CITY OF RICHMONDSTANDARD CONTRACTDepartment: 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 , 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. Citytotal payments to Contractor under this Contract shall not exceed$______________unless a Contract Amendment has beenapproved 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 theoriginal 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 agrees to perform all work at its own cost and expense,to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordancewith 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 PaymentProvisions set forth in Exhibit B, attached hereto and incorporated herein.
FIRE Michael [email protected](510) 620-69899776Provide repair services and maintenance to drive-on/drive-off boat lift.Jet Dock Systems, Inc.9601 Corporate CircleCleveland, Ohio 44125Pete Nuti(216) 525-7233 [email protected]>Ohio CorporationJanuary 1, 2026January 1, 2029100,000.0025-26 60,000.0026-27 20,000.0027-28 20,000.00
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 CouncilTreasurer, or Secretary or Assistant Secretary shouldor the City Manager. sign below)By: _________________________ By: ___________________________City Clerk Title: __________________________Date Signed: ____________________Approved as to form:(NOTE: Pursuant to California Corporations Code SectionBy: _________________________313, if Contractor is a corporation or nonprofit organization,City Attorneythis Contract (1) must be signedby (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 APayment Provisions Exhibit BAuthorized Representatives and Notices Exhibit CGeneral Conditions Exhibit DSpecial Conditions Exhibit EInsurance Provisions Exhibit FSanctuary City Compliance Statement Exhibit G Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT ASERVICE PLANContractor 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]:
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QUOTE for Richmond Fire DeptOrderID 11/22/25 6:22:14 PM From Systems, Inc. Mailing: Richmond Fire Dept Shipping: Richmond Fire Dept Pete Nuti 9601 Corporate Circle Cleveland, OH 44125 Ph: 216.525.7233 [email protected] Mike Velazquez Mike Velazquez 440 Civic Center Plaza Suite 200, 1340 Marina Way S Richmond, CA 94804 Richmond , CA, 94804 Home: Site: (510) 685-8335 1 877 GSA DOCK GSA Contract - 47QSWA24D000G Work: (925) 408-6449 Cell: (510) 685-8335 Wk Fax: E-Mail: [email protected] Description Item Code Qty MA Price Sell Price Total CUBE -LARGE (BLACK) - REPLACEMENT MODULES C000000001 12 1 $135.00 $114.26 $1,371.12 CUBE -SMALL (BLACK) - REPLACEMENT MODULES C000000002 6 1 $135.00 $114.26 $685.56 BOAT CLASS WINCH w/HANDLE, COVER, LINE & MTG HARDWARE A000000412 1 0 $198.99 $168.41 $168.41 POWERHEAD - 2 HO MOTOR - 2 VALVE - 110v - 30amp K00000068155 1 $2,350.00 $2,162.00 $2,162.00 12MA -PGB - 8 - 36" PONTOON - ANODES BOTH SIDE OF BEAM K000000884 2 0 $2,376.00 $2,118.65 $4,237.30 12MA -SSB - 8 - 36" PONTOON - ANODES BOTH SIDE OF BEAM K000000883 4 0 $1,520.00 $1,355.36 $5,421.44 PSAP -ALUM BEAM HRDWR KIT (4 - 12.5" & 2 - 14" CONNECTION) A0000009128 6 0 $166.95 $148.87 $893.22 FASTENER - 4 TAB SPECIAL - STRB BEAM - OPEN MARKET K000000104 36 0 $16.50 $12.04 $433.44 FASTENER - TUCK POINT - (NUT & BOLT ASSEMBLY) - OPEN MARKET K000000102 6 $16.50 $12.04 $72.24 INNER BUNK HARDWARE SET - PSAP DOCK A0000009061 2 0 $41.37 $36.89 $73.78 PSAP -PONTOON STRAPS & HARDWARE - LIFTING EYES (36") A0000009611 1 0 $1,091.42 $973.20 $973.20 PSAP & RBC - 40' LONG EXTERIOR HOSE K000000233 2 $167.64 $149.48 $298.96 POWERHEAD - HO MOTOR 110v K0000006525 2 $250.00 $230.00 $460.00 PSAP -ICS - 53.50" (+0.00/-0.125") - 3ma K000000895 6 0 $242.00 $215.79 $1,294.74 PSAP -ICS - 34" (+0.00/-0.125") - 2ma K000000894 2 0 $181.50 $161.84 $323.68 PSAP -ICS - 17" - 1ma K000000892 2 0 $95.70 $85.33 $170.66 PSAP -DIRECT SUPPORT SYSTEM (FOR ONE BEAM SEAM) A000000970 6 0 $20.58 $18.35 $110.10 DELUXE FENDER MOORING SYSTEM - 2 FENDERS w/4 LINE KITS A000000207 2 0 $495.00 $369.07 $738.14 SITE EXECUTION - REMOVE/DISASSEMBLE/REHAB/REASSEBLE/LAUNCH/MOOR/TRAINING - OPEN MARKET A0000OH560 1 0 $14,272.50 $14,272.50 $14,272.50 PROJECT EXECUTION - ADMISTRATIVE/LEGAL/R&D/ENGINEERING/MANUFACTURING/PROJECT MANGEMENT - OPEN MARKET A0000OH561 1 0 $2,711.50 $2,711.50 $2,711.50 FORKLIFT - RENTAL - OPEN MARKET TMP00000041 1 0 $1,850.00 $1,850.00 $1,850.00 DUMPSTER - RENTAL (AT CUSTOMER SITE) - OPEN MARKET TMP00000042 1 0 $1,575.00 $1,575.00 $1,575.00 ANODE -(SALT AND BRACKISH WATER) - 2.84" (2 discs w/ hrdwr) C000000230 12 0 $19.97 $14.89 $178.68 SACRIFICIAL ANODES REQ'D ON BEAM. WRRTY VOID IF NOT MAINTAIN - OPEN MARKET C0000002303 1 $0.00 $0.00 $0.00 Total MA 18 TOTAL CHARGES $40,475.67 TOTAL ADJUSTMENTS $0.00 SUB TOTAL $40,475.67 0.00% TAX $0.00 0.00% SURTAX $0.00 SHIPPING & HANDLING $7,250.00 FINAL TOTAL $47,725.67 LESS DEPOSIT $0.00 BALANCE $47,725.67 Payment Options Card Holder: Credit Card Type: Purchase Order Card Number: Expiration Date: Pin Code: Billing Address: Same as Shipping to the Invoice and Terms and Conditions. I authorize any outstanding balance to be billed to my credit card. Signature: Date: JET DOCK Sales Advisor: Pete Nuti Origin: Ohio Freight Carrier: Dedicated Carrier JET DOCK Promotional Source: Existing Customer Delivery Method: Install IBF: $0.00 Contact Create Date: 1/28/2015 2:19:42 PM Ship/Pick-up Date: 6-8 Weeks from Production Contact Sol. Cust. ID: RIC149 Quote ID : 39459 Install Date Range: - (Where practical by JDSI) Notes to Accounting: PURCHASE ORDER - NET 45 FROM COMPLETION Notes to Production: SITE SURVEY FOR DOCK OPERATION PARTIALY REVIEWED WHILE REVIEWING CA FISH AND WILDLIFE MOOSE BOAT DOCK - JK AND PAN REVIEWED DOCK AND NO ANODES WERE VISIBLE OR INTACT HENCE DEGRADATION OF ALL BEAMS WAS SEEN, SEPERATION AND DEFLECTION ON ALL BEAMS. PONTOONS TO BE TESTED ONSITE UPON REMOVAL FROM WATER, POTENTIAL FOR PONTOON REPLACEMENT EXISTS, SECONDARY CONTRACT AND DELAYED REPAIR TIMING IF PONTOONS ARE FOUND TO BE IN FAILURE - DOCK CAN BE REVIEWED FURTHER WHILE CONDUCTING CA FISH AND WILDLIFE REHAB. CURRENT 2025 STANDARD DEPLOYED FOR REHAB - 110V 30AMP SERVICE FOR POWERHEAD UNIT - ALL BEAMS REPLACED ALONG WITH INNER BUNK HARDWARE AND MODIFIED INNER BUNKS ON SITE. ANODES TO BE INSTALLED ON BOTH PORT AND STARBOARD SIDES OF ALL BEAMS. SOME MODULES WILL BE REPLACED AND RE-COMPRIMISED - ADDITONAL MODULES MAY BE NEEDED AND CAN BE ADDED ON SECONDARY CONTRACT - PROJECT RESIDUE DISPOSED BY JDSI AND DUMPSTERS - RAMP AND WASHOUT AREA TO BE UTILIZED FOR REHAB OF DOCK. RICHMOND FIRE TO TOW DOCK TO RAMP FOR REMOVAL AND REHAB - RETURN TOW FROM RAMP TO SLIP FOR RE-MOORING AND FINAL CALIBRATION. 6-8 WEEKS INSTALL TIMING PENDING ANY SUPPLY CHAIN ISSUES JET DOCK SYSTEMS, INC WILL ALSO EXTEND A 5-YEAR WARRANTY ON THE METAL SUPPORT BEAMS AND PONTOONS FOR AIRLIFT DOCKS, A 1-YEAR WARRANTY ON THE AIRLIFT POWERHEAD SYSTMES INCLDING PUMP AND HOSEES. Notes to Customer: SEE ACCOUTNING, PRODUCTION, CUSTOMER AND SITE NOTES Exhibit A-1
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WORK ORDER For Production Use Only Richmond Fire DeptOrderID 11/22/2025 6:22:14 PM Shipping: Richmond Fire Dept Site: (510) 685-8335 Home: Chief Mike Velazquez Cell: (510) 685-8335 Home Fax: 1340 Marina Way S Work: (925) 408-6449 E-Mail: [email protected] Richmond , CA 94804 Work Fax E-Mail 2: Notes to Accounting: Notes to Production: Notes to Customer: PURCHASE ORDER - NET 45 FROM COMPLETION SITE SURVEY FOR DOCK OPERATION PARTIALY REVIEWED WHILE REVIEWING CA FISH AND WILDLIFE MOOSE BOAT DOCK - JK AND PAN REVIEWED DOCK AND NO ANODES WERE VISIBLE OR INTACT HENCE DEGRADATION OF ALL BEAMS WAS SEEN, SEPERATION AND DEFLECTION ON ALL BEAMS. PONTOONS TO BE TESTED ONSITE UPON REMOVAL FROM WATER, POTENTIAL FOR PONTOON REPLACEMENT EXISTS, SECONDARY CONTRACT AND DELAYED REPAIR TIMING IF PONTOONS ARE FOUND TO BE IN FAILURE - DOCK CAN BE REVIEWED FURTHER WHILE CONDUCTING CA FISH AND WILDLIFE REHAB. CURRENT 2025 STANDARD DEPLOYED FOR REHAB - 110V 30AMP SERVICE FOR POWERHEAD UNIT - ALL BEAMS REPLACED ALONG WITH INNER BUNK HARDWARE AND MODIFIED INNER BUNKS ON SITE. ANODES TO BE INSTALLED ON BOTH PORT AND STARBOARD SIDES OF ALL BEAMS. SOME MODULES WILL BE REPLACED AND RE-COMPRIMISED - ADDITONAL MODULES MAY BE NEEDED AND CAN BE ADDED ON SECONDARY CONTRACT - PROJECT RESIDUE DISPOSED BY JDSI AND DUMPSTERS - RAMP AND WASHOUT AREA TO BE UTILIZED FOR REHAB OF DOCK. RICHMOND FIRE TO TOW DOCK TO RAMP FOR REMOVAL AND REHAB - RETURN TOW FROM RAMP TO SLIP FOR RE-MOORING AND FINAL CALIBRATION. 6-8 WEEKS INSTALL TIMING PENDING ANY SUPPLY CHAIN ISSUES JET DOCK SYSTEMS, INC WILL ALSO EXTEND A 5-YEAR WARRANTY ON THE METAL SUPPORT BEAMS AND PONTOONS FOR AIRLIFT DOCKS, A 1-YEAR WARRANTY ON THE AIRLIFT POWERHEAD SYSTMES INCLDING PUMP AND HOSEES.
SEE ACCOUTNING, PRODUCTION, CUSTOMER AND SITE NOTES
Site Details: DOCK MOORED TO FLOATING DOCK WITH FENDERS AND IN DECK MOORING - SAME AS CA FISH AND WILDLIFE - 2 SLIPS DOWN FROM CA FISH AND WILDLIFE JET DOCK Sales Advisor: Pete Nuti Origin: Ohio Freight Carrier: Dedicated Carrier JET DOCK Promotional Source: Existing Customer Delivery Method: Install Freight Charge:7250.0000 Ship/Pick-up Date: 6-8 Weeks from Production Contact Est. Install Date Range: - * Order ID: 40475.6700%#%14272.50 * Where practical by JDSI Description Item Code Qty MA Recv'd CUBE -LARGE (BLACK) - REPLACEMENT MODULES C000000001 12 1 CUBE -SMALL (BLACK) - REPLACEMENT MODULES C000000002 6 1 BOAT CLASS WINCH w/HANDLE, COVER, LINE & MTG HARDWARE A000000412 1 0 POWERHEAD -2 HO MOTOR - 2 VALVE - 110v - 30amp K00000068155 1 12MA -PGB - 8 - 36" PONTOON - ANODES BOTH SIDE OF BEAM K000000884 2 0 12MA -SSB -8 - 36" PONTOON - ANODES BOTH SIDE OF BEAM K000000883 4 0 PSAP -ALUM BEAM HRDWR KIT (4 - 12.5" & 2 - 14" CONNECTION) A0000009128 6 0 FASTENER - 4 TAB SPECIAL - STRB BEAM - OPEN MARKET K000000104 36 0 FASTENER - TUCK POINT - (NUT & BOLT ASSEMBLY) - OPEN MARKET K000000102 6 INNER BUNK HARDWARE SET - PSAP DOCK A0000009061 2 0 PSAP -PONTOON STRAPS & HARDWARE - LIFTING EYES (36") A0000009611 1 0 PSAP & RBC - 40' LONG EXTERIOR HOSE K000000233 2 POWERHEAD -HO MOTOR 110v K0000006525 2 PSAP -ICS -53.50" (+0.00/-0.125") - 3ma K000000895 6 0 PSAP -ICS -34" (+0.00/-0.125") - 2ma K000000894 2 0 PSAP -ICS -17" - 1ma K000000892 2 0 PSAP -DIRECT SUPPORT SYSTEM (FOR ONE BEAM SEAM) A000000970 6 0 DELUXE FENDER MOORING SYSTEM - 2 FENDERS w/4 LINE KITS A000000207 2 0 SITE EXECUTION - REMOVE/DISASSEMBLE/REHAB/REASSEBLE/LAUNCH/MOOR/TRAINING - OPEN MARKET A0000OH560 1 0 PROJECT EXECUTION - ADMISTRATIVE/LEGAL/R&D/ENGINEERING/MANUFACTURING/PROJECT MANGEMENT - OPEN MARKET A0000OH561 1 0 FORKLIFT -RENTAL - OPEN MARKET TMP00000041 1 0 DUMPSTER - RENTAL (AT CUSTOMER SITE) - OPEN MARKET TMP00000042 1 0 ANODE - (SALT AND BRACKISH WATER) - 2.84" (2 discs w/ hrdwr) C000000230 12 0 SACRIFICIAL ANODES REQ'D ON BEAM. WRRTY VOID IF NOT MAINTAIN - OPEN MARKET C0000002303 1 Total MA 18 For Installed Orders and Orders Delivered by JDSI Directly Please acknowledge that you have received all of the above listed material, or that any discrepancies have been noted above and discussed with your JDSI representative on-site. Any remaining materials will need to be disposed of by the customer for installation orders. Customer Date Exhibit A-1
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Alternate launch/off load location if needed: 110V 30 AMP SERVICE ON SITE Customer Site & Craft Specifications ChecklistCustomer Name: Richmond Fire DeptCraft Information: Make Model Year Craft Type Length Beam Weight Bottom Paint Obstruction Over 30 HP FOR ALL ORDERS BEING INSTALLED BY JDSI, CUSTOMER AND OPERATIONALCRAFT MUST BE AVAILABLE JDSI WILL PERFORM SYSTEM TRAINING IMMEDIATELY FOLLOWING INSTALLATION COMPLETION; TO BE ½ DAY PER 2 BOAT DOCKING SYSTEM Scheduling Point of Contact: Work Hours JDSI Permitted to Work On-Site: Primary: Monday thru Friday Secondary: Saturday and Sunday - On-Site Point of Contact: Work Hours Customer Staff to be Available for Assistance and/or Training: Primary: Monday thru Friday Secondary: Saturday and Sunday - JDSI Clearance/Authorization to Obtain Site Access: Items to Discuss with Customer: System: Dock Operation: Maintenance: Winch System Was Drive-on Discussed? Winch Maintenance Winch Launch System Was Launch Discussed? Line Maintenance Buoyancy Beam Keeping the Jet Dock Clean Mooring Customer Signature _________________________ I certify that the above information is correct Date ___________________________ Existing Customer Dock or Seawall (A): Structure Jet Dock will attach to: Concrete Existing structure material: Floating Attach Tide Manager Bracket to (B): Floating Dock Site Measurements: Standard Water/Tidal Fluctuation: 3 - 5 ft Extreme Water/Tidal Fluctuation: Water Depth at High Water at Bow of Jet Dock (C): Over 5Ft. Water Depth at Low Water at Stern of Jet Dock (E): Over 6Ft. Height above High Water to Connection Point (D):0 - 9 IN (Fenders Possibly Needed) Site Conditions: Max. Wave/Wake/Surge Action: 0 - 1Ft. 0 - 10% of the time (Customer is aware that wave conditions over 3 ft are excessive and damage to dock and/or craft are more likely and accepts responsibility) Seafloor Composition (F): Large Rocks, Mud Does water ever go above Connection Point (B)?: No Positioning of Jet Dock: PerpendicularAdditional Site Information for PSAP Electric available at site: Yes - 10 - 2o Ft Voltage: 110 Volts Amps: >20 Amps Water available at site: Boat Ramp to launch dock? >20 Amps Distance to Boat Ramp: 0 - 500 ft Tow provided to site: Crane Provided: Assistance Provided:
Exhibit A-1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2016 Jet Dock Systems, Inc. regarding the Jet Dock floating drive-1.Safe and Proper Operation:You are responsible for the safe and proper operation of the Jet Dock, and will provide instruction (including a copy of the Instructions) for operation by others. You are solely responsible to determine the feasibility and safety of dry-docking the cra-weight back during a pwc drive-ent as to acceleration, size, weight, etc. Practice is essential. Bottom painted or fouled hulls must be sanded smooth. 2. Idle Approach/Safety Pause: You agree to: a) approach the Jet Dock at 2 mph or less; b) never drive-on while a person is standing on the Jet Dock; and c) perform -on. 3. Determination of Safe Drive-on: If safe and proper drive-on is not feasible due to operator capability, weather conditions, craft operation, etc., You agree not to drive-on. You will exercise caution when launching craft and acknowledge that launching requires physical aptitude and dexterity. You agree to launch the craft only if you possess such abilities, and assume all responsibility therefore, and are responsible to determine such ability in others. You agree to read and follow launch instructions in Customer must maintain all decals and contact Jet Dock for replacements as needed. 4. Damage to Craft: We cannot supervise the operation of your craft in the waterways, during trailering or while driving on the Jet Dock. We also cannot control inconsistencies and inadequacies of watercraft hull integrity, or the effects that wind or wave action may have on the Jet Dock or craft. Therefore, you agree that we are not responsible for abrasions, damage or chipping to craft due to improper operation, failure to keep the Jet Dock clean of dirt, sand, salt deposits or debris, or for any other reason, nor for any superficial scratches or marks of any kind. 5. Night Storage Position: aft is above contact with the water. We are not responsible for marine growth or corrosion that may occur to craft by improper storage or failure to inspect the stern for marine exposure. A secondary tension relief line may be necessary to secure craft depending upon site conditions. 6. Safe Mooring: You are solely responsible for the safe mooring of the Jet Dock, including the Tide Manager System, and agree to frequently secure, maintain, inspect or repair the mooring. For Stand-Alone Mooring Systems, we will provide guidelines for maximum water depth and sea-floor penetration. However, due to different sea-floor compositions, fluctuating water levels, waves, and changing watercraft applications, you remain solely responsible for Stand-Alone moorings. 7. Sound Mooring Structure: You are solely responsible to verify the structural integrity of the structure to which the Jet Dock mooring is attached. Your structure will be exposed to substantial forces during drive-on, and must exhibit sufficient structural integrity to withstand these forces. You agree to choose and maintain structures which possess sufficient structural integrity to sustain the combined mass of the Dock, craft on the Dock, craft tied about the perimeter of the Dock, craft driving on the Dock, and/or any combination thereof. Failure to select, inspect and/or maintain the appropriate mooring structure can result in sudden failure of equipment, property damage and/or serious injury or death. 8. Improper Use: The Jet Dock and Tide Manager are intended for the original specified craft(s) only. Driving-on larger, heavier or otherwise unsuitable craft may cause damage to the Jet Dock, mooring or craft itself. Consult us for modification suggestions. We are not responsible for damage to craft or the Jet Dock or other property or injury or death to you or others by the use of any Jet Dock which has been altered, redesigned, abused or misused by you or others. 9. Ice: Ice will not normally harm the Jet Dock when the Jet Dock can rest freely away from obstructions. However; moving ice may damage or tear away the Jet Dock. When in question, store the Jet Dock on land during winter. Ice may also damage or destroy rigid moorings like the Tide Manager. It is recommended that craft and rigid moorings be removed and safely stored on land from any Jet Dock that is intended to be iced in. 10. Footwear: The Jet Dock drive-on systems may become hot when exposed to the sun. Footwear must be worn. Avoid skin contact with drive-on systems. 11. Traverse with Caution: The Jet Dock is engineered with openings, cradles, ramps, flex points, perimeters and multi-level fluctuation. You agree to use caution and to wear an approved Personal Floatation Device at all times while on the Jet Dock and agree to require the same of others. 12. Fueling on or from the Jet Dock material: Fueling and/or working with flammable materials on or from the Jet Dock is not recommended and the customer assumes all risks. 13. Regulations / Insurances: You are responsible to obtain the required permits, variances, registrations and/or approvals for the Jet Dock, if any, and agree to comply with all regulations. We carry insurances which are normal and customary in the industry. You will be responsible for costs associated with excess premiums for any insurances which you require of us which are beyond the standard limits that are currently in effect. 14. Handling on Land/ Non-buoyant Cubes: The Jet Dock has its greatest structural integrity while in the water. You are responsible for any damage to the Jet Dock while launching, removing, dragging, bending or stacking of the Jet Dock when out of the water. The tracking cubes, ballast cubes, winch cubes, and keel deflection cubes are pre-drilled and are not intended to provide buoyancy. 15. Wind, Waves, etc: We are not responsible for damage to the Jet Dock, mooring or craft due to winds, waves, wakes, high, low or no-water conditions, etc. You should remove and land-store craft and spring-tie the Jet Dock freely, or remove them from the water when such conditions are imminent. 16. Warranty: The Jet Dock is sold upon the standard Warranty and subject to the limitations and exclusions specified thereon. You acknowledge receipt of the Warranty, Owners Manual, Product Video, and the Assembly and Installation Instructions. You agree to allow us to use photographs of the installation for literature and publication. 17. Returns: ustment fee plus full cost of all non-stock itemsto be borne by you. Contact Dealer for returns procedure. Items which CANNOT be authorized for return: used items, items placed in the water, items which you have had for 30 days or more, e orders or non-stock items, air-assisted systems, and items which have been damaged by a freight company and said damage was not noted on the freight bill. Coordination with the freight company, off-loading and movement of shipped Docks are your responsibility. Docks shipped to you immediately become the responsibility of and owned by you and cannot be refused or returned without triggering this Returns provision. 18. Checklist; Site Conditions. You certify that the information contained in the Customer Site and Craft Specifications Checklist is accurate. You are aware of the dimensions of the Jet Dock system and confirm that the system will fit in the intended mooring location completely unobstructed as to: a) the moored position of the Jet Dock, b) the drive-on of the craft with sufficient ingress, and c) the launch of the craft with sufficient egress. You are responsible for costs, damages and/or cancellation charges associated with inaccurate Checklist information or site incompatibility, and/or unavailable or inoperable watercraft, personnel or equipment as agreed. Customer agrees to be available any time during the stated installation time frame with 72 hrs notice, if not, installation timing at dealer discretion. You also hold us harmless for any damage caused in connection with moving watercraft, docks or any other objects necessary to perform your Contract. 19. Whole Agreement / Governing Law. You agree that this written contract constitutes the entire agreement between the parties and that no other verbal Manual etc., are being relied upon by you. This Agreement shall be governed by and construed under the domestic laws of the State of Ohio, non-exclusive of its conflict or choice of law rules that would otherwise be applicable. The state or federal courts in Cleveland, Ohio shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. is a trademark of Jet Dock Systems, Incorporated. __X______________________________________________________________________ I have read and agree the Terms and Conditions of this Contract Exhibit A-1
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT BPAYMENT PROVISIONS1. 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 Citypayments service/provider. 2. SUBMISSION OF INVOICES:Contractor shall submit timely invoices by email to [email protected]/or to the following address:Attention: City of Richmond Finance/Account Payable Project Manager: _______________________ P.O. Box 4046Richmond, 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 Citysatisfaction. 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.
Michael VelazquezMichael Velazquez
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT CAUTHORIZED REPRESENTATIVES AND NOTICES1. 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 confirmationrequested from the U.S. postal service; or (iii) sent by overnight or same day courier2. 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 afternotice is deposited in the U.S. mail or with a courier service in the mannerdescribed above (Sundays and City holidays excepted).3. Either party may, at any time, change its notice address (other than to a post officebox address) by giving the other party three (3) days prior written notice of the newaddress.4. All notices, demands, requests, or approvals from Contractor to the City shall beaddressed to the City at:City of Richmond 450 Civic Center PlazaRichmond, CA 94804Email: ________________________________________________5. All notices, demands, requests, or approvals from the City to Contractorshall be addressed to Contractor at:Email: ________________________________________________ Michael [email protected] Dock Systems, Inc.9601 Corporate CircleCleveland, Ohio [email protected]> Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT DGENERAL CONDITIONS1. 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 tcompensation 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: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 ContractorContract, 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 Recordsb. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractorshall 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 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 Contractand 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 .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 thisContract. 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, against any and all loss, damages, liability, obligations, claims, suits, judgments, costs arising from or in any manner connected to Contractortions 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-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--Contractors hired by Contractor agree tobe bound to Contractor and the City in the same manner and to the same extent as 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 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 Contractorlved in the incident; (iii) name and address of Contractorthe incident; and (v) a police report.c. Contractor acknowledges that the City shall have the right to impose, at the 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. Contractort, records to demonstrate Contractor14. 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.Violence in the Workplace Policy and the Policy Against Workplace Harassment, are 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 isprevented 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 totransfer 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 Contraperformance, or payment therefore, or any combination of these acts, shall not relieve the 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 submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT ESPECIAL CONDITIONSThe General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state ):Jet Dock Systems, Inc.The contract is eligible for up to two (2) additional one (1) year extensions at the mutual option of the parties if it is deemed to be in the best interests of the City, as stipulated in Richmond Municipal Code Section 2.52.370(b). Each extension shall not to exceed an additional $20,000 per year for the extended term.
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT FINSURANCE PROVISIONSCHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCEREQUIREMENTS FOR THIS CONTRACT.1. CERTIFICATES: Before the commencement of the terms of this Contract, and duringthe entire term of this Contract and any extension or modification thereof, Contractorof operations covered, effective dates and dates of expiration of insurance coverage incompliance with coverage requirements set forth by the City and incorporated herein.Such certificates, which do not limit Contractorsubstantially the following statement:be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) Richmond. Contractor shall maintain in force at all times during the performance of this Contractall 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 least BBB unless otherwise acceptable to the City. Contractor shall deliver updatedinsurance certificates to the City at the address set forth in Exhibit C prior to theexpiration 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 theinsurance certificates.2. COVERAGE REQUIREMENTS:depend upon thetype of service being provided and/or the provider. will fall into one of the following categories (unless otherwise provided by the City):Consultants and Contractors Type 1Professional Services Type 2Environmental Risk/Hazardous Waste Material Type 3Lease of City Property Type 4Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations Type 5Transportation Providers Type 6Professional Services Pyrotechnics Type 7Cyber and I.T. Risks Type 8 Jet Dock Systems, Inc.
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.FAILURE TO SECURE: If Contractor at any time during the term hereof should fail tosecure or maintain the foregoing insurance, the City shall be permitted to obtain suchinsurance in ContractorContractor and shall becompensated by Contractor for the costs of the insurance premiums at the maximumrate permitted by law and computed from the date written notice is received that thepremiums have not been paid.SUFFICIENCY OF INSURANCE: The insurance limits required by the City are notrepresented as being sufficient to protect Contractor. Contractor is advised to consultcoverage and limits shall be (1) the minimum coverage and limits specified in thisContract; or (2) the broader coverage and maximum limits of the coverage carried byor available to Contractor; whichever is greater.INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT:(IF NECESSARY, CONFIRM WITH RISK MANAGER) Jet Dock Systems, Inc.
___ Exhibit F ___ Section 8 City of Richmond - Insurance Requirements – Type 1: Consultants and Contractors Type 1 – Page 1 of 4 Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits. CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors.Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work. Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR. Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following: 1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations. 2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto) 3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language. 4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage. 5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance. 6.Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property) 7. Contractor’s Pollution Liability (if applicable for Construction Contractors)Required Coverage Minimum Limits Workers’ Compensation and Employers’ LiabilityStatutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self-Insure, signed by the California Department of Industrial Relations and Self-Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at: http://www.ci.richmond.ca.us/index.aspx?nid=61. ___ Exhibit F ___ Section 8 City of Richmond - Insurance Requirements – Type 1: Consultants and Contractors Type 1 – Page 2 of 4 Revised: September 2011
PROJECT COST REQUIRED LIMIT$0 - $5 million $2 million p/o $5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability (primary and excess limits combined) Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property). If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit). Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below. Automobile Liability $1,000,000 per occurrence for bodily injury and property damage. Builders’ Risk/Course of Construction – Covers property under construction, repair or renovation as well as equipment and materials to be installed. (Only required for Construction Projects involving property andequipment installation.) Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site. The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (ifapplicable)Protects against: unexpected/unintended release of pollution resulting from contractors covered operations such as: HVAC, paving, carpentry, pipeline & tank installation, drillers, remediation contractors, maintenance, mechanical, demolition, excavation, grading, street/road construction, residential & commercial builders.Same limits as General Liability. Required Policy Conditions A. M. Best Rating A:VII or Better.If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.Additional Insured Endorsement Applicable to General Liability Coverage. The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract. ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. ___ Exhibit F ___ Section 8 City of Richmond - Insurance Requirements – Type 1: Consultants and Contractors Type 1 – Page 3 of 4 Revised: September 2011
Additional Insured Endorsement (continued) SAMPLE Endorsements can be found athttp://www.ci.richmond.ca.us/index.aspx?nid=61Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. Waiver of Subrogation Endorsement Form Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract. SAMPLE Endorsements can be found at http://www.ci.richmond.ca.us/index.aspx?nid=61Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses. Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss. Loss Payable Endorsement (only required when Builder’s Risk and/or Course of Construction Insurance is required.)Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee. SURETY BONDS (If a Public Works/Engineering Project)The Contractor shall provide: 1. A Bid bond 2. A Performance Bond 3.A Payment BondUmbrella/Excess Liability Policies If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.Claims-Made Policies If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work. Subcontractors CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage. ___ Exhibit F ___ Section 8 City of Richmond - Insurance Requirements – Type 1: Consultants and Contractors Type 1 – Page 4 of 4 Revised: September 2011
Verification of Coverage All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time. Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond. Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed. Continuous Coverage CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate. If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager. Cancellation CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City. Reporting Requirements Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Consistent with Public Policy The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT GSANCTUARY CITY COMPLIANCE STATEMENTThe undersigned,(hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" orSCC).Contractor understands and agrees that the City may choose with whom it will maintain businessrelations and may refrain from contracting with any person or entity that provides Data Broker orExtreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the UnitedStates Department of Homeland Security (IC). Contractor understands the meaning of thefollowing terms used in the SCCO:a. "Data Brokermeans either of the following:i. The collection of information, including personal information aboutconsumers, from a wide variety of sources for the purposes of reselling suchinformation to their customers, which include both private-sector businessand government agencies;ii. The aggregation of data that was collected for another purpose from that forwhich it is ultimately used.b.Extreme Vettingmeans 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 timethe Contract is executed, or at any time during the term of the Contract, it provides DataBroker or Extreme Vetting services to ICE.Contractor further understands and agrees that Contractor's failure to comply with the SCCO shallconstitute a material default of the Contract and the City Manager may terminate the Contract andbar Contractor from bidding on future contracts with the City for five (5) years from the effective dateof the contract termination.By executing this statement, Contractor certifies that it complies with the requirements of the SCCOand that if at any time during the term of the Contract it ceases to comply, Contractor will promptlynotify the City Manager in writing. Any person or entity who knowingly or willingly supplies falseinformation 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 theState of California that the foregoing is true and correct.Printed Name: Title:Signed: Date:Business Entity:
Jet Dock Systems, Inc.