Department: Project Manager: Project Manager E-mail: Project Manager Phone No:PR No: Vendor No: P.O./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 (herein referred to as the “City”) and the following named Contractor: Company Name: Street Address: City, State, Zip Code:Contact Person: Telephone: Email: Business License No: / Expiration Date: A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] ,[ ] other [specify:]2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein. 3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager. 4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Successor AgencyLina [email protected](510) 620-67064769PES Environmental, Inc. (PES) will provide environmental consultation services related for the Miraflores property. PES Environmental, Inc.7665 Redwood Boulevard, Suite 200Novato, CA 94945Kyle Flory(415) [email protected] 25, 2022October 5, 2021June 30, 202370,000
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference. 7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note: other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.) 9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference. 10. Signatures. These signatures attest the parties' Contract hereto: CITY OF RICHMOND CONTRACTOR: a municipal corporation By: (* The Corporation Chairperson of the Board, President or Vice President should sign below) Title: By: I hereby certify that this Contract Title: has been approved by City Council. Date Signed: By: City Clerk Approved as to form: By: By: Title: City Attorney Date Signed: (NOTE: Pursuant to California Corporations Code Section 313, if Contractor is a corporation or nonprofit organization, this Contract (1) must be signed by (a) the Chairperson of the Board, President or Vice-President and (b) the Secretary any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. LIST OF ATTACHMENTS: Service Plan Exhibit A Payment Provisions Exhibit B Authorized Representatives and Notices Exhibit CGeneral Conditions Exhibit D Special Conditions Exhibit E Insurance Provisions Exhibit F Standard Contract/EJ/TE 9-26-07 PES Environmental, Inc.
For the Contract between the City of Richmond andContractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below: See attached scope of work dated Spember 13, 2021. PES Environmental, Inc.
For the Contract between the City of Richmond and{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, 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. 3. Contractor shall submit timely invoices to the following address: Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department: PO Box 4046 Richmond, CA 94804-0046 4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Managerbefore payments shall be authorized. 5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized. 7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.Lina Velasco PES Environmental, Inc.
Successor AgencyLina Velasco
For the Contract between the City of Richmond and1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California. 1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows: City of RichmondRichmond, CA 94804-0046 1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
PES Environmental, Inc.
PES Environmental, Inc.Lina Velasco450 Civic Center PlazaKyle Flory7665 Redwood Boulevard, Suite 200Novato, CA 94945 General Conditions/EJ/TE 01-19-11 1 of 13
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility. 2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. 3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. 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 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. 4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license. Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity. 5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government. If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice. 6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A. 7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City. Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law. Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor. City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following: Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official. In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination. 9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions. 10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City. 11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver. 12. Termination Without Default. Notwithstanding any provision herein to the contrary, 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 written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. 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 Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses. 14. 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 this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year. 15. Indemnification.(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. (b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers. (c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party.(d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance. (e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section 15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone. 17. 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. 18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract. 19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. 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. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, 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. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting 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 subcontractor.Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies. 20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated General Conditions/EJ/TE 01-19-11 9 of 13
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. Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract. 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.21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract. 22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney. 23. 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 Conditions 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. 24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract. 26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party. 27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work. 28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law. This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California. 31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor. 32. 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. 33. Interpretation. This Contract shall be interpreted as if drafted by both parties.34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping. 35. 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 General Conditions/EJ/TE 01-19-11 12 of 13
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. 36. 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 he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor. 37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. 39. Performance and Final Acceptance.Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor. If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment. 40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of Richmond andThe General Conditions are hereby amended to include the following modifications and/or provisions (if applicable): None. PES Environmental, Inc.
For the Contract between the City of Richmond andDuring the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference. PES Environmental, Inc.
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’ 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.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.
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. PROJECTCOST REQUIRED 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.
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 CONTRACTORshall 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. CancellationCONTRACTOR 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.
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Community Development
Lina Velasco
[email protected]
(510) 620-6706
4769
/ 5807
PES Environmental, Inc. (PES) will provide environmental consultation services related for the Miraflores property. ✔
1 PES Environmental, Inc. dba NV5
200 South Park Road, Suite 350
Hollywood, FL 33021
Kyle Flory
(415) 798-3020
[email protected]
4000-6504
December 31, 2023
✔
October 31, 2021
October 5, 2021
June 30, 2023
70,000.00
DocuSign Envelope ID: E8AACF92-C0E5-4D9F-98FE-B351CB312AE5 Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
PES Environmental, Inc. dba NV5
DocuSign Envelope ID: E8AACF92-C0E5-4D9F-98FE-B351CB312AE5 VP
President
5/18/2023
City Manager
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term . The effective date of this Contract is
_____________________________________________________________ (Insert original contract commencement date)
and it terminates
_____________________________________________________________. (Insert new contract termination date)
unless sooner terminated as provided herein."
2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
PES Environmental, Inc. dba NV5
1 / 5807
October 5, 2021
June 30, 2025
None.
DocuSign Envelope ID: E8AACF92-C0E5-4D9F-98FE-B351CB312AE5 Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
PES Environmental, Inc. dba NV5
1 / 5807
70,000.00
June 30, 2025
✔
70,000.00
70,000.00
70,000.00
70,000.00
DocuSign Envelope ID: E8AACF92-C0E5-4D9F-98FE-B351CB312AE5 ___ 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.
DocuSign Envelope ID: E8AACF92-C0E5-4D9F-98FE-B351CB312AE5 ___ 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.
DocuSign Envelope ID: E8AACF92-C0E5-4D9F-98FE-B351CB312AE5 ___ 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.
DocuSign Envelope ID: E8AACF92-C0E5-4D9F-98FE-B351CB312AE5 ^COROr CERTIFICATE OF LIABILITY INSURANCE ^^3
DATE (MM/DD/TfYY)
J/8/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Lockton Companies
3280 Peachtree Road NE, Suite #250
Atlanta GA 30305
(404)460-3600
1NSIURED^ PES Environmental, Inc.
7665 Redwood Blvd
Ste 200
Novato CA 94947
CONTACT
NAME:
PHONE | FAX
(A/C.No.Ext): _I WC, No):E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
INSURER A iWestchester Surplus Lines Insurance Co
INSURER B : National Fire Insurance Co of Hartford
INSURER c: The Continental Insurance Company
INSURER D : Transportation Insurance Company
INSURER E ;
INSURER F ;
NAIC#
10172
20478
35289
20494
COVERAGESCERTIFICATENUMBER: 17676661REVISION NUMBER:xxxxxxx
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
A
B
c
B
D
A
A
TVPE OF INSURANCE
xCOMMERCIAL GENERAL UABILITf
CLAIMS-MADE I X I OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY | X | SE
OTHER:
AUTOMOBILE LIABIUTC
x_
x
x_
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
AfT APPLIES PER:
?f I X| LOG
f
x
UMBRELLA LIAB
EXCESS LIAB
sc
AL
NC
AL
L
HEDULED
TOS
•N-OWNED
TOS ONLY
OCCUR
CLAIMS-MADE
DED I X | RETENTION $ $0
WORKERS COMPENSATION
AND EMPLOYERS' LIAB1LITV y; N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? I N
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
ProfiToll Liability
Excess Liability
ADDL
INSD
Y
Y
N
N/A
N
SUBR
WV&
Y
Y
N
Y
N
POLICY NUMBER
G28133418007
7014842659
7014841883
7014842824(AOS)
7014842810(CA)'
G28133418007
G2813342A007
POLICY EFF
(MM/DD/Yrm
6/29/2022
5/1/2023
5/1/2023
5/1/2023
5/1/2023
6/29/2022
6/29/2022
POLICY EXP
(MM/DD/YYTT)
6/29/2023
5/1/2024
5/1/2024
5/1/2024
5/1/2024
6/29/2023
6/29/2023
LIMITS
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
tEa accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident) |
PROPERTf DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
PER I I OTH-
STATUTE I I ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEEI
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
$ 300,000
$ 25,000
$ 1,000.000
$ 2,000.000
$ 2.000.000
$
$ 1.000.000
»xxxxxxx
UQCXXXXX
$ xxxxxxx
$ xxxxxxx
$ 10,000.000
$ 10,000,000
$ xxxxxxx
$ 1.000.000
$ 1.000.000
$ 1.000.000
$1M each occurrence/ $2M aggregate
$10M each occurrence/aggregate
DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Umbrella Policy No. G2813342A 007 follows form over General Liability/Professional Liability Policy No. G28133418 007. Umbrella Policy No. 7014841883 follows form over Employer's Liability Policy No. (701482810 & 7014842824) & Auto Liability Policy No. 7014824659. Professional Claims Made Retro Date: 5/10/89. *SEE ATTACHED* *SEE PAGE TWO*
CERTIFICATE HOLDER
;)
17676661
City of Richmond
450 Civic Center Plaza, Suite 300
Richmond CA 94804
J_
CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTjiTlVE_.^_ ///' /'
Q^/^-^
ACORD25(2016/03)
© t9SB~-2QtS ACORD CORPOF%TION. All rights reserved.
The ACORD name and logo are registered marks ofACORD
DocuSign Envelope ID: E8AACF92-C0E5-4D9F-98FE-B351CB312AE5 ise only if more space is required)
Excess/Umbrella: Follows form over the Commercial General Liability, Auto Liability, Pollution Liability, Employers Liability, Professional Liability (Claims Made) Commercial General Liability: Certificate Holder is included as Additional Insured on Primary & Non-Contributory basis with Waiver of Subrogation included, as required by written contract. Auto Liability: Certificate Holder is included as Additional Insured with Waiver of Subrogation included, as required by written contract. Workers' Compensation: Waiver of Subrogation is included in favor of Certificate Holder, as required by written contract. ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY & AUTO LIABILITY: the City, its officers, agents, employees and members of the city council
ACORD 25 (2016/03) Certificate Holder ID:17676661
DocuSign Envelope ID: E8AACF92-C0E5-4D9F-98FE-B351CB312AE5 Attachment Code: D593468 Master ID: 1495252, Certificate ID: 17676661 Insurer D: Westchester Surplus Lines Insurance Co
Coverage: Excess General, Professional & Pollution Liability Policy Number: G2813342A007
Policy Period: 6/29/2022 - 6/29/2023
Limits: $10M each occurrence/ $10M aggregate
DocuSign Envelope ID: E8AACF92-C0E5-4D9F-98FE-B351CB312AE5 Attachment Code: D594635 Master ID: 1495252, Certificate ID: 17676661 Westchester
A Chubb Company
PRIMARY AND NONCONTMBUTORY -
Named Insured
PES Environmental, Inc.
Policy Symbol
GLW
Policy Number
G28133418 oo7
Policy Period
06/29/2022 TO
Issued By (Name of Insurance Company)
Westchester Surplus Lines Insurance Company
OTHER INSURANCE
06/29/2023
CONDITION
Endorsement Number
Effective Date of Endorsement
06/29/2022
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWWG:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART
The following is added to the Other Insurance Condition and supersedes any provision to the coutrary:
Primary and Noncontributory Insurance
This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy, provided that:
a. The additional iusured is a named insured under such other insurance; and b. You have agreed iti a written contract or agreement that this msurance would:
(1) act as primary msurance; and
(2) would not seek contribution from any other msurance available to the additional insured.
All other terms and conditions of this policy remain unchanged.
E,l^f^52 (12-18) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 DocuSign Envelope ID: E8AACF92-C0E5-4D9F-98FE-B351CB312AE5
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Project Ma nager:
Project Manager E-mail:
Project Manager Phone No:
P.R. No: Vendor No: P.O./Contract No:
Description of Services:
Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)
Term, Payment Limit and Service Plan
Payment Limit and Service Plan
Term an d Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose
. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Community Development
Lina Velasco
[email protected]
(510) 620-6706
4769
/ 5807
PES Environmental, Inc. (PES) dba NV5 will provide environmental consultation services related for the Miraflores property. ✔
2 PES Environmental, Inc. dba NV5
200 South Park Road, Suite 350
Hollywood, FL 33021
Kyle Flory
(415) 798-3020
[email protected]
4000-6504
December 31, 2023
✔
October 31, 2021
October 5, 2021
June 30, 2023
70,000.00
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 Contract Amendment/EJ/TE 09-26-07
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained.
Pursuant to the Original Contract,
the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures
. These signatures attest the parties’ agreement hereto:
CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:
I hereby certify that the Original Contract
and this Amendment have been approved
by the City
Council or executed by the City
Manager.
By _______________________
City Clerk
Approved as to form:
By_______________________
City Attorney
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or
nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and
the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
PES Environmental, Inc. dba NV5
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01
COO, EHS
VP
Mayor 1/24/2024
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragra
ph 2 of the Original Contract is amended to read as
follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the
payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the f
ollowing tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
2 / 5807
October 5, 2021
December 31, 2025
166,300.00
PES Environmental, Inc. dba NV5
The PES Environmental, Inc. dba NV5 will complete the tasks within the budget and timeline outlined in the attached Scope of Work.
236,300.00
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01
7665 REDWOOD BLVD, SUITE 200 | NOVATO, CA 94945 | WWW.NV5.COM | OFFICE 415.899.1600 October 13, 2023
644.016.02.P01
Successor Agency to the
Richmond Community Redevelopment Agency
Attention: Ms. Lina Velasco
440 Civic Center Plaza, Second Floor
Richmond, California 94804
PROPOSED SCOPE OF WORK AND FEE ESTIMATE
SOIL VAPOR ASSESSMENT
MIRAFLORES HOUSING DEVELOPMENT
SOUTH 47
TH AND WALL AVENUE
RICHMOND, CALIFORNIA
Dear Ms. Velasco:
PES Environmental, Inc. (PES) dba NV5 (NV5) is pleased to present the Successor Agency to the Richmond Community Redevelopment Agency (Successor Agency) this proposed scope of work and fee estimate for environmental consultation services related for the Miraflores Housing Development property located in Richmond, California (site). This proposal was requested by you in electronic correspondence with Kyle Flory of NV5 dated October 3, 2023, and is based on anticipation of environmental activities to be conducted for fiscal year 2023/2024. The site is currently overseen by the California Environmental Protection Agency (EPA), Department of Toxic Substances Control (DTSC).
This proposal provides a scope of work and fee estimate for conducting soil vapor probe installation and two rounds of soil vapor sampling and associated reporting, as well as general environmental consultation.
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 Ms. Lina Velasco
October 13, 2023
64401602P001.docx
BACKGROUND
As you know, an approved Remedial Action Plan (RAP)
1, in conjunction with remedial
procedures described in the Remedial Design and Implementation Plan2 (RDIP), and Results of Carey Parcel Investigation and Supplemental Soil Sampling (Carey Report)3, was implemented for the remediation of site-sourced contaminants between November 2013 and August 2014.
A Remedial Action Implementation Report (RAIR)4, documenting the completion of approved remedial activities presented in the RAP, RDIP, and Carey Report was subsequently approved by DTSC on June 23, 2015.
On June 26, 2015, the Voluntary Cleanup Agreement (VCA) was amended to include DTSC-required Operation and Maintenance (O&M) activities and to list the Agency as the sole proponent of the VCA.
On June 29, 2015, DTSC issued a Polanco Redevelopment Act Site Certificate 5, approving
completion of remedial activities at the Site and confirming that the site was appropriate for unrestricted residential use.
The site was subsequently sold in 2018 to the Miraflores Community Devco, LLC (Devco), and Devco subsequently proceeded with the planning and entitlement activities for residential redevelopment of the site, known as the Miraflores Residential Development, consisting of a total of 22 new, detached multiplex, multi-story residential buildings containing 190 residential units across the 8.17 acre site, and new or upgraded utilities, streets, sidewalks, as well as the relocation of historic structures. We understand Devco has recently filed for Chapter 11 bankruptcy.
On- and off-site investigations performed previously by PES and others indicated that chlorinated volatile organic compounds (CVOCs), including tetrachloroethylene (PCE), were identified in groundwater and soil vapor beneath the site; however, the on- and off-site data and historical site information indicate the source of CVOCs to be from upgradient, off-site location(s) with respect to the direction of groundwater flow
6. NV5 understands that DTSC is
1 PES, 2009. Remedial Action Plan, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. December 29.
2 PES, 2011. Remedial Design and Implementation Plan, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. March 1.
3 PES, 2014. Results of Carey Parcel Investigation and Supplemental Soil Sampling, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. February 13. 4 PES, 2015. Remedial Action Implementation Report, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. June 18.
5 DTSC, 2015. Site Certification, Implementation of Remedial Action Plan, Miraflores Housing Development Site, South 47th Street and Wall Avenue, Richmond, Contra Costa County (Site Code 201586). June 29. 6 DTSC, 2022. Docket No. HAS-FY21/22-101, Imminent and Substantial Endangerment Determination Amendment: MacDonald-San Pablo-Wall-45th Plume Site, El Cerrito and Richmond, California 94804.
March 17.
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 Ms. Lina Velasco
October 13, 2023
64401602P001.docx
currently requiring off-site Responsible Parties at upgradient locations7 from the subject site to conduct subsurface investigations related to potential impacts to upgradient groundwater (i.e., the likely origins of the contaminated groundwater beneath the subject site).
As you are aware, DTSC issued a letter to the City of Richmond on September 18, 2020 noting the presence of CVOCs in groundwater, and further noting that, prior to redevelopment, soil vapor data collection (e.g., by or on behalf of the project proponent/developer) was warranted in order to assess the potential for vapor intrusion concerns at the proposed residential buildings. As noted above, NV5 understands that Devco declared bankruptcy, and a new development proponent has not been identified at this time.
PROPOSED SCOPE OF WORK
To provide current soil vapor data facilitating a screening of the potential for vapor intrusion (VI) at the proposed Miraflores Residential Development, the scope of work proposed below includes preparation of a Work Plan for submittal to DTSC that will propose installation of permanent multi-depth soil vapor probes at 22 locations, and conducting two rounds of soil vapor sampling. The number and locations of the soil vapor probes are based on the development plans prepared by Devco.
NV5 further anticipates providing continuing environmental consultation services to the Successor Agency for the Miraflores Housing Development site related to submittal and implementation of the proposed Work Plan, as well as other environmental issues that may be raised by DTSC.
The proposed scope of work is further described below.
Task 1 – Prepare Work Plan for Soil Vapor Assessment
NV5 will prepare a work plan for on-site soil vapor probe installation, sampling and evaluation. The work plan will describe the methods and procedures for the installation and sampling of the soil vapor probes - including sample types (e.g., soil gas samples), proposed number and locations, sample collection equipment, sampling depth, detailed sample collection procedures, and laboratory analytical method. The objectives of the proposed scope of work will be to provide analytical data towards assessment of VOCs in soil vapor and conduct an evaluation of the potential human health-risk from vapor intrusion concerns. Soil vapor probe locations will be within the footprint of the proposed project building locations. A draft work plan will be submitted to you for review and approval prior to submittal to DTSC.
7 Including the Omo Fabricare Dry Cleaners (EnviroStor ID 60001434), and Former Montgomery Wards (EnviroStor ID 60001432) sites.
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 Ms. Lina Velasco
October 13, 2023
64401602P001.docx
Task 2 – Soil Vapor Assessment
The activities noted below will be conducted as part of the proposed soil vapor assessment.
Task 2a - Field Preparation and Planning Activities
Prior to conducting vapor probe installation activities, NV5 will: (1) obtain vapor probe installation permits; (2) coordinate with the Successor Agency as needed for site access; (3) mark for Underground Service Alert (USA); and (4) retain qualified subcontractors, including a private utility locator, a California-licensed well driller to perform the vapor probe installations, and a stationary State of California-certified analytical laboratory for sampling media and analysis of samples.
Task 2b – Soil Vapor Monitoring Probe Installation, Two Rounds of Sampling (Cold and Warm Season Events), Investigation-Derived Waste Removal, and Associated Reporting
Consistent with the methods and procedures to be presented in the Work Plan (Task 1), NV5 will conduct the installation and sampling of nested, multi-depth soil vapor probes at 22 locations. Each location will consist of two soil vapor probes, with vapor inlets installed at approximately 6 and 11 feet below ground surface (bgs), for a total of 44 soil vapor probes, to be installed in accordance with the soil vapor probe installation and sampling methodologies presented in the Work Plan.
Based on the historical depth to groundwater (under confining conditions), sampling of soil vapor probes constructed at 15 feet bgs will not be successful (e.g., groundwater will be present and/or intrude into vapor probes constructed at that depth), and therefore a shallower probe intake depth is recommended. Additionally, based on previous investigations identifying the predominant presence of low-permeability conditions at the site (i.e., within the unsaturated vadose zone), it is anticipated that, consistent with the Advisory – Active Soil Gas Investigations (Advisory; published by the Department of Toxic Substances Control, the Regional Water Quality Control Board, Los Angeles Region and the RWQCB dated July 20158), vapor probe installation will be conducted in two drilling phases: (1) a continuously-cored pilot hole will be advanced using direct-push drilling technology to permit detailed lithologic logging of subsurface conditions; and (2) after evaluation of subsurface conditions at each location a large- diameter borehole (e.g., approximately 6-inch diameter) will be advanced prior to construction of the vapor probes in general accordance with procedures presented in Appendix D of the Advisory. Drilling, field screening, lithologic logging, and sample collection will be directed by a site geologist under the supervision of a State of California Professional Geologist or Engineer.
Drilling services will be performed by a licensed drilling contractor possessing a valid well drillers license (C-57) issued by the State of California. Steel standpipes will be installed by the drilling contractor at each location to protect the soil vapor probes.
8 California Environmental Protection Agency Department of Toxic Substances Control (DTSC), 2015. Advisory – Active Soil Gas Investigations. July.
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 Ms. Lina Velasco
October 13, 2023
64401602P001.docx
A total of two rounds of soil vapor sampling activities will be conducted (in accordance with the Work Plan, as well as procedures outlined in the Advisory). One soil vapor sampling event will be conducted to qualify as a “warm weather” seasonal event, and one will be conducted as a “cold weather” seasonal event.
Following completion of soil vapor sampling, the samples will be transported under chain-of-custody protocol to a stationary State of California-certified analytical laboratory and samples for the project laboratory list of VOCs using U.S. EPA Test Method TO-15, and helium, methane, oxygen, and carbon dioxide using ASTM Test Method D1946 under standard turn-around time.
The results of the first round of soil vapor sampling will be tabulated and presented graphically for submittal to DTSC. Following receipt of the laboratory analytical results from the second planned soil vapor sampling event, NV5 will compile the data and prepare a written report which will include tabulated data, plates, lithologic logs and soil vapor probe construction diagrams, permits, and copies of laboratory analytical reports. A draft version of the report will be provided to you for review and comment. Once comments to the report are addressed, the draft report will be submitted to DTSC in electronic format. NV5 anticipates one round of comments or edits from DTSC will be addressed prior to finalization and submittal.
Included in this proposal is the disposal of investigation-derived waste (IDW) generated during the soil vapor probe installation activities. NV5 will collect representative samples of soil cuttings and decontamination rinsate, and laboratory analyses will be used for the profiling and disposal of the IDW. We have assumed the IDW will be classified as non-hazardous waste and can be disposed at a non-hazardous landfill and/or recycling facility. This task includes the labor for NV5 staff to coordinate with the sampling contractor for removal and off-site disposal and/or recycling of the IDW media.
Task 3 - General Environmental Consultation
The anticipated scope of work for the general environmental consultation services to be conducted as part of the proposed scope of work herein includes:
• Preparing correspondence to DTSC regarding responses to submittals; and • Preparing for and participating in meetings with Successor Agency staff and counsel, and DTSC, as requested.
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 Ms. Lina Velasco
October 13, 2023
64401602P001.docx
ESTIMATED FEE
The following is the estimated fee to perform the work tasks identified in the scope of work described above:
Task 1 – Prepare Work Pl an for Soil Vapor Assessment
NV5 Labor $7,600
Task 2 – Soil Vapor Assessment
Task 2a – Field Preparation and Planning Activities
NV5 Labor $3,900
Utility Location Subcontractor 1,200
CCCHSD Vapor Probe Permits 3,800
Subtotal: $8,900
Task 2b – Soil Vapor Monitoring Probe Installation, Two Rounds of Sampling (Cold and Warm Season Events), Investigation-Derived Waste Removal, and Associated Reporting
NV5 Labor and Equipment $50,700
Soil Vapor Probe (Drilling) Subcontractor 41,200
Laboratory Analytical Fees 46,500
Disposal of Investigation Derived Waste (Estimated) 3,900 Subtotal: $142,300
Task 1 and 2 Total $158,800
Task 3 – General Environmental Consultation
NV5 Labor $7,500
Project Total $166,300
NV5 proposes to perform the services described as Tasks 1 and 2, above, on a time and materials basis for an estimated fee of $158,800. The fee estimate to perform Task 1 through 3 described above is $166,300, which NV5 would perform on a time and materials basis.
NV5 assumptions include: (1) vapor probe installation will require five days of field work to complete; (2) eleven (11) 55-gallon drums will be disposed off-site as non-hazardous waste.
Costs were estimated based on NV5’s current Schedule of Charges (see attached). This estimate will not be exceeded without the Successor Agency’s authorization, and a material change in the scope of work. NV5 will perform the proposed scope of work under the terms of the Successor Agency’s Purchase of Services Contract, which we understand will be provided by the Successor Agency.
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 Ms. Lina Velasco
October 13, 2023
64401602P001.docx
We appreciate the opportunity to be of continued service to the Successor Agency and trust this is the information you require at this time. If you have any questions, please contact Kyle Flory or Chris Baldassari.
Yours very truly,
NV5
Christopher J. Baldassari, P.G.
Associate Geologist
Kyle S. Flory, P.G.
Principal Geologist
Attachment: Schedule of Charges
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01
7665 REDWOOD BLVD, SUITE 200 | NOVATO, CA 94945 | WWW.NV5.COM | OFFICE 415.899.1600
SCHEDULE OF CHARGES
The following fee schedule applies to all Services provided by NV5. This schedule is effective January 3, 2023.
Titles are generic and no distinction is made be tween engineers, geologists, hydrogeologists, or other professions.
Professional Title
Vice President $365 per hour
Principal Professionals $240-275 per hour
Associate Professionals $215-225 per hour
Senior Professionals $200 per hour
Project Professionals $175 per hour
Senior Staff Professionals $150 per hour
Staff Professionals $140 per hour
Sr. CADD Operators $135 per hour
CADD Operators $120 per hour
Technician $75-90 per hour
Word Processing & Clerical Support $90 per hour
These rates are evaluated on an annual basis and may be subject to an increase to reflect the then current rates.
Fee schedules for field/safety equipment and fleet vehicles provided by NV5 are submitted or included with project or contract-specific cost estimates. Costs for routin e office phone calls, conferencing, standard postage, and photocopying will be covered by a 4 percent communication surcharge on labor. Fees for expendable supplies, rented or leased equipment, and/or subcontractors retained by NV5 for a project or contract are billed at a rate of cost plus 15 percent. This charge includes insurance costs, business taxes, administrative fees, processing fees, and carrying costs. On projects that require substantial subcontractor costs, NV5 may invoice all, or a portion of, subcontractors’ fees prior to performing the work. Travel time will be charged at regular hourly rates, not to exceed 8 hours per day. Rates for or associated with expert testimony will be increased by 50 percent.
Invoices are payable upon presentation and are past due 60 days from the submittal date. A finance fee will be charged for past due accounts at the rate of 1-1/2 percent per invoice per month, or at the maximum amount allowed by law.
(__________/__________)
initial date
SCHEDULE OF CHARGES 2023.docx
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increa sed contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increa sed contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Coun cil of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increa
sed contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increa sed contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increa sed contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
PES Environmental, Inc. dba NV5
2 / 5807
May 18, 2023
70,000.00
June 30, 2025
✔
✔
166,300.00
December 31, 2025
236,300.00
236,300.00
236,300.00
236,300.00
✔
✔
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 ___ 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.
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 ___ 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.
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 ___ 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.
DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 DocuSign Envelope ID: 1D05F101-AD46-4FC1-B907-F0A27F9CEF01 Docusign Envelope ID: 8F793068-3E09-40AF-B405-9EE9D6C981EO City of Richmond
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
Re: PES Environmental, Inc. is now NV5 Environmental, LP.
To Whom it may concern;
Please be advised that PES Environmental, Inc.. has changed its name to NV5 Environmental, Inc. effective December 6, 2024.
As a result, we will provide services to your organization as NV5 Environmental, Inc. More information about NV5 can be found on our website at ww.nv5.com.
All certifications, insurance and qualifications remain unchanged. Since the legal entity remains the same, the IRS tax identification number remains unchanged. A copy of an updated W-9 as NV5 Environmental, Inc. is attached for your convenience.
We look forward to being of continued service to your current and future projects.
Should you have any questions or comments, please do not hesitate to contact me at 310-95 1-9482 or by email at [email protected] .
Sincerely,
David R. Schack
Vice President, Environmental Health Services
STATE OF CALIFORNIA
Office of the Secretary of State
STATEMENT OF INFORMATION
CORPORATION
California Secretary of State
1500 llth Street
Sacramento, California 95814
(916) 657-5448
BA20250389245
For Office Use Only
-FILED-
File No.: BA20250389245
Date Filed: 2/24/2025
Entity Details
Corporation Name
Entity No.
Formed In
NV5 Environmental, Inc.
1507107
CALIFORNIA
Street Address of Principal Office of Corporation
Principal Address7665 REDWOOD BLVD
STE 200
NOVATO, CA 94945
Mailing Address of Corporation
Mailing Address
Attention
200 SOUTH PARK RD
STE 350
HOLLYWOOD, FL 33021
Street Address of California Office of Corporation
Street Address of California Office7665 REDWOOD BLVD
STE 200
NOVATO, CA 94945
Officers
Officer Name
Daniel Balbiani
a MaryJo O'Brien
EDWARD CODISPOTI
Officer Address
7665 REDWOOD BLVD
STE 200
NOVATO, CA 94945
200 SOUTH PARK RD
STE 350
HOLLYWOOD, FL 33021
200 SOUTH PARK RD
STE 350
HOLLYWOOD, FL 33021
Position(s)
Chief Executive Officer
Secretary
Chief Financial Officer
Additional Officers
Officer NameOfficer AddressPositionStated Position
None Entered
Directors
Director Name
Richard Tong
Director Address
200 SOUTH PARK RD, STE 350
HOLLYWOOD, FL 33021
The number of vacancies on Board of Directors is: 0
Agent for Service of Process
California Registered Corporate Agent (1505)CSC - LAWYERS INCORPORATING SERVICE Registered Corporate 1505 Agent
Type of Business
Type of BusinessProfessional and Technical consulting services
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.
Communty Development
Lina Velasco
[email protected]
510-620-6706
17013
7550
NV5 Environmental will provide environmental consultation services related to the Miraflores property and surrounding area.
3 NV5 Environmental, L.P.
200 South Park Road, Suite 350
Hollywood, FL 33021
David R. Schack
562-495-5777
[email protected]
4000-6504
October 31, 2021
October 5, 2021
June 30, 2023
$70,000
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 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.)
NV5 Environmental, L.P.
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Vice President
8/27/2025
COO, EHS
9/4/2025
Mayor
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
May 18, 2023
June 30, 2025
January 24, 2024
166,300.00
236,300.00
December 31, 2025
200,000.00
436,300.00
October 5, 2026
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 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.) ■
October 5, 2021
October 5, 2026
■
200,000.00
436,300.00
■
Name Change from PES Environmental to NV5 Environmental, L.P.
The additional scope tasks and fees related to this amendment are listed in the next pages.
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693
NV5
3777 Long Beach Boulevard, Annex Building, Long Beach CA 90807, United States of America T (562) 495 5777 F (562) 495 5877 Toll-free (US only) (800) 777-0605 www.NV5.com
May 22, 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 2025
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 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.
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Proposal for Additional Environmental Assessment Activities 2025 May 22, 2025 Miraflores – Richmond, California 4300424-0644016.06
1 SCOPE OF WORK
The following scope of work was prepared based on the findings of the 2024 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 – Work Plan Pr eparation and Coordination
NV5 will prepare a work plan (or email) for submittal to the DTSC describing soil vapor probe installation, sampling and evaluation. The work plan will describe the methods and procedures for the installation and sampling of the 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 email will be submitted to you for review and approval prior to submittal to DTSC.
1.2 Task 2 –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 2024 vapor investigation work plan, NV5 will conduct the installation and sampling of 5-feet depth soil vapor probes at approximately 21 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).
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 13 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 Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Proposal for Additional Environmental Assessment Activities 2025 May 22, 2025 Miraflores – Richmond, California 4300424-0644016.06
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 21 newly installed vapor probes and the 22 existing vapor probes (43 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.
1.3 Task 3 – 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.
1.4 Task 4 – 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.
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 – Work Plan and Coordination for $15,000.00.
Task 2 –Probe Installation and Sampling for $150,000. Task 3 – Report Preparation for $20,000.00.
Task 4 – General Environmental Consultation Services for $15,000.00.
The total estimated cost of this project is $200,000.00.
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.
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Proposal for Additional Environmental Assessment Activities 2025 May 22, 2025 Miraflores – Richmond, California 4300424-0644016.06
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.
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.
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Proposal for Additional Environmental Assessment Activities 2025 May 22, 2025 Miraflores – Richmond, California 4300424-0644016.06
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
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 7665 REDWOOD BLVD, SUITE 200 | NOVATO, CA 94945 | WWW.NV5.COM | OFFICE 415.899.1600
SCHEDULE OF CHARGES
The following fee schedule applies to all Services provided by NV5. This schedule is effective January 3, 2025.
Titles are generic and no distinction is made be tween engineers, geologists, hydrogeologists, or other professions.
Professional Title
Vice President $365 per hour
Principal Professionals $240-275 per hour
Associate Professionals $215-225 per hour
Senior Professionals $200 per hour
Project Professionals $175 per hour
Senior Staff Professionals $150 per hour
Staff Professionals $140 per hour
Sr. CADD Operators $135 per hour
CADD Operators $120 per hour
Technician $75-90 per hour
Word Processing & Clerical Support $90 per hour
These rates are evaluated on an annual basis and may be subject to an increase to reflect the then current rates.
Fee schedules for field/safety equipment and fleet vehicles provided by NV5 are submitted or included with project or contract-specific cost estimates. Costs for routin e office phone calls, conferencing, standard postage, and photocopying will be covered by a 4 percent communication surcharge on labor. Fees for expendable supplies, rented or leased equipment, and/or subcontractors retained by NV5 for a project or contract are billed at a rate of cost plus 15 percent. This charge includes insurance costs, business taxes, administrative fees, processing fees, and carrying costs. On projects that require substantial subcontractor costs, NV5 may invoice all, or a portion of, subcontractors’ fees prior to performing the work. Travel time will be charged at regular hourly rates, not to exceed 8 hours per day. Rates for or associated with expert testimony will be increased by 50 percent.
Invoices are payable upon presentation and are past due 60 days from the submittal date. A finance fee will be charged for past due accounts at the rate of 1-1/2 percent per invoice per month, or at the maximum amount allowed by law.
(__________/__________)
initial date
SCHEDULE OF CHARGES 2025.docx
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 ___ 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.
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 ___ 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.
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 ___ 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.
Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 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 Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693
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 Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 b.your work C.SECTION III - LIMITS OF INSURANCE:
22 Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693 Docusign Envelope ID: 20229BB6-9ED5-46DD-B0AE-D178B3AB9693