Pyro Spectaculars North, Inc.
5301 Lang Avenue
McClellan, CA 95652
Tel: 909-355-8120 :::: Fax: 909-355-9813
PRODUCTION AGREEMENT
(Special)
CITY OF RICHMOND
Program "A", Rev.# 11
July 3, 2026
Page I of4
This agreement ("Agreement") is made this ____ day of _____ _, 2026 by and between Pyro Spectaculars North, Inc., a California corporation, hereinafter referred to as ("PYRO"), and CITY OF RICHMOND, hereinafter referred to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein.
I. Engagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks productions ("Production"), and PYRO accepts such engagement upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program "A", attached hereto and incorporated herein by this reference.
1.1 PYRO Duties - PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its part to be pcrfom1ed, including preproduction services, all as more specifically set forth below in this Agrccn1ent and in the Scope of Work ("Scope of Work"), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein.
1.2 CLIENT Duties - CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph 6 hereof, access to the Site, any pcnnission necessary to utilize the Site for the Production, and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements arc subject to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.
2. Time and Place -The Productions shall take place on Julv 3, 2026, at approximately 9:15 PM. at Barge in Richmond Marina (Per ordinance) 37° 54'39.40" N; 122° 21" 09.14 W. Richmond, CA, Site.
3. Fees, Interest, and Expenses -
3.1 Fee-CLIENT agrees to pay PYRO a fee of$106,SO0.OO USD (ONE HUNDRED SIX THOUSAND FIVE HUNDRED DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50¾ of the Production Fee of $53,25-0.0-0 USO (FIFTY• THREE THOUSAND TWO HUNDRED FIFTY DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at S00.00, for a total of $53,250.00, upon the execution of this Agreement by both parties but no later than May 15, 2026. The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work ("Preproduction Services and Costs".) The balance of the Fee shall be paid no later than July 6, ~- CLIENT authorizes PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20.
3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of the maximum interest permitted by law on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attorneys' fees.
3.3 Expenses - PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items outlined as CLIENT's responsibility in this Agreement and Scope of Work.
4. Proprietary Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO docs not own CLIENT-owned material or third-party-owned material that has been included in the Production, and as to such CLIENT-owned and third-party owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT-owned material and third-party-owned material and shall not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENT-owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process without the express written pem1ission of PYRO is prohibited.
5. Safety• PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices, At all times before and during the Production, it shall be within PYRO's sole discretion to determine whether or not the Production may be safely discharged or continued. JI shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO.
6. Security - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary lo preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a fallout area satisfactory lo PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production.
7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any environmental clean-up.
PSNJ V-2021-2
BR
Pyro Spectaculars North, Inc.
5301 Lang Avenue
McClellan, CA 95652
Tel: 909-355-8120 :::: Fax: 909-355-9813
CITY OF RICHMOND
Program "A", Rev.# 11
July 3, 2026
8. Permits. PYRO agrees to apply for permits for the firing of pyrotechnics only from the RICHMOND FIRE DEPARTMENT and SAN FRANCISCO FIRE DEPARTMENT, FAA, and USCG, ifrequired. CLIENT shall be responsible for any fees associated with these pem1its including standby fees. CLIENT shall be responsible for obtaining any other necessary pemuts, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, event/activity or land use permits or any pem1ission or pem1il required by any Local, Regional, State or Federal Government.
9. Insurance. PYRO shall at all times during the perfomrnnce of services herein ensure that the following insurance is maintained in connection with PYRO's perfom1ance of this Agreement: (I) conm1ercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLlENT from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's negligence or willful conduct or from failure of CLlENT lo perfom1 its obligations under this Agreement, coverage for which shall be provided by CLIENT.
The coverage of these policies shall oo subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following arc named as additionally insured: CLIENT; Sponsors, Landowners, Barge Owners, if any; and Pennitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic suooontractors or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their owu insurance coverage with respect to their respective operations and services.
JO. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify, hold hannlcss, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attomcy and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such arc occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or employees. CLIENT shall indemnify, hold ham1lcss, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such arc occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party.
11. Limitation of Damages for Ordinary Breach • Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and I 0, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in pcrfom1i11g the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits.
12. Force Majeurc • CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, govem111ental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely dischargml on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the Production and pay PYRO snch sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled.
13. Rescheduling Of Event• If CLIENT elects to reschedule the Production, PYRO shall be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15¾ service fee on such additional expenses. Said expenses will oo invoiced separately and payment will be due in full within 5 days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability ofpem1its, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect nom1al business operations during those periods.
14. Right To Cancel-CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 3.1. I) 50¾ if cancellation occurs 30 or more days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) l 00¾ thereafter. In the event CLIENT cancels the Production, it will be impractical or extremely difficult to fix actual amount of PYRO 's damages. The foregoing represents a reasonable e~1imate of the damages PYRO will suffer if CLIENT cancels the Production.
15. No Joint Venture• It is agreed, nothing in this Agreement or in PYRO's perfom1ance of the Production shall be construed as fonning a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is au independent contractor with CLIENT and not an employee of CLIENT. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein.
16. Applicable Law• This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California.
In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable.
17. ~ • Any Notice to the Parties pennitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO-Pyro Spectaculars North, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N. Locust Avenue, Rialto, California 92377. CLIENT- City of Rkhmond, 2600 Barrett Avenue, yd Floor, Richmond, CA 94804.
PSNI V-2021-2
Pyro Spectaculars North, Inc.
5301 Lang Avenue
McClellan, CA 95652
Tel: 909-355-8120 :::: Fax: 909-355-9813
CITY OF RICHMOND
Program "A", Rev.# 11
July 3, 2026
18. Modification ofTenus -All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said tenns of written Agreement only.
19. SeverabiUty- If there is more than one CLIENT, they shall be jointly and severally responsible to perfonn CLIENT's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns.
20. Price Firm - If any changes or alterations arc made by CLIENT to this Agreement or if this Agreement is not cxccutc-0 by CLIENT and delivered to PYRO on or before the PRICE FIRM date shown below, or if the Initial Payment is not paid on or before the due date, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void.
PRICE FIRM through May 15, 2026
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
Sec PRICE FIRM conditions, paragraph 20, above.
EXECUTED as of the date first written above:
PYRO SPECTACULARS NORTH, INC. CITY OF RICHMOND
By:..· ..:e:::~~::;..,:::::::__:::::_.,,L...___:_=--,,,t.:....::::::__~,t:_-- By: _________________ _ lts:
Date: _5_/4_/2_6 _____ _ Its: _____________________ _
Print Name
Date: ____________ _
APPROVED AS TO FORM:
Shannon Moore, Interim City Attorney
ATTEST:
Pamela Christian, City Clerk of the City of Richmond
SHOW PRODUCER: Pat Dyas
PSNI V-2021-2
BR
Pyro S1>ectaculars North, Inc.
5301 Lang Avenue
McClellan, CA 95652
Tel: 909-355-8120 :::: Fax: 909-355-9813
SCOPE OF WORK
PYRO SPECTACULARS NORTH, INC. ("PYRO")
and
CITY OF RICHMOND ("CLIENT")
Pyro shall provide the following goods and services to CLIENT:
CITY OF RICHMOND
Program "A", Rev.# 11
July 3, 2026
• One Pyro Spectaculars North, Inc., Productions on July 31 2026, at approximately 9: 15 PM, at Barge in Richmond Marina, (Per ordinance) 37° 54'39.40" N; 122° 21" 09.14 W, Richmond, CA, Site. • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance. • Application for specific pyrotechnic permits relating to the Production. • Insurance covering the preproduction and Production as set forth in the Agreement with the following limits:
I11sura11ce Requireme11ts
Commercial General Liability
Business Auto Liability-
Owned, Non-Owned and Hired Autos
Workers' Compensation
Employer Liability
Limits
$5,000,000.00
$5,000,000.00
Statutory
$1,000,000
CLIENT shall provide to PYRO the following goods and services:
Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Per Occurrence
• All on-site labor costs, if any, not provided or perfonned by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT.
• Coordination and any applicable non-pyrotechnic pennitting with the local, state or federal government that may hold authority within the Production.
• Costs of all permits required for the presentation of the Production and the event as a whole. • Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set-up and load-out dates, including water security to keep wrnuthorized people, boats, etc. from entering the Safety Zone. • Marine services and all associated costs, including but not limited to, special marine insurance, tugs and barges with tie downs and anchors which shall be clean and free of debris for PYRO crew workplace, anchor and safety buoy securement and placement, as well as berthing and mating crews. General services required: forklifts, cranes, and other heavy equipment, planks, metal ramps, welders, sand, electrical power, fire suppression equipment, dumpsters, and port-a-john if needed. • General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary.
PSNI V-2021-2
CITY OF RICHMOND
PROPOSAL FOR CITY OF RICHMOND 2026
PREPARED BY
Pat Dyas
PREPARED FOR
Kymberlyn Carson~thrower
June 02, 2026 | Confidential Order ID#: 403072-26-8A | City of Richmond Page 1 of 3 June 2, 2026
CITY OF RICHMOND
Kymberlyn Carson~thrower
3230 McDonal Ave
Richmond, CA 94804
Pyrotechnics Close Proximity Display Fireworks Firecrackers Theatrical Effects Spark Machines Flames CO2 Cryo Jets Confetti/Streamers Lights Foggers Drones Light Animations Accents
Dear City of Richmond,
Enclosed you will find the below important document(s) that outline our City of Richmond 2026 proposal in detail:
Product Synopsis - Proposal: Provides the specifications of the devices and products to be used in your event.
Pre-production: To confirm your program, kindly submit the fully executed Production Agreement to our office by the stipulated firm price date per the production agreemenet.
Initial payment is due at our office by see production agreement. . The final payment is required by Monday, July 06, 2026. Please be advised that program availability, pricing, and show dates may be subject to alteration if the agreement and payments are not remitted promptly.
If you have any questions, or wish to discuss your program in detail, please do not hesitate to contact me or your dedicated Customer Service Representative, Jacky Becerril at (909) 355-8120.
Sincerely,
Pat Dyas
[email protected]
(808) 866-7411
Pyro Spectaculars North Inc.
June 02, 2026 | Confidential Order ID#: 403072-26-8A | City of Richmond Page 2 of 3
PYROTECHNIC PROPOSAL
CITY OF RICHMOND
CITY OF RICHMOND 2026 | FRIDAY, JULY 03, 2026
$106,500.00
MAIN DISPLAY (4 ITEMS)
DEVICE NAME QTY TOTAL SHOTS
3" Designer Aerial Salutes 12 60
4" Designer Aerial Shells 5 150
5" Designer Aerial Shells 7 150
6" Designer Aerial Shells 10 108
Main Display Totals 34 468
GRAND FINALE (4 ITEMS)
DEVICE NAME QTY TOTAL SHOTS
3" Aerial Display Shells Multishot Device 6 150
4" Designer Finale Shells 12 60
5" Designer Finale Shells 12 36
6" Designer Finale Shells 6 18
Grand Finale Totals 36 264
📦 Total Items: 8
🔢 Total Quantity: 70
🎆 Total Shots: 732
📂 Product Types: 2
Product descriptions are for specification of product quality, classification, and value. Final product selections will be based onavailability, suitability, and overall artistic style.
June 02, 2026 | Confidential Order ID#: 403072-26-8A | City of Richmond Page 3 of 3 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).
Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity:
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 7:
Professional Services Pyrotechnics
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)
$5,000,000 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 ($10 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 7:
Professional Services Pyrotechnics
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage.
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.
PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
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 7:
Professional Services Pyrotechnics
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.