CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this _19th_day of month _ ____ and year ____, by and between the City of Ri chmond, a municipal corporation, and a charter city (“City”) and _______________ (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”
RECITALS
A. On ___ day of month ______ and year ____, the City circulated and Invitation for Bids via the Bids Online system seeking qualified contract ors willing to undertake the construction work at the Richmond Police Department located at 1701 Regatta Blvd, Richmond, California 94804 (the “Project
”).
B. Contractor submitted the lowest responsive bid and has been determined to be responsible.
C. City now desires to contract with Contractor to furnish construction and related services for the Project.
NOW THEREFORE, in consideration of the promis es and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:
ARTICLE I
CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents
Project Specifications – Contract Documents to include (if applicable) Notice to Prospective Bidders, Invitation for Bids, Special Provisions, City of Richmond Business License, and Insurance Requirements. Contractor’s Proposal attached as Exhibit A, and this Agreement, constitutes the “Contract Documents.”
Section 1.2 Construction
Contractor shall furnish all labor, materials, tools, and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Section 1.1.
Section 1.3 Payments
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
All and all payments made pursuant to this
Agreement shall be subject to the Payment Limit of
$____________. The Payment Limit includes all expenses th e Contractor may incu r. Invoices shall be adequately details, based on accurate records, and be in a form reasonably satisfactory to the City.
Contractor may be required to provide back-up material upon request. ____September
2023
RF Contractors
24th 2023February
101,201.30
September
Contractor shall submit timely invoices to the following:
Richmond Police Department
ATTN: Eric Tam
1701 Regatta Blvd
Richmond, CA 94804
All invoices that are submitted by Contractor shall be subject to the approval of the Police Department’s authorized representative, Eric Tam, before payments shall be authorized.
The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction.
The City shall not pay late fees or interest.
Section 1.4 Discovery of Hazardous Waste or Unusual Conditions Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
a) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. b) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the d eadline for submitting bids.
The City shall promptly investig ate the conditions and if the City finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, perfo rmance of any part of the work shall issue a Change Order under the procedures described in this Agreement.
In the event that a dispute aris es between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the C ontractor's cost of, or time required for, performance of any part of the work, the Contra ctor shall not be excused from any scheduled completion date provided for by this Agreement, but shal l proceed with all work to be performed under this Agreement. The Contractor shall retain all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the Parties.
Section 1.5 Laws, Regulations, Pe rmit and Insurance Requirements The Project work shall proceed only after the following permit and insurance requirements are met:
a) City of Richmond Business license. The business license must be kept current during the term of this Agreement for payments to continue or authorized. b) Building Permit (if applicable)
c) Type I Insurance (See Attachment A). Insurance coverage must be kept current during the term of this Agreement for payments to continue or authorized. d) Surety Bond (Performance Bond for 75% of Agreement)
e) Surety Bond (Payment Bond for 75% of the Agreement)
f) Contractor shall possess a valid California Class C-15 Contractor’s License from the time the bids are due and throughout th e entire term of this contr act. The City will not award this Agreement to a bidder who fails to possess and/or maintain the required license. g) Background check. All Contractors participati ng in this Project may be subject to a background check (note: All criminal convicti ons will be reviewed on a case-by-case basis).
Contractor shall cause all work performed in connection with construction of the Project to follow all applicable laws, ordinances, rules, and regulations now in force or that may be enacted hereafter.
Contractor shall pay prevailing wages to all empl oyees (including subcontractors) of the Project as those wages are determined pursuant to Labor Code Section 1720 and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable Federal, State and Local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any app licable City of Richmond employment requirements, including but not limited to:
a) City’s Living Wage Ordinance (Richmond Municipal Code Chapter 2.60) b) City Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50) c) City’s Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56) d) City of Richmond Nondiscrimination Clause (Richmond Municipal Code Chapter 2.28) e) City of Richmond “Ban the Box” Ordinance (Richmond Municipal Code 2.65) Contractor and all subcontractor s shall maintain accurate payr oll records showing the name, address, social security number, wo rk classification, Straight time a nd overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, and others employed on the Project. Each payroll record sh all contain or be verified by a wr itten declaration made under penalty of perjury, stating both of the following:
a) The information contained in the payroll record is true and correct. b) The employer has complied with the requirements:
I. Labor Code Section 1771 (prevailing wage provisions) II. Section 1811 (eight-hour day, forty-hour week provisions) III. Section 1815 (overtime compensation) for any work performed by the Contractor’s employees on this Project.
Section 1.6 Payroll Records
The Contractor sh
all provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay Records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and its subcontractors to promptly deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which may include documents which provide sufficient evidence that each employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance. This Section 1.6 shall survive the termination of this Agreement.
Section 1.7 Indemnification
Contracto
r shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties, or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and Subcontractors) to pay prevailing wages in connection with the Project. This Section 1.7 shall survive the termination of this Agreement.
Section 1.8 Equal Opportunity
During the construction of the Project, there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origi n, ancestry, or disability in the hiring, firing, promoting or demoting of any person engaged in the construction work.
In addition, Contractor agr ees to observe the provision of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices based on race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Section 2.0 Termination, Default and Remedies
In the event of defau
lt, the City’s assigned Pr oject Manager reserves the right to stop work immediately if any action or inaction by the Contractor or any Subcontractor cr eates a risk of imminent hard to the public, employees, or property.
a) Breach of Covenants. Failure by Contractor or any Subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents.
The City shall give written notice of the breach and specify a time in which to cure the breach.
If the Contractor cures the breach within the time specified in the notice, or, if the breach cannot be cured in the time specified but the Contract or has diligently pursued measures to cure the breach to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
b) Disregard of Laws. Disregard of laws, rules, re gulations, directions or instruction of City by Contractor or any subcontractor with respect to the performance of work. c) Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute disc retion and without cause, terminat e this Agreemen t at any time prior to completion by Contractor of the project or se rvices hereunder, immediately upon written notice to Contractor. Cont ractor may terminate this Agreem ent at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Cont ractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for th is Agreement, prior to receipt of notice of termination, irrespective of whether such materials or services of others have been delivered, if Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses. d) Termination in the Event of Defa ult. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, City may immed iately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of da mage, including attorney's f ees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Agreement.
Additionally, in the event of su ch termination, the City may proceed with the work in any reasonable manner it chooses.
e) Conflict of Interest. Contractor acknowledges, represents, and warrants that Contractor shall avoid all conflicts of in terest (as defined under any federal, state, or local statute, rule, or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents, and wa rrants that no City official or employee has any economic interest, as defined in T itle 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Agreement. Contractor acknowledges that if Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agre ement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
f) Force Majeure. Neither party hereto shall be c onsidered in default in the performance of its obligations here under to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power , restrictive governmenta l laws and regulations enacted after the date of this Agreement, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
g) Severability. If any of the provisions or portions or applications thereof of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward effecting the purpose of this Contract, and th e validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby. h) Waiver. The waiver by City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of th ese acts, shall not reli eve the Contractor’s obligation to fulfill this Agreement as prescrib ed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Agreement.
Section 3.0 General Conditions
a) Independent Contractor. Contractor acknowledges, represents, and warrants that Contractor is not a regular or temporary employee, joint vent ures, or partner of th e City, but rather an independent Contractor. This Agreement shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Agreement, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
b) Brokers. Contractor acknowledges, represents, and warrants that Contractor has not hired, retained, or agreed to pay any entity or pers on any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. c) City Property. The rights to applicable pl ans, drawings, reports , calculations, data, specifications, videos, graphics or other materi als prepared for or obtained pursuant to this Agreement, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If a pplicable, Contractor shall pr epare check prints upon request.
Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has develope d or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend, and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
d) Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state, and federal safety requirements in cluding but not limited to Occupational Safety and Health Administration requirements and shall assume sole and complete responsibility for the safety of C ontractor's employees a nd any subcontractor’s employees. If a death, serious pe rsonal injury, or substantial property damage occurs in connection with the performance of this Agreem ent, Contractor shall immediately notify the City by telephone.
e) Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract. f) Drug Free Workplace Policy. Contractor acknowl edges that the City’s Drug Free Workplace Policy, violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies. g) Time is of the Essence. Time is of the Essen ce of the Agreement. Cont ractor and City agree that time estimates set forth in this Agreement represents their best es timates with respect to completion dates and both contractor and City acknowledges that departures from the schedule may occur. Contractor and City will use reasonable efforts to notify one another of changes to the schedule.
h) Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Agreement will be purchased or renewed by the City under a new Agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
i) Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
j) Warranty. Any product provided to th e City as part of this Ag reement, Contractor warrants Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications containe d herein; the product shall be free from material defects in materials and workmanship under normal use for a period of at least one (1) year from the date of final acceptance; and the product shall be fit for its intend ed purpose(s). All repairs during the warranty period shall be pr omptly performed by Contractor , at Contractor's expense, including shipping.
k) Sanctuary City Contracting Ordinance (SCCO). The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City f rom granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcemen
t Division of the United States Department of Homeland Security (“ICE”). Contractor must
submit the Sanctuary City Compliance Statement, attached hereto as Exhibit A, prior to the execution of this Agreement.
l) Regulation of Campaign Contribution s. As provided in Section 2.39.020 of the Richmond Municipal Code, “no Councilmember accept, solicit or direct a contribution of more than two hundred and fifty dolla
rs ($250.00) from any party, his or her agent, or from any participant, or his or her agent, while a proceeding involving a license, permit, or other entitlement for use is pending before a City Council and for three months following the date a final decision is rendered in
the proceeding if the Councilmember knows or has reason to know that the participant has a financial interest, as that term is used in California Government Code Sections 87100 et seq.” If applicable, Contractor shall comply with Section 2.39.040 of the Richmond Municipal Code requiring a party to a proceeding before the City Council involving a license, permit or other entitlement for use to
“disclose on the record of the proceeding any contribution in the amount of more than two hundred and fifty dollars ($250.00) made within the preceding 12 months by the party, or his or her agent, to any Councilmember.” WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
CITY OF RICHMOND CONTRACTOR:
A municipal corporation
By: _____________________ By: ________________________
Title: Title:
I hereby certify that this Agreement Date Signed:
Has been approved by City Council.
By: _____________________
City Clerk
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type
1 – Page 1 of 4
R
evised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed
operati
ons.
2. Ins
urance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or i
ts equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Ori
ginal and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Constr
uction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of R
ichmond has a financial interest in the property. – (Only required for Construction Contracts inv
olving property)
7. Contrac
tor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Attachment A
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Bro ker” means either of the following:
i. The collection of information, including personal information about consumers, from a w
ide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultim
ately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other sim ilar ser
vices."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any tim
e during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's f ailure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies w ith the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the fore going is true and correct. Executed this day of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
Exhibit A