CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] 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 City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . 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.
Contract Amendment/EJ/TE 09-26-07
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.
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 for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(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.
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. 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
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
Confidential, David Carroll Associates Inc.
City of Richmond
Service and Support 2023-2024
Service and Support 2023-2024 November 16, 2023
City of Richmond
1. TABLE OF CONTENTS
2. Introduction .......................................................................................................................................... 2
3. Service Program .................................................................................................................................... 2 Routine on-site service ............................................................................................................................. 2 Routine Repairs ......................................................................................................................................... 2 Preventative Maintenance........................................................................................................................ 3 Minor Upgrades Software and Firmware ................................................................................................. 3 Emergency on-site service ........................................................................................................................ 3 Remote support ........................................................................................................................................ 3 Event Support ........................................................................................................................................... 4 Coordination and Status Reporting .......................................................................................................... 4 Service Utilization Reporting..................................................................................................................... 4
4. Request for Service: Procedures ........................................................................................................... 4
5. Terms and Conditions ........................................................................................................................... 5
6. Acceptance ............................................................................................................................................ 7
Service and Support 2023-2024 November 16, 2023
City of Richmond
2. INTRODUCTION
The David Carroll Associates standard warranty includes one year of our workmanship with all manufacturer’s warranty terms passing through to the end user. The labor associated with administering these warranties is not included. It is customary for our clients to add additional service coverage to protect their system and guarantee priority service.
We have prepared the following service and support program for your consideration.
Our program includes support services to cover the DCA-installed systems in the City of Richmond Council Chambers.
The intent of this program is to provide the City of Richmond with additional ongoing services to improve the uptime performance of the systems and to decrease the amount of time the City of Richmond technical staff spends servicing the systems.
The proposed services program includes the following features:
1. Emergency on-site service
2. Routine on-site service
3. Preventative maintenance
4. Minor system upgrades
5. Remote support
6. Event Support
7. Service Coordination and Status Reporting
3. SERVICE PROGRAM
DCA will provide support and maintenance services for any audiovisual equipment or systems issue arising from systems covered under the support contract. Services are intended to cover break/fix incidents, routine maintenance, and minor upgrades.
Major system upgrades and project work are out of the scope of the program.
ROUTINE ON-SITE SERVICE
Routine on-site service enhances or restores system functionality but is not considered time critical. Services within the routine service category include non-critical break/fix repairs, administer manufacturer warranties, preventative maintenance, and minor system upgrades.
ROUTINE REPAIRS
When a routine repair is needed, a designated City of Richmond representative will contact DCA Service via e-mail and will provide a detailed description of the problem.
The problem description will include the subsystems affected, related equipment serial numbers, and functional description of the problem. The Request for Service procedure is outlined in section 5 of this document.
The DCA service department will review the request and will acknowledge it to the requestor within 4 hours, during Regular Business Hours. If problem resolution requires dispatch of a service technician to the site, DCA will dispatch a technician, or a team of technicians as appropriate, within 48 Regular Business Hours of the initial request.
Service and Support 2023-2024 November 16, 2023
City of Richmond
PREVENTATIVE MAINTENANCE
DCA will conduct preventative maintenance visits once per calendar quarter , while the service agreement is in effect. The preventative maintenance services will include the following activities:
1. Clean equipment ventilation vents, fans, and filters
2. Clean accessible display vents and filters
3. Check audio and video system components.
4. Check for error codes and logs.
5. Perform system functionality test.
6. Document preventative maintenance services performed during visit and make recommendations.
MINOR UPGRADES SOFTWARE AND FIRMWARE
DCA will support minor system upgrades upon request under the service program. Minor service upgrades would include services such as minor changes to configurations and minor programming changes.
Upon receiving a request for a minor upgrade, DCA will estimate the effort to perform the upgrade and will proceed with the upgrade only upon receiving authorization to proceed from a Designated City of Richmond Representative.
EMERGENCY ON-SITE SERVICE
Emergency status is to be determined by the City of Richmond Designated Service Representative and communicated at the time of the request for service. DCA will acknowledge receipt within 1 hour. DCA’s service technician will arrive on site within 12 Regular Business Hours of a request for service.
Upon arrival on site, DCA will solve the problem immediately or find a workaround, if possible, if the means to solve the problem are not immediately available. DCA’s service technician will inform City of Richmond Designated Service Representative of any expected delay caused by failed equipment replacement, special parts ordering, equipment shipping, etc. DCA service technician will communicate status updates, estimated time of repair and schedule return visits with the City of Richmond Designated Service Representative.
REMOTE SUPPORT
The remote management system, which can integrate within your system, is a valuable time saving service that can facilitate remote troubleshooting and diagnosis of your system.
When practical, DCA may perform service work via a remote connection.
Remote support work may be in response to a service request or in support of preventative maintenance activities. Any remote support activities will be coordinated with designated City of Richmond staff members.
Remote support is billed at the Routine Service rates unless it is in support of an emergency incident when it will be billed at the Emergency Service rates.
Service and Support 2023-2024 November 16, 2023
City of Richmond
EVENT SUPPORT
The service program includes the option to request technical support for events.
This support will augment City of Richmond’s technical staff and provide a safety net during events to address any technical issues that may arise. We ask for the request to be at a minimum of 1-week advanced notice to allow DCA to coordinate resources.
DCA is providing The City of Richmond with a day rate for engineering support of $900.00/day per engineer.
Any event support service appointments under 6 hours will be billed at the hourly rate.
All event support service appointments over 6 hours will be automa�cally converted to a day rate.
COORDINATION AND STATUS REPORTING
DCA will coordinate all service work with City of Richmond designated staff. The coordination will include assessing the impact of service tasks on the system operability status and seeking approval from City of Richmond before scheduling service visits that may temporarily impact the functionality of the system. Coordination may also include scheduling operational validation of the systems with City of Richmond technical staff, after the systems have been serviced, but before the systems are returned to normal operations.
SERVICE UTILIZATION REPORTING
DCA will generate a usage report as services are provided listing the charges against the service agreement including the balance remaining.
4. REQUEST FOR SERVICE: PROCEDURES
1. Authorized Requestor: City of Richmond must provide a list of personnel who are authorized to request service on the City of Richmond system. DCA will only accept service requests from these pre-designated individuals.
2. All requests for service, either Emergency or Routine, must be emailed to [email protected] . Always include “EMERGENCY” in the subject line if required for priority service. Service level agreement is void if service requests are directed in any other way, for example to a DCA employee’s email or telephone.
3. The DCA service department will review the request and will respond to the requestor within 1 hour for emergency requests or 4 hours for routine requests , during Regular Business Hours. If problem resolution requires dispatch of a service technician to the site, DCA will dispatch a technician, or a team of technicians as appropriate, within 12 hours for emergencies or 48 hours for routine, during r egular business hours of the initial request .
4. If an estimate is requested at the time of service request, DCA will provide a statement of work with an estimate of time and other costs, in the form of a Quote (estimate) via email to the requestor. Quotes must be approved prior to scheduling the work. Quote/estimates are non- binding. Invoices are written for actual time and materials consumed.
5. If an estimate is NOT requested at the time of the service request, DCA will immediately schedule the work.
6. DCA reserves the right to make changes in the process to improve service.
Service and Support 2023-2024 November 16, 2023
City of Richmond
5. TERMS AND CONDITIONS
1. Term: This is an annual service agreement to begin after final project signoff which is scheduled for 12/8/2023.
Services will commence on the date of acceptance and receipt of the Purchase Order.
2. Payments: A Purchase Order in the amount of $50,000.00 for the services estimate is required to start the service agreement. Charges will be invoiced for services as they are completed.
3. Invoicing: Invoices are due NET 45. Please note that tax and shipping are billed at the time of invoicing.
4. PO Funding: If the funds authorized in the Purchase Order are depleted, DCA will release a revised estimate for services, and will request additional funds to be added to the original Purchase Order to cover the remainder of the service period.
5. Renewal: At the end of the Term, the contract may be renewed. If renewal is requested, DCA will provide a revised services estimate based on a projection of services utilization within the requested term.
6. Expiration: If the contract is not renewed and it expires, any incurred charges during the period before expiration will be invoiced, and any services requested henceforth outside of the services agreement will be estimated and proposed upon request. Any proposed out of contract services would only proceed upon receipt of City of Richmond approval and issuance of a Purchase Order.
7. Default: If the payments are more than 30 days late, DCA reserves the right to cancel the agreement. Services performed when the account is in default will be charged and invoiced for payment, due upon receipt.
8. Reporting: DCA will generate a monthly report listing the charges against the agreement amount in that period.
9. Wait Time: Wait time due to facility inaccessibility is billable at the rate set for the incident.
10. Minimum Charge: Minimum Charge is 4 hours. DCA may waive minimum charge at our discretion, for example if our service technician is on the site already.
11. Trip Fee: DCA will charge a standard, flat fee for each visit that will cover all time, bridge tolls, parking and any other expense normally incurred in a service call unless our technicians/staff are already on site.
12. Regular Business Hours: Regular business hours are defined as non-holidays, Monday through Friday, from 8am to 5pm. Overtime: After-hours work, if performed, will be charged at Emergency rates.
Holiday Rate: 2x regular rate applies to routine or emergency rates. Holidays include New Year’s Eve and New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday after Thanksgiving, Christmas Eve and Christmas Day.
13. After-hours Support: DCA is not obligated to provide after-hours services under the agreement.
DCA may perform after-hours services if mutually agreed in advance between DCA and City of Richmond staff. After-hours services are charged at Emergency rates, unless otherwise mutually agreed in advance.
Service and Support 2023-2024 November 16, 2023
City of Richmond
14. Spare and Loaner Equipment: Spare equipment is not included in the program. Spare equipment can be purchased under a separate purchase agreement. Loaner equipment is not specifically included in the program. If loaner equipment is required, DCA will estimate the cost and provide the equipment only upon City of Richmond acceptance and issuance of a Purchase Order for said equipment and any related services.
15. Cancellations: Cancelled trips, if cancelled within 24 hours of the scheduled visit, will be billable at the rate set for the incident, and the trip fee will be charged.
16. Data back-up: Any data backup that is necessary for these systems is the responsibility of the City of Richmond support staff.
Service and Support 2023-2024 November 16, 2023
City of Richmond
6. ACCEPTANCE
The parties hereby accept the enclosed services proposal. The Service Program shall commence upon acceptance, and receipt of the associated City of Richmond Purchase Order.
City of Richmond
Authorized Signature
Name and Title
____________________
Date
David Carroll Associates Inc.
Authorized Signature
Name and Title
____________________
Date
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: 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 operations.
2. Insurance 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 its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’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.
___ 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.
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