ARCHITECTS MA
RICHMOND BTA COMMUNITY CENTER
Fire Damage Reconstruction Project
DOCUMENT 00 60 00
BOND AND INSURANCE FORMS
1.1 GENERAL INFORMATION
A. The Bid Documents and Contract Documents reference Bid Bond requirements, Performance Bond requirements, and Payment Bond requirements.
1. Sample copies of these three bond documents are bound herein for reference.
B. The City of Richmond requires an Insurance Verification Form to be submitted at a time as requested by the City.
1. A sample copy of this form is bound herein for reference.
END OF DOCUMENT
00 60 00 - 1 Bond and Insurance Forms
Bond No.
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That We, -
and -, as Principal,
_ as Surety,
are hereby held and firmly bound unto the City of Richmond, in the penal sum of TEN PERCENT (10%) of the total bid submitted by said Principal to the City of Richmond for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, whereas the Principal has submitted to the City of Richmond a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the NOW, THEREFORE, if said bid submitted by the Principal be accepted and the contract be awarded to the Principal and the Principal shall, within ten (10) days after having received notice that the contract has been awarded to the Principal, enter into the Contract so awarded, shall furnish the required corporate surety bonds and insurance coverage verification and shall in all other respects perform the agreement created by the acceptance of the bid, then this obligation shall be void, otherwise the same shall remain in full force and effect.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City of Richmond may accept such Bid; and said Surety does hereby waive notice of such extension.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals on this day of - 20.
By:
Title
By:
Title:
Bid Bond (11/4/03)
§ 66499.1. Faithful performance bond; form, CA GOVT § 66499.1
PERFORMANCE BOND
Whereas, The City Council of the City of Richmond, State of California, and (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated and made a part hereof and , 201, and identified as project _ is hereby referred to Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and → as surety, are held and firmly bound unto the City of Richmond (hereinafter called "City"), in the penal sum of dollars (S ) lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on , 201_.
By:
Title:
By:
Title:
§ 66499.2. Bond for security of laborers and material suppliers; form, CA GOVT § 66499.2
PAYMENT BOND
Whereas, The City Council of the City of Richmond, State of California, and principal") have entered into an agreement whereby the principal agrees to install and complete certain designated public (hereinafter designated as "the improvements, which agreement, dated
Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Richmond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
Now, therefore, the principal and
› as corporate surety, are held firmly bound unto the City of Richmond (hereinafter called "City") and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of _ dollars ($
due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount ), for materials furnished or labor thereon of any kind, or for amounts face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. r the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waiv he surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreemen notice of any such change, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on , 201_
By:
Title:
By:
Title:
1 - Exhibit F
— Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, 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 connectior with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of 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.
CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with CONTRACTOR hereby grants to espect to the services of CONSULTANT herein, a waiver of a general liability, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
CONTRACTORS work. City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR. Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
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) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto) Original and Separate Additional Insured Endorsements 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 and Builder's Risk/ Course of Construction Insurance.
6. Builder's Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the involving property) City of Richmond has a financial interest in the property. - (Only required for Construction Contracts
7. Contractor's Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers' Compensation and Statutory limits as required by the State of California including $1 million Employers' Liability 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- contractor must sign "Contractor Release of Liability" found at: Insurance. If contractor is a sole proprietor (has no employees) than http://www.ci.richmond.ca.us/index.aspx?nid=61.
Type 1 - Page 1 of 4
Revised: September 2011
Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
General Liability PROJECT COST
REQUIRED LIMIT
(primary and excess limits $0 - $5 million $2 million p/o combined) $5 million - $10 million
$5 million p/o
Over $10 million $10 million_P/?.
Fireworks $5 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property. apply separately to this project, service or location or the minimum If the policy includes a general aggregate, either the general aggregate shall 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.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage. for an amount equal to the full completed value of the covered structure or Coverage shall include all risks of direct physical loss, excluding earthquake, Builders' Risk/Course of business interruption. replacement value of alterations or additions, including soft costs and Construction - Covers property
under construction, repair or If the project does not involve new or major reconstruction, an Installation renovation as well as equipment Floater may be acceptable. For such projects, a property installation floater and materials to be installed. shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, Only required for Constructio processes, machinery and equipment. The Property Installation Floater rojects involving property an shall provide property damage coverage for any building, structure, equipment installation.) machrmance of the ment inade upe trote order and der a The City of Richmond shall be named as loss payee as its interest may Contractor's Pollution Liability (if appear..The insurer shall waive all rights of subrogation against City.- Same limits as General Liability. applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Required Policy Conditions
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.
Additional Insured Endorsement
endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
Type 1 - Page 2 of 4
Revised: September 2011
- Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Verification of Coverage
of Richmond reserves the right to require complete, certified copies of all required insurance policies including All original certificates and endorsements shall be received and approved by the City before work may begin. The City 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 Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have 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 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 minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to thus enforceable.
Type 1 - Page 4 of 4
Revised: September 2011
INSURANCE COVERAGE VERIFICATION
CITY OF RICHMOND
Conna Was South, to that, CA, on, alria, the the rollins eated city or police have INSURED:_
ADDRESS:_
JOB OR CONTRACT DESCRIPTION:
Indicate by "X" in the boxes below the type of coverage in effect under listed policies. [ ] BUILDER'S RISK
i jAll Risk Completed Value Form I CoVers CONTRACTORS:
1 Flood Included [ ] Owned Vehicle:
1 Flood Excluded
Earthquake Include [ ] Leased Vehicle:
Earthquake Exclude [j Other Non-owned Vehicles
] Deductible $_ ! 1 30 days' Notice of Cancellation to "City" 30 days' Notice of Cancellation to "City" • 7 **City " et al., included as additional insured **City," et al., named as additional insured COMPANY:
COMPANY: POLICY NUMBER:
POLICY NUMBER: EXPIRATION DATE:
EXPIRATION DATE: LIMIT OF LIABILITY:
AMOUNT OF INSURANCE: Bodily Injuries:_
Property Damage:
Single Limit:_
[ 1 ALL RISK INSTALLATION FLOATER
[ ] Flood Included
1 Flood Excluded I HABILL OTHER THANA OHOB
Earthquake Included 1 Comprehensive form including
Earthquake Excluded [ ] Premises
] Deductible $. ] Explosion and Collapse
] Products
i 30 days' Notice of Cancellation to "City"
[ i **City," et al., named as additional insured ] Completed Operations ] Contractual
COMPANY: ] Broad form Property Damage
POLICY NUMBER: [ ] Host liquor Liability
EXPIRATION DATE: [ ] Personal Injury (false arrest, libel, slander, AMOUNT OF INSURANCE: defamation of character, rights of privacy, wrongful eviction)
[ ] WORKER'S COMPENSATION (Statutory) [ ] Warehouseman's Legal Liability ] Employers Liability [ ] Bailees Liability
] Longshoreman & Harbor Workers [ ] Fire Legal Liability ] Jones Act ] Ship Repair Legal Liability
• ] All Other [ ] EXCLUSION of contractual liabillty in personal injury [ ] If self-insured, attach Permission to Self-insure endorsement has been ELIMINATED.
Certificate [1 Contractual liability is provided elther by attachment [ ] 30 days' Notice to Cancellation to "City" of "y" "Z" endorsement or by expanding definition of "incidental" contract to include all written contracts.
COMPANY:_ [ ] Policy is endorsed to provide that insurance is POLICY NUMBER: PRIMARY and no other insurance effected by "City" EXPIRATION DATE: will be called upon to contribute to a loss covered by LIMIT OF EMPLOYERS LIABILITY: this policy.
] 30 days' Notice of Cancellation to "City
[ ] UMBRELLA EXCESS - EXCESS OVER ABOVE 1 "*City " et al., included as additional insured PRIMARY BRING UP LIMITS TO COMPANY:
$
[1 $ POLICY NUMBER:
EXCESS OVER PRIMARY EXPIRATION DATE:
! 30 days' Notice of Cancellation to "City" LIMIT OF LIABILITY:
[ ]"*City," et al., named as additional insured Bodily Injuries:_ Personal Injury:_
COMPANY: Property Damage:_
POLICY NUMBER: Single Limit:_
EXPIRATION DATE:
[ ] LIABILITY INSURANCE: AUTOMOBILE [ 1 PROFESSIONAL LIABILITY (Errors and Omissions)
Insurance Coverage Verification (11/5/03)
[ ] Deductible: $.
[ ] 30 days' Notice of Cancellation to "City"
• ] **City," et al., named as additional insurec
COMPANY:
POLICY NUMBER:_
EXPIRATION DATE: COMPANY:
LIMIT OF LIABILITY: POLICY NUMBER:
EXPIRATION DATE:
] AIRCRAET (if use is contemplated) LIMIT OF LIABILITY:
] Passenger liability included
] Owner aircraft
] Non-owned aircraft [ 1 COVERAGES NOT INCLUDED ABOVE:
] 30 days' Notice of Cancellation to "City"
[ ]"*Clty," et al., named as additional Insured
COMPANY:
POLICY NUMBER:
EXPIRATION DATE:
LIMIT OF LIABILITY:
[WATERCRAEL (if use Is contemplated)
*CITY, Its officers and employees, officials, directors and agents are named as additional insured.
INSURANCE COMPANY:
NAME:
ADDRESS:
TELEPHONE:
FAX:
BY:_
TITLE:
DATE:
Insurance Coverage Verification (11/5/03)
- Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Additional Insured Endorsement SAMPLE Endorsements can be found at (continued)
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory
Waiver of Subrogation
Endorsement Form Contractor's insurer will provide a Waiver of Subrogation in favor of the City or Workers Compensation and Builder's Risk/ Course of Constructio coverage 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 by the City. At the option of the City either the insurer shall reduce or Any deductible or self-insured retention must be declared to and approve eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to elated investigations, claims administration and defense expenses he deductible or self-insured retention guaranteeing payment of losses an retention for each loss. Contractor is responsible for satisfaction of the deductible and/or self-insured Loss Payable Endorsement (only Applicable to Builder's Risk/Course of Construction naming the City of required when Builder's Risk Richmond as Loss Payee.
and/or Course of Construction
Insurance is required.)
SURETY BONDS The Contractor shall provide:
(If a Public Works/Engineering 1. A Bid bond
Project)
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
underlying coverages and cover those insured in the underlying policies. If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for 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 renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of Subcontractors
approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and to all of the requirements stated herein.
CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages obtained by CONTRACTOR, and/or CONTRACTOR's subcontractors, will not be deemed to release or diminish the liability recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance Type 1 - Page 3 of 4
Revised: September 2011