Contract with Nichols Consulting Engineers for Environmental Consulting Services

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)

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.

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.

DOCUMENTS ATTACHED:

Attachment 1 – Contract Attachment 2 – Sole Source

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CITY OF RICHMOND STANDARD CONTRACT Department:

City Project Manager:

City Project Manager E-mail:

City Project Manager Phone No:

Vendor No:

Contract No:

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

1.

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

☐A California corporation, ☐ limited liability corporation ☐ general partnership, ☐limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:]

____________________ ☐ other [specify:] _______________________________ 2.

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

3.

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

FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ 4.

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

5.

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

Economic Development/Port Charles Gerard Charles_Gerard@ci.richmond.ca.us

• (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 MLeacox@ncenet.com July 21, 2026 December 31, 2027 120,487.00 PRINT CLEAR FORM

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

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

8795 Folsom Blvd., Suite 250 Sacramento, CA 95826

• (916) 388-5655

NCE