CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________
4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.
5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F), which are attached hereto and incorporated herein.
10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.
11. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________
I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager ( set forth in Exhibit B) , perform the following services and be compensated as outlined below [or attach service plan if necessary]:
April 3, 2025
Craig K. Murray, SR/WA
Development Project Manager II
City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804-1630
Re: Scope and Budget for 2025/2026, 2026/2027, 2027/2028 Dear Mr. Murray:
This letter, prepared by RRM, Inc. (RRM) presents the scope and budget for fiscal years 2025/2026, 2026/2027, and 2027/2028.
FISCAL YEAR 2025/2026
The general scope of work for 2025/2026 includes semi-annual groundwater and soil gas monitoring and reporting for four (4) groundwater monitoring wells and six (6) soil gas wells. In addition, RRM proposes to conduct a five (5) day dual phase extraction pilot test to comply with requirements issued in San Francisco Bay Water Quality Control Board (SFRWQCB) staff letters dated June 7, 2024 and October 30, 2024. Tasks are outlined below.
Groundwater Monitoring
Pre-Field Preparation
RRM will verify sampling and analytical methods for the event, liaison with the lab to obtain proper sample containers, calibrate instruments, and begin preparation of the chain of custody. Site and regulatory notifications and review of the site health and safety plan will also occur.
Depth to Groundwater Measurement
Once groundwater monitoring wells are located and opened, the areas will be cleared for monitoring, a technician will measure depth to separate phase hydrocarbons and groundwater at all wells. Instruments will be cleaned via triple rinsed with Alconox® detergent between measurements.
Groundwater Sampling
At each groundwaterwell, groundwater will be purged using a submersible pump or clean disposable bailer and sample using a clean disposable bailer. The sample will be decanted into a proper container, labeled, and stored in cooler with ice for transport. The purge pump will be cleaned via triple rinsing with Alconox® detergent for use at next well. Purged groundwater will be stored on-site in appropriately marked 55-gallon drums for prompt pickup and disposal by a licensed disposal contractor as non- hazardous waste.
2560 SOQUEL AVENUE, SUITE 202 / SANTA CRUZ, CALIFORNIA 95062 / TEL: 831.475.8141 / FAX: 831.475.8249 Scope and Budget for 2025/2026, 2026/2027, 2027/2028
April 3, 2025 Page 2
After sampling, work areas will be restored, purge water storage will be secured, and chain of custody documentation for the groundwater samples will be completed.
Groundwater Sample Analysis
Samples will be transported to a State-Certified laboratory for analyses by U.S. Environmental Protection Agency (EPA) Method 8260B for the presence of gasoline range total petroleum hydrocarbons (TPHg); benzene, toluene, ethyl benzene, and xylenes (collectively BTEX); naphthalene; and methyl tertiary butyl ether (MtBE). Analysis will also include results for volatile organic compounds (VOCs) such as tetrachlorethylene (PCE). Groundwater samples will not be collected from Well MW-2. RRM will receive the certified analytical results and review against past data to assess data quality.
Estimated Cost
The estimated cost for two (2) semiannual groundwater monitoring events for fiscal year 2025/2026 Is $10,840.
Semi-Annual Soil Gas, Indoor Air, and Outdoor Air Monitoring After pre-field preparation for soil gas monitoring (similar to that for groundwater monitoring), a technician will purge and sample soil gas wells SG-10, SG-12, and SG-13and sub-slab wells SS-11, SS-12,and SS-13. One duplicate sample will be collected for quality control purposes.
Elght-hour duration Indoor air samples will be collected from the rooms where SS-12 and SS-13 are located; one outdoor air sample will be collected at a nearby off-Site location.
Soil gas samples will be contained in 1.4-liter Summa™ sample canisters and 6-liter Summa™ canisters will be used to purge wells. Clean canisters at vacuum pressures above 25 inches of mercury are supplied by the analytical laboratory.
Indoor and outdoor air samples will be collected using 6-liter Summa canisters equipped with a regulator that controls air intake over an 8-hour sampling period.
Clean sampling manifolds equipped with a critical oriflce, filter, canister vacuum pressure gauge,and a well vacuum pressure gauge will be used to collect soil gas and sub-slab samples. Leak detection will be accomplished using a helium-filled shroud that encompasses the canister manifold, canisters, helium meter, and wellhead.
After sample collection, samples will be labeled in the field and placed in a cooler with chain of custody documentation. Samples will be transported to a State-Certifled laboratory for analyses by USEPA Modified Method TO-15 (volatile organic compounds [VOCs]), USEPA Method TO-3 Modified (TPHg), and ASTM Modified D-1946 (fixed gases and helium). RRM will receive the certified analytical results and review against past data to assess data quality.
Cos(
The estimated cost for two (2) semiannual soil gas monitoring events for fiscal year 2025/2026 is $18,207.
proposal 2022.docx
Scope and Budget for 2025/2026, 2026/2027, 2027/2028
April 3,2025 Page 3
Semi-Annual Groundwater, Soil Gas, Indoor Air and Outdoor Air Monitoring Reporting For each semiannual groundwater and soil gas monitoring event, RRM will prepare a report documenting background information, groundwater and soil gas monitoring methods and results, data reduction, conclusions, and recommendations. Each report will include groundwater elevation and concentration maps, a soil gas concentration map, tabulated and graphical data summaries, field data sheets, and certified analytical reports. The reports will be uploaded to Geotracker along with electronic data files.
The estimated cost for semiannual groundwater and soil gas monitoring reporting for fiscal year 2025/2026 (two reports) is $22,478.
5-Day Dual Phase Extraction Pilot Test
As directed and approved by the SFRWQCB, we propose to conduct a five-day dual phase extraction (DPE) test to assess the potential for reducing petroleum hydrocarbon mass in soil and groundwater and reducing concentrations of benzene in groundwater at MW-3. The test will be conducted using wells MW-3 and MW-1 for extraction and wells MW-1, MW-3, MW-4, SG-10, SG-11, SG12, and SG-13 for influence monitoring.
A mobile high vacuum DPE unit and existing monitoring wells will be used to simultaneously remove contaminated soil vapor and entrained groundwater for the purposes of contaminant mass removal. This process will achieve drawdown of the water table and expose the saturated soil column to high vacuum air flow. DPE operations will be performed continuously for a period of 5 days and RRM personnel will be on-site daily to record operational data and adjust the system as needed.
Prior to testing, RRM will prepare and issue a notice to the Bay Area Air Quality Management District regarding the intention to conduct a pilot test and comply with soil vapor extraction discharge requirements. Extracted soil gas will be treated using granular activated carbon (GAC) prior to discharge to atmosphere.
RRM will supply a mobile DPE unit that includes a high-vacuum rotary screw pump, water separator, and granulated activated carbon unit for treatment of soil gas and water. Extracted groundwater will be discharged to the sanitary sewer under temporary permit.
Extraction wells will be tested to determine maximum airflow characteristics at various applied vacuums; and surrounding SVE wells, soil gas wells, and groundwater monitoring wells will be monitored for vacuum (radius of influence testing) using an airtight wellhead fitting connected to a Magnehelic Differential pressure gauge.
Soil vapor samples will be collected for laboratory analysis at the extraction wells and system influent and effluent. Influent, effluent, and well vapor samples will be analyzed forTPHg using Method TO-3 and volatile organic compounds (VOCs) using Method TO-15; and any other compounds required by the air discharge permit. Samples will be contained in 1-liter Tedlar airbags, labeled, logged onto chain-of- custody documents, and transported to a State-certified analytical laboratory. Observations and field measurements will be recorded on field data sheets.
proposal 2022.docx
Scope and Budget for 2025/2026, 2026/2027, 2027/2028
April 3, 2025 Page 4
GAC will be replaced, as needed, based on compliance airbag testing results. Spent GAC will be properly labeled, stored on-site and profiled for disposal following all Federal and State waste disposal guidelines.
Samples of the recovered groundwater will be collected as required by the City of Richmond temporary sanitary sewer discharge permit.
At the close of testing, the DPE unit wilt be removed from the site, the work area will be restored to pre- testing conditions, and any waste generated will be sampled for profiling and proper disposal.
All waste will be removed for proper disposal by a certified carrier. All disposal activities will be completed within 90 days of waste generation, and waste manifests and disposal documentation will be included in the semiannual groundwater and soil gas monitoring report.
The estimated cost for this one-time scope item is $26,000. 5-Day Dual Phase Extraction Pilot Test Report
RRM will prepare a report that includes discussions on test methods and equipment, results, data reduction, conclusions, and recommendations. The report will include relevant figures, tabulated and graphical data summaries, field data sheets, and certified analytical reports. The report will be uploaded to Geotracker along with electronic data files and submitted to the Bay Area Air Quality Management District (BAAQMD).
The estimated cost for the 5-Day Dual Phase Extraction Pilot Test Report is $9,821.
General Project Management and Consulting
This Includes budgeting, scheduling, liaison with the SFRWQCB and other stakeholders, project maintenance, and general consulting.
The estimated cost for annual project management and consulting is $11,160 for fiscal year 2025/2026.
FISCAL YEARS 2026/2027 AND 2027/2028
For fiscal years 2026/2027 and 2027/2028, the proposed scope of work will only include semiannual groundwater monitoring and sampling, semiannual soil gas sampling, semiannual reporting, and general project management and consulting. To estimate costs for fiscal years 2026/2027 and 2027/2028, we took the aforementioned services cost estimate for fiscal year 2025.2026 and accounted for an inflation rate of 2.5 percent for each fiscal year. The estimated cost of these services for fiscal year 2026/2027 is $64,252 and the estimated cost for fiscal year 2027/2028 is $65,858.
CLOSE
The total estimated cost for fiscal year 2025/2026 is $ $99,497. The total estimated cost for fiscal year 2026/2027 is $64,252 and the estimated cost for fiscal year 2027/2028 is $65,858. The scope of work for each was provided above along with the estimated costs. A summary of estimated costs and related details are provided in Attachment A.
proposal 2022.docx
Scope and Budget for 2025/2026, 2026/2027, 2027/2028
April 3,2025 ' Page 5
Should you have any questions or comments regarding the contents of this letter, please call me at (831)227-4898.
Sincerely,
RRM, Inc.
^
Robert Giattino
Vice President, CUE ^ ^^ *4 <r( ^ 44' 7-
^fa/2?- '^4^5Z-
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Attachments:
^6^'j
Attachment A Cost Estimate Details
:w\,^-^-
proposal 2022.docx
COST ESTIMATE SUMMARY AND DETAILS
Prq'ect: Project Budget Projection 2025/2026
Proj.No.
Task Order
Unit
Cost Units Total
Task 1 Semiannual Groundwater Monitoring MW-1 through MW-5 Task 2 Semiannual Soil Gas, Sub-Slab, Indoor Air, Outdoor Air Monitoring Task 3 Conduct 5-day DPE Test
Task 4 Prepare 5-Day DPE Test Report
Task 5 Semi-Annual Reporting
Task 6 Quarterly Project Management and Administration
$5,420
$9,103
$9,821
$11,239
$2,790
$10,840
$18,207
$26,991 1 $26,991
1 $9,821
$22,478
$11,160
Total $99,497
Task 1: pre-field, mob/demob, well guaging, well sampling, review&file records, liaison Task 2: pre-fidd, mob/demob, sub-slab, well, indoor air, outdoor air sampling, review&Rle records, liaison Task 3: pre-fieldfiJogistics, permitting, mob/demob, operate 5-day test treat soil gas and groundwater and discharge, review and file records, liaison (BAAQMD 5-day test notice, sanitary sewer permission, implementation and reporting) Task 4:5-day test report; data analysis, report narratives, tables, figures, stakeholder review and liaison, submittal Task 5: semiannual reporting, data analysis, report narratives, tables, figures, stakeholder review and liaison, submittal Task 6: General project management, administration and support, records maintenance, GeoTracker maintenance, planning, liaison three year prqeclton.xlsx
Task 1 Semiannual Groundwater Monitoring MW-1 through MW-S LABORS. EQUIPMENT
Current
0.00 1.00
16.00 0.00
0.00 0.00
0.00 0.00
2.00 2.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Total
0.00 Hrs
1.00 Hrs
18.00 Mrs
0.00 Hrs
0.00 Hrs
0.00 Hrs
0.00 Mrs
0.00 Mrs
2.00 Mrs
2.00 Hrs
0.00 Miles
0.00 Day
0.00 Day
0.00 Day
0.00 Day
0.00 Each
0.00 Each
0.00 Each
Description
Principal
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Electric submersible purge pump
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Baller
55-gat Drum
Small Matenats
RateTotalTo Date Previous
$222
$185
$160
$160
$160
$133
$133
$106
$97
$85
$0.75
$60
$25
$40
$40
$15
$80
$40
$0
$185
$2,560
$0
$0
$0
$0
$0
$194
$170
$0
$0
$0
$0
$0
$0
$0
$0
$0
$185
$2,560
$0
$0
$0
$0
$0
$194
$170
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
5.00 5.00 Each
1.00 1.00 Each
1.00 1.00 Each
SUBCONT. & MATERIALS (10 % markup)
EPA 8260
Grouncfwater Samplng - Blaine
Lab Waste Fee
$120
$1,500
$1
Total
$660
$1,650
$1
$5,420
$660
$1,650
$1
$5,420
$0
$0
_$0
$0
three year prqectbn.xisx
Task 2 Semiannual Soil Gas, Sub-Stab, Indoor Air, Outdoor Air Monitoring
LABORS EQUIPMENT
Current Tota! DescriptionTotal
0.00 2.00
16.00 0.00
0.00 3.00
0.00 0.00
0.00 5,00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
9.00 6.00
6.00 3.00
1.00 1.00
0.00 0.00 Mrs
2.00 Hrs
16.00 Hrs
0.00 Mrs
0.00 Hrs
3.00 Mrs
0.00 Hrs
0.00 Mrs
0.00 Mrs
5.00 Mrs
0.00 Miles
0.00 Day
0.00 Day
0.00 Day
0.00 Day
0.00 Each
0.00 Each
0.00 Day
9.00 Each
6.00 Each
6.00 Each
3.00 Each
1.00 Each
1.00 Each
0.00 Each
Princl
Senior Professiorial
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Smal! Equipment
PID/OVA
Water Level Indicator
Soil Gas Purge Pump
Soil Gas Sample Manafdd
TracerKitw/helium
differential pressure instrument
SUBCONT. & MATERIALS (10% markup)
EPATO-15
ASTM 1946
1.4Lcanlser
6 L canister
Soil Gas Samplng - Blaine
lab disposal fee, geotracker
Item
$222
$185
$160
$160
$160
$133
$133
$106
$97
$S5
$0.75
$100
$25
$40
$40
$225
$80
$0
$370
$2,560
$0
$0
$399
$0
$0
$0
$425
$0
$0
$0
$0
$0
$0
$0
$0
$0
$370
$2,560
$0
$0
$399
$0
$0
?
$425
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$237
$75
$25
$25
$2.000
$55
$25
Total
$2,346
$495
$165
$83
$2,200
$61
$0
$9.103
$2,346
$495
$165
$83
$2.200
$61
_$0_
$9.103
$0
$0
$0
$0
$0
$0
$0
$0
three year proJsctbn.Ktsx
Task 3 Conduct 5-day DPE Test
rrent
0.00 10.00
24.00 0.00
0.00 0.00
0.00 0.00
2.00 2.00
168.00
0.00 0.00
0.00 0.00
5.00 3.00
5.00 0.00
0.00 0.00
Total
0.00 Mrs
10.00 Mrs
24.00 Hrs
0.00 Hrs
0.00 Mrs
0.00 Hrs
0.00 Mrs
0.00 Mrs
2.00 Hrs
2.00 Mrs
168.00 Miles
0.00 Day
0.00 Day
0.00 Day
0.00 Day
5.00 Day
3.00 Each
5.00 Each
0.00 Each
0.00 Each
0.00 Day
LABORS EQUIPMENT
Description
Principal
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Fieid Technician
DraBer
Clerical
Support Truck
PID/OVA
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Mobile Dual Phase Extraction Servide
55-gal Drum
Small Materials
Soil Gas Sampfe Manafdd
Tracer Kit w/helium
differential pressure instrument
Total
$222
$185
$160
$160
$160
$133
$133
$106
$97
$85
$0.75
$60
$25
$40
$40
$3,000
$ao
$40
$225
$80
$80
$1,850
$3,840
$0
$0
$0
$0
$0
$194
$170
$126
$0
10 $1,850
$3,840
$0
$0
$0
$0
$0
$194
$170
$126
$0
$15,000 $15,000
$240 $240
$200 $200
$0 $0
$0 $0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
0.00 9.00
1000.00
9.00 3.00
3.00 0.00
0.00 Job
9.00 Each
1000.00 gallon
9.00 Each
3.00 Each
3.00 Each
0.00 Job
SUBCONT. & MATERIALS (10% markup)
Sanitary Sewser Discharge Permit
EPA TO-15
GAC water treatment
1.4Lcaniser
EPA 8260 - treated water
lab djspQsaf fee, geotracker
Item
$2.500
$237
$2
$25
$120
$55
$25
$0 $0
$2,346 $2,346
$2,200 $2,200
$248 $248
$396 $396
$182 $182
$0 $0
$0
$0
$0
_$0_
Total$26,991 $26,991
three year prcijecti
Task 4 Prepare 5-DayDPE Test Report
•ent
0.00 12.00
0.00 40.00
0.00 0.00
0.00 0.00
8.00 5.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Total
0.00 Mrs
12.00 Mrs
0.00 Mrs
40.00 Hrs
0.00 Mrs
0.00 Mrs
0.00 Hrs
0.00 Mrs
8.00 Hrs
5.00 Mrs
0.00 Miles
0.00 Day
0.00 Day
0.00 Day
0.00 Day
0.00 Day
0.00 Each
0.00 Each
0.00 Each
0.00 Each
0.00 Day
0.00 Each
LABORS EQUIPMENT
Description
Pri nd pat
Senior ProfessEonai
Project Geologist
Project Engineer
Project Hydrogedogist
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Small Equipment
PID/OVA
Water Level Indicator
Hydac/Cond/pHn'emp
DO meter
Disposable Baiier
55-gal Drum
Tedfar Bag
SUBCONT. & MATERIALS (10% markup)
Well materials
Concrete Core
Waste Disposal
Total To Date Previous
$222
$185
$160
$160
$160
$133
$133
$106
$97
$85
$0.75
$80
$25
$40
$40
$15
$80
$30
$0
$2.220
$0
$6,400
$0
$0
$0
$0
$776
$425
$0
$0
$0
$0
$0
$0
$0
$0
$0
$2.220
$0
$6,400
$0
$0
$0
$0
$776
$425
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$200
$300
$0 $0
$0 $0
$0 $0
$0
J0_
$9,821 $9,821$0
three year prqfectton.xisx
Task 5 Semi-Annual Reporting
rent
2.00 10.00
40.00 0.00
0.00 5.00
0.00 0.00
15.00 5.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Total
2.00 Mrs
10.00 Mrs
40.00 Mrs
0.00 Hrs
0.00 Mrs
5.00 Hrs
0.00 Mrs
0.00 Mrs
15.00 Mrs
5.00 Hrs
0.00 Miles
0.00 Day
0.00 Day
0.00 Day
0.00 Day
0.00 Each
0.00 Each
0.00 Each
0.00 Each
0.00 Each
0.00 Each
0.00 Each
0.00 Each
0.00 Each
0.00 Job
0.00 Job
LABOR & EQUIPMENT
Description
Principal
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeoiogist
Staff Geologist
Staff Engineer
Field Technician
Drafler
Clerical
Support Truck
Small Equipment
PID/OVA
Water Level Indicator
Hydac/Cond/pH/Temp
Small Materials
Soil Gas Sample Manafold
TracerKUw/hefium
Tedlar Bag
SUBCONT. & MATERIALS (10% markup)
Item
Item
Item
Item
Item
Item
Item
RateTo Date Previous
$222
$185
$160
$160
$160
$133
$133
$106
$97
$85
$0.75
$80
$60
$2S
$40
$40
$225
$80
$30
$444
11,850
$6,400
$0
$0
$665
$0
$0
$1,455
$425
$0
$0
$0
$0
$0
$0
$0
$0
$0
$444
$1.850
$6.400
$0
$0
$665
$0
$0
$1,455
$425
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$25
$25
$26
$25
$25
$25
$25
dial
$0
$0
$0
$0
$0
$0
_SO_
$11,239
$0
$0
$0
$0
$0
$0
_$0_
$11,239
$0
$0
$0
$0
$0
$0
$0
$0
three year pTOfectton.xtex6 of 8
Fask 6 Quarterly Project Management and Administration
LABORS EQUIPMENT
Current Total DescriptionTotalTo Date Previous
0.00 3.00
6.00 0.00
0.00 0.00
0.00 0.00
0.00 15.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 Hrs
3.00 Hrs
6.00 Mrs
0.00 Hrs
0.00 Mrs
0.00 Mrs
0.00 Mrs
0.00 Hrs
0.00 Mrs
15.00 Mrs
0.00 Miles
0.00 Day
0.00 Day
0.00 Day
0.00 Day
0.00 Day
0.00 Each
0.00 Each
0.00 Day
0.00 Job
Principal
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Fieid Technician
Drafter
Clerical
Support Truck
Small Equipment
PID/OVA
Water Level Indicator
Hydac/Cond/pH/Temp
DO meter
Disposable Bailer
55-gat Drum
SUBCONT. & MATERIALS (10% markup)
item
Item
$222
$185
$160
$160
$160
$133
$133
$106
$97
$85
$0.75
$80
$60
$25
$40
$40
$15
$0
$555
$960
$0
$0
$0
$0
SO
$0
$1,275
$0
$0
$0
$0
$0
$0
$0
$0
$555
$960
$0
$0
$0
$0
$0
$0
$1,275
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$80
$25
$25
$0
$0
$0
$0
$2,790 $2,790
three year prpjsctton.xtsx
Task?#REF!
rent
5.00 0.00
80.00 0.00
0.00 0.00
40.00 0.00
16.00 5.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0,00
Total
6.00 Mrs
0.00 Mrs
80.00 Hrs
0.00 Hrs
0.00 Mrs
0.00 Hrs
40.00 Hrs
0.00 Hrs
16.00 Mrs
5.00 Mrs
0.00 Miles
0.00 Day
0.00 Day
0.00 Day
0.00 Day
0.00 Day
0.00 Each
0.00 Each
0.00 Each
0.00 Each
0.00 Each
0.00 Each
0.00 Job
LABOR & EQUIPMENT
Description
Principal
Senior Professional
Project Geologist
Project Engineer
Project Hydrogeologist
Staff Geologist
Staff Engineer
Field Technician
Drafter
Clerical
Support Truck
Small Equipment
PID/OVA
Water Level Indicator
Hydac/Cand/pH/Temp
DO meter
Disposable Bailer
55-gaj Drum
Tedlar Bag
SUBCONT. & MATERIALS (10% markup)
Item
Item
Item
Item
RateThis Period To Date Previous
$222
$185
$160
$160
$160
$133
$133
$106
$97
$85
$0.65
$25
$100
$25
$40
$40
$12
$65
$25
$1,110
$0
$12.800
$0
$0
-to
$5.320
$0
$1,552
$425
$0
.„ $0
< $0
$0
$0
$0
$0
$0
$0
$1,110
$0
$12,800
$0
$0
so
$5,320
$0
$1,552
$425
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$1
$1_$0_
$0
$0
$0
$0
$0
$21,207 $21,207
three year project ion. xEsx
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, 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.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.
2. SUBMISSION OF INVOICES:
Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:
Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804
3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. 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.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.
4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT D
GENERAL CONDITIONS
1. INDEPENDENT PARTIES:
Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.
The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.
2. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Contract.
3. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
5. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.
6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.
d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.
7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
8. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.
The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. 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 Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
10. CONFLICT OF INTEREST:
Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.
b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).
12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.
The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.
Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.
Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. INSURANCE:
Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,
2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.
d. Contractor acknowledges 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.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. CONFLICTING PROVISIONS:
In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
18. FORCE MAJEURE:
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, 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.
19. CONFLICT OF LAW:
This Contract shall be interpreted under, and enforced by the laws of the State of Contract No: ________ For the Contract between the City of Richmond and
_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. 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.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is be provided to the City as part of this Contract, Contractor warrants as follows: 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 contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract 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 Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. AUTHORITY:
City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.
25. WAIVER:
The waiver by City of any breach of any term or provision of this Contract 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 payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; 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 Contract.
26. COUNTERPARTS:
This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from 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 Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT F
INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.
1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.
Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.
Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in 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 CHY, 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 subrogatlon which any such insurer of said CONTRACTOR may acquire against the CIT/ 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 subrogatlon 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 resen/es 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
Workers' Compensation and
Employers' Liability
Minimum Limits
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; htto://www.ci.richmond.ca.us/index.asDX?nid=61.
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Revised: September 2011
. Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
General Liability
(primary and excess limits
combined)
Automobile Liability
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.)
Contractor's Pollution Liability (If
applicable)
Protects against:
unexpected/unlntended 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,
PROJECT COST
$0 - $5 million
$5 million - $10 million
Over $10 million
Fireworks
REQUIRED LIMXT
$2 million p/o
$5 million p/o
$10 million p/o
$5 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for.
XCU perils (explosion, collapse, or damage to underground property).
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.
$1,000,000 per occurrence for bodily injury and property damage.
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 gny 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 shajl_wajyeall_ rights of_sybro^atiqn^a Same limits as General Liability.
Required Policy Conditions
A. M, Best RatingA: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 EndorsementApplicable 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 an 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.
JSO 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.
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Revised: September 2011
Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Additional Insured Endorsement
(continued)
'
Primary and Noncontributory
Waiver of Subrogation
Endorsement Form
Deducfcibles and Self-Insured
Retentions
Loss Payable Endorsement (only
required when Builder's Risk
and/or Course of Construction
Insurance is required.)
SURETY BONDS
(If a Public Works/Engineering
Project)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.asDX?nid=61
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,
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
httD://www.ci.richmond.ca.us/index.aspx?nid=61
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,
Applicable to Builder's Risk/Course of Construction naming the City of Richmond as Loss Payee.
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 musfc 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.
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Revised: September 2011
Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
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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Revised: September 2011
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (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 Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide 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 ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
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 time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure 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 with 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 foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity: