DocuSign Envelope ID: A2203DC5-F112-4A75-8D9D-A5DB7810BE41
RICHMOND HOUSING AUTHORITY
CONTRACT AMENDMENT
Department: Richmond Housing Authority Project Manager: Nannette, Beacham Project Manager E-mail: Project Manager Phone No. 621-130 P.R. ontract/P.O. No. 4415/2210024
Description of Services: VPS proprietary steel cages to secure properties nenament No. modities th
Term and Payment Lim • Payment Limit Term • Service Plan The parties to this Contract Amendment do mutually agree and promise as follows:
Parties. The parties to this Contract Amendment are the Housing Authority of the City of Richmond, California (Authority), and the following named Contractor:
Contractor Name: Vacant Property Security, LLC
Street Address: 1230 Veteran's Highway, STE F3
City, State, Zip Code: Bristol, PA 19007
Contact Person: Anthony Pocorobba
Telephone: 215-486-3330 Email: [email protected]
Business License No: 40054995 Expiration Date: 7/4/2021 A California [ ] corporation, [ | limited liability corporation [ 1 general partnership, | ] limited partnership, | ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]|
[ ]other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between Authority and Contractor which was approved by the Board of Commissioners of the Housing Authority of the City of Richmond or executed by the Authority's Executive Director on 9/25/2018. Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
DocuSign Envelope ID: A2203DC5-F112-4A75-8D9D-A5DB7810BE41 Contract Amendment between the Housing
Authority of the City of Richmond and
Vacant Property Security, LLC
Amendment No. 1 Contract No. 4415
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license before any provision of this Contract Amendment will be deemed to take effect.
Signatures. These signatures attest the parties' agreement hereto:
CONTRACTOR:
THE HOUSING AUTHORITY FOR THE
CITY OF RICHMOND, CALIFORNIA
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
- DocuSigned by:
Medi: Cuddle a on baalf Anthony Pocorolla
By.
-976D73922BA54E6...
anette bene
Title: First Vice President
Executive Director
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:_
List of Attachments: Title:
1. Amendment Provisions
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313; and (3)
should be accompanied by completed
notary acknowledgment forms)
(Complete the notary acknowledgments
attached hereto)
c: Authority contract amendment formlEJ (6/17/2015)
DocuSign Envelope ID: A2203DC5-F112-4A75-8D9D-A5DB7810BE41 Contract Amendment between the Housing
Authority of the City of Richmond and
Vacant Property Security, LLC
Amendment No. 1 Contract No. 4415
AMENDMENT PROVISIONS (TERM AND PAYMENT LIMIT)
Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is 9/25/2018 and it terminates - 7/1/2024 unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $_117,216 - Paragraph 3 of the Original Contract is amended to read as follows:
3. Payment Limit. Authority's total payments to Contractor under this Contract shall not exceed $ 432,216
The Authority shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the Authority's Executive Director if the total Contrac amount does not exceed $10,000 or without the prior approval of the Board of Commissioners if the total Contract amount is over $10,000. c: Authority contract amendment formlEJ (6/17/2015)
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RICHMOND HOUSING AUTHORITY
PURCHASE OF SERVICES CONTRACT
Project Migr Giulia Colbacchini Project Migr Phone No: 510 621 1373 Project Description: Securing Hacienda: a vacant, O-story high-rise apartment, and Nystrom vacant units against unauthorized entry; providing wireless monitoring system to alert trespassers (Hacienda only)
The parties to this Purchase of Services Contract (Contract) do mutually agree and promise as follows:
Parties. The parties to this Contract are the Housing Authority of the City of Richmond, California, (Authority) and the following named Contractor:
(NAME) Vacant Property Security, LLC
(Street Address) 1230 Veteran's Highway, STE F3
(City, State, Zip Code) Bristol, PA 19007
(Taxpayer ID No.) 45-3237054
(Vendor No.). 12727
(Richmond Business License No.) 4005-4995. (Expiration Date) 7/4/19 A Delaware I I corporation, [ ] partnership, I ] private individual, I I non-profit corporation, ¡ religious institution, [ I sole proprietor, [X] other (Please check appropriate box)
Term. The effective date of this Contract is July 1, 2018 and it terminates July 1, 2021 unless terminated as provided herein.
Payment Limit. Authority's total payments to Contractor under this Contract shall not exceed $315,000. The Authority shall not pay for services that exceed the Contract Payment Limit without the priot written approval of the Authority's Executive Director if the total contract amount does not exceed $10,000 or without the prior approval of the Board of Cominissioners if the total contract amount is over $10,000.
4. Contractor's Obligations, Contractor shall provide those services and carry out that work described in the Service Plan which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Authority's Obligations, Authority shall make to the Contractor those payments -103-
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described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein,
7. Signatures. These signatures attest the parties' agreement hereto:
•
HOUSING AUTHORITY OF CONTRACTOR:
THE CITY OF RICHMOND
• VACANT PROPERTY SECURITY, LLC
By Mali Andando
(*The Corporation Chairperson of the Board, President or Vice- Prosident shonld sign below)
Title: City Manager Acting
Vla for Richmond Housing Authority Director By.
Vice President
Attest: Title
By. Date Signed 10/1/15
Secretary
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign below.)
Approved as to form:
B...
Title
Board Attorney
LIST OF ATTACHMENTS: Date Signed
(NOTE: Pursuant to California Corporations
Notary Acknowledgment Code Section 313, if Contractor is a Service Plan corporation or nonprofit corporation, this Payment Provisions Contract (1) must be signed by (a) the Insurance Provisions
Chairperson of the Board, President or Vice
General Conditions President and (b) the Secretary, any Special Conditions Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer and (2)
should be accompanied by completed notary
acknowledgment forms.)
[Complete the notary acknowledgments
which are attached hereto.]
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SERVICE PLAN
See the Special Conditions page.
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For the Contract between the Housing
Authority of the City of Richmond and
Vacant Property Security, LLC
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT WITHOUT THE PRIOR WRITTEN
APPROVAL OF THE EXECUTIVE DIRECTOR IF THE TOTAL CONTRACT AMOUNT DOES NOT EXCEED $100,000 OR WITHOUT THE PRIOR APPROVAL OF THE BOARD OF COMMISSIONERS IF THE TOTAL CONTRACT AMOUNT IS OVER $100,000.} 1 Provided Contractor is not in default under this Contract, Contractor shall be Compensated as provided below.
2 Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The payments made pursuant to this Contract shall not exceed the Contract Payment Limit of $315,000.
3 Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel, etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the Authority. Contractor may be required to provide back-up material upon request.
4 Contractor shall submit timely invoices to the following address:
Attention: Accounts Payable, Finance
Department Project Manager: Giulia Colbacchini
P. O. Box 4046
Richmond, CA 94804-0046
5 All invoices that are submitted by Contractor shall be subject to the approval of the Authority's Project Manager, Giulia Colbacchini, and Executive Director before payments shall be authorized.
6 The Authority shall pay invoice(s) within 30 days after completion of services to the Authority's satisfaction, Authority shall not pay late fees or interest. 7 A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
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8 All insurance coverage required by this Contract shall be provided by the Contractor before any payment under this Contract shall be authorized and the insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
9 Each invoice from VPS shall be paid by the Authority on or before its due date. Charges for the reutal period will not be prorated. Where VPS has the right to terminate a Contract for cause, then all sums invoiced or payable to VPS under that and/or any other Contract (including any charges for the remainder of the minimum period) shall become immediately due and payable.
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INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
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GENERAL CONDITIONS
Compliance with Law. CONTRACTOR shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours, and conditions of employment.
2. Inspection. CONTRACTOR's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the AUTHORITY, the State of California, and the United States Government.
Records.
3.1 CONTRACTOR shall keep and make available for inspection and copying by authorized representatives of the AUTHORITY, the State of California, and the United States Government, the CONTRACTOR's regular business records and such additional records pertaining to this Contract as may be required by the AUTHORITY.
3.2 CONTRACTOR shall retain all documents pertaining to this Contract for a period of five years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the AUTHORITY, the State of California, and the United States Government,
4. Reporting Requirements. CONTRACTOR shall include in all documents or written reports completed and submitted to AUTHORITY in accordance with this Contract a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or witten report.
Termination.
5.1 Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day (30) advance written notice thereof to the other, and may be canceled immediately by written mutual consent.
5,2 Failure to Perform.
5.2.1 The AUTHORITY upon written notice to CONTRACTOR, may immediately terminate this Contract should the CONTRACTOR fail to perform properly any of its obligations hereunder. In the event of such termination, the AUTHORITY may proceed with the work in any reasonable manner it chooses.
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5.2.2 In lieu of termination, the AUTHORITY has the right to withhold payment to the CONTRACTOR when, in the opinion of the AUTHORITY expressed in writing to the CONTRACTOR,
5.2.2.1 The CONTRACTOR's peiformance, in whole or in part, either has not been carried out or is insufficiently
documented;
5.2.2.2 The CONTRACTOR has neglected, failed, or refused to funish information of to cooperate with any inspection, review, or audit of its program, work, or records; ot
5,2,2,3 The CONTRACTOR has failed to sufficiently itemize or document its demand(s) for payment.
5.2.3 If the AUTHORITY fails to observe of perform any of the terms in this Contract, CONTRACTOR may exercise any one or more of the following remedies: (a) terminate the Contract and take possession of and remove the wireless alarm system and any other equipment from wherever located; (b) to declare all payments hereunder immediately due and payable and pursue all legal remedies in connection with the payment thereof, and/or (c) pursue any other remedies legally available to CONTRACTOR. CONTRACTOR and its agents will not be liable for any claims for damage or trespass, arising out of the removal of the wireless alarm system and/or any other equipment.
5.2,3.1 Notwithstanding anything to the contrary under this Contract, should CONTRACTOR terminate or cancel this Contract, such termination or cancellation will discharge all existing obligations of CONTRACTOR under such Contract but shall in no way discharge any of CONTRACTOR'S rights and remedies under any Contract or otherwise available to it at law ot in equity.
5.3 Cessation of Funding. Notwithstanding Paragraph 5.1 above, in the event that Federal, State, or other non-AUTHORITY funding for this Contract ceases, this Contract may be terminated immediately by AUTHORITY upon written notice.
Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, GENERAL CONDITIONS Page 3
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monitoring, auditing, billing, or regulatory changes, may be developed and set forth in written Information Agreements between the CONTRACTOR and the AUTHORITY.
Such Information Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Information Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the CONTRACTOR as provided herein,
Modifications and Amendments.
8.1 General Amendments. This Contract may be modified or amended by a written document executed by this CONTRACTOR and the AUTHORITY'S Board of Commissioners ol, after Board approval, by its designee, subject to any required State or Federal approval.
8.2 Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the CONTRACTOR and AUTHORITY's Executive Director subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions ot the Service Plan.
Disputes. Disagreements between the AUTHORITY and CONTRACTOR concerning the meaning, requirements, or performance of this Contract shall be subject to final determination, in writing, in accordance with the applicable procedures (if any) required by the State of Federal Government.
10. Choice of Law and Jurisdiction.
10.1 This Contract is made in Contra Costa County and shall be governed and construed in accordance with laws of the State of California. 10,2 Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California.
11. Conformation with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract may be amended to assure conformance with such Federal or State requirements.
12. No Waiver by Authority. Subject to Paragraph 9 (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the GENERAL CONDITIONS Page 4
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AUTHORITY relating to the CONTRACTOR's performance, or payments therefor, o1 any combination of these acts, shall not relieve the CONTRACTOR's obligation to fulfill this Contract as prescribed; nor shall the AUTHORITY 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,
13. Subcontract and Assignment. 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 AUTHORITY's Board of Commissioners or its designee, subject to any required State or Federal approval.
14. Independent Contract Status. This Contract is by and between two independent CONTRACTORS and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. CONTRACTOR promises and attests that the CONTRACTOR and any members of its governing body shall avoid any actual or potential conflicts of interest. If CONTRACTOR is a corporation, CONTRACTOR agrees to furnish to the AUTHORITY upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur.
16. Confidentiality.
16.1 CONTRACTOR agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
16.1.1 All applications and records concerning any individual made or kept by CONTRACTOR or any public officer or agency in connection with the administration of or relating to services provided under this Contract wil e confidential. and will not be open to examination for any purposes no directly connected with the administration of such service.
16.1.2 No person will publish or disclose ot permit or cause to be published ot disclosed, any list of persons receiving services, except as may be required in the administration of such service.
GENERAL CONDITIONS Page 5
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16,2 CONTRACTOR agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information othex than as authorized by law may be guilty of a misdemeanor:
17. Nondiscrimination - CONTRACTOR. CONTRACTOR agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every CONTRACTOR under a Contract with the CITY for public work of for goods ot for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employees, any applicant for employment for any potential subcontractor: Said Section 2,28.030 is, by this reference, made a part of this Contract.
18. Indemnification. The CONTRACTOR shall defend, save harmless and indemnify the AUTHORITY and its officers, agents and employees from any and all claims, costs and liability for any damages, sickness, death or injury to persons or property arising from, ot connected with, the operations or services of the CONTRACTOR or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising from the sole negligence or willful misconduct of the AUTHORITY or its officers or employees. CONTRACTOR shall reimburse the AUTHORITY for any expenditures, including reasonable attorney's fees, incurred by the AUTHORITY in pursuit or defense of matters that are the subject of this indemnification. If requested by the AUTHORITY, the CONTRACTOR shall defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the CONTRACTOR.
19. Notices, All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the AUTHORITY shall be addressed to the AUTHORITY's Executive Director. Notices to the CONTRACTOR shall be addressed to the CONTRACTOR's address designated herein. The effective date of notice to the CONTRACTOR shall be the date of receipt by CONTRACTOR. The effective date of notice to the AUTHORITY shall be the date of receipt by the AUTHORITY's Executive Director.
20. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions.
21. Nonrenewal. CONTRACTOR understands and agrees that there is no representation, implication, or understanding that the services provided by CONTRACTOR under this Contrgct will be purchased or renewed by the AUTHORITY under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by AUTHORITY to continue the purchase of all or any failure to continue purchase of all or any such services from CONTRACTOR.
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22. Possessory Interest. If this Contract results in the CONTRACTOR having possession of, claim to orright to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and CONTRACTOR may be subject to the payment of property taxes levied on such interest.
23. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the AUTHORITY's population, it is not the intention of either the AUTHORITY o1 CONTRACTOR that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract,
24. Copyrights and Rights in Data, CONTRACTOR shall not publish or transfer any materials produced or resulting from activities supported by this Contract without the express prior written consent of the AUTHORITY's Executive Director. If any material is subject to copyright, the AUTHORITY reserves the right to copyright such, and the CONTRACTOR agrees not to copyright such material. If the material is copyrighted by CONTRACTOR, the AUTHORITY reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so.
25. Changes and Extra Work.
25.1 When Changes in the Services Plan are required by AUTHORITY of requested by CONTRACTOR, CONTRACTOR shall promptly estimate their effect on the cost of the services, and on its time schedule, and so notify AUTHORITY in writing.
25.2 No Change shall be implemented by CONTRACTOR unless it is approved by AUTHORITY in waiting. Unless otherwise agreed to in writing, all provisions of this Contract shall apply to all Changes in the Service Plan. 25,3 If AUTHORITY determines that a Change materially affects the total value or time of performance of this Contract, CONTRACTOR and AUTHORITY will mutually agree in writing to an equitable adjustment.
25.4 Within the limits of the Contract Payment Limit of this Contract, AUTHORITY may request Extra Work to be performed by CONTRACTOR. Extra Work is defined as work which was not authorized in the original Contract, and is, subsequent to the execution of this Contract by all parties hereto, determined by GENERAL CONDITIONS Page 7
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the AUTHORITY to be necessary for the Project. Upon receipt of an Extra Work authorization from AUTHORITY's Authorized Representative, CONTRACTOR shall continue performance of the services as revised by the authorization.
25.5 If AUTHORITY determines that revisions to the Contract Payment Limit, Service Plan, Payment Provisions, or other parts of the Contract are necessary, the revisions shall be mutually agreed upon and incorporated herein through the execution of written amendments to this Contract,
26. Survival.
The rights and obligations of the parties which by their nature survive termination ot completion of the services covered by this Contract, shall remain in full force and effect after termination or completion.
27. Performance and Final Acceptance.
27.1 CONTRACTOR represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
27.2 CONTRACTOR shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which AUTHORITY may have, CONTRACTOR shall, at its own expense, correct any services which fail to meet the above standard.
27.3 AUTHORITY shall provide CONTRACTOR an opportunity to cure errots and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should CONTRACTOR fail to make necessary corrections in a timely manner, such corrections shall be made by the AUTHORITY and the cost thereof shall be charged to CONTRACTOR,
27.4 If warranted, AUTHORITY shall determine, and CONTRACTOR may request such determination, that CONTRACTOR has satisfactorily completed performance of this Contract. Upon such determination, AUTHORITY shall issue to CONTRACTOR a written Notice of Final Acceptance, after which CONTRACTOR shall not incur further costs under this Contract.
CONTRACTOR shall respond to such Notice of Final Acceptance by executing and submitting to AUTHORITY a Release and Certificate of Final Payment.
28. Force Majeure.
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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 any cause, existing or future, which is beyond the reasonable control of such party.
29. Severability.
In the event that any of the provisions or portions ox applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, AUTHORITY 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.
30. Authorized Representatives and Notices.
30.1 AUTHORITY and CONTRACTOR shall each designate, below, an Authorized Representative who has authority to act on its behalf in the administration of this Contract.
30,2 Written notification to the other party shall be provided, in advance, of changes in name or address of such Authorized Representatives.
30.3 Notices provided for under this Contract shall be in writing, and shall be served on the Authorized Representative of the receiving party, either personally or at the party's offices, or by registered or certified mail to its office address.
30.4 AUTHORITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Giulia Colbacchini
330-24" Street
Richmond, CA 94804
30.5 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Tony Pocorobba
Vacant Property Security LLC
1230 Veteran's Highway, Ste F3
Bristol, PA 19007
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31. Pursuant to Richmond Municipal Code Section 7.04.030, the Contractor must have, ot must obtain, a City of Richmond business license before any provision of this Contract will be deemed to take effect.
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SPECIAL CONDITIONS
1. Contractor shall provide the services set forth in the documents entitled "City of Richmond Housing Authority (RHA) Service Plan" and "Payment Provisions" which are attached hereto and incorporated herein by this reference.
2. In addition to the General Conditions set forth herein, Contractor shall comply with the terms and conditions set forth in the documents entitled "General Conditions for Non- Construction Contracts Section I" (HUD-5370-C), "Certification Regarding Debarment and Suspension" (HUD-2992), "Certifications and Representations of Offerors" (HUD-5369.
C), and "Table 5.1 Mandatory Contract Clauses for Small Purchases other than Construction" which are attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions set forth herein and the terms and conditions set forth in the attached documents, the terms and conditions set forth in the attached documents shall take precedence and shall prevail.
3. Contractor shall provide the insurance coverage set forth in the document entitled "City of Richmond — Insurance Requirements — Type 1: "Consultants and Contractors" which is attached hereto and incorporated herein by this reference. Contractor shall maintain said coverage during the entire term of this contract. However, wherever the document refers to the "City of Richmond" or the "CITY", the Contractor shall substitute the words "Housing Authority of the City of Richmond" or "Authority".
4. Richmond Housing Authority has the option to execute two one year contract extensions not to exceed $105,000 per year. The Richmond Housing Authority will notify the Contractor at least thirty (30) days prior to the expiration of the current term of its intent to formally exercise the option to extend the Contract. As detailed within Section 10.8.B of the HUD Procurement Handbook 7460.8 REV 2, any option to extend the Contract is the "unilateral right of the PHA;" meaning, the Contractor DOES NOT have the right to unilaterally. -118-
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For the Contract between the Housing
Authority of the City of Richmond and
Vacant Property Security, LLC
SERVICE PLAN
Contractor shall, to the satisfaction of the Authority's Executive Director, perform the following services:
Secure the Hacienda housing development against unauthorized entry.
1. VPS will secure all accessible openings including: but not limited to:
a. All first and second floor windows (and other floors as necessary); b. All first and second floor interior stairwell doors and windows (and other floors as necessary; and
c. All windows and doors on balconies that appear to be climbable with minimal effort.
VPS will also:
Install a wireless monitoring system that will be monitored 24/7; Relay alarm calls for service to Richmond Police Department; and f. Replace any "covers" that are removed by vandals
2. VPS will also secure Nystrom Village vacant units as they become vacant against unauthorized entry and replace any "covers" that are removed by vandals.
The Authority hereby grants VPS a license to enter the sites without notice at any time from and including the initial date of service for all reasonable and proper purposes in connection with the (but not limited to) installation, inspection, maintenance, repair, replacement and/or removal of wireless monitoring system, the provision of services and the exercise of rights under this Contract.
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The proper working of each wireless alarm system is subject to availability of an adequate cellular network at the site. Wireless alarm systems may generate sound in excess of 120 decibels and the Authority is responsible for all noise generated at the site. VPS shall not be liable for any claims to the extent that they arise from or in connection with the adequacy, absence or continuity of a cellular network signal or noise gerierated at the site. -120-
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Certification Regarding
and Urban Development
Debarment and Suspension
Certification A: Cortification Regarding Debarment, Suspension, and Other Responsibility Matfers - Primary Covered Transactions
1. The prospective primary participant certifies to the bost of its knowl- 4. The prospective primary participant shall provide immediate writ- edge and belief that its principals; ten notice to the department or agency to whom this proposal i:
submitted if at any time the prospective primary participant learns tha a. Are not presently debarred, suspended, proposed for debarment, its certification was erroneous when submitted or has become errone- declared ineligible, or voluntarily excluded from covered transactions ous by reason of ohanged circumstances. by any Federal debarment or agenoy;
5. The terms covered transaction, debarred, suspended, ineligible b. Have not within a three-year period preceding this proposal, lower tier covered transaction, partlcipant, person, primary cor been convicted of or had a civil judginent rendered against them for ered transaction, principal, proposal, and voluntarily excluded, as commission of fraud or a criminal offense in connection with obtain- used in this clause, have the meanings set out in the Definitions and ing, attempting to obtain, or performing a public (federal, Stato, or Coverage sections of the rules implementing Executive Order 12549. local transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, You may contact the department or agency to which this proposal is forgery, bribery, falsification, or destruction of records, making false being submitted for assistance in obtaining a copy of these regulations. statements, or receiving stolen property; 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, c. Are not presently indicted for or otherwise criminally or civilly it shall not knowingly enter into any lower tier covered transaction charged by a governmontal entity (Federal, State, or local) with with a person who is debarred, suspended, declared ineligible, or commission of any of the offenses enumerated in paragraph (1)(b) of yoluntarily excluded from participation in this covered transaction, this certification; and
unless authorized by the department or agency entering into this d. Have not within a three yenr period preceding this application/ transaction. proposal had one or more public transactions (Federal, State, or local)
7. The prospective primary participant further agrees by submitting terminated for cause or default.
this proposal that it will include the clause titled "Certification
2. Where the prospective primary participant is unable to certify to Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- any of the statements in this certification, such prospective participant sion - Lower Tler Covered Transaction," provided by the department shall attach an explanation to this proposal. or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solioitations for lower Instructions for Certification (A)
tier covered transactions.
1. By signing and submitting this proposal, the prospective primary 8. A participant in a covered transaction may rely upon a certification participant is providing the certification set out below. of a prospective participant in a lower tier covered transaction that it
2. The inability of a person to provide the certification required below is not debarred, suspended, ineligible, or voluntarily excluded from the will not necessarily result in denial of participation in this covered covered transaction, unless it knows that the certification is erroneous.
The prospective participant shall submit an explanation A participant may decide the method and frequency by which it of why it cannot provide the certification set out below. The certifi- determines this eligibility of its prinoipals. Each participant may, but cation or explanation will be considered in connection with the is not required to, check the Nonprocurement List. department or agency's determination whether to enter into this 9. Nothing contained in the foregoing shall be construed to require transnction. However, failure of the prospective primary participant to establishment of a system of records in order to render in good faith the furnish a certification or an explanation shall disqualify such person certification required by this clause. The knowledge and information from participation in this transaction. of a participant is not required to exceed that which is normally
3. The certification in this clause is a material representation of fact possessed by a prudent person in the ordinary course of business upon which reliance was place when the department or agency deter- dealings. . mined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous 10. Except for transactions authorized under paragraph (6) of thesc instructions, if a partioipant in a covered transaction knowingly enters certification, in addition to other remedies available to the Federal into a lower tier covered transaction with a person who is suspended, Government, the department or agency may terminate this transaction debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to tho Federal Government, the department or agency may terminate this transaction for cause of default.
EE-121-2 form HUD-2992 (3/98)
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Certification B: Certification Regarding Debarment, Suspension, Ineli- gibility and Voluntary Exclusion - Lower Tier Covered Transactions I. The prospective lower tier participant certifies, by submission of 5. The prospective lower tier participant agrees by submitting this this proposal, that neither it nor its principals is presently debarred, proposal that, should the proposed covered transaction be entered into, suspended, proposed for debarment, declared ineligible, or voluntarily it shall not knowingly enter into any lower tier coyored transaction excluded from participation in this transaction by any Federal depart- with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, ment or agency.
unless authorized by the department or agency with which this trans-
2. Where the prospective lower tier participant is unable to certify to action originated. any of the statements in this certification, such prospective participant 6. The prospective lower tier participant further agrees by submitting shall attach an explanation to this proposnl.
this proposal that it will include this clause titled "Certification Instructions for Certification (B) Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction," without modification, in all
1. By signing and submitting this proposal, the prospective lower fier lower tier covered transactions and in all solicitations for lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation of fact 7. A participant in a covered transaction may rely upon a certification upon which reliance was placed when this tratsaction was entered into. of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the remedies available to the Federal Government, the department ot covered transaction, unless it knows that the certification is erroneous. agency with which this transaction originated may pursue available A partlelpant may decide the method and frequency by which it determines the eligibility of its principals. Bach participant may, but remedies, including suspension and/or debarment. is not required to, check the Nonprocurement List,
3. The prospective lower tier participant shall provide immediate 8. Nothing contained in the foregoing shall be construed to require written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification establishmont of a system of records in order to render in good faith the was erroneous when submitted or has become erroneous by reason of certificatlon required by this clause, The knowledge and information of a participant is not required to exceed that which is normally changed circumstances.
possessed by a prudent person in the ordinary course of businoss
4. The terms covered transaction, debarred, suspended, ineligible, dealings. lower tier covered transaction, participant, person, primary coy- 9. Except for transactions authorized under paragraph (5) of these ered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and instructions, if a participant in a lower oovered transaction knowingly Coverage sections of rules implementing Executive Order 12549. You enters Into a lower tier coyored transaction with a person who is may contact the person to which this proposal is submitted for assis- suspended, debarred, ineligible, or voluntarily excluded from partici- pation'in this transaction, in addition to other remedies available to the tance in obtaining a copy of these regulations. Federal Government, the department or agency with which this trans- action originated may pursue available remedies including suspension and/or debarment,
Date
Vacant Property Securit, LLC 10/1/18
signature of Authorized Certifying Officla
Vice President
1a-122-1 form HUD-2992 (3/98)
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U.S. Department of Housing
Certifications and
and Urban Development
Representations Office of Publlo and Indian Housing
of Offerors
Non-Construction Contract
Puble reporting burden for this collection of Informatian Is estimated to average 5 minules per response, Inoluding the time for revlewing Insiruotions, searohing existing dala sources, gathering and maintalning the data needed, and completing and reviewing the colleollon of Information. set forth in Exeoulive Order 11625 for small, minorily, women-owned businesses, and cerlificallons for independent price determinallon, and conflict of interest, This form Includes clauses required by OMB's common rule on bidding/offering procedures, Implemented by HUD In 24 CFR 85.36, and those requrements The form is required for nonconstruction contracts awarded by Housing Agenoles (HAs). The form is used by bldders/oflerors to certily lo the HA's Contracting If the form were not used, HAs would be unable to enforce the contracts, Responses to the colleclion of Informallon are Officer for oontral compliance.
required to obtain a beneflt or lo retaln a beneft. The Informallon requestad does not land ilself lo oonfidentiallty,
1. Contingent fee Representation and Agreement For the purpose of this definition, minority group members are:
(a) The bidder/offeror represents and certifies as part of its bid/ (Check the block applicable to you offer that, except for full-time bona fide employees working [ ] Black Americans [ ] Asían Pacific Americans solely for the bidder/offeror, the bidder/offeror: • I] Hispanic Amerioans [ ] Asian Indian Americans (1)E Jhas, (M has not employed or retained any person or [ ] Native Americans [ J Hasidic Jewish Americans company to solicit or obtain this contract; and
(2)[ 1 has, [V has not paid or agreed to pay to any person 3. Certificate of Independent Príce Determination or company employed of retained to solicit or obtain this contract any commission, percentage, brokerage, or other (a) The bidder/offeror certifies that- fee contingent upon or resulting from the award of this (1) The prices in this bid/offer have been arrived at indepen contract. dently, without, for the purpose of restricting competi- (b) If the answer to either (a)(1) or (a) (2) above is affirmative, tion, any consultation, communication, ox agreement shall make an immediate and full written with any other bidder/offeror or competitor relating to (i) the bidder/offeror
disclosure to the PHA Contracting Officex. those prices, (il) the intention to submit a bid/offer, or (III) the methods or factors used to calculate the prices (o) Any misrepresentation by the bidder/offeror shall give the offered;
PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any (2) The prices in this bid/offer have not been and will not be commission, percentage, brokerage, or other oontingent fee; or knowingly disclosed by the bidder/offeror, directly or (3) take other remedy pursuant to the contract. indirectly, to any other bidder/offeror or competitor be- fore bld opening (in the case of a sealed bid solicitation) or contract award (in the caso of a negotiated solicitation)
2. Small, Minority, Women-Owned Business Concern Rep- unless otherwise regured by law; and resentation (3) No attempt has been made or will be made by the bidder/ 'The bidder/offeror represents and certifies as part of its bid/ offer offeror to induce nny other concern to submit oi not to • that it: submit a bid/offer for the purpose of restricting competition. (a)I ]is, [Vis not a small businoss concern. "Small business (b) Bach signaturo on the bld/offer is considered to be a cestifi- concern," as used in this provision, means a concern, includ- cation by the signatoxy that the signatory:
ing its afflliates, that is independently owned and operated, (1) Is the person in the bidder/offeror's organization respon- not dominant in the fleld of operation in which it is bidding, sible for determining the prices being offered in this bid and qualifled as a small business under the criteria and size or proposal, and that the signatory has not participated standards in 13 CFR 121. and will not partioipate in any action contrary to subpara- (b) Ils, [Vis not a women-owned small business concern. graphs (a)(l) through (a)(3) above; or "Women-owned" ns used in this provision, means a small (2) (i) Has been authorized, in writing, to act as agent for the business that is at least 51 percent owned by a woman or •following principals ln certifying that those principals women who are U.S, citizens and who also control and have not partlcipated, and will not particlpate in any operate the business. action contrary to subparagraphs (a)(I) though (a)(3) (c)I I is, ( Vis not a minority enterprise which, pursiant to above (insert full name of pexson (s) in the blder/offeror's Executive Order 11625, is defined as a business which is at organization rosponsible for determining the prices of. least 51 percent owned by one or nore minority group fored in this bid or proposal, and the title of his or her members or, in the case of a publicly owned business, at loast position in the bidder/offeror's organization);
51. percent of its voting stock is owned by one or more (il) As an authorized agent, does certify that the princi- minority group members, and whose management and daily pals named in subdivision (b)(2)(i) above have not par- operations are controlled by one or more such individuals. ticipated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and
form HUD-5369-C (8/93)
Prevlous edition Is obsolete page 1 of 2 ref. Handbook 7460.8 -123-
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(il) As an agent, has not personally participated, and will 6. Conflict of Interest . not participate in any action contrary to subparagraphs In the absence of any actual or apparent conflict, the offeror, by (a)(i) through (a)(3) above. submission of a proposal, hereby warrants that to the best of its . (o) If the bidder/offeror deletes or modifies subparagraph (a)2 knowledge and belief, no actual or appacent conflict of interest above, the bidder/offeror must furnish with its bid/offer a exists with regard to my possible performance of this procure. signed statement setting forth in detail the circumstances of ment, as described in the clause in this solicitation titled "Orga- nizational Conflict of Interest."
• the disclosure.
4. Organizational Conflicts of Interest Certification 7. Offeror's Signature (a) The Contractor warrants that to the best of its knowledge and The offeror hereby certifies that the information contained in belief and except as otherwise disclosed, it does not have any those certifications and representations is accurate, completo,. organizational conflict of interest which is defined as a and current. situation in which the nature of work under a proposed
contract and a prospective contractor's organizational, fi- nancial, contractual or other interest are such that: Aloguela 10/1/18 (i) Award of the contract may result in an unfair compeți- tive advantage; Signature & Date:
(il) Tho Contractor's objectivity in performing the con- tract work may be impaired; or
(ili) That the Contractor has disclosed all relevant infor- Anthony Pocabba mation and requested the HA to make a determination
with respect to this Contract.
Typed or Printed Name:
(b) The Contractor agrees that if after award he or she discovers Vice President an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclo- sure in writing to the HA which shall include a description of Title:
the action which the Contractor has taken or intends to eliminate or neutralize the conflict. The HA may, however, terminate the Contract for the convenience of HA if it would •be in the best interest of HA.
(o) In the event the Contractor was aware of an organizational conflict 'of interest before the award of this Contract and intentionally did not disclose the conflict to the HA, the HA may terminate the Contract for default.
• (d) The Contractor shall require a disclosure or representation * from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to the HA and shall include any necessary provisions to ellminate or neutralize conflicts of interest in consultant agreements or subcontracts Involving performance or work under this Contract,
:
5. Authorized Negotiators (RTPs only)
The offeror represents that the following persons are authorized to negotiate on its behalf with the PHA in connection with this reguest for proposals: (list names, titles, and telephone numbers of the authorized negotiators):
Previous edition Is obsolete paga 2o12
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General Conditions tor Nor-Constructon
Dovelopment
Contracts Office of Pubka and indian Hausing
Seation I - (With or without Maintenance Work) Office of Labor Relatone OME Approval No. 2677-0167 (exp. 1/31/2017)
i pete r for l collect or nomadon is namaled to average 0,08 hours par respondo, including the ume for reviewing inalrucklone, searching can cs, can d malang tadata needed, and compléting and ravlawing the collacton of inlormation, Send commento regarding this burden osamate or any ohar aspact of his collection of Informaton, Including suggestons for redding thia burden, to the Reporte Management Oficer, Office ofinamalan Policies and Systems, U.8, Deparmento Housing and Urban Davalopment, Waahing(on, D.O 20410:3600; and to the Ofice of Menagerient and Budget, Paperwork Reduction Project (2677-0157), Washington, DO. 20803, Da not derid thia completed fohh to allher of these addtessess.
Applicabllity, This form HUD-5370.0. hes 2 Seotione, Those proposal submitted before final payment of the contrad.
Sections muat be Inserted Into non-construction contriots as (d) Fallure la agree to any adjustment shall be a dispute under dearibad bolowi clause Deputes, hereln, However, nothing in this clause shall excuse the Contractor from procasding with the
1) Non-donatruation contracta (without manlenance) contract as changed, (a) No services for which an adultional cost or fee will be 2) Maintenanca contradia (Including narrautine cherged by the Contractor alal be fumished without the maintenance as defined al 24 CFR 968,103) greater than pror written consent of the HA. 52,000 but not more than $100,000 - Uao Bection Il; and 3. Termination for Convanlande and Default 3) Maintenanio controls (Including nonroutine
mainfenance), greator than $100,000- una Sections! (a) The HA may terminate this contract in whole, or fram time andil. ta Ilme In part, for the HA's convenlence or the fellure of the Seation | - Clauses for All Nort-Construction Contranta greater Contracor to fuff the contract obligations (default), Tha than 6100,000 HA shall terminate by delivering to the Conlector a written Nollce of Termination specitying the nature, extent, and
1. Definitions effeotive date of the termination. Upon receipt of the notice, the Contractor shall; () Immedalety discontnue all services affeclad unless the nolce drecis otherwise; and al
The following definitions are applicable to this contract:
(a) "Authorify or Houaing Authortly (HA)" means the
Housing Authortty, materals acoumulated or generaled in performing (b) "Contraci" means the contract entered into between the this contract, whelher completed or in process. (b) If tha terminalion la for the convanlance of the HA, the HA Author and the Contractor, It includes the contract forms, shall be llable only for aayment for services rendered the Certificallons and Representallane, thera contract
deuses, and the scope of wark. includes all formal before the effective date of the termination. (0) # the termination is due to the fallure of the Contractor to changes to any of those documente by addendum, Change
Order, or other modication. fuffit Its obligation under the contract (delaull), the HA may (o) "Contraolor" means the person or other enilty entering into (l) regulre the Contractor to dellver to it, in the manner the contract with the Authorily to perform all of the work and to the extant directed by the HA, any work as required under tha contract, described in subparagraph (aXI) above, and compensation (d) "Day" means calender days, unleas otherwise slated. be deleminad in accordance with the Changes clause, (e) "HUD" means the Secretary of Housing and Urban paragraph 2, above; (il) take over the work end prosecule develorent, hia delegates, Buccessors, and assigne, and the same to completion by contract or otherwise, and the Contranor shall be flable for any additonal cost incurred by the office and employeep of the Uniled Stales the HA: (il) With hold ny payments lo the Contractor, for the Department of Hausing and Unban Dovefopment acing for
and on behalf of the Sacrelary. purpose of off-set or parla payment, as the case may 2, Changos (d) If, effer termination for fallure to fuff)i contract obllgatione ere, le determined that the Contractor had not falle
e teminalion ahall be deered to have been effealed f
(8) The HA may at any time, by wriken order, and withoul nolite to tha surelles, if any, make changes within the the convenience of the HA, and the Contractor shall bean general acope of this contract in the services fa be tilled to payment as decribed in paregraph (b) abave, performed or apples to be delivered. (a) Any dispules with regard to his clauge are expressly made subject to the lamms of clause illed Disputes here/n.
(b) I any such change causes an (norease or docresse in tha Hourly rate, the not-to-exceed amount of the contract, or 4. Examination and Retentlon of Contractora Raords the time regured for performance of any part of the work under the contract, whether or not changed by the order, ar otherwise affecta the conditons of this contract, the HA e) The HA, HUD, or Complialer General of lite United States shall make an equitable adjustmant in the not-to-axcood any of thair duly authorized representatives shall, unil:
amount the hourly tale, the delvery achedule, or other yaare after final payment, under this contract, have açten o and the right fo oxamine any of the Contractar's diracli affected arms, and thall modity the contmot accondingly. (o) The Contraclor must assert its right to an equitable ed/ustment under thla clause wilhin 30 daya from the date of receipt of the wilten order, Howover, If the HA decides (hed tha facta luatily It, the HA may receive and eat upon a Socton/•Puga ota Form HUD-5370-6 (01/2014)
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. (b) The Contractor agrees to notude In Rrat-for subcontracle under this conisat a clause subalantlelly the same a A breach of these Contraos clauses may be grounds for (erminallan of the Contract and for debarment or denial of exdudes purchase orders. not exceeding $10,000, partipipation in HUD progcama as a Contrator and e (e) The periods of Bocess and examination in paragrapha (a) aubcontracior as provided In 24 OFR Fart 24 #, Ansignment of Contract
(DIgallon or settlement of claimy arsing from hi
полоталка of ta conac, or. The Contractor shall not assign or transter any Interest In this cantract, except that claims for monies due or to become due HUD; or Camptrollar General or any of their duly com the HA under the contract may be asagned to a bank au nanzed represenialves has aken excenlon shall trual company, or olher financial Instllutton, If the Contraclor k a partnership, this contract whall inure to the beneft of the daime, or exceptlons. surviving or ramaning member(e) of such partnenhle apprayed 5, Righta In Data (Ownership and Proprietary Interast) by the HA.
10. Gertifloato and Release
The HA shall have exclus\ve ownership of, all propristary Prior to final paymant under the contral, or pror to settlemen! Intormation, materiale and documents discovered or produced Upon termination of this contract, and as a condillon placedent by Contractor pursuant to the terme of this Contract, Including thereto, the Contreolor shall execute ard deliver to the HA a bul not limiled lo reports, mamaranda or latters concerting the cartificate and release, In a form acceptable lo the HA, of all reseatch and reporting fake of this Contraot. calme against the HA by the Contractor under and by virtue of this contract, ohar ten such claime, If any, as may be
6. Enargy Effolency apecifcally excepted by the Contractor in stated amounts sel forth thereln.
The contractor shall comply with all mandatary standards and polloles relating to eriergy efficlency which are conlained In thie 11. Organizational Confilots of Interest energy conservallon plan issued in complance with the Energy Policy and Conservallon Act (Pub.L, 84-183) (or the State In (a) The Confractor warranla that lo the best of lle knowledge. which the work under this contract is parformed. and bellef and except as otherwise disclosed, it does not have any organizationel contlot of interat which is dafined
7. Disputes as a situation in which the nature of work under thie contract and a contraclors organizalional, financia),
a) Al dapes draing under or relating to this contract, excep contractual of other interests are such tal:
or risen anen inter causes contened n sortion Award of the contract may reautt in an unfair attier Standarde Rrowsons including any clalma for compellive advaniaga; or damages for the alleged breach there of which are rot () The Contradore objeckivity In performing the contract disposed of by agreement, shall be resolved under this work may be impaired. dausé. (b) The Contractor eg/des that If aller award I! discovers an (b) All alalma by the Contreator ahell be made in willing and organizalonal conflict of intereat with repeat to this contract submitted to the HA, A claim by the HA eganst the or any lask/dellvery order under the contraot, he or she shall Contractor shall be sub/ect to a written decision by the HA, make an Immedlete and full disclosure in writing ta the (a) The HA shall, with reasonable promptness, but in no evant Contracting Cificar which shall Include a desciplian of the In no more than 80 daya, render a decision concerning any actan which the Coniractor has taken or Intenda fo take la claim hereunder. Unlesa tha Contractor, within 30 days after aiminale or see te co, The MA may, howaver, redeipt of the HA's deculen, shall nolly the HA In wring terminale the contract or taak/delivary order for the that it takes exception to such declaion, the decalon convenience of the HAi It would be in the beat Interest shai batnal and conclusive, of the HA,
{d) Provided the Contractar has (1) given the natice within the. (c) in the event the Contractor was aware of an organizallonal Ume alațad in paragraph (o) above, and (l) excepled ila canfiot of interest before the award of this contract and claim relating la such deciston. from the finet release, and (Il) ntentlonally did na) disaloge the conlilal to the Contracting brought sult against the HA not later than one year after Oficer, the HA may terminale the cantract for default recalpt of final payment, or it final paymant has not bean (d) The terma of the clauaé shall be Inofuded in all made, not later than one year after the Contrecior has had a subcontracts and consulting agreements whereln the work гаваолаа ime to cespond lo a writlen request by the HA to be performed is almilor to the dervlce provided by the that It submit a linal vousher and release, whichever in prime Contractor. The Contractor shal Include In such earler, than the HA's decision shall not be fined or subcontrads and consuling agreements any noceanary conclusive, but the dispute shall be determined on the provisions to eliminate or nautralize contlota of inlereal, marita by a cout af compalent uradiatioh.
(e) The Correstor shall ploceed dilgantly with partormance of 12, Inspection and Accoplanca this contract, pending final resolution of any request for rallef, calm, aposal, or gallon arising under the contrast, (a) The HA has the right. to revlew, regure comraction, If and comply with any deolalan of (ha HA,
onlractor, Such review(s) shall ba carled out within 3
Contract Termination; Pabarmen! days so as to not Impede the work of the Contractor. Any Section 1- Page Page2of6 fonts HUD.#37D-C (01/2014)
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product of work shall be deemed accepfed ag submitted H "Local governmant" meana a unit of governmen in a Slata the HA doss not Issue written comments end or redured and, i chartered, estabilahad, or otherwise recognized by a correctiona within 30 days from the dale of receipt of such Slate for the perfomance of a govermenlal duly, Including a product from the Contradior. Incel puble authorily, a speolal district, an Intrastate distrial, a (b) The Contracfor shall make any requred correotions council of governments, a sponsor group representalives promptly al no. additional changa and relum a revised copy organization, and any other Inatrumentailty of a local of the product to the HA within 7 days of notificallon or a government. later date if extended by tha HA. "OMicer or employee of an agency includes the following to Failure by the Contracor lo procad win reasonabe Individuan who are employed by an agency:
prompiness to make neosssary corecions shall be a
dalault, if the Contractore aubrisgion of correaled work Govamment under tilla 6, U.S.O., Including a parlion remaine unacceptable, the HA may taminate this contreat (or the fask order Involvad) or reduce the contract pilga or (Il) A memberof the uniformed servicee ay defined in coat to reflect the reduced value of sen/ces racelvett, Beotion 202, Utter 18, U,8.0.) (Ill) A special Govemment employee as delinad in section
13. Intereat of Mambera of Congrass 202, e 18, U.S,C.; and, (lv) An Individual who is a member of a Faderal advisory No member of or delegate to the Congress of the United States committee, as deficed by the Federal Advisory of America or Ras/dent Commieslonar shall be admitted to any Commilee Ast, tile 5, appendix 2. share or part of the confract of to any banel to arise there from, "Person" masha an individual, corporation, company, but this provision shall not be construed to extend to hia assoclallan, authortly, fim, partnershlp, eactely, Stale, and local contract if made with a corporation for its ganeral benalit. govemmen, regardess or wheller such only is operaled for prall or nat for profit. Thia tam axoludes an indian tre, fribal 14, Infarest of Members, Officors, or Employees and Farmer organizallon, or other Indian organization with reaperd to Membara, Officars, or Employees ехра (es spacical parmied by aler pederal lay. "Recolent nodea a contractors, suboontraciors al any
No member, officer, premployee of the HA, no mamber of the (ler, and subgrantees at any fler of the reciplant of funda recalved govaring boody of thalocally in which the projec is altualad, no in conned ion with a Federal contract, grant, loan, or cooperalive member of the governing body in which the HA was Bolivated, and no alhar pubia official of such locally or calliea who or any other Indien organize ion with respect to expenditures specifically permited by ottier Federal law, project, shell, during his or her tenure, or for one year "Regulary emplayed means, wilh respect to an officer or thereafter, have any interest, direct or indirect, in this contract or employes of a paraan requealing or racelving a Pederal the proceeds thereof. control, grant, loan, or cooperative agreement, an officer or employaa who la employed by such parson for al east 1a0 1i. Limitation on Payments to Influence Cortain Feloral working days within one year immed alaly preceding the date of Trangaotiona the submisan that Infates agency considaration of such ретвол for rece)p) of such contrao, grant, loan, or cooperative (a) Definitlons, As used In thie clause: agreament, An officer or employae who is employed by auch "Agancy", as defined in 5 U.S,O, 652(f), Includes Federal parson for less than 130 working daya within one year Immediately precoding the date of gumission that Initlates regulalory commiss one and Govarment corporationa, as
defined In 31 U,S.O. 9101(1), regutarty employed as soon as he or she is employed by such "Covered Federal Action" means any of the following person for 130 working clays.
Faderal actiona: "Blate" meana a State of the United Slates, the Distriat of 1) The ratig of my Freiral grant, The awarding of arty Federal contracti Columbla, the Commonwealth of Puerto Rico, a tartory or possesalon of the United Stales, an agency or Instrumentality of (il) The mak)ng of any Federal loan; a Stale, and a multi-State, regional, of interstate entity having (tv) The enlering Into of any cooperative agreemant; and, govemmaníe) dulles and powera. (v) The extension, continuetion, ranetal, amendment, or b) Prohibition, modification of any Federal contract, grant, laan, or (1) Seation 1852 of tille 81, U.S.O. provides in port that no appropriated funde may be expanded by the recipient
Covered Federal action does not Inalde receiving from an of a Federa, contract, grant, laan, or cooperative зделсу a commiment providing for the United States to insura agreement to pay any pentan for infancing or attempling to influence an officar or employee of any
"Indian tribe" and "triba organizallon" have the meaning agency, a Member of Congress, an officer or provided In section 4 of the Indian Self-Determation sud employee of Congress, or an employee of a Member Educallon Asslelance Acl (28 U.$.O; 450B). Albaken Nalives of Congress In connection with any of the following are Inaluded under the definitons of Indian tribes In thai Act. covered Federal actogs: the awarding of any. Faderal "Influancing or attempting to Influence" maana making, with contract, the making of any Federal grant, the making tha Intent to influence, any communication to or appearance of eny Federal loan, the entering into of any before an afficer or employee of any agency, a Member af cooperative agreement, and the extension; Congress, an ofiler or employee of Congress, or an employde continuation, ranéwal, omendment, or modication of of a Memberor Congresa In connellon with any covered any Federal contract, grant, loan, or coperativa FederAl solon. agreement,
(iI) The prohibition does not apply as followa:
Section/ - Page 3 oft form HUD-5370-C (01/2014)
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covered Federal allon or an extension,
(a) The prohibion on the use of appropriated con inuation; renewal, amendment, or funds, In paragraph (I) of this secllon, does not modification of a covered Fetleral action apply in tha case of a payment of reasonable if the paymenk is for professional er compensallon made lo an officer or employee of teahnical services rendered direcily in a person requealing or receiving a Fedora) the preparation, submission, or contral, grant, loan, or cooperative agreement, if negellation of any bld, proposal, or the payment a for agency and Inglalative appllcallon for that Federal aclion or for eatlvilles not direcily related (o a covered Federal meeting regurements Imposed by or actor pursuant to law da a condition for
(b) For purposes of paragraph (bIX1Ka) of recalving that Federal action, Parsons this clause, providing any information specifically oller than officers or employees of a raquested by an agency or Cangresa la permitted person requesting or recalving a el any Line, covered Federal action Ineluda
(o) The following agency and legfelative liaison conaultants end trade associalloris. alvilles are permitted at any time only whore (b) For purposes of subdivistan (bX(IX2Ka) of they are not related to a specifla sullallallon for clause, "professlonal and technice) services" any covered Federal action: shall be limited to advice and analysis (1) Discussing with an agency (including dreally applying any profesupnal or individual demonstraliong) the qualiles and lectinkal dincipline. characionelica of the person's produote or (o) Requirementa Imposed by or pursuant to law services, conditions or tarms of sale, and servine ea a pondition for recalving a covered capabilities; and, Federal award include those repured by law 12) Tearica cusson and her or regulation, or reasonably expectad to be Bolivities regarding the applicallon or adaptation requred by law or regulation, and any other of the persone products or services for an requiremente in the actual award agencys use,
(d) The following agony and legislative lalson (d) Only lose services expressly authorized by formal sallcilation of any covared Federal adlion: seçtion ere pamitad under this clause. (1) Providing any Informatlon not (Il) Selling sclivillas by Independent sales specifically requesled but necdasay foren represente
agenay fo make an informed deciston about (a) The profilbtion on the use of appropriated funda, In Inillation of a covered Fedeyal aclion; subparagraph (oX) of this clause, does not apply to tha (2) Technical disquasons regarding he fotowing selling activillet before an agency by indepandent preparation of an unsalicited proposal prior to la sale representatives, provided such activilles ara prior to officie submission, and formal salcitalion by an agency and are specifically timiled (3) Dapabilly presenlallons by parsona to the merits of the matter:
seeking awarde from an agency pursuant to the () Diacussing with an agency (Including Individual provisions of the Small Businegs Act, Ba demonstralion) the qualties and aharacterialica of the amended by Publis Law 85-507 and olher person's producte or services, conditions or tema of sale, and service capablites; and
(e) Only those evilles expreatly authorized (I) Technical decuralona and other ectvilles regarding by subdivision (bXIX1Xa) of this clause are the application or adaptation of the persors prociota permitted under this clause, or services for an agaricy's use (2) Profassional and technical survices, (d) Agresment, in accepling any contract, grant, cooperative (a) The prohibltion on the use of appropriated egreement, or loan reaulling from this sollcitellon, the funds, In aubparagraph (bXI) of this clause, person submiting the offer agrass not to make any does nol apply in the case of payment prohlbiled by this dauge, 0) A payment of reasonable compeneation (e) Panellies: Any person wto makes an expertillure made to an officer or employee of a prohlbited under paragraph (b) of this clause shall be porson requesting or receiving e subjecl to civil penalles be provided for hy 37 U.B.O. 1352. covered Federal salon or an extansion, An Imposition of a clul penalty does not prevant the conlinualian, renewal, amandment, or Government from seeking any ather remedy thai may be modificallon of a covered Federal appilcable.
acllon, I payment la for professional or (f) Cost Allowability, Nothing in this clause is lo be Interpretad technical services rendered directly In to make allowable or reasonable any costs which would be the preparation, submission, or unallowable or unreasonable In accordance with Part 31 of negatiation of any tid, proposal, or the Federal Acquallan Regulation (FAR), or OMB appicațlan for that Federal action or for Oraulars dealing with coat allowablity for reciplenta of meeting requirements Imposed by or Easistanca agreements. Conversely, costa made pursuant to law an a condiion for specifically unallowable by the regulamants in this clause receiving that Federal action, will not be made allowable Under any of the provisions of ) Any reasonable payment lo a person, FAR Part 31 ur the relavant OMB GIrdulens. other than an officer or employee of a
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18. Equal Employmant Opporturity Contractor becomes Involved in, or is threatened with, gation with a subcontractor or vandor as a result of such During the performance of thia contract, he Contractor agrees enler Inta (he Illgallan lo protect the intereals of the United (a) The Contractor sha not daciminate against any employee StAles. or appllcant for employment because of raca, salor,
rellgion, aex, or malonal orgin. 17. Dissemination or Aleniogure of intormation (b) The Contractor shall take affirmativa aclan to ensure ibal applicanie erø employed, and thal employees are trealad No Information or material shall be disseminated or dantoned to dunno employmen winout regard to their raca, color, the general pubilc, the news meda, or any person or region, sex, or nalional origin, Such action ahall Include, arganizallon without prior expreas willlen approval by tha HA. but not be limited to (1) amployment: (2) upgrading: (3) demollon; (4) tranater; (5) recruitment or rearumant 18. Contraator's Status advertising: (8) Iayoff or terminallon; (7) rates of pay or other forma of compandelion; and (8) selection for fralning, It is understood that (na Contredtor is an independent contractor Including apprenticeship, ard Is not to be considerad an amplaye of the HA, or assume . (c) The Contractor shall poat in canapicious placen avallable any right, privilege of dulles of an employee, and shall save to employees and applicante for employment the notices fo harmless the HA and ite employees from claima sults; actions be provided by the Contracting Officer that explan thle clause. ectivillas an behalf of the HAIn connection with this Agreement. (d) The Contractor shal, in all sociallone or edversemenis for employees placed by ar on behalf of the Contrator, 19, Othor Contractors atale that all qualified applicanla will receive consideralion for employmant without regard to race, color, rellgion, sex, HA may undarake or award alher controls for edutional work or national origin, afor near the ele(g) of the work under this contraot. The (o) The Contractor shall send, to each labar unlon or contractor shall fully cooperale with the ofter contractors and representalive of workers wilh which It has a collective with HA and HUD emplayees and shall carafully adapt bargaining egretment or other contract or underslanding, scheduling and parforming the work under this contract to (hie nella to be provided by the Contrating Officer
adyising the labor union or workers' representalive of the may be provided by the Contrating Officer. The contractor ahall Contractors commilments under (he clause, and post not commit or permit any act that will Interfere with the copies of the rolice in conspicuoua places avallable lo performance of work by any other contrealar or HA emplayee. employees and appicants for employment.
(1) The Contractor shall comply with Execulive Order 11248, 20, Lions as amended, and the rules, regulalone, and orders of the Secretary of Labor. The Contractor is prohibited from placing a Hen on HA'S (g) The Contractor shall fumish all informallon and reports property. This prohibliton shall apply to all suboottractors. ragujred by Exertiva O/der 11246, as amended and by
rules, reculationa, and order of the Secretary of Labor, pr 21. Training and Employment Opportunitles for Routdents In pursuant therefo. The Contractorphell permit access to lte the Projent Araa (Baotion 3, HUD Act of 106B; 24 OFR 1365). bpoka, records, and accounts by the Sacretary of Labor for purposes of Investigation to ascertain complance with such (a) The work to be parformed under this contract is subjact to the rules, regulations, and orders. regulremente of seolion 3 of the Housing and Urban Development in the event of a determinalion that the Contractor is not in Aot of 1080, as amended, 12 U,8.0. 170tu (secton 3). The complance with this clawe or any rule, regulation, or order of the Secretary of Labor, tha contract may be canceled, economic opportunities generaled by HUD взвівіалса or HUD- terminated, or suspended in whole or in part, and tha #aalsted projects covered by sedion 3, ahall, to the greatea! Contractor may be declared ineligible for further axlant fesa|ble, be dracted to low- and vary low income parsons Govamment contraots, or federally asslated constructon
contracts under the procedures authorized in Exebutive HUD earlatance for housing.
Order 11240, as amended. In addition, sanctions may be (b) The parties to this contract agree ta comply with HUD's Imposed and remedies Invoked agalnst the Contractor as regulalions In 24 CFR Part 135, which Implement section 3. As providad In Executive Order 11246, as amended, tha rules, evidenced by their execution of this contract, the parles to (hla tegulations, and ordera of the Secrelary of Lester, crea contraot certify that thay are under no conleaptual or other otherwine provided by lew, Impediment that would prevent them from complying with tha (1) The Contractor shall Includa the ferme and conditions of this clause in every subcontraot or purchase order unless (c) The contractor agrees to send to each tabar organization or axampled by the rules, regulațions, or prders of the representalive of workers with which the conlector has a Secrelary of Labor leaced under Execulive Order 11246, collective bargaining, agreement or other understanding, if any, 4 an amended, so that these terme ard condions will be notice advlaing the (abor organizallon or workers" representative binding upon each aubcontractor or vandor. Tha ofthe contractora commitmenis under tila sacton 3 olause, and contrator shall take such acion with respeot to any will post coples of the notle in conspicuous placed at the work gubcontractor or purciase order as the Socretary or alte where both employess and applicanta for training and Houalng and Urban Devalopmant or the Secrelary of Labor employmant poationa can sea the notice, The notice shall may direct as a means of enforcing such provialone, dasobe the section 3 preference, shall set forth minimum Including sanctions for noncompllance; providad that if the number arid job lilles mubject la hire, aveilablity of Section/ - Page f ote form HUD-#370-C (01/2014)
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apprenticeshlo and training pollions, the guelicalions for each; and the nama and locallon of the person a taking applicallons for each of the postlion; and the anticipated dale the work ahall begin.
(a) the contractor agrees to include this section 3 claune In every subcontract sub eat to compliance with regulations in 24 CFR Pur 135, and egrees ta take appraprate pollon, as provided in an appllcable provalon of the subcontract or in this sector 3 cause, upon a finding thal the subconnor a In violallon of the regulafons In 24 OFR Part 136. The contractor will not
subcontral with any subcontractor where the contrator has hollce or knowledge that the subcontractor has baen found In violalion of the regulation in 24 CFR Part 195.
(e) The contractor will certily that any vacent employment positions, inoluding training pallions, that and fled (1) aler the contrealar Is salected but belore the contract is executed, and (2) with persons ather than those lo whom the regulations of 24 CPR Part 135 require amployment opportunities to be d/regted, were nos filed to circumvent the contractors obligations under 24 QFR
Part 135.
(1) Noncomplanea with HUD's regulatona In 24 CFR Part 138 may result in sandlons, termination of this contral for defaull, and debarment or auspension from future HUD assistad contracts. 22, Procurement of Redovered Matarala
(a) In accordance with Seation 8002 of the Salld Waste Disposal Acl, да втепова y a Resource Conservation and Recovary Act,
the Contreator shall praoure Items deagnaled in guidalines of the Environmental Proleolion Agency (EPA) at 40 CR Part 247 (hal contain the highest percentage of recovared malerals
pracluable, constatent with mantalning a gallafactory level of compellion. The Conracor shall procure |ems designalad in the EPA guldel/nea that contain the highest percantage of
recoyarad materials practicable unless the Contractor
determinea that such ltera: (1) are not reasonably avallable in a reasonable perked of Ume; (2) fall to meal reasonable
partormanca alandarda, which ahall be dalermined on the basia of the guidelines of the Nalional Inalitula of Standards and Technology, If applicable to the llem; or (3) are anly aval/able et an unreasonable pria.
(b) Paragraph (a) of this clause ahall apply to Items purchased under this contract where: (1) the Contractor purohases in exceas of $10,000 of the Item under thie contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any ella sero or agoray of a police bile one i reg
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Handbook No. 7460,8 REV2
TABLE 5.1 MANDATORY CONTRACT CLAUSES FOR SMALL PURCHASES
OTHER THAN CONSTRUCTION
Examination and Retention of Contractor?a Records, The PHA, HUD, or Comptroller, Guneral of the United one or can to de l rosit i, until dire your pfter tinpl paymont under this contract, havazaçesa to and the right to oxaraine any of thia Contractor a direally portinent booka, documenla, popera, or other record involving rüngütions related to this onboct for the purposa of inaking audi!, examinntion, excerpts, and Right in Date end Patent Rights (Ownershlp and Proprlotary Interest). The PHA shall have exclusive ownership •of all proprietary interost in; and the rigat to full and exclusio possession of all information, materals, and dedica discovered or produced by Contrastor pinuent to the ternts of this Corinct, inaluding, but not limited to, repotts, memoranda of lettars concerning the resenrols and reporting tusks of tha Contrabs.
Euorgy EMilency. Tho Contrictor shall comply with all mandatory standards and polioles reluting to energy officency which are contained ip the areney consarvation plun iseued in compifundo with the Enorgy Polloy und Conservition Act (Pub.L. 94-163) for the Sinte in which the work under this contract in performed.
Procurement if Recovered Material!
(a) In accordance with Sention 6002 of the Solld Waite Disposal Aot, on amended by the Resource Conservation and Recovery Act, the Contact hill dodure item dediated in guidelines of the Environmental Protestion Agency (PA) It 40 GRR Part 247 hat contain the hlihest porgone of recovered materials practicable, coralatent lih maintoining a satistifary lovel of compotion The Contractor shall procure itema destináted in the EPA guidelines that contain the highest percentige of repared halerals prationble un as the Cortmotor determines that such lema! (1) are not reasonably available in reasonable perlod of time, (2), foll to meet reasonable puttonnando standards, which shall bi doormined on the bhais of the guld ines of the Natlong! Ititute of Sundards and Techglogy, If applicable fo the hem, or (S) aro only ivillible at an unreasonsils prico. to pat tom pursed under this contrat wileter L the Contrador purchases In arcosa of $10,000 oF the item under. this contract, or (2) düring the precoding Fodern fiän! Ved, die •Gontrator purchpsed any ampunt of the em forus under contret tat was funded with reuero appenden did was with a Federas ngency ar a stale agarcy or oncy afa pollen subalvialon of n Stuts; and (1) nurtuat lot of in exces or 100 or the lum baili under nd outside that contrast.
Turn pitten for Giura ant for Conventenco (coultact of sto,b0D or kicke unless the notico dinots otherwige), and (2) deliverto the PHA alharmation; гаромы; дрояд one ahterials necumulated or generäted in pertoming the controt, whether complated or in proccua (b), If tha termindlion is for ho convenlence bf the PHA, tho PHA shall be linble only for goyment for services rendered before the effeötive dale of this termination. termination. Any youte shall be deaded by ihe Contracing Offictr. 5-6 2/2007
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Section B
City of Richmond - Insurance Requirements • Type 1:
Consultants and Contractors
In all Instances where & CONTRACTOR or Its representatives will be conducting businass and/or providing services, the City raquras the following MINIMUM insürance repurements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for wark, services or supples, Insurance against claims for Injures to persons or damages to property wilch may arise from or in connection with the perfarmance of the work herunder and the results of that work by the CONTRACTOR, Its agents, representatives, employees or subcontractors, Malnténance of propor insurance covarage is a material element of che contract. Failure to maintain or renew coverage or to provide evidence of renewal may be freated by the City as a materfal breach of contract.
CONTRACTOR agrees that In the event of loss due to any of the paris for which it has agreed to provide Commerclat General Liability insurance, CONTRACTOR shall look solaly to its insurance for recovary, CONTRACTOR hereby grante to CITY, on behalf of any insurer providing Commercial General Lability Insurance to elther CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a walver of any right to subragation which any such insurer of sald CONTRACTOR may acquiré against the CITY by virtue of the payment of any foss undar such insurance.
Original, signed certificates and original, separate palicy endorsements, naming the City as an additional Insured for general lability, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the city before any work may begin, Howaver, tallure to do so shall not operate as a walver of these insurance requirements,
City reserves the right to modify or require additional coverages for spadfic risk exposures depending on scope of CONTRACTORS WOrk,
Minimum coverage is detalled below, The pallcy limits of coverage shall be made avallable to the full mits of the polley.
The minimum Imits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance - the fallowing forms shall be provided and coverage shall beat least as broad as the following:
Insurance Services Office Commerdal General Lability coverage (150 Occurrence form CG 000 cluding coverage for bodily and personal Injury, property damage, and products and complate oparadons.
2. Insurance Services Office Automoblle Liability coverage (150 Form CA 000t, Code 1, Any Auto) 3, Orginal and Separate Additlonal Insured Endorsements for General Labllity (150 form CG 20 10 11/85 or Its equivalent) with primary and non-contributory language,
4. Workers! Compensation Insurance as raquired by the State of Callfornia Inctuding Employer's Liablity covérage,
5, Orginal and Separate Waiver of Subropation for Workers' Compensatlon and Bullder's Risk/ Courst of Construction Insurance,
6, Bullder's Risk/Course of Construction Insurance covering all risks of loss less pollcy excluslons when the route proper as a financial interest in the property, - Only requred for Construction contracts contractor's Palfution Wabilty (It apallcable for Construction Contractors) Roquica Curlene 3 Minimum Limits
Workers Compensation ano Statutory limits as requinad by the Skate of Callforia Including Si million Imployers* Liability
Type 1 - Page 1 0f4
Revised: September 2011
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_ Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Generat Lility PROJECT CORT. REQUTRED LIHIT
52 milton. p/o
$5 mllion p/o
$10 mlllon p/o
- millon p/a
Includes coverage for bodily injury, personat intury, property damana and collapse, or damage to underground property,
If the pollcy Includes a general aggregate, elther the general aggregate shall apply separately to this project, service or location or the minimum requirad aggreg limit ehall be twice the pur occurrence limit ($4 Policy shall be endorsed to name the City of Richmond as an additional Insured pér the conditions detalled below.
Automoble Liabillty 71,000,000 per occurrence for bodily Injury and property damage.
Coverage shall Include all risks of dinect phyaical foss, excluding eurthquake or an amaunt eque/ to the full completed value of the covered structure pi replacement value of alterations or additions, including soft costs and Bulldars' Risk/Course of business Interruptian.
Construction - Covers property
under construction, repalr or refer mast gentle or such prayers, roperty nan fate in Floater may be acceptable, renovation as wall as equipment shall be obtalned that provides for the Improvement, remodel, modification, and materals to be installed.
(Only required for Construction
Projects involving proparty and
equipment Installation.)
the City of Richmond's slte.
The City of Richmond shall be named as lass payee as its interest may appear. The ingurer shall waive all rahts of subronation against city, Contractor's Pollution Liablity (If Same limits as General Liability. applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractora
covered operations such as
IAC, paving, carpentry, pipeline
tank Installeton, drillers
Required Policy Conditions
A, M. Best Raking A:VIl or Better, If the A,M. Best Rating falle below the raquired rating, CONTRACTOR must raplace covarage Immedlately and provide notice ta City, Additional naured Endorsement
The City of Richmond, Its officers, officlals, amployees, agents an volunteers are to be named as additional insureds for all liability arising out ISO form CG 20 10 (11/85) or its equivnient la requirad. The TYpe 1 - PADA Z 0f4
Revised: Septamber 2011
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-Exhibiti
-Sortion f
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Additional insured Endorsement SAMPLE Endorsements ear Be found at (continued)
Primary and Noncontributory
the insurance of the contractar and in no way rellaves the contractor fram its Waver of sutrogation
Endorsemunt Form
SAMPLE Endorsemenka can be found at
Deductibles and Self-Insured Any deductible or self-nsured retention must be declared to and approved Retentions by the City, At the optlon of the City elther the Insurer shall reduce or eliminate such deductibles or self-Insured retention as respacts the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteging payment of losses and related Investigations, calms administration and defense expenses.
Contractar Is responsible for satisfaction of the deductible and/or selt-Insured retention for each loss.
Loss Payable Endorsement (only Applicable to Buttder's Risk/Course of Construction naming the City of required when Builder's Risk Richmond as Loss Payee.
and/or Courso of Construction
Insurance is required)
SURETY BUNDS The Contractor shall provide:
(If a Puble Works/ Engineering 1. A Bid band
profact) 2. A Performance Bond
9. A Payment Bond
Umbrella/Exceas Lablilty Polices
If an Umbrella or Excess Liabillty Pollcy Is used to meet the liability limits, coverage shall be as broed as specifled for underlying coverages and cover those insured in the underlying pollcies.
Claime-Made Policles
Subcontractora
CONTRACTOR shall include all subcontractors as Insured under its polices orshall fumish to the City for revlaw and approval, separate certificates and andorsements for each subcontractor. All covarage for subcontractors shall ba subjøct to all of the requirements stated herein,
CONTRACTOR agreas to defend and indemnify the City of Richmond for any damaga resulting to It from fallure of elther Typa 1 - Page 3 or 4
Revised: September 2011
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- Exhibit F
- Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Verification of Coverage :
endorsements atfecting the coverage at any time.
Original Insurance artificates and raquired policy endorsements shall ba mulled, or dellvarad to the Designated Profect Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager, However, Contractor must mali the original certificates and andorsements to Designated Project Managar once faxed.
Continuous Coverage
CONTRACTOR shall maintain the regulned Indurance for the life of the contract. Should the CONTRACTOR censE to have Insurance as regulad during this time, all work by the CONTRACTOR pursuaht to this agreement shall cepse until nsurance acceptable to the City is provided, in the event that CONTRACTOR falls to comply with the City's Insurance. equirements, the Cly may take such action as It deems necessary to protect the City's interasts, Such action may clude but a not limitad to terminatlon of the contract, withholding of payments, ar other actions as the City deam:
appropriate,
If services or the scope of work extend beyond the expiration dates of the required insurance pollcles inittally approved by the Cily, CONTRACTOR must provide updated certificates and endorsements Indicating that the required coverage, terms and conditions are stli in place. Renewal certificates and updated endorsements shall be mailed to tha Designated Projett Managar,
Cancaliation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed axcept after thirty (30) days' prior written notice has been given to the City.
Reporting Requiraments
Any fallure to comply with raporting or other provisions of the policles including breaches of warrantles shall not affect coverage provided to the city, its officers, officials, employees or volunteers, Canalatent with Public Pallay
The nur pesos, far as they may be add bast put polly shall be vold and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herel may be consistent with public pollcy and thus enforceable,
Type 1 - Page 4 of A
Revised: September 2011
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