CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Ma nager:
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 an d 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. Paragra
ph 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 f
ollowing tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
7665 REDWOOD BLVD, SUITE 200 | NOVATO, CA 94945 | WWW.NV5.COM | OFFICE 415.899.1600 October 13, 2023
644.016.02.P01
Successor Agency to the
Richmond Community Redevelopment Agency
Attention: Ms. Lina Velasco
440 Civic Center Plaza, Second Floor
Richmond, California 94804
PROPOSED SCOPE OF WORK AND FEE ESTIMATE
SOIL VAPOR ASSESSMENT
MIRAFLORES HOUSING DEVELOPMENT
SOUTH 47
TH AND WALL AVENUE
RICHMOND, CALIFORNIA
Dear Ms. Velasco:
PES Environmental, Inc. (PES) dba NV5 (NV5) is pleased to present the Successor Agency to the Richmond Community Redevelopment Agency (Successor Agency) this proposed scope of work and fee estimate for environmental consultation services related for the Miraflores Housing Development property located in Richmond, California (site). This proposal was requested by you in electronic correspondence with Kyle Flory of NV5 dated October 3, 2023, and is based on anticipation of environmental activities to be conducted for fiscal year 2023/2024. The site is currently overseen by the California Environmental Protection Agency (EPA), Department of Toxic Substances Control (DTSC).
This proposal provides a scope of work and fee estimate for conducting soil vapor probe installation and two rounds of soil vapor sampling and associated reporting, as well as general environmental consultation.
Ms. Lina Velasco
October 13, 2023
64401602P001.docx
BACKGROUND
As you know, an approved Remedial Action Plan (RAP)
1, in conjunction with remedial
procedures described in the Remedial Design and Implementation Plan2 (RDIP), and Results of Carey Parcel Investigation and Supplemental Soil Sampling (Carey Report)3, was implemented for the remediation of site-sourced contaminants between November 2013 and August 2014.
A Remedial Action Implementation Report (RAIR)4, documenting the completion of approved remedial activities presented in the RAP, RDIP, and Carey Report was subsequently approved by DTSC on June 23, 2015.
On June 26, 2015, the Voluntary Cleanup Agreement (VCA) was amended to include DTSC-required Operation and Maintenance (O&M) activities and to list the Agency as the sole proponent of the VCA.
On June 29, 2015, DTSC issued a Polanco Redevelopment Act Site Certificate 5, approving
completion of remedial activities at the Site and confirming that the site was appropriate for unrestricted residential use.
The site was subsequently sold in 2018 to the Miraflores Community Devco, LLC (Devco), and Devco subsequently proceeded with the planning and entitlement activities for residential redevelopment of the site, known as the Miraflores Residential Development, consisting of a total of 22 new, detached multiplex, multi-story residential buildings containing 190 residential units across the 8.17 acre site, and new or upgraded utilities, streets, sidewalks, as well as the relocation of historic structures. We understand Devco has recently filed for Chapter 11 bankruptcy.
On- and off-site investigations performed previously by PES and others indicated that chlorinated volatile organic compounds (CVOCs), including tetrachloroethylene (PCE), were identified in groundwater and soil vapor beneath the site; however, the on- and off-site data and historical site information indicate the source of CVOCs to be from upgradient, off-site location(s) with respect to the direction of groundwater flow
6. NV5 understands that DTSC is
1 PES, 2009. Remedial Action Plan, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. December 29.
2 PES, 2011. Remedial Design and Implementation Plan, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. March 1.
3 PES, 2014. Results of Carey Parcel Investigation and Supplemental Soil Sampling, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. February 13. 4 PES, 2015. Remedial Action Implementation Report, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. June 18.
5 DTSC, 2015. Site Certification, Implementation of Remedial Action Plan, Miraflores Housing Development Site, South 47th Street and Wall Avenue, Richmond, Contra Costa County (Site Code 201586). June 29. 6 DTSC, 2022. Docket No. HAS-FY21/22-101, Imminent and Substantial Endangerment Determination Amendment: MacDonald-San Pablo-Wall-45th Plume Site, El Cerrito and Richmond, California 94804.
March 17.
Ms. Lina Velasco
October 13, 2023
64401602P001.docx
currently requiring off-site Responsible Parties at upgradient locations7 from the subject site to conduct subsurface investigations related to potential impacts to upgradient groundwater (i.e., the likely origins of the contaminated groundwater beneath the subject site).
As you are aware, DTSC issued a letter to the City of Richmond on September 18, 2020 noting the presence of CVOCs in groundwater, and further noting that, prior to redevelopment, soil vapor data collection (e.g., by or on behalf of the project proponent/developer) was warranted in order to assess the potential for vapor intrusion concerns at the proposed residential buildings. As noted above, NV5 understands that Devco declared bankruptcy, and a new development proponent has not been identified at this time.
PROPOSED SCOPE OF WORK
To provide current soil vapor data facilitating a screening of the potential for vapor intrusion (VI) at the proposed Miraflores Residential Development, the scope of work proposed below includes preparation of a Work Plan for submittal to DTSC that will propose installation of permanent multi-depth soil vapor probes at 22 locations, and conducting two rounds of soil vapor sampling. The number and locations of the soil vapor probes are based on the development plans prepared by Devco.
NV5 further anticipates providing continuing environmental consultation services to the Successor Agency for the Miraflores Housing Development site related to submittal and implementation of the proposed Work Plan, as well as other environmental issues that may be raised by DTSC.
The proposed scope of work is further described below.
Task 1 – Prepare Work Plan for Soil Vapor Assessment
NV5 will prepare a work plan for on-site soil vapor probe installation, sampling and evaluation. The work plan will describe the methods and procedures for the installation and sampling of the soil vapor probes - including sample types (e.g., soil gas samples), proposed number and locations, sample collection equipment, sampling depth, detailed sample collection procedures, and laboratory analytical method. The objectives of the proposed scope of work will be to provide analytical data towards assessment of VOCs in soil vapor and conduct an evaluation of the potential human health-risk from vapor intrusion concerns. Soil vapor probe locations will be within the footprint of the proposed project building locations. A draft work plan will be submitted to you for review and approval prior to submittal to DTSC.
7 Including the Omo Fabricare Dry Cleaners (EnviroStor ID 60001434), and Former Montgomery Wards (EnviroStor ID 60001432) sites.
Ms. Lina Velasco
October 13, 2023
64401602P001.docx
Task 2 – Soil Vapor Assessment
The activities noted below will be conducted as part of the proposed soil vapor assessment.
Task 2a - Field Preparation and Planning Activities
Prior to conducting vapor probe installation activities, NV5 will: (1) obtain vapor probe installation permits; (2) coordinate with the Successor Agency as needed for site access; (3) mark for Underground Service Alert (USA); and (4) retain qualified subcontractors, including a private utility locator, a California-licensed well driller to perform the vapor probe installations, and a stationary State of California-certified analytical laboratory for sampling media and analysis of samples.
Task 2b – Soil Vapor Monitoring Probe Installation, Two Rounds of Sampling (Cold and Warm Season Events), Investigation-Derived Waste Removal, and Associated Reporting
Consistent with the methods and procedures to be presented in the Work Plan (Task 1), NV5 will conduct the installation and sampling of nested, multi-depth soil vapor probes at 22 locations. Each location will consist of two soil vapor probes, with vapor inlets installed at approximately 6 and 11 feet below ground surface (bgs), for a total of 44 soil vapor probes, to be installed in accordance with the soil vapor probe installation and sampling methodologies presented in the Work Plan.
Based on the historical depth to groundwater (under confining conditions), sampling of soil vapor probes constructed at 15 feet bgs will not be successful (e.g., groundwater will be present and/or intrude into vapor probes constructed at that depth), and therefore a shallower probe intake depth is recommended. Additionally, based on previous investigations identifying the predominant presence of low-permeability conditions at the site (i.e., within the unsaturated vadose zone), it is anticipated that, consistent with the Advisory – Active Soil Gas Investigations (Advisory; published by the Department of Toxic Substances Control, the Regional Water Quality Control Board, Los Angeles Region and the RWQCB dated July 20158), vapor probe installation will be conducted in two drilling phases: (1) a continuously-cored pilot hole will be advanced using direct-push drilling technology to permit detailed lithologic logging of subsurface conditions; and (2) after evaluation of subsurface conditions at each location a large- diameter borehole (e.g., approximately 6-inch diameter) will be advanced prior to construction of the vapor probes in general accordance with procedures presented in Appendix D of the Advisory. Drilling, field screening, lithologic logging, and sample collection will be directed by a site geologist under the supervision of a State of California Professional Geologist or Engineer.
Drilling services will be performed by a licensed drilling contractor possessing a valid well drillers license (C-57) issued by the State of California. Steel standpipes will be installed by the drilling contractor at each location to protect the soil vapor probes.
8 California Environmental Protection Agency Department of Toxic Substances Control (DTSC), 2015. Advisory – Active Soil Gas Investigations. July.
Ms. Lina Velasco
October 13, 2023
64401602P001.docx
A total of two rounds of soil vapor sampling activities will be conducted (in accordance with the Work Plan, as well as procedures outlined in the Advisory). One soil vapor sampling event will be conducted to qualify as a “warm weather” seasonal event, and one will be conducted as a “cold weather” seasonal event.
Following completion of soil vapor sampling, the samples will be transported under chain-of-custody protocol to a stationary State of California-certified analytical laboratory and samples for the project laboratory list of VOCs using U.S. EPA Test Method TO-15, and helium, methane, oxygen, and carbon dioxide using ASTM Test Method D1946 under standard turn-around time.
The results of the first round of soil vapor sampling will be tabulated and presented graphically for submittal to DTSC. Following receipt of the laboratory analytical results from the second planned soil vapor sampling event, NV5 will compile the data and prepare a written report which will include tabulated data, plates, lithologic logs and soil vapor probe construction diagrams, permits, and copies of laboratory analytical reports. A draft version of the report will be provided to you for review and comment. Once comments to the report are addressed, the draft report will be submitted to DTSC in electronic format. NV5 anticipates one round of comments or edits from DTSC will be addressed prior to finalization and submittal.
Included in this proposal is the disposal of investigation-derived waste (IDW) generated during the soil vapor probe installation activities. NV5 will collect representative samples of soil cuttings and decontamination rinsate, and laboratory analyses will be used for the profiling and disposal of the IDW. We have assumed the IDW will be classified as non-hazardous waste and can be disposed at a non-hazardous landfill and/or recycling facility. This task includes the labor for NV5 staff to coordinate with the sampling contractor for removal and off-site disposal and/or recycling of the IDW media.
Task 3 - General Environmental Consultation
The anticipated scope of work for the general environmental consultation services to be conducted as part of the proposed scope of work herein includes:
• Preparing correspondence to DTSC regarding responses to submittals; and • Preparing for and participating in meetings with Successor Agency staff and counsel, and DTSC, as requested.
Ms. Lina Velasco
October 13, 2023
64401602P001.docx
ESTIMATED FEE
The following is the estimated fee to perform the work tasks identified in the scope of work described above:
Task 1 – Prepare Work Pl an for Soil Vapor Assessment
NV5 Labor $7,600
Task 2 – Soil Vapor Assessment
Task 2a – Field Preparation and Planning Activities
NV5 Labor $3,900
Utility Location Subcontractor 1,200
CCCHSD Vapor Probe Permits 3,800
Subtotal: $8,900
Task 2b – Soil Vapor Monitoring Probe Installation, Two Rounds of Sampling (Cold and Warm Season Events), Investigation-Derived Waste Removal, and Associated Reporting
NV5 Labor and Equipment $50,700
Soil Vapor Probe (Drilling) Subcontractor 41,200
Laboratory Analytical Fees 46,500
Disposal of Investigation Derived Waste (Estimated) 3,900 Subtotal: $142,300
Task 1 and 2 Total $158,800
Task 3 – General Environmental Consultation
NV5 Labor $7,500
Project Total $166,300
NV5 proposes to perform the services described as Tasks 1 and 2, above, on a time and materials basis for an estimated fee of $158,800. The fee estimate to perform Task 1 through 3 described above is $166,300, which NV5 would perform on a time and materials basis.
NV5 assumptions include: (1) vapor probe installation will require five days of field work to complete; (2) eleven (11) 55-gallon drums will be disposed off-site as non-hazardous waste.
Costs were estimated based on NV5’s current Schedule of Charges (see attached). This estimate will not be exceeded without the Successor Agency’s authorization, and a material change in the scope of work. NV5 will perform the proposed scope of work under the terms of the Successor Agency’s Purchase of Services Contract, which we understand will be provided by the Successor Agency.
Ms. Lina Velasco
October 13, 2023
64401602P001.docx
We appreciate the opportunity to be of continued service to the Successor Agency and trust this is the information you require at this time. If you have any questions, please contact Kyle Flory or Chris Baldassari.
Yours very truly,
NV5
Christopher J. Baldassari, P.G.
Associate Geologist
Kyle S. Flory, P.G.
Principal Geologist
Attachment: Schedule of Charges
7665 REDWOOD BLVD, SUITE 200 | NOVATO, CA 94945 | WWW.NV5.COM | OFFICE 415.899.1600
SCHEDULE OF CHARGES
The following fee schedule applies to all Services provided by NV5. This schedule is effective January 3, 2023.
Titles are generic and no distinction is made be tween engineers, geologists, hydrogeologists, or other professions.
Professional Title
Vice President $365 per hour
Principal Professionals $240-275 per hour
Associate Professionals $215-225 per hour
Senior Professionals $200 per hour
Project Professionals $175 per hour
Senior Staff Professionals $150 per hour
Staff Professionals $140 per hour
Sr. CADD Operators $135 per hour
CADD Operators $120 per hour
Technician $75-90 per hour
Word Processing & Clerical Support $90 per hour
These rates are evaluated on an annual basis and may be subject to an increase to reflect the then current rates.
Fee schedules for field/safety equipment and fleet vehicles provided by NV5 are submitted or included with project or contract-specific cost estimates. Costs for routin e office phone calls, conferencing, standard postage, and photocopying will be covered by a 4 percent communication surcharge on labor. Fees for expendable supplies, rented or leased equipment, and/or subcontractors retained by NV5 for a project or contract are billed at a rate of cost plus 15 percent. This charge includes insurance costs, business taxes, administrative fees, processing fees, and carrying costs. On projects that require substantial subcontractor costs, NV5 may invoice all, or a portion of, subcontractors’ fees prior to performing the work. Travel time will be charged at regular hourly rates, not to exceed 8 hours per day. Rates for or associated with expert testimony will be increased by 50 percent.
Invoices are payable upon presentation and are past due 60 days from the submittal date. A finance fee will be charged for past due accounts at the rate of 1-1/2 percent per invoice per month, or at the maximum amount allowed by law.
(__________/__________)
initial date
SCHEDULE OF CHARGES 2023.docx
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):
Increa sed 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):
Increa sed 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 Coun cil of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increa
sed 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):
Increa sed 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):
Increa sed 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 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), 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 coverage, 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), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement 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 insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
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.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. 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.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
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 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. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
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 Insurance 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.
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.
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 coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
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.
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 Manger. 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.