Attachment 1).
2026 Tariff Amendments
The Port of Richmond submitted a Docket Proposal Form #26-07 and Tariff document to the CAPA Executive Committee on June 16, 2026 (Attachments 2 and 3). The docket proposal summarizes the following amendments to the Tariff:
A recommended two and nine-tenths percent (2.9%) General Rate Increase (GRI). The 2.9% GRI is consistent with the 2026 CAPA recommendation based on the West Region Consumer Price Index for All Urban Consumers (CPI-U). (Attachment 4)
Adding an environmental Clean Port Program and Clean Air Program Fee, SECTION VIII, page 40 of the proposed Tariff replaces the 2025 Tariff Environmental Services Fee. The previous Environmental Services Fee was structured on a per-vehicle basis and was not applicable to current operating conditions. The proposed Fee of $200 per hour is directly tied to vessel compliance activities required under California Air Resources Board (CARB) At- Berth Regulations (Title 17, California Code of Regulations, Section 93130) and more accurately reflects the Port's administrative and operational costs.
A comprehensive rewrite of Tariff No. 3, removing outdated provisions, modernizing language, numbering system, and standardizing document structure and formatting for an easier read and use.
Justification of Tariff document overhaul
The existing Port Tariff document was originally written in 1994 and has not been substantially or consistently updated since that time for language, formatting, and maintenance of the document. Tracking, maintaining, and updating the previous document was burdensome. The Port retained Ruggeri Parks Weinberg LLP, a law firm specializing in maritime and port law, to assist in updating the tariff to reflect current FMC regulations and industry practices. The tariff has been comprehensively updated to incorporate current FMC requirements, reflect applicable federal and state regulations, improve organization, and simplify future administration and amendments.
Next Steps
On June 16, 2026, the Port of Richmond’s docket was unanimously approved by CAPA members. City staff recommend that the City Council adopt the resolution approving the 132
July 21, 2026
2026 amendments to the Port of Richmond Terminal Tariff, FMC No. 3 Port and Marine Terminal Operator Schedule (Attachment 4).
Upon City Council approval, the amended tariff will be filed with the Federal Maritime Commission and posted on the Port's Operations webpage. All tariff charges incurred on or after August 1, 2026, will be assessed under the amended schedule. The effective date provides sufficient time for City Council approval, Federal Maritime Commission filing requirements, and customer notification. The proposed amendments will help ensure the Port remains competitive with other California ports, maintains regulatory compliance, and supports ongoing investment in Port facilities and operations.
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, potentially create jobs to support Port activities, reduce emissions, modernize the use of the tariff document, and increase revenue for the Port.
DOCUMENTS ATTACHED:
Attachment 1 - CAPA 2026 Memorandum
Attachment 2 - CAPA Docket Proposal #26-07
Attachment 3 - 2026 Port of Richmond Tariff FMC No. 3
Attachment 4 - Resolution Approving 2026 Amendments to Tariff FMC No. 3 133
MEMBERS
Humboldt Bay Harbor District
Port of Hueneme
Port of Long Beach
Port of Los Angeles
Port of Oakland
Port of Redwood City
Port of Richmond
Port of San Diego
Port of San Francisco
Port of Stockton
Port of West Sacramento
CALIFORNIA ASSOCIATION OF PORT AUTHORITIES
CaliforniaPorts.org
OFFICERS
Dr. Noel Hacegaba
President
Kristin Decas
Vice President
David Libatique
Treasurer
Martha Miller
Executive Director
MEMORANDUM
TO: CAPA Tariffs and Practices Committee
FROM: Martha Miller, CAPA Executive Director
RE: West Region Consumer Price Index for All Urban Consumers (CPI-U) General Rate Increase (GRI): 2.9%
DATE: February 9, 2026
The Bureau of Labor Statistics has identified a 2.9% increase in the West Region Consumer Price Index (CPI-U) for the 12-month period ending December 2025. A link to the Bureau website with CPI details can be found here. CAPA’s policy relating to rate increases is as follows:
All member ports within the California Association of Port Authorities (CAPA) will consider implementing an annual General Rate Increase (GRI) based on the Bureau of Labor Statistics West Region Consumer Price Index for All Urban Consumers (CPI-U), or other local or regional CPI indices. CAPA will provide the CPI-U change for the 12- month period ending December of each year. If implementing, member ports will apply the GRI on July 1st of each year or according to their individual fiscal calendars. Ports will provide 30-day notice prior to implementation and may exercise individual hold downs on select tariffs.
Participating CAPA members may use the CPI-U or other local or regional CPI indices in connection with any general rate increase implemented this year.
Sincerely,
Martha Miller
Executive Director
California Association of Port Authorities
134
MEMBERS
Hwn b-Oldt Bay Harbo r District
Port of Hueneme
Port of Long Beach
Port of Los Angeles
Port o f Oakland
Port of Red\\'ood City
Port of Richmon d
Port of San Diego
Port of San Franc isco
Port of Stockton
Port of \\'est Sacramento
Member s of the Committ ee:
CALIFOR NIA A SSOCIATION OF PORT A UTHORITI ES
CaliforniaPorls.org
COMMITTEE ON TARIFF S AND PRACTICES
DOCKET PROPOSAL
OFFICERS
Dr. Noel l-laccgaba
Pn.•.ridt!nt
Kristin Decas
Viet' Prt!.sMt!III
David Libalique
Trt·asurt!r
~fart ha ~filler
E..rec111iw Dirt·ctor
The followin g matter is submitted for your consideration. A vote will be taken on this Docket Proposal at the regularly scheduled meeting of the Tariffs & Practices Committee on June 16 2026 Meetin g 26-06 .
Submitted by: Port of Richmond Docket No.: ----a2a...a6"---0""'7"-------- Subject: Re-write and re-formatting of Port of Richmond Tariff No. 3 and a General Rate Increase of
2.9 %.
Proposal:
• Tariff No. 3 has been overhauled in terms of content and format. Certain outdated provi sions have been removed and other language has been modernized. Certain sections, includin g Definiti ons, General Rules and Regulations , and Dockage and Wharfa ge, have been cleaned up and consolidated. • The Tariff outlin e and numb ering format was changed. The previous "SECTI ONS" protoco l for every item was replaced with a general Sections, Numbers, Letters form at. • Tariff items that were provided in Cents have all been changed to Doll ar($) format (i.e. $ 1.00). • A General Rate Increa se (GR!) of 2.9% was applied to all Tariff items. • A Clean Air Program Fee was add ed. This Tai:iff Item replace s the 2025 Tariff Environmental Services Fee based on per vehicle discharged fee that had not been implem ented or applied to any carrier s. The Clean Air Program Fee reads as follows :
o The Port will assess a Clean Air Program Fee of $200 per hour . This fee will appl y to vesse ls subjec t to the CARB At-Berth Regulations (Titl e 17, California Code of Regulations, Section 93 130) when suc h vesse ls are ca lling at regulated berths. The charge is being assesse d to offset costs assoc iated with : provision, operation, and maintenance of CARB- approved emissions control systems; monitoring and reporting activities requir ed by CARB; and admini strative complianc e support.
Justific ation:
The legacy Tariff No. 3 document appears to have been initially writt en in 1994 and has not been substantially or consistently updated since that time. Tracking, mai ntain ing, and updating the previous 135
document was burdensome. Therefore, the full document has been re-written inclusive of all required content.
The GRI is being implemented to stay current with the cost of doing business and is aligned with the Bureau of Labor Statistics West Region CPI-U for the 12-monthy period ending December 2025.
The Clean Air Program Fee is being implemented to offset the Port of Richmond's investment in provisioning CARS-Approved Emissions Control Solution for the Port's tenants.
Date: June 16, 2026
Name: Charles Gerard
Title: Port Director
cc: CAPA Executive Director
Committee on Tariffs & Practices
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Port of Richmond
Tariff No. 3
Port and Marine Terminal Operator Schedule
Effective Date: August 1, 2026
Expiration Date: None
Available at: https://www.ci.richmond.ca.us/102/Port-Operations
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TABLE OF CONTENTS
SECTION I — DEFINITIONS .................................................................................................................................... 3 SECTION II — GENERAL RULES & REGULATIONS .................................................................................................. 7 SECTION III — HAZARDOUS MATERIAL ............................................................................................................... 12 SECTION IV — DOCKAGE ..................................................................................................................................... 15 SECTION V — WHARFAGE ................................................................................................................................... 18 SECTION VI — VESSELS ....................................................................................................................................... 34 SECTION VII — CARGO HANDLING PERMITS ...................................................................................................... 39 SECTION VIII — CLEAN PORT PROGRAM ............................................................................................................ 40
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SECTION I — DEFINITIONS
Explanation of Abbreviations and Symbols
Symbol / Abbreviation Meaning
+ Addition
* Change
[C] Change; change in wording resulting in neither an increase nor decrease [D] Deletion
[I] Increase
[R] Reduction
% Percent
B.M Board measure or board measurement
Cu. Ft. Cubic feet or cubic foot
Etc. Et cetera
Incl. Inclusive
K.D. Knocked down
Kg(s) Kilogram(s)
KT 1000 kilograms
Lbs. Pounds
M3 Cubic Meter
No. Number
N.O.S. Not Otherwise Specified
Para. Paragraph
Sec. Section
Sq. ft. Square feet or square foot
S.U. Set up
U.S. United States
W/M Weight or measurement whichever yields the greater revenue & And
$ U.S. dollars
Units of Weights and Measure
International (metric) and U.S. customary units of weights and measure (based on U.S. Department of Commerce, National Bureau of Standards publications) governing the determination of rates and charges assessed under this Tariff are as follows:
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Unit Equivalent
1 Kilogram 2.2046 Pounds
1 Pound 0.4536 Kilogram
1,000 Kilograms 2204.6 Pounds (1 Metric Ton)
2,000 Pounds 907.1847 Kilograms (1 Short Ton)
1 Metric Ton 1.1023 Short Tons
1 Short Ton 0.9072 Metric Ton
1 Long Ton 2,240 Pounds
1 Long Ton 1,016.0469 Kilograms
1 Foot 0.3048 Meter
1 Meter 3.2808 Feet
1 Cubic Foot 0.0283 Cubic Meter
1 Cubic Meter 35.3147 Cubic Feet
40 Cubic Feet 1.1327 Cubic Meters
1 Bushel 0.0352 Cubic Meter
1 Cubic Meter 28.3776 Bushels
1 Liter .2642 Gallon
1 Gallon 3.7854 Liters
1 Barrel (42 Gallons) 158.9873 Liters
1,000 B.M. 83.33 Cubic Feet (2.3597cubic meters)
1 Cubic Meter 423.783 B.M.
DEFINITIONS
Note: all words or terms that have been defined within this Tariff, regardless of where stated, shall apply to the entire Tariff.
a. “Area” or “Port area” refers to the premises, wharves, landings, docks and any other areas within the Port of Richmond, California, under the possession, operation or control of the City of Richmond by and through its Port Department.
b. “Bulk cargo” or “in bulk” means merchandise that is loaded and carried in bulk without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment shall be subject to mark and count and is, the refore, subject to the requirements of this part.
c. “City Council” is The City Council of the City of Richmond, a municipal corporation of the State of California, 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. 140
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d. “Coastwise” or “Coastwise Trade” is trade in which merchandise is transported by vessel between U.S.
Pacific Coast ports, as well as to or from British Columbia, Canada ports. e. “Container” is a rigid, non -disposable, intermodal dry cargo, insulated, refrigerated, flat rack, liquid tank or open -top container, demountable, of not less than 225 -cubic feet capacity, furnished or approved by an ocean carrier for transportation of merchandise aboard a vessel. f. “Correlation of Federal Maritime Commission definitions,” Part 525, Subchapter B, Chapter IV of Title 46 Code of Federal Regulations, as amended from time to time, contains definitions of certain terminal services; pursuant to Section 525.1(a), the definitions in Section 525.1 (c) and the correlated definitions contained in this Tariff are as follows:
• Section 525.1(c) (5) – Dockage
• Section 525.1(c) (24) – Wharfage
• Section 525.1(c) (9) – Free Time
• Section 525.1(c) (23) – Wharf Demurrage
• Section 525.1(c) (20) – Terminal Storage
g. “Delinquent List” means that list of invoices for which full payment is not received by the Port thirty (30) calendar days from the date of the invoice.
h. “Direct” is continuous operation between barge, car/truck and vessel by stevedores. i. “Hazardous materials,” “hazardous waste,” “hazardous substance,” and/or “dangerous cargoes” are materials designated by U.S. Environmental Protection Agency (EPA), International Maritime Organization (IMO), California Health & Safety Code (CHS), U.S. Coas t Guard (USCG), or the City of Richmond Fire Department as capable of posing a significant risk to health, safety or property when transported, stored or released, or which qualify as hazardous due to their characteristics under CHS Code, Title 22, as me nded from time to time; they include but are not limited to acids, corrosives, explosives, oxidizers, poisons, reactives, flammables and combustibles, or any other federal or state definition of hazardous waste, substance or toxin.
j. “Inbound” is that which is being or has been discharged from a vessel. k. “Intercoastal Trade” is trade in which merchandise is transported by vessel between U.S. Pacific Coast ports and U.S. Atlantic, Gulf and Puerto Rican ports.
l. “Legal holiday” shall mean and include the following days:
(i) New Year’s Day
(ii) Martin Luther King Jr. Day
(iii) Presidents’ Day
(iv) Farm Workers Movement Day
(v) Memorial Day
(vi) Juneteenth
(vii) Independence Day
(viii) Labor Day
(ix) Admissions Day
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(x) Indigenous Peoples’ Day
(xi) Veterans’ Day
(xii) Thanksgiving Day
(xiii) Friday following Thanksgiving Day
(xiv) Christmas Day
(xv) Other legal holiday that may be proclaimed by Federal or California State authority.
Note: When any holiday falls on Sunday, the Monday following will be observed as the holiday. m. “Merchandise” includes, but is not limited to, cargo, commodities, goods, freight, liquids, and materials of any kind, animals, vessels’ stores, supplies and bunkers. n. “Operator” shall include all assignees, tenants, permittees, contractors and any person operating on Port facilities.
o. “Outbound” is that which is being or has been assembled and is awaiting loading to a vessel. p. “Overtime” are hours before 8 a.m. and after 5 p.m., Saturdays, Sundays and Legal holidays. q. “Person” shall mean any individual, corporation, partnership, association, joint venture, trustee, receiver, agent, representative, county, state or federal agency, board or commission. r. “Port” shall mean the Port of Richmond under jurisdiction of the City Council (with jurisdiction to make, enforce and govern the use and control of navigable waters and lands within the Port), and shall include berths at marine terminals, wharves and commercial shipyard facilities within the Port. s. “Port Director” is the administrative head of the Port of Richmond, including their duly authorized agent, designee or representative; whenever this Tariff gives the Port Director power or authority to do or perform any act, such designee shall have like power and authority, and any such action taken pursuant to this Tariff shall have the same force and effect. t. “Tariff” means this publication containing rates, charges, classifications, regulations and practices of a Terminal Operator, including usage, customs or modes of operation that affect, determine or change rates, charges or services provided by a Terminal Operator (also referred to as a “tariff” or “schedule”). u. “Terminal” includes all piers, wharves, docks, landings or other property or terminal structures operated by the Port.
v. “Terminal Operator” means a person or conference in the U.S. (including a commonwealth, territory or possession thereof) that provides wharfage, dock, warehouse or other terminal facilities in connection with a common carrier, or in connection with a common carrier and a water carrier subject to subchapter II of chapter 35 of title 49 USC; this includes, but is not limited to, terminals owned or operated by states and their political subdivisions; railroads that perform port terminal services not covered by their line haul rates; common carriers who perform port terminal services; and warehousemen who operate port terminal facilities.
w. “Ton” means 1,000 kg, gross weight, unless otherwise provided; and “measurement ton” means one cubic meter (35.315 Cubic Feet) based on vessel manifest or computed by using outside dimensions of all sides of the package.
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SECTION II — GENERAL RULES & REGULATIONS
1. Application
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 d etermine 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.
2. Compliance with Government Regulations
Any users of the Port Terminals shall, at their own expense, operate or use the Port premises in a clean, wholesome and sanitary condition. Such operation must comply with any and all present and future laws, ordinances, general rules, or regulations related to sanitation, pollution, public health, safety or welfare. Users will also comply with all applicable laws, adopted by Federal, State, local and other governmental agencies or departments or offices thereof, including without limitation, laws pertaining to air quality, water quality, noise pollution, odor, soil and other environmental regulations.
3. Compliance with Tariff; Failure or Refusal to Pay Charges a) It shall be unlawful for any person to collect or attempt to collect any rate, charge or fee set out in this Tariff, or to land, ship, deposit or remove merchandise or other property on or from any wharf, wharf premises or other premises under the jurisdi ction of the Port, without written approval by the Port Director to do so.
b) It shall be unlawful for any person to fail, refuse or neglect to comply with any of the provisions prescribed by this Tariff, or to utilize or make use of any wharf, landing, watercraft, facility, utility, structure, improvement or appliance under the jurisdiction of the Port, or to make use of the navigable waters of, without paying to said Port the proper toll, charge or fee therefor as may be fixed and specified in this Tariff.
c) It shall be a separate offense for each day (or portion thereof) this Tariff is violated.
4. Payment Terms
a) The use of Port facilities or service is conditioned on satisfactory assurance of 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. Cash payment for all anticipated Ta riff charges is required in advance, 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.
b) Invoices as issued by the Port are due and payable upon presentation. Port charges are due and payable as incurred. Any invoice for which full payment is not received by the Port thirty (30) calendar days from the date of the invoice is delinquent and shall be placed on the Delinquent List. A delinquent invoice shall be subject to a delinquency payment to the Port, equal to .0667% percent of such delinquent charges per day, for each day thereafter until paid in full. Penalty charges prescribed in other items of this Tariff are separate and distinct from the delinquent payment charge assessable under this item
c) No vessel which has been placed on the Delinquent List shall be permitted to use any Port berth without first paying double the dockage incurred and not paid. 143
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d) Wharfage, wharf demurrage, wharf storage and any other charge assessed against merchandise shall be paid at rates stated in this Tariff; charges shall be paid by the owner of the merchandise and collected by the vessel discharging or loading the merchandise through its owner, agent, manager, master, berth assignee or other authorized person. All charges assessed against merchandise shall be paid prior to removal or delivery thereof from the wharf or wharf premise. e) The vessel, its owner and charterer jointly and severally, and berth assignee guarantee, shall be liable for payment of all charges whether or not collected. The use of a wharf or wharves by the vessel, its owner or charterer or acceptance of a berth assignment by an assignee constitutes acceptance and acknowledgement of the liability for and guarantee of all applicable charges. f) Wharfage, wharf demurrage, wharf storage and any other charges in this Tariff that are assessed against merchandise are liens against all such merchandise deposited upon any wharf or other premises under the jurisdiction and control of the Port. The Port, its agents and assignees, may hold possession of any or all of such merchandise to secure payment of any or all of such charges until paid.
a. The Port may take physical possession of merchandise that remains on the wharf or other premises longer than the time prescribed in this Tariff; if accrued charges are not immediately paid thereafter, the Port may, at any time after taking possession, rem ove and store merchandise at the charge, risk and expense of the merchandise, its owner or consignee. The Port may sell any or all such merchandise at public auction, with or without notice. b. In order to keep wharves and other premises under the Port’s jurisdiction and control free of obstruction, the Port may serve written (or post thereon) notice on the owner, agent, consignee or person in possession or having custody of such obstructing merchandise, material or structure, requiring removal within 24 -hours; on failure to comply, the Port may remove or store it at the charge, risk and expense of owner or consignee. Further, the Port may sell such merchandise, material or structures at public auction, with or without notice, and such sale will be subject to immediate removal, if not already removed. c. Proceeds from public auction shall be used to satisfy charges assessed against merchandise, plus 10% and in the case of obstruction, $120 for each day during which the wharf or other premises were obstructed (any surplus shall be paid to proper person). The owner, consignee or proper person shall be liable for and pay the Port any charges, fees and costs not satisfied from sale proceeds.
d. A vessel agent or person requesting reservation of a berth (“Berthing Agent”) shall, as part of the process, provide information as to the vessel, estimated arrival and departure, amount(s) and type(s) of cargo to be loaded/discharged and shall estimate t he port charges, as enumerated and responsible party; such information shall be provided on the Port’s Berthing Application form. Submission of such form, signed by the Berthing Agent, shall attest to the accuracy of information therein supplied, based o n information available to the Berthing Agent at time of submission; the Berthing Agent shall be personally liable for any financial loss suffered by the Port as a result of the agent’s failure to report accurately.
5. Cargo Statements; Penalties
Upon request, the owner, agent, master or other person in charge of a vessel or cargo must furnish to the Port Director where such vessel is discharging or loading, complete and legible copies of vessel’s manifest, name of 144
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consignee and/or consignor, weight and measurements of all freight, which shall be placed on record or filed by the Port.
6. Right to Audit
a. The Port may conduct an audit; all users of Port facilities shall fully cooperate with such audit and permit access to any records related to transactions under this Tariff which shall include, but not be limited to, shipping, receiving, accounts payable and receivable, and accounting records. If the user’s business operations conducted within or from Port premises are part of a larger business operation, the Port shall have the right to audit such records. b. If a user’s records are not available within the Port’s limits, users agree to pay all necessary travel expenses incurred by the Port in order to conduct audits at locations where said records are maintained.
7. Right to Refuse Cargo; No Liability
a. The Port reserves the right to refuse, within its sole discretion, to handle any cargo or commodity which, in its opinion, is not suitable for handling within the Port. The Port Director further reserves the right to order any party to cease use of the premises or stop operations at any time to require repairs, to correct an unsafe condition when, in the Port Director’s opinion, any operation is not in accordance with the terms and conditions of this tariff, the Assignment or whenever it is necessary for the best interests of the Port.
b. The Port shall not be liable for loss or damage to merchandise on or being moved onto, through or under any wharf, structure or property owned, controlled or operated by the Port, from any cause whatsoever, including loss or damage caused by or resulting from: pilferage; animal (including rats, mice and other rodents); insects (including moths and weevils); shrinkage; wastage; decay; seepage; leaky containers; heating; evaporation; fire or extinguishment thereof; explosion; leakage; discharge from fire protection systems; dampness; rain; floods; freezing, frost or other elements; collapse of wharves, piers or other structures; breakdown of plant, machinery or equipment; floats, logs or pilings to break vessels away from wharves; sabotage; insurrection; revolution; war; riots; strikes; or act of God.
c. The Port and City assumes no responsibility whatsoever and shall not be liable in any manner or degree for any merchandise accepted for storage, or for any care, handling, insurance, loss or damage with respect thereto, unless such merchandise is receipted for on behalf of the Port or city by an officer or employee thereof authorized to execute such receipts and then only to the extent that responsibility and liability shall be absolutely imposed by operation of law. d. Nothing in this section shall be deemed to relieve the Port from liability for cargo loss or damage pertaining to receiving, delivering, handling, or storing property at a marine terminal due to its own active negligence or intentional misconduct.
e. The Port shall not be responsible for delays to vessels docked at, seeking berths or any Port facility, regardless of the cause
8. Right of Entry & Inspection
a. The Port Director and any authorized agent may board or inspect any vessel, cargo or merchandise thereon to determine compliance with environmental regulations and/or verify its condition in 145
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any respect; and enter and inspect any wharf, warehouse or location within the jurisdiction of the Port for purposes of carrying out its duties.
b. It shall be unlawful for any person to hinder or molest the Port Director or such agent or refuse entry onto a vessel or other premises for any specified purpose hereunder.
9. MTSA Regulations
a. Every Operator on or using any Port facility shall comply with the Maritime Transportation Security Act (“MTSA”), MTSA Regulations, and requirements for a facility security plan (“FSP”), and partake in necessary training or provide proof of required train ings such as general security awareness, persons with security duties or other as deemed necessary by the FSP and or MTSA regulations. b. An Operator’s failure to comply with the FSP that results in a notice of violation and or a fine, will be the Operator’s sole responsibility. Any additional costs incurred by the Port to remediate or to ensure compliance will be assessed on the Operator and will include a 15% service charge.
10. Suspension of Access Privileges
Even though a person may have a valid Transportation Workers’ Identification Credential (TWIC), the Port takes seriously the security of its facilities; the Port therefore reserves the right to deny access to the Port by any person with a TWIC card and/or suspend access privileges if the person has been charged with any of (but not limited) to the following:
• Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, or export, in any way concerning (a) a firearm or other weapon, or (b) drugs and/or other controlled substances;
• Extortion;
• Identity Fraud, including but not limited to false identity; • Bribery;
• Perjury; or
• Smuggling.
This shall include charges for attempting to commit any of the above listed crimes and/or misdemeanors.
11. Compliance with Government Regulations and Environmental Compliance Every user of Port property or facilities shall at all times, at their own expense, maintain such property or premises in a sanitary condition and in compliance with all laws, ordinances and regulations relating to sanitation, management of hazardous materials, hazardous substances or hazardous waste, public health, safety or welfare, and shall obey and comply with all applicable civil environmental laws, adopted by The Department of Homeland Security, U.S., State of California, the Port, and other local governmental bodies.
Any cargo operation related materials determined by the Port and its staff to pose a risk to the environment shall be cleaned up by the start of the following operational shift, by those responsible for the material. If material, such as, but not exclusive ly, trash, lashing, packing materials, cladding, flagging, dunnage, spilled liquids or solids are not cleaned up appropriately, the Port will undertake the cleanup and bill the responsible parties for the clean-up and any associated fees and staff time. 146
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12. Perishable/Undesirable Cargo
The Port Director may remove any perishables, cargo that may damage other cargo, bulky freight or undesirable cargo or material, with or without notice, to another location within the terminal or Port facility, or to private facilities at the sole risk and expense of the owner. Trash or other substance on which no wharfage is charged shall be removed from the wharf by the person or persons placing it there; upon failure to do so, it shall be removed by order of the Port Director at such person’s sole expense.
13. Vehicle Operations
a. It shall be unlawful for any person to: drive, operate, stand or park, or to cause or permit to be driven, operated, stood or parked, any motor or other vehicle on any wharf or landing in the Port, except to load or discharge freight, or while engaged in performance of necessary duties that requires such vehicle thereon. The operator of such vehicle shall immediately remove such vehicle on completion of such duties or business.
b. Any person operating or driving a motor vehicle or other vehicle on any wharf or wharf premise or within any transit shed, warehouse, marine terminal area, or any other area where merchandise is being handled, shall do so at a careful and prudent speed not greater than is reasonable, having due regard to the traffic and shall not drive in a manner that may endanger the life, limb or property of any person; in no event shall speed exceed 10-miles per hour, unless otherwise posted in such area.
c. It shall be unlawful for any motor vehicle to be stored on Port property unless authorized by the Port. Any violation shall result in the vehicle being removed at the expense of the owner, as well as any penalties under the Schedule.
d. It shall be unlawful for any person to park, abandon or store any vehicle, tractor, trailer, chassis or other object in areas designated as restricted parking areas; any violation may be subject to penalties under this Tariff.
14. Damage to Property
a. No person shall damage or deface any property in the Port; any person or vessel responsible for damage to any property shall be liable for the cost and expense of replacement or repair. b. If there is any damage to wharf, wharf premises, facility or other property at the Port, the person responsible in any way for such damage, as well as the person to whom such wharf, wharf premises, facility or other property is assigned or being used, and the master, owner, operator, or agent of any vessel, vehicle or other instrumentality involved in such damage, shall promptly provide a written report to the Port Director, setting out date and time, names and addresses or, if unknown, description of wi tnesses and other persons, vessels or instrumentalities involved in the damage, as well as all pertinent facts and information. Refusal to do so (in addition to penalties under this Tariff) may result in refusal to allow use of any wharf or other facility at the Port until full reimbursement has been made.
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SECTION III — HAZARDOUS MATERIAL
1. Right of Refusal
The Port Director may refuse permission to any person, vessel or entity transporting hazardous material or other dangerous cargo to store or berth at any dock, wharf, bulkhead area or alongside any transit shed, and may at any time cause such hazardous mat erial or dangerous cargo to be removed at the sole expense of the vessel, cargo owner or assignee.
2. Permit; Compliance with Regulations
a. It shall be unlawful for any person, vessel or entity to handle, transport, load, discharge or store any hazardous material or dangerous cargo on any vessel, lighter, barge or other conveyance at any dock, wharf, bulkhead area or in any transit shed or wa rehouse on Port property, unless a special permit has been obtained from the Port Director and such materials are handled, stored and transported according to any and all applicable laws and regulations. b. Hazardous and dangerous cargo that is permitted to enter Port facilities must be prepared for shipment in accordance with U.S. Department of Transportation Regulations, contained within 49 CFR 100-185 as may be amended from time to time; shipping document s required by 49 CFR for shipment of hazardous and dangerous cargo must be submitted to the Port Director prior to such cargo’s arrival.
c. Hazardous and dangerous cargo stored at Port facilities must be placed in designated areas that conform to “Handling of Explosives or other Dangerous Cargoes within or Contiguous to Waterfront Facilities” Regulations (33 CFR 126) and applicable Uniform Fire Code (NFPA 307). d. During loading or discharge of cargo, precautions must be taken to prevent pollution or toxic, hazardous and dangerous cargo from entering Port waters, and operators of such cargo must meet all requirements of the Clean Water and Clean Air Acts and their California State equivalents, and any other pertinent State or Federal environmental compliance requirements.
3. Explosives
a) It shall be unlawful for any person to handle, transport, load, discharge, stow, or retain any dangerous cargo on any vessel in Port of Richmond unless such person shall have fully complied with the provisions of the federal regulations, entitled "EXPLOSIVES OR OTHER DANGEROUS ARTICLES ON BOARD VESSELS," as amended, promulgated by the Secretary of Commerce pursuant to Sec. 4472, as amended, U.S. Revised Statutes (46 U.S.C. Para. 170) and entitled "U.S. COAST GUARD TANK VESSEL REGULATIONS," as amended, promulgated pursuant to Sec. 4417a of the U.S. Revised Statutes (46 U.S.C. Para. 391a), and any other applicable federal, state, or municipal laws or regulations. a. The Port Director may at their sole discretion issue a special explosives permit, subject to terms and conditions that are not contrary to or inconsistent with any applicable laws or regulations; any application for such permit shall include a description , quantity, stowage and pertinent information on the explosives.
4. Prohibited Discharges and Maintenance Activities
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 148
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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. When disposal is required from a vessel berth at any Port of Richmond facility, a licensed disposer or recycler must be utilized.
b. It shall be unlawful for any person to pump, discharge or deposit, or to cause or permit to be pumped, discharged or deposited, or to pass or to allow to pass or to escape in or into the waters of Port any of the following materials or substances: oil, sp irits, combustible liquids, coal tar, refuse, residuary products of coal, petroleum, asphalt, bitumen, or other carbonaceous materials or substances, or any products or compound of, or any bilge water containing any of said materials or substances; and it shall be unlawful for owners, masters, officers and agents of vessels, terminal operators and others on shore, or any person participating in the transfer of such materials or substances, or products or compounds thereof, or any bilge water containing any of said materials or substances, having knowledge of the pumping, discharging, depositing, passage or escapement of such materials or substances, to fail to report the same immediately to the Port; and upon discovering such pumping, discharging, depositing, passage or escapement, such owners, masters, officers and agents of vessels, terminal operators and others on shore, or any person participating in the transfer of such materials or substances, shall forthwith confine any such materials or substances and clean up and remove the same from the waters of the Port. c. It shall be unlawful for any person to pump, discharge or deposit, or to cause or permit to be pumped, discharged or deposited, or to pass or to allow to pass or escape in or into the waters of the Port any foul bilge water, ballast, slops or refuse witho ut having first obtained written permission so to do from the Port.
5. Fumigation Prohibited
Fumigation of cargo in any Port facility is prohibited except when permitted by the Port Director and applicable agency.
6. Petroleum Products
a. A Cargo Handling Permit, as set forth in Section VI, must be obtained from the Port Director to handle petroleum products; application for such permit shall include compliance with all applicable laws and regulations, proof of financial responsibility, op erations manual, notification systems and spill prevention plan.
b. Petroleum products handled by tanker truck, if allowed, shall be scheduled by the Port Director; scheduling shall include amount of petroleum product, number of trucks and estimated time to complete operation. On completion, the permitted handler shall re port to the Port Director the certified record of fuel transferred.
c. Vessels berthed at any wharf, pier or bulkhead, or lying alongside any vessel so berthed, may take on board gasoline or distillate only if permission is granted by the Port Director. Delivery, other than through pipeline, must be made directly from “vehicle to vessel or vessel to vehicle.” If the vessel is not ready to receive delivery, the loaded vehicle may not wait on the wharf or pier but shall depart.
d. No person shall allow or permit any vessel to load or discharge bunker fuel, or load or discharge any petroleum or petroleum products in bulk, unless all scupper pipes leading from the decks of such vessel are closed up and plugged by vessel owners, maste r or agent, and made oil tight to 149
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prevent any oil being spilled onto the deck of such vessel from running through the scuppers into Port waters.
e. When not shipped in containers and 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; other petroleum products shall be subject to estimated weight of 7.4 pounds per gallon.
7. Flammable Liquids
a. Flash point of liquids shall be determined under the American Society for Testing Materials’ Standard Method of Tests, Designation D 56 -21, using the Tag Closed Tester for all volatile flammable liquids flashing below 175 degrees Fahrenheit (79.5 degrees Celsius), except for products classed as fuel oil, and using the Pensky -Martens Closed Tester for fuel oil, Designation D 93-22.
b. It shall be unlawful for any person to handle or store gasoline, kerosene, distillate or other liquid petroleum product or flammable liquid which will flash below 175 degrees Fahrenheit (79 degrees Celsius) closed cup test, on the wharves, in the warehouse or on Port waters, or to handle or store liquefied petroleum gas on any wharf.
8. Empty Drums
Drums or any type of container that have been used for storage or transportation of hazardous and dangerous cargo, or petroleum products, may not remain within Port area after sunset of the day received, without a permit from the Port Director; storage of such materials must be secured in approved containers, properly labeled, and stored in a manner to preclude any release into Port waters and shall comply with applicable laws and regulations.
9. Hot Work
Hot work is any operation involving oxyacetylene or electric welding, burning, cutting or other heat producing activities, and is prohibited at the Port and on any vessel berthed at the Port unless approved in writing by the Port Director and only in compliance with applicable laws and regulations. Notice shall be given to the Port Director prior to the start of any approved hot work (including start date, time and duration). However, hot work is prohibited during movement or transfer of hazardous and dangerous cargos or petroleum products.
10. Smoking Prohibited
It shall be unlawful for any person to smoke, light a match, use or carry any open flame within 50 -feet of any fuel transfer or operation, or on any vessel being fueled or transferring flammable materials, or in any “No Smoking” area designated by the Port Director.
11. Fire-Fighting Apparatus
No person shall obstruct or interfere with, use, remove or disturb any fire extinguisher, fire hose, fire hydrant, or fire sprinkler system, fire -fighting appliance or apparatus installed on any wharf, warehouse, building, structure or premises under juris diction of the Port, except to prevent a fire or to repair such equipment or conduct a test thereof.
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SECTION IV — DOCKAGE
Definitions
“Dockage” means the charge assessed against a vessel for berthing at a wharf, pier, bulkhead structure, or bank or for mooring to a vessel so berthed.
1. 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.
b. One-half of the full dockage shall be assessed against all vessels, when berthed offshore of a vessel that is paying full dockage. 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. c. 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.
2. BASIS FOR COMPUTING 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 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 then 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 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.
3. 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, applicable thereto. The berthing 151
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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 u se 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 (includin g 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.
4. DOCKAGE PERIOD
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.
No deductions shall be made for Sundays, Holidays, or because of the weather conditions.
5. Free Dockage
Free dockage may be given to a vessel when, in the discretion of the Port Director, conditions warrant temporary suspension of regular dockage charges against:
a. Combat, training, and auxiliary vessels of the U.S., other Federal Agencies, similar vessels of other nations, and vessels engaged solely in research, education or training. b. Vessels owned or operated by the State of California. c. Tugboats actively engaged in towing operation or when berthed offshore or alongside a wharf or other structure, while awaiting completion of towing operation. d. Pilot or tugboats while picking up or dropping off pilots. e. Vessels using berths for short duration solely for U.S. Customs clearance. f. Crane or derrick barges while being used in stevedoring operations. g. Waterside related construction or survey with prior approval from the Port Director.
6. Port Employed Vessels
a. Vessel operators who provide necessary services on a frequent basis for operation and maintenance of Port facilities, or who operate vessels utilizing Port facilities (including barges, lighters, tugs or similar vessels exclusively to and from Port facilities) may, on written application to the Port Director, be granted special monthly rates. b. This special monthly charge shall be revocable at the discretion of the Port Director, and shall not entitle such vessels to any preferential berthing rights; such vessels shall vacate any particular berth if so ordered by the Port Director.
7. Dockage Rates on Vessels Engaged in All Trades (Formerly Item: 07100) Except as otherwise provided, dockage charges shall be assessed against all vessels in all trades at the rates provided below.
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Over But Not Over Charge for First 24 Hour Period Or
Part Thereof (1) 2.5%
0 30 $121.00
30 45 $171.00
45 60 $237.00
60 75 $358.00
75 90 $488.00
90 105 $765.00
105 120 $1,095.00
120 135 $1,487.00
135 150 $1,920.00
150 165 $2,413.00
165 180 $2,996.00
180 195 $3,575.00
195 210 $4,237.00
210 225 $4,953.00
225 240 $5,725.00
240 255 $6,555.00
255 270 $7,443.00
270 285 $8,382.00
285 300 $9,376.00
300 315 $10,427.00
315 330 $11,532.00
330 345 $12,695.00
345 360 $13,913.00
360 375 $15,181.00
375 390 $16,510.00
390 (2)
(1) 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. (2) Dockage charges for vessels over 390 meters in overall length shall be $17,409 per day plus $45 dollars per day for each meter of overall length or fraction thereof in excess of 390 meters
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SECTION V — WHARFAGE
1. Definition
a. “Wharfage” is a charge assessed against the cargo or vessel on all cargo passing or conveyed over, onto, or under wharves or between vessels (to or from barge, lighter, or water), when berthed at wharf or when moored in slip adjacent to a wharf. Wharfage is solely for the use of a wharf and does not include charges for any other service.
b. “Wharf” is any wharf, pile, quay, landing or other structure to which a vessel may make fast or be utilized in the transit or handling of goods and merchandise; shall also include all area between the pierhead and bulkhead lines, excepting, however, such location as may be designated and set apart as public landings or for private use.
c. “Wharf premise” is defined and shall be deemed to mean and include, in addition to the area included in the term “wharf,” other port terminal facility areas, alongside of which vessels may lie or which are suitable for and are used in the direct loading, unloading, assembling, distribution or handling of merchandise under, over, or onto a wharf.
2. Application of Wharfage Rates (Formerly Item: 08100) (a) Except as otherwise provided in this tariff, wharfage, as defined as above, 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.
(b) Commodities not specifically named in this section will be subject to the Cargo N.O.S. rate basis specified.
(2) Non-Containerized Cargo:
(a) Wharfage will be assessed charges in dollars 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 dollars 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 trad e 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.
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(e) “Transferred cargo” means cargo or merchandise received at a Port of Richmond terminal facility from rail car, truck, or vehicle, or removed from a Port of Richmond terminal facility by rail car, truck, or other land vehicle. Transferred cargo will be as sessed the applicable wharfage on the basis as cargo moving by vessel at the rate of $153.00 per twenty-foot equivalent container unit (TEU) prior to leaving 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 $143.00 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.
(f) “Transshipped cargo” means cargo discharged from a vessel at one Port of Richmond terminal facility and reloaded to another vessel from the same or another Port of Richmond terminal facility. Transshipped cargo will be assessed applicable wharfage at the initial discharge only. The applicable wharfage on transshipped cargo will be assessed whether assessed at the initial discharge, or at the final Port of Richmond terminal because no wharfage charge was applicable at the initial terminal. Transshippe d commodities will be subject to Port audit and verification. In the event of audit finds the transshipped commodities are not specifically named then wharfage will be assessed under the rates for Cargo, N.O.S. 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.
MANIFESTS AND STATEMENTS (Formerly Item 08110)
(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 fifteen (15) 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 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. Failure to do so may result in a penalty equal to .0667% per day, for each day documents are not made available, of the total charges due subject to a minimum penalty charge of 2% of total wharfage charges. 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 ninety (90) 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. 155
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(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 -nine dollars ($199.00) 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.
PAYMENT OF WHARFAGE CHARGES (Formerly Item 08115)
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.
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 th e cargo owner or federal agency making the request, pursuant to all applicable terms and conditions of this tariff.
FREE WHARFAGE Formerly Item 08125)
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.
Rates are in dollars per 1,000 KGs or Cubic Meter as manifested, except as noted.
ITEM 09100
Aluminum Cans, empty, new (Per Cubic Meter) .......................................................................................... $4.65 ITEM 09102
Boats, including launches, skiffs and yachts (Per Cubic Meter) .................................................................... $4.46 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 .................................................................................... $7.12 ITEM 09110
Cargo, in bulk, viz.: (not in containers)
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(Alfalfa or Beet Pulp), Safflower Seed, Seeds, Soybeans .............................................................................. $2.64 Scrap Metal ................................................................................................................................................... $2.36 ITEM 09115
Cargo, in bulk, N.O.S ..................................................................................................................................... $1.76 ITEM 09120
Cargo or Merchandise, bulk, moving in containers (Per 1,000 Kilograms) ................................................... $7.18 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………………………………………………………………………………………………………………………….$115.25 Per Unit Over 7 meters ............................................................................................................................. $210.95 Per Unit
ITEM 09120
Coffee, green, in bags, per ton of 1,000 kilograms ....................................................................................... $7.11
ITEM 09135
Fuel, bunker or petroleum products, for use of vessel to which initially delivered From barge to vessel ..................................... $0.96 From car or truck to vessel ........................... $1.72 ITEM 09150
Liquids, N.O.S. in bulk from or to vessel through pipeline (See Exceptions) ................................................ $2.01 EXCEPTIONS: Bunker Fuel and/or No. 2 Diesel Oil
Per barrel of 159 liters ....................................................................................................................... $2.06 Petro-Chemicals and Aquatic Ammonia, but excluding petroleum and other petroleum products . $2.01
ITEM 09150
Livestock or other animals per head ............................................................................................................. $6.66
ITEM 09155
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.) ..................................................................................................................................... $12.14
EXCEPTION:
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Eucalyptus Logs (Per 1,000 Kilograms) ......................................................................................................... $5.03 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.) ..................................................................... $10.20
Timber, Sawn (Pinus Radiata)
Inbound Only (Per Cubic Meter) .................................................................................................................. $3.55
Dunnage and Ship Lining (Per 1,000 Ft. B.M.) ............................................................................................ $10.44 Piles and poles, per lineal meter ................................................................................................................... $0.56
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) .......................... $9.18 60,001 to 120,000 (Per BDU) .......................... $6.93 Over to 120,000 BDU (Per BDU) .......................... $5.18
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) ........................................................................................................................................... 5.21 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 $120.39 is applicable.
Steel viz.: (See Exception)
Coils, Minimum 1,000 tons, one consignor, one consignee, one vessel ...................................................... $6.50 Wire Rod, in bundles or coils, minimum 500 tons,
one consignor, one consignee, one vessel ................................................................................................... $6.49 Exception: From one consignor to one consignee for each consecutive 12 -month period commencing July 1, 1994:
60,001 to 100,000 tons $5.76
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100,001 to 130,000 tons $5.18
Over 130,000 tons $4.92
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: NOTE: Will not apply on Coastwise, Inland Waterway and Intercoastal trade ................................. $4.46
ITEM 09175
Paper and Paper Products, N.O.S.
Not in Containers .......................................................................................................................................... $7.55
ITEM 09180
Racks, KD, empty, viz.:
Used Automobile Parts Racks or Engine Racks; Being
Returned to Origin (Per 40 Foot Container) ............................................................................................. $175.96
ITEM 09185
United States Mail, per ton 1,000 kilograms .............................................................................................. $13.22
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 ........................................................................................................... $17.49 Per Van Overall Length 7 -9 Meters ............................................................................................................ $19.55 Per Van Overall Length Over 9 Meters ..................................................................................................................... $26.75 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 ................................................................................................................................................ $32.27 NOTE 1 ................................................................................................................................... $9.26 159
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When privately owned, per vehicle ............................................................................................................ $34.99 NOTE 1 ................................................................................................................................. $10.29 EXCEPTION: Does not include agricultural, earth moving or road making vehicles.
NOTE 1: Received from rail car, truck or other land vehicle and removed by rail car, truck or other land vehicle.
ITEM 09200
Vehicles, Commercial, including chassis, freight trailers, freight semi-trailers, agricultural, earth moving or road- making equipment,
per ton of 1,000 kilograms .......................................................................................................................... $23.67 See NOTE 1, Item 09195 ..................................................................................................................... $19.55 each
ITEM 09205
Vehicles, viz:
Truck tractors, only, with or without fifth wheel, excluding chassis, vans, or trailer attachments, Per ton of 1,000 kilograms .......................................................................................................................... $15.00
ITEM 09210
Vehicles, empty, other than self-propelling, viz.:
Trailers, House or Vacation, Mobile, S.U.; with
or without wheels, per cubic meter ............................................................................................................. $5.78
ITEM 09215
Wood and Wood Products, N.O.S., not in containers .................................................................................. $7.11
ITEM 10100
RATE BASIS A: $88 PER TEU or:
CONTAINERS LENGTH IN METERS
CONTAINERS
LENGTH IN
METERS
0 -7 M (20FT.) 7 - 9 M (20FT.) 9 - 13 (20FT.) OVER 13M (45FT.)
PER CONTAINER
RATE
$119.36 $140.97 $231.53 $261.37
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:
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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
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
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 $162.58 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:
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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 $189.34 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.): $193.45 PER TEU OR:
161699.00
CONTAINER
LENGTH: 0 - 7M 7 - 9M 9 9 - 13M OVER 13M
IN METERS (20 FT.) (24 FT.) (40 FT.) (45 FT.)
Per container Rate $194.48 $217.12 $389.99 $437.33
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 $74.09 per Container 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 $169.79
7 - 9M $204.77
9 - 13M $338.54
OVER 13M $379.70
ITEM 10500, 10600, 10700
Vans, Containers, empty, as described in Item 01210 (Subject to NOTE 1) Overall Length, in meters ITEM NUMBER
0 - 7 $18.52 per container 10500
7 – 9 $31.90 per container 10600
Over 9 $36.02 per container 10700
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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).
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 th e 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 -Paragraph 1) hereof but will, instead be computed on the first of month balance system as follows:
(b) 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.
(b) 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.
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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.
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 t he cargo (merchandise) is 164
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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. (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.
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 lot s 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 $20.58 (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 $19.55 per month or fraction thereof on each invoice. (c) MONTHLY STORAGE: The minimum storage charge shall be $28.81 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. U pon expiration of free time, storage charges will be assessed under the provisions of Paragraph of this item. (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.
ITEM 12100 PER CONTAINER WHARF DEMURRAGE RATES
(See Item 11100)
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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 dollars 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
Feet B.M., or fraction thereof $0.58 $1.13
Vehicles, motor, on wheels or
treads, as described in Item N.O.S.
09195, 09200, 09205 and 09210
Per vehicle
$1.65 $3.25
ITEM 12110 PER CONTAINER WHARF STORAGE RATES
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
DAILY STORAGE RATE
PER DAY OR FRACTION
THEREOF
MONTHLY STORAGE
RATE PER MONTH
OR FRACTION THEREOF
0 – 7.0 $134.80 $143.03
7.0 – 9.0 $134.80 $143.03
9.0 – 11.0 $143.03 $196.54
11.9 – 13 $196.54 $219.18
13.0 o rover $219.18 $303.56
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. $0.43 $4.84 ITEM 12120
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COMMODITY A B
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.
$0.32
$3.70
ITEM 12125
Asbestos, in bags $0.25 $2.63
ITEM 12130
Beans, Cocoa, in bags $0.33 $3.12
ITEM 12135
Canned Goods, N.O.S (Except dried, dehydrated or frozen).
In cases or cartons. $0.32 $2.77
ITEM 12140
Coffee, green, in bags, per
Ton of 1,000 kilograms $0.34 N/A
ITEM 12145
Cotton, Cotton Linters,
Compressed, in bales $0.35 $4.34
ITEM 12150
Fertilizers, N.O.S. $0.24 $2.36
ITEM 12155
Fruit, dried, in bags or cases $0.30 $2.76
ITEM 12160
Iron or Steel Articles, NOS.,
when held in uncovered areas $0.30 $2.22
Iron or Steel Sheets, loose,
in packages, or in rolls $0.25 $2.22
Iron or Steel Pipe, NOS $0.35 $3.72
ITEM 12165
Liquor, i.e., Alcoholic Beverages $0.44 $4.91
ITEM 12170
Lumber, per 1,000 feet B.M.,
In uncovered areas $0.61 $2.77
ITEM 12175
Lumber, per 1,000 feet B.M.,
In uncovered areas $0.35 $3.48
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COMMODITY A B
ITEM 12180
Milk, or Milk Products, dried $0.34
ITEM 12185
Ore and Ore Concentrates, in packages – when held in uncovered areas $0.30 $2.27 ITEM 12190
Paper and Paper Articles, viz.:
Bags $0.47 $2.42
Boxes, Fiber, Corrugated, K.D. $0.57 $6.58
Folded
Napkins, Towels $0.69 $10.99
Newsprint, rolls pulpboard,
in rolls $0.23 $2.27
Tissues, NOS, including toilet paper $0.56 $6.58
Waste, in machine compressed
bales, or bundles $0.37 $3.29
Wrapping paper $0.51 $5.66
ITEM 12195
Petroleum and Petroleum
Outbound Products, in packages only $0.33 $3.00
ITEM 12200
Pipe, asbestos, and/or cement
When held in uncovered areas $0.33 $3.00
ITEM 12205
Plywood or Veneer, N.O.S., in Packages $0.51 $5.82
ITEM 12210
Rice $0.45 $3.48
ITEM 12215
Sugar, N.O.S., in sacks $0.33 $3.01
ITEM 12220
Tin Plate $2.90 $2.48
ITEM 12225
Vehicles, Commercial (as described in 09200) per unit $1.02 -- ITEM 12230
Vehicles, Motor, on wheels
not boxed (as described in Item 09195) per unit
When stored in closed areas $1.88 $4.70
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COMMODITY A B
When stored in open area,
on terminal, per vehicle $0.98
When stored in open areas
off terminal per vehicle $0.73
ITEM 12235
Vehicles, trucktractors (as Described in item 092051), Per units: $1.76 ITEM 12240
Wire or Strapping in cartons, boxes, crates, on skids, or on reels $0.33 $2.76
ITEM 12245
Yachts and Small Boats (applicable Intercoastal Trade only):
For the first 14 calendar days after expiration of free time $0.92 N/A For each day exceeding 14 calendar days $1.71 N/A
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SECTION VI — VESSELS
Definitions
“Vessel” shall include but not be limited to steamboats, motorboats, sailing vessels, barges, scows, lighters, ferryboats, pleasure craft, and any other watercraft, including a vessel acting by or through its owners, agents, master, operators, charterers or any other person duly authorized to act on behalf of such vessel.
1. Berth Assignments
a. Application for a berth is required and must be approved by the Port Director, as far in advance as possible but not less than 72-hours prior to berthing. Berths are granted on a non-preferential basis depending on space availability, unless otherwise pro vided for in a contractual agreement between the Port and the vessel owner or operator.
b. All berth assignments are subject to the provisions, rates, charges, of this Tariff as well as any conditions relating to such assignment.
c. At the request of the Port Director, every vessel owner must provide written documentation of current ownership and a current California Department of Fish and Game vessel license. d. The Port Director may disapprove any berth assignment for failure to comply with the terms of this Tariff, for an unseaworthy vessel, non-payment of charges, or if an available berth is not suited for the intended vessel.
e. Any vessel that docks at facilities under the Port’s jurisdiction without an approved application or at a berth that has not been assigned to such vessel, shall be subject to three times the rates and charges that would otherwise apply under this Tariff.
f. If a vessel occupies a berth in violation of this section after 24 -hours written notice, it may be immediately impounded, shifted, towed or hauled to storage area at owner’s sole expense. g. A vessel captain or operator using a facility of the Port without an approved application, or having taken shelter at a facility due to extreme weather conditions or distress, does so at his/her own risk and must immediately notify the Port Director; the vessel, its owner, agent and/or charterer shall be responsible for any and all charges, damages, and losses of any nature due to use of such facility. Upon alleviation of the extreme weather conditions or distress, the vessel shall immediately vacate the Port facility. If vessel repairs are necessary, they shall be carried out promptly; written proof of due diligence shall be submitted to the Port Director on request. h. Any condition on the vessel, berth or pier caused by such vessel, owner or operator, which in the opinion of the Port Director may constitute a fire hazard, health menace, environmental or any other danger to public safety, shall be corrected or removed immediately; if the vessel owner or operator neglects or refuses to remedy such condition, the Port may rectify the hazard or danger at the vessel owner or operator’s sole cost and expense.
2. Berth Utilization
a. Commercial berth facilities will not be assigned for regularly scheduled crew -change operations, daily support service functions, or other uses that could be construed as a company base of operations or proprietary assignment.
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b. Vessels supporting Port contractors may be approved for berthing if the Port is obligated to provide berthing space. Non -Port contractors’ berthing space will only be assigned at the sole discretion of the Port Director to load materials, and only if the contract site is not suitable to load job related materials, equipment and employees. All berth assignments will be for a specified length of time, as determined by the Port Director.
3. Vacating Berth
a. When a berth, dock or other facility is declared by the Port Director as threatened by congestion, vessels shall be required to work continuously (including overtime) at their own expense. Any vessel that refuses to work overtime shall vacate the berth on order of the Port Director and shall forfeit its position and be relegated to the end of the list of vessels awaiting a berth. b. On completion of loading or unloading, the vessel shall vacate the berth. However, at the discretion of the Port Director, and if no other vessel is awaiting a berth, a vessel may be allowed to remain at such berth.
c. If a vessel fails to vacate a berth, it may be removed by the Port, on instruction by the Port Director, at the vessel’s sole risk and expense.
4. Person on Board with Authority
a. Vessels must at all times have on board at least one person in charge, with authority to take such action in an emergency as may be deemed necessary 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 sole expense of the vessel. c. The master, agent or owner of a vessel refusing or neglecting to obey the orders of the Port Director in any way relating to regulation of the Port, or removal or stationing of such vessel, is guilty of a misdemeanor, and shall be liable for a fine or imprisonment, or both. d. Whenever the master or any person in charge of any vessel or other watercraft fails or refuses to change position of such vessel or watercraft as instructed by the Port, the Port Director or representative may board such vessel or watercraft (with assistan ce as may be necessary) and change the position of such vessel or watercraft at vessel owners sole cost and expense.
5. No Hazardous Obstructions
All berths, piers, floats and gangways shall be kept clear at all times of hazardous obstructions, including skiffs, booms, blocks or any other gear related to fishing or vessel operations.
6. Speed Restriction
A vessel navigating any portion of the Port at an excessive rate of speed shall be responsible for any damage sustained on account of such action; a rate of speed greater than five (5) nautical miles per hour shall be deemed excessive.
7. Tug Services
All tug services required by vessels entering, leaving or shifting within the Port must be performed by tugs permitted and authorized by the Port Director to do so. No person shall provide tug services within the Port without a permit issued by the Port Director.
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8. Navigation Regulations for Tows
a. Outbound tows over 65 -feet in length shall be bunched and made -up until they are clear of the Port Restricted Area; and inbound tows over 65 -feet in length shall be bunched and made -up before entering the Port Restricted Area.
b. It shall be unlawful for any person operating any towboat (or vessel of any kind) that tows a vessel, barge, scow, log, timber or refuse of any kind within the limits of the Port with a tow line out from the towing vessel that is longer than necessary.
9. Lights at Night
a. All vessels, barges, cranes and other equipment, while anchored, moored or installed at the Port, must show lights in accordance with applicable federal, state and municipal laws, . No person shall:
(i) Neglect or refuse, during the night between sunset and sunrise, to adequately light and keep lighted and properly watched all gangways, manropes and other appliances erected for the purpose of allowing access to such vessel from shore.
(ii) Display running lights on any vessel, barge or watercraft lying at a wharf between sunset and sunrise.
(iii) Fail to adequately light all openings in the vessel’s side, hoisting gear and cargo handling conveyance that may be in use during sundown and sunrise, or fail, neglect or refuse to close all openings in the vessel’s side, or uprig all hoisting gear and ca rgo handling conveyance during the night, unless actually in use.
10. No Mooring Lines
No person may run a mooring line across any slip, without written permission by the Port Director.
11. Making Fast to Buoys
No person may make fast or attach a vessel to a buoy belonging to the Port, except in an emergency, without consent of the Port Director; such vessel shall be subject to removal (at the expense of such vessel, its agent or owner) to such other place as the Port Director may determine.
12. Anchorage
a. No person may anchor or moor a vessel at the entrance or within any fairway, channel, slip, basin or other Port area, without written permission of the Port Director. The Port Director may designate any area within the Port for temporary anchoring or mooring of vessels. b. For any violation under this section, it shall be sufficient to describe the particular vessel and the registered or documented owner as the party in violation. c. Each 24-hour period, or portion thereof, shall be a separate offense and subject to penalties for each such separate offense.
13. Obstruction to Navigation
a. No person may tie up or anchor a vessel in a navigable channel within the Port that prevents or obstructs navigation or passage of other vessels; or to sink (or permit to be sunk) any vessel or obstruction in navigable waters; or to float (or permit to be floated) timber or logs in navigable waters that obstructs, impedes or endangers navigation. 172
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b. When a vessel is wrecked, or a vessel or object is sunk in the Port, the owner or person in charge of such sunken vessel or object shall immediately mark it with a buoy or beacon during the day, and a lighted lantern at night, and maintain such marks until the sunken vessel or object is removed or abandoned.
c. The owner or person in charge of any sunken vessel or object shall immediately commence removal thereof; failure to do so shall be considered an abandonment of such vessel or object, subject to removal by the Port at the owner’s sole cost and expense. Further, neglect or failure by the owner or person in charge to immediately remove such vessel or object shall be unlawful and a violation of this Tariff.
14. Abandoned Vessels
a. Any hulk, wreck or vessel parts or watercraft sunk, beached or allowed to remain in an unseaworthy or dilapidated condition in the Port for more than 30 -days without a watchman or person in charge, without consent of the Port Director, shall be abandoned property. In that event, the Port may (after publication as determined by the Port) cause such property to be sold, destroyed or disposed of in any way it deems expedient or convenient; if sold, title shall vest in the buyer who must immediately take ste ps to remove such property. Sale proceeds shall be property of the Port.
b. If an owner places a notice on the vessel in plain view, listing name, address and claim of ownership (or agent or representative in California) and files a copy of the notice with the Port Director at least 5-days prior to sale or disposal, the Port Director may allow such owner up to 30- days’ to remove or cause the property to be removed; if not so done within such 30-days, the Port Director may immediately sell, destroy or otherwise dispose of such property c. If the vessel has a registration or documentation number on it, written notice or removal shall be sent to the registered owner at least 5 days prior to such removal or sale.
15. Sunken Wrecks
a. If navigation in the Port is obstructed or endangered by any sunken vessel, obstruction or object, and has existed for longer than 30-days, or if abandonment of such obstruction can be established in less time, such vessel, obstruction or object shall be removed, sold or otherwise disposed of by the Port, in its sole discretion, without liability for any damage to the owner. b. If a vessel, obstruction or object is in danger of sinking or grounding, and/or seriously interfering with or endangering navigation, the Port Director shall have the right to take immediate possession, remove or destroy it and clear the navigable waters to prevent unnecessary injury; it shall be unlawful for any person to interfere with or prevent such removal or destruction; provided, however, that the Port Director may give notice in writing to the owner or person in charge of any such obstruction, requiring such owner or person to immediately remove it. c. The expense of removing any vessel, obstruction or object as stated above shall be for the owner thereof; if such owner fails or refuses to reimburse the Port for such expense within 30 - days of written notice, the Port may sell such vessel, obstruction o r object that may not have been destroyed in removal, and the proceeds of such sale shall be used therefore. 173
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16. Change re Mooring
If any vessel is moored or fastened to any wharf or bulkhead, or to any other vessel in the Port, in an unsafe or dangerous manner, the Port Director may order and direct that such vessel be changed or moved to prevent such danger; the owner, master, or an y other person having charge of such vessel, shall comply with such orders or directions issued by the Port Director.
17. Vessel Repairs
No service provider or mechanic may repair or provide maintenance services to a vessel berthed at Port facilities without first securing an approved “Vessel Repair Permit” from the Port Director and agreeing to abide by all terms and conditions therein. Re pairs to vessels moored at Port facilities are prohibited, except those performed in compliance with this Tariff or minor incidental repairs while loading or discharging cargo.
18. Commercial Fishing Vessels
a. A commercial fishing vessel shall mean a vessel that (i) is documented or licensed by the U.S. Department of Commerce, U.S. Coast Guard or California Department of Fish and Game, as a commercial fishing vessel; (ii) is self- propelled; (iii) was designed and is primarily used for catching fish or which has been converted into a vessel that is p rimarily used for catching fish, and subsequently sells or delivers fish to a cannery, processing plant or wholesale fish market; and (iv) during the preceding twelve 12-month period has complied with one of the following:
(i) Fish and Game receipts, verifiable by the California Department of Fish and Game, that such vessel was used to catch 10-metric tons of fish; or
(ii) Documentation that such vessel was used to catch fish with a commercial value of at least $10,000 if the vessel is less than 30- feet in length or at least $50,000, if the vessel is greater than 30-feet in length.
19. Idle Vessels
a. If a vessel is found fast to a designated fish wharf and is not being unloaded or loaded, it shall be subject to charges and penalties as provided herein, without further evidence or proof. b. Any vessel that refuses or fails to haul away from the wharf and vacate such berth after having finished discharging or loading, shall be subject to and assessed dockage at three times the rates provided in this Tariff; and, in addition thereto, for each day or portion thereof, that such vessel remains at such wharf, it shall be in violation of this Tariff. c. All charges made in connection with moving and impounding vessels, as provided for herein, shall become due and payable within 30-days of invoice date.
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SECTION VII — CARGO HANDLING PERMITS
Definitions
a. “Handler” means any person, entity or corporation engaged in the business of handling cargo in the Port area of the Port of Richmond, whether in the capacity of stevedore, handler, car loader or vessel operator or agent.
b. A “Cargo Handling Permit” is granted by the Port to a handler to operate in the Port area. c. “Handling Permit Fees” are fees for cargo handling permit of $266 per year or fraction thereof, payable in advance and annually on the first day of July thereafter. d. “Handling” is physically moving cargo between point of rest and any place in the Port area. e. The “Term of the Permit” is from date of approval until termination or revocation, subject to the terms of this Section.
A. CARGO HANDLING PERMIT
1. Required Permit
a. No person may engage in the business of handling cargo in the Port area without a cargo-handling permit, except as follows:
Exception 1: When a truck operator or railroad company performs services re loading or unloading freight and absorbs the cost of such service into the rate for transportation and makes no extra charge for such loading or unloading.
Exception 2: If, in the sole discretion of the Port, the public interest or existing conditions warrant temporary suspension of the requirement that handlers obtain a permit.
Exception 3: When a waterfront parcel lessee handles cargo under the use provisions of the lease over such parcel, or a lessee of an interior parcel handles cargo as described under the use provisions of the lease for lessee’s account.
2. Rates & Charges
a. A cargo-handling permit may only be issued on written application. b. The handler must at all times keep on file with the Port a schedule with rates and/or charges, itemized as to operations and commodities; if any party files a claim with the Port that such rate and/or charges are unreasonable, the handler shall show cause why they should not be revised or modified.
c. Any rates or charges in excess of those in the schedule or refusal to abide by a Port order to revise or modify them shall be cause for revocation, suspension or termination of such permit. d. Cargo-handling permits are revocable by the Port Director at any time at his/her sole discretion.
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SECTION VIII — CLEAN PORT PROGRAM
A. ENVIRONMENTAL POLICY
1. Authority
2. Purpose
To ensure compliance with environmental statutes and adopt an environmental framework, with clear principles and actionable goals.
3. Policy
The Port’s environmental policy provides that it shall fully comply and adhere to the California Environmental Quality Act (CEQA), as well as applicable local, state and federal regulations. The Port is committed to managing resources and conducting its bu siness in such a way as to be environmentally and fiscally responsible and manage the environmental impact of port operations on the local community consistent with CEQA, a well as applicable local, state and federal regulations, through implementation of pollution prevention measures and by partnering with vendors and customers with shared environmental goals.
4. Guiding Principles
The environmental framework was approved by the City Council to (a) optimize commerce in an environmentally responsible manner; (b) encourage and foster environmental stewardship and protection of natural resources; and (c) engage, educate and collaborate with the local community, port customers and tenants,
5. Policy Goals
To identify and implement sustainable practices in marine terminal and industrial operations and management, educate and inform the local community, port customers and tenants, and Ventura Naval Base about port operations and environmental programs.
6. At Berth Regulations and Compliance
In December 2007, the California Air Resources Board (CARB) approved the “Airborne Toxic Control Measure for Auxiliary Diesel Engines Operated on Ocean -Going Vessels At -Berth in a California Port” Regulation, commonly referred to as the “At -Berth Regulation”. The purpose of such Regulation is to reduce emissions from diesel auxiliary engines on container ships, passenger ships, and refrigerated -cargo ships while berthing at a California Port.
B. CLEAN AIR PROGRAM FEE
The Port will assess a Clean Air Program Fee of $200 per hour. This fee will apply to vessels subject to the CARB At-Berth Regulations (Title 17, California Code of Regulations, Section 93130) when such vessels are calling at regulated berths. The charge is being assessed to offset costs associated with: provision, operation, and maintenance of CARB -approved emissions control systems; monitoring and reporting activities required by CARB; and administrative compliance support.
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