DocID #34720v1
CITY OF RICHMOND
CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract A mendment are the City of Richmond, a public body corporate and politic, 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. Purpose. This Contract Amendment is being entered into t o amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):
City Council Approval Date/City
Manager Execution Date: ____________________________
Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.
3. Contract Provisions. The parties hereto agr ee to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.
Department:
City Project Manager:
City Project Manager E-mail:
City Project Manager Phone No:
Vendor No:
Contract No:
Description of Services:
Amendment No. ___ modifies the (check all that apply):
Term Payment Limit Service Plan Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.
DocID #34720v1 Modified January 14, 2025
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Contract.
5. Cit
y of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section
7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insur
ance Coverage Updated and Maintained. Pursuant to the Contract, th e Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Author
ity; Counterparts; Signatures. Each of the signatories her eto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.
CIT
Y OF RICHMOND,
a municipal corp
oration
By: _______________________________
_
Tit
le: ______________________________
Dat
e Signed: ________________________
I he
reby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.
By: ________________
_______________
City Clerk
Appr
oved as to form:
By: _______________________________
City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
DocID #34720v1 Modified January 14, 2025
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.
The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by
City Council or executed by the City Manager on
_________________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved
by City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved
by City Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by Cit
y Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not to ex ceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved b
y City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
DocID #34720v1 Modified January 14, 2025
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:
TERM
PAYMENT
LIMIT
SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.)
NV5
370 Amapola Avenue, Suite 212, Torrance, California 90501, United States of America T (562) 495 5777 F (562) 495 5877 Toll-free (US only) (800) 777-0605 www.NV5.com
December 1, 2025
Lina Velasco
Director of Community Development
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Subject: Proposed Scope of Work and Fee Estimate
Additional Environmental Assessment Activities 2026
Miraflores Housing Development
South 47
th Street and Wall Avenue
Richmond, California
NV5 Project Number: 4300424-0644016.06
NV5 Environmental, L.P. (NV5) is pleased to present the City of Richmond (City) with this proposed scope of work and fee estimate for environmental consultation services related to the Miraflores Housing Development property located in Richmond, California (Site).
This proposal was prepared in response to meetings and requests from Ian Utz and other members of the Department of Toxic Substances Control (DTSC). This proposal provides a scope of work and fee estimate for conducting probe installation, sampling (new and previously installed probes), groundwater sample collection, reporting, and general environmental consultation.
BACKGROUND
The Site is comprised of three former nursery properties that were developed beginning in the 1920s as the former Sakai, Oishi, and Endo nurseries. The Site also includes the former Carey property, which was previously undeveloped. The four properties encompass approximately 14 acres of land located in an area of Richmond that is used primarily for residential purposes, with a combination of single-family and multi-family residential properties located in the vicinity south and west of the Site. Beyond the Bay Area Rapid Transit (BART) and Interstate 80 (I-80) right-of-ways that bound the Site to the north and east, respectively, current land uses are typically commercial and light industrial. The western portion of the former Sakai nursery property has been subsequently redeveloped for residential purposes.
On- and off-site investigations performed previously by NV5 and others indicated that chlorinated volatile organic compounds (CVOCs), including tetrachloroethylene (PCE), were identified in groundwater and soil vapor beneath the Site; however, the on- and off-site data and historical site information indicate the source of CVOCs to be from upgradient, off-site location(s) with respect to the direction of groundwater flow. NV5 understands that the DTSC is currently requiring off-site Responsible Parties at upgradient locations from the Site to conduct subsurface investigations related to potential impacts to upgradient groundwater (i.e., the likely origins of the contaminated groundwater beneath the Site).
In 2024, NV5 installed 22 shallow vapor probes across the Site. These probes were sampled during two events (August and December 2024). The results of the soil vapor sampling events identified concentrations of several VOCs (chloroform, benzene, TCE, PCE, and 1,2-dioxane) that exceeded their respective health risks screening levels. NV5 noted that additional soil vapor investigation would be needed to further characterize the Site. Additionally, the City has requested assistance with the design of possible mitigation systems for both proposed and for the relocation of existing structures at the Site.
Proposal for Additional Environmental Assessment Activities 2026 December 1, 2025 Miraflores – Richmond, California 4300424-0644016.06
1 SCOPE OF WORK
The following scope of work was prepared based on the findings of the most recent (2025) hydro-punch and soil vapor sampling events. The scope of work includes, workplan preparation (and coordination), installation of additional soil vapor probes and groundwater samples, collection and analysis of vapor and groundwater samples at new and existing soil vapor probe locations, reporting, and general environmental consulting services.
NV5 further anticipates providing continuing environmental consultation services to the City in the vicinity of the Miraflores Housing Development project related to submittal and implementation of the proposed Work Plan, as well as other environmental issues that may be raised by DTSC.
1.1 Task 1 – Cost Overage and 20 25 Investigation Report Preparation During the installation of the 2025 hudropunch and vapor probes, additional time and effort was required to complete hydropunch installations in three separate boreholes (instead of a single borehole as was initially proposed). Also, the DTSC requested data preparation and evaluation for a technical meeting for all consultants affected by the PCE plume. These efforts took longer than originally expected and had significant cost overages. As such, additional funding will be required for these tasks and to complete the DTSC required investigation report. NV5 will compile the data and prepare a written report which will include tabulated data, plates, lithologic logs and soil vapor probe construction diagrams, permits, and copies of laboratory analytical reports. A draft version of the report will be provided for review and comment. Once comments to the report are addressed, the draft report will be submitted to DTSC in electronic format. NV5 anticipates one round of comments or edits from DTSC will be addressed prior to finalization and submittal.
1.2 Task 2 – Work Plan Pr eparation and Coordination
Based on the preliminary results of the 2025 sampling events, NV5 anticipates that additional investigation, consisting of soil vapor and groundwater sampling, will be required from the DTSC. NV5 will prepare a work plan for submittal to the DTSC describing locations and details for soil vapor probe installation, sampling and evaluation. The work plan will describe the methods and procedures for the installation and sampling of additional soil vapor probes - including sample types (e.g., soil gas samples and grab groundwater samples), proposed number and locations, sample collection equipment, sampling depth, detailed sample collection procedures, and laboratory analytical method. The objectives of the proposed scope of work will be to provide analytical data towards further assessment of VOCs in soil vapor, determine the extent and transport of the contamination in the vicinity of the proposed structures, and further delineate contamination on-site. This task also includes a review and mapping of historical Site and vicinity data, necessary for locating the new sampling locations appropriately and strategically.
A draft work plan will be submitted to you for review and approval prior to submittal to DTSC.
1.3 Task 3 –Probe Installation and Sampling
Prior to conducting vapor probe installation activities, NV5 will: (1) obtain vapor probe and boring installation permits; (2) coordinate with the City as needed for access; (3) mark for Underground Service Alert (USA); and (4) retain qualified subcontractors, including a private utility locator, a California-licensed well driller to perform the vapor probe installations and groundwater borings, and a stationary State of California-certified analytical laboratory for sampling media and analysis of samples.
Consistent with the methods and procedures to be presented in the work plan in Task 1 and the previously approved 2025 vapor investigation work plan, NV5 will conduct the installation and sampling of 5-feet depth soil vapor probes at approximately 10 additional probes at various locations in the Miraflores development area. Probes will be installed throughout the Site and on nearby roadways in an attempt to further define and delineate the extent of soil vapor impacts. Actual locations will be selected in consultation with the City and the DTSC and presented in the Work Plan (Task 1).
Proposal for Additional Environmental Assessment Activities 2026 December 1, 2025 Miraflores – Richmond, California 4300424-0644016.06
Drilling, field screening, lithologic logging, and sample collection will be directed by a site geologist under the supervision of a State of California Professional Geologist or Engineer. Drilling services will be performed by a licensed drilling contractor possessing a valid well drillers license (C-57) issued by the State of California. Steel standpipes will be installed by the drilling contractor at each on-site location to protect the soil vapor probes. Traffic-rates, flush-mounted well boxes will be installed by the drilling contractor at each roadway probe location.
In select probe locations, grab groundwater samples (estimated at up to 10 locations) will be collected using a Hydropunch® groundwater sampler. The sampler will be advanced 5 to 10 feet below first encountered groundwater, expected at 15 ft bgs. The grab groundwater sample will be collected by using a small-diameter bailer lowered inside of the drill rods. The bailer will be used to fill the laboratory- provided containers. Samples will also be collected from the intermediate and deep water-bearing zones, expected at 40 and 70 ft bgs, respectively. The sample(s) will be stored in an ice-filled cooler and transported to the designated laboratory by courier under chain-of-custody procedures.
Included in this proposal is the disposal of investigation-derived waste (IDW) generated during the investigation activities. NV5 will collect representative samples of soil cuttings and decontamination rinsate, and laboratory analyses will be used for the profiling and disposal of the IDW. We have assumed the IDW will be classified as non-hazardous waste and can be disposed at a non-hazardous landfill and/or recycling facility. This task includes the labor for NV5 staff to coordinate with the sampling contractor.
Vapor sampling will be performed on the 10 newly installed vapor probes and up to 40 existing vapor probes (52 total locations) at the Site and vicinity. Sampling will be consistent with the Advisory – Active Soil Gas Investigations (Advisory; published by the Department of Toxic Substances Control, the Regional Water Quality Control Board, Los Angeles Region and the RWQCB dated July 2015).
Following completion of soil vapor sampling, the samples will be transported under chain-of-custody protocol to a stationary State of California-certified analytical laboratory and samples for the project laboratory list of VOCs using U.S. EPA Test Method TO-15, and helium, methane, oxygen, and carbon dioxide using ASTM Test Method D1946 under standard turn-around time.
1.4 Task 4 – Report Preparation
Following receipt of the laboratory analytical results from the investigation, NV5 will compile the data and prepare a written report which will include tabulated data, plates, lithologic logs and soil vapor probe construction diagrams, permits, and copies of laboratory analytical reports. A draft version of the report will be provided to you for review and comment. Once comments to the report are addressed, the draft report will be submitted to DTSC in electronic format. NV5 anticipates one round of comments or edits from DTSC will be addressed prior to finalization and submittal.
1.5 Task 5 – General Environmental Consultation Services NV5 will continue to provide general environmental consulting services to the City of Richmond on an as needed basis. These tasks may include:
Preparing correspondence to DTSC regarding responses to submittals; and Preparing for and participating in meetings with Successor Agency staff and counsel, and DTSC, as requested.
Review of technical reports prepared by other consultants working for potential off-site responsible parties.
Proposal for Additional Environmental Assessment Activities 2026 December 1, 2025 Miraflores – Richmond, California 4300424-0644016.06
2 PROJECT COST
NV5 proposes to undertake the proposed scope of work on a time and materials basis as described below. The estimated cost of each task is as follows:
Task 1 – Cost Overage and 2025 Invest igation Report Preparation for $50,000 Task 2 – Work Plan and Coordination for $10,000.00.
Task 3 –Probe Installation and Sampling for $150,000. Task 4 – Report Preparation for $20,000.00.
Task 5 – General Environmental Consultation Services for $20,000.00.
The total estimated cost of this project is $250,000.00.
NV5 will not exceed the above total cost without prior written authorization from City. 3 PROJECT SCHEDULE
NV5 will begin preparation of a workplan immediately upon proposal authorization. NV5 anticipates that a draft work plan will be ready for initial review by the City within two weeks of authorization to proceed.
The work plan will include an anticipated schedule for field sampling activities. 4 COST ASSUMPTIONS AND EXCLUSIONS
Project Assumptions
1. Access will be provided to Site, streets and pathways by the City. The proposal estimate does not include fees for standby or delay charges for NV5 or our subcontractors if scheduled work is delayed due to lack of access or other causes that are outside of the control of NV5 or our subcontractors.
2. Encroachment permit fees will be waived by the City of Richmond Public Works.
3. Sampling will occur during standard working hours of 7 AM to 5 PM.
4. The number and type of laboratory analyses will be limited to those stated above.
5. Any additional work, laboratory analysis, or ot her costs incurred beyond the stated Scope of Work will be billed on a time and materials (T&M) basis and only conducted after written authorization from the City has been received.
6. It is assumed that any IDW generated during this investigation will be characterized and disposed of as a non-hazardous waste. Hazardous waste disposal may result in increased disposal charges. Please note that any waste disposal manifests or bills of lading will require signature by the City. NV5 can sign on behalf of the City if written permission to do so is issued to NV5 by the City.
7. The project is subject to prevailing wage requirements.
Project Exclusions
1. NV5 and its subcontractors are not responsible for damage to subsurface utilities or structures not identified by the City or USA prior to the start of sampling activities. If required, utility repair can be billed to the City on a T&M basis.
2. The scope of work has been developed through consultation between NV5 and the DTSC to meet the City’s objectives; however, the collected information may not be sufficient for other purposes. NV5’s will attempt to collect sufficient data to meet the City’s objectives but cannot guarantee that the data will be sufficient for its intended purpose.
Proposal for Additional Environmental Assessment Activities 2026 December 1, 2025 Miraflores – Richmond, California 4300424-0644016.06
3. NV5 has selected drilling equipment/methodologies which NV5 believes will be sufficient to drill to the planned depths and collect the proposed samples given known information regarding local geologic conditions and previous experience. However, NV5 cannot guarantee that the drilling equipment/methods will be sufficient to drill to the desired depths or access every desired drilling location (e.g. auger refusal, access limitations, utility conflicts, etc. may occur). NV5 will contact the City to discuss the potential limitations and to determine whether other equipment may be necessary to collect the samples. Mobilization of alternate equipment will be at additional cost and the costs will be discussed with the City prior to proceeding with the field change.
4. This assessment does not include the installati on or operation of any mitigation systems used to address the known contamination at the Site.
5. Vapor probe abandonment is not included in this scope of work.
5 TERMS AND CONDITIONS
NV5 will complete the listed scope of services in accordance with the terms and conditions of the City’s Purchase of Services Contract, which we understand will be provided by the City. 6 PROJECT AUTHORIZATION
This proposal is valid for 60 days from the correspondence date. Should you want us to begin work on this project, please sign the authorization below and return a copy via email at [email protected].
Thank you for the opportunity to be of service to you. If you have any questions, please call us at (562) 459-5777.
Respectfully submitted by: Accepted by:
NV5
Eric Fraske, PE
Project Manager / Senior Engineer
Name and Date
Trevor Atkinson, PE
Vice President
Print Name and Title
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PARTCONTRACTOR'S POLLUTION LIABILITY COVERAGE PART Other Insurance Primary and Noncontributory Insurance WestchesterPRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION
ADDITIONAL INSURED ENDORSEMENT - ONGOING WORK OR OPERATIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE:A. SECTION II - WHO IS AN INSURED 2.B.Exclusionsa. 2 b.your work C.SECTION III - LIMITS OF INSURANCE:
22