CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________
4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.
5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F), which are attached hereto and incorporated herein.
10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.
11. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________
I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager ( set forth in Exhibit B) , perform the following services and be compensated as outlined below [or attach service plan if necessary]:
101 LUCAS VALLEY ROAD, UNIT 302 | SAN RAFAEL, CA 94903 | NV5 May 8, 2026
644.010.04.P09
City of Richmond
City Manager’s Office
Attention: Mr. Craig Murray
440 Civic Center Plaza, Second Floor
Richmond, California 94804
Proposed Scope of Work and Fee Estimate for
Environmental Consultation Services
Fiscal Years 2026/27, 2027/28 and 2028/29
Marina Bay Project Nine-Deed Restricted Areas
Richmond, California
Dear Mr. Murray:
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 nine deed restricted properties located within the Marina Bay Project. Nine areas owned by the City are subject to land use restrictions required by California Environmental Protection Agency (EPA), Department of Toxic Substances Control (DTSC), and the instruments have been recorded with the Contra Costa County Recorder Office. The scope of work is for environmental consultation services to be provided to the City during Fiscal Years (FY) 2026/27, 2027/28, and 2028/29.
This proposal contains a brief description of the anticipated scope of work for the above-referenced properties. This proposed scope of work also includes environmental consultation during construction of the temporary asphalt cap at Area FM and tentative remediation for Area T. The Area T remediation scope has not been defined and may change or deemed unnecessary following data review and coordination with DTSC.
SCOPE OF WORK
The following sections present a summary of the scope of work for the environmental consultation services.
Mr. Craig Murray
May 8, 2026
64401005P003.docx
Task 1 - Marina Bay Project
Task 1a - Nine Deed Restricted Areas – Annual Inspections and Five-Year Review
The nine areas include: (1) Area T; (2) Area V; (3) Boat Launch Ramp Parking Area; (4) Marina Way South (West Shore Areas); (5) Peninsula Drive; (6) Regatta Boulevard Right-of-Way (northwest of Area L); (7) Shimada Friendship Park; (8) Vincent Park; and (9) Area FM. The scope of work includes conducting: (1) annual inspections and reporting; (2) revising a Third Five-Year Review Work Plan; and (3) preparing the Third Five-Year Review Report.
Annual Inspections and Reporting
In accordance with the O&M Plans and the O&M Agreements, NV5 will conduct annual inspections of each area on an annual basis for FY 2026/27, FY 2027/28, and FY 2028/29.
Area FM does not have an O&M Plan at this time; however, NV5 will inspect Area FM following the asphalt cap installation, potentially before the completion of the O&M Plan.
The 2025 annual inspections were conducted in August 2025. The annual inspections will be conducted at each of the nine areas upon receipt of the executed contract for this proposed scope of work and are expected to be conducted with DTSC staff in attendance. This task also includes a contingency to address potential issues discovered during the annual inspections. In order to reduce costs, we have assumed that the inspections of the nine areas will be conducted during one day of field work and repairs will be made by City staff on the same day. The repairs will be documented on the day of the inspections and follow-up inspections will not be required. Following the inspection, an annual inspection report will be prepared for the areas.
The report will be submitted to the City for review and comment. Following receipt of your authorization, the annual inspection report will be submitted to DTSC. The above process will be followed during FY 2027/28 and FY 2028/29. Fee estimates for annual inspections, reporting and contingencies for 2027 and 2028 have been increased by 10% annually to accommodate anticipated rate changes.
Revision of Third Five-Year Review Work Plan
On March 18, 2019, PES submitted a work plan for the third five-year review of the remedial actions implemented at nine environmental deed-restricted areas to DTSC for review and approval. On May 15, 2020, DTSC submitted comments on the work plan and on June 16, 2020, PES submitted a revised work plan that addressed DTSC’s comments. DTSC approval of the revised work plan is pending. DTSC submitted a survey to the Marina Bay community in March 2021. Following a meeting with DTSC and the City on September 18, 2025, the scope of the five-year review is not yet finalized. We anticipate that further revisions to the work plan may be required. NV5 will revise the Third Five-Year Review Work Plan, if needed, for the five-year review of the nine deed restricted properties. The revised work plan will be submitted in draft form for your review and comments. Following receipt of your authorization, the work plan will be submitted to DTSC for review and approval. If revisions are not required, NV5 will proceed with preparing the Third Five-Year Review Report. The cost estimate assumes that only one round of edits will be required.
Mr. Craig Murray
May 8, 2026
64401005P003.docx
Third Five-Year Review Reporting
Following DTSC approval of the revised work plan, NV5 will conduct a five-year review of each area. The purpose of the five-year review is to evaluate the implementation and performance of the remedy to determine, after five years, if the remedy is protective of human health and the environment. In accordance with applicable guidance1, the five-year review report will include an authority statement, objective of the review, background information (including site location, history, and conditions), a discussion of remedial objectives, a summary of monitoring information, recommendations, and a statement of protectiveness.
Additionally, per communications from DTSC, the five-year review will include a Sea Level Rise Vulnerability Assessment. A registered civil engineer must prepare the five-year review report. A draft five-year review report will be prepared for the nine areas and submitted to you for your review and comment. Following receipt of your authorization, a final Third Five-Year Review Report will be submitted to DTSC for the nine areas described above.
Task 1b - Area T - Groundwater Remediation and Monitoring and Reporting
Groundwater Monitoring and Reporting
This estimate assumes six groundwater monitoring wells and four separate-phase hydrocarbon (SPH) characterization and removal wells located at Area T will be sampled on an annual basis during the second quarter of each year for the period covered by this proposal. Quarterly sampling of wells TW-3R and CW-3 is expected to cease beginning in FY 2026 per correspondence with DTSC. This proposal includes conducting 12 groundwater monitoring events starting in the Second Quarter of 2027. The sampling and reporting proposed herein will be conducted in FY 2026/27, FY 2027/28, and FY 2028/29. Fee estimates for groundwater monitoring and reporting for 2027 and 2028 have been increased by 10% annually to accommodate anticipated rate changes.
Samples from wells WSS17, TW-1, TW-2, TW-4, TW-5, CW-1, CW-2, and CW-4 will be analyzed for total extractable petroleum hydrocarbons quantified as diesel (TEPHd) and motor oil (TEPHmo), total volatile hydrocarbons quantified as gasoline (TVHg), and Stoddard Solvent (TVHss) on an annual basis. Samples from well TW-3R are analyzed on a quarterly basis for TVHg, TVHss, TEPHd, TEPHmo, naphthalene, and benzene, toluene, ethylbenzene, and xylenes (BTEX); and samples from well CW-3 are analyzed on a quarterly basis for TVHg, TVHss, TEPHd, and TEPHmo. The purge water generated during the groundwater sampling events will be transported off-site by the sampling subcontractor for disposal as non- hazardous waste at an appropriately licensed facility.
One annual report will be prepared to document the sampling and analysis as well as the groundwater remediation program discussed below.
1 Office of Solid Waste and Emergency Response No. 9355.7-03B-P.
Mr. Craig Murray
May 8, 2026
64401005P003.docx
Additional Project Progression Event
Following the Five-Year Review for Area T, it is expected that either an additional remediation scope will be required or partial closure will be given and a portion of the well network will need to be abandoned.
The additional remediation option scope is currently undefined, but will likely require a workplan to be prepared by NV5 and approved by DTSC prior to implementation.
The well abandonment option is assumed to consist of pressure grouting all 10 wells currently.
This scope is assumed to take 4 days, require Contra Costa County Environmental Health Department boring permits, a C-57 licensed driller to perform the work, and be under the supervision of NV5.
$50,000 has been allocated for the completion of one of these options.
Task 1c - Area FM – Work Plan Revision, Temporary Cap Construction, Reporting and General Environmental Consultation
NV5 anticipates providing environmental consultation services to the City for Area FM, North Shore Area, Marina Bay Project, Richmond, California. Based on recent discussions, this work is expected to begin in late May/June 2026, however, for budget purposes, NV5 is providing a budget and scope that begins and will continue into the new fiscal year starting July 1, 2026.
On May 16, 2025, DTSC provided conditional approval
2 of NV5’s Amended Revised Work
Plan Amendment for Construction of Temporary Asphalt Cap (Revised Work Plan Amendment) to address the comments provided by DTSC in previous letters.
The scope of work described below is based on: (1) the scope of work described in the Revised Work Plan Amendment required for the installation of the temporary cap; (2) reporting of the installation of the temporary cap at Area FM; and (3) preparation of an Operations and Maintenance (O&M) Plan, as required by the deed restriction. Also included is a fee for general environmental consultation to provide ongoing consultation to the City regarding unanticipated requests from DTSC.
Installation of the Temporary Cap
Installation of the temporary soil cap requires a Soil Management Plan (SMP; equivalent to the Revised Work Plan Amendment) and a Health and Safety Plan (HASP). A site-specific health and safety plan (HASP) has been prepared by NV5 for NV5 personnel in accordance with applicable State and Federal Standards for Hazardous Waste Operations and Emergency Response (Cal. Code Regs., title 8, section 5192; 29 CFR 1910.120) and was included as an
2 DTSC, 2025. Conditional Approval of Amended Revised Work Plan Amendment for Construction of Temporary Asphalt Cap, Area FM, Marina Bay Project, Marina Bay Parkway and Regatta Blvd, Richmond, Contra Costa County, California 94804 (Site Code: 200134). May 16.
Mr. Craig Murray
May 8, 2026
64401005P003.docx
attachment to the Work Plan Amendment. Additionally, a Work Notice has been prepared and distributed to the surrounding community. Following installation of the cap, a report documenting the construction and an O&M Plan needs to be submitted to DTSC. We understand the Work Notice will be distributed by the City or others to the surrounding community prior to the installation of the temporary cap. NV5 understands grading plans and other planning documents have been prepared by others. We further understand that all required permits will be obtained by others. NV5 will conduct dust monitoring during the installation of the cap.
Monitoring and Documentation for Installation of Temporary Cap
NV5 will conduct observation and documentation of the installation of the temporary cap.
The temporary cap will be installed by others, which will include site preparation activities such as grubbing and grading the site, and stockpiling excess soil for waste characterization and management. NV5 will document dust suppression activities and placement of cap materials. NV5 will conduct dust monitoring as described below. Based on an estimate of the duration of the construction project provided by CWS/Stuber-Stroeh Engineering Group, Inc. (CSW), the fee estimate is based on a duration of six weeks to prepare the site and construct the temporary cap.
Due to the duration of the project, lead exposure will be controlled to less than the National Ambient Air Quality Standard (NAAQS) rolling three-month average limit of
0.15 micrograms of lead per cubic meter of air (µg/m
3). Maintaining total dust levels from
soil below 35.7 µg/m3 total dust ceiling level will ensure the levels of lead will remain below the NAAQS rolling three-month average limit of 0.15 µg/m3. If this level is exceeded, additional dust suppression activities such as water application for dust suppression will be conducted during work activities.
Dust monitoring shall be conducted using portable airborne particulate monitors (Thermo 1500, TSI-Dust Track, or similar). This dust monitoring equipment has real-time monitoring capabilities complete with an alarm and data recording. Dust monitors will be positioned along the site perimeter for the duration of activities which disturb site soils.
The locations of the monitoring equipment will be adjusted to ensure the following:
• At least one upwind perimeter location near the active earthwork areas; • At least one downwind perimeter location near the active earthwork areas; and • At any active entry/egress location for construction equipment and trucks.
Groundwater Well Installation and Monitoring
NV5 and its subcontractor will install four groundwater monitoring wells following construction of the asphalt cap. During installation, NV5 will record a lithologic log of each boring using the Unified Soil Classification System. Soil will be screened in the field periodically for the presence of VOCs based on headspace analysis using a portable Mr. Craig Murray
May 8, 2026
64401005P003.docx
photo-ionization detector (PID). Soil and drilling fluids collected during the installation will be contained in DOT-approved 55-gallon drums and samples will be collected and analyzed for waste characterization purposes. The waste classification samples will be analyzed for petroleum hydrocarbons, Title 22 metals (including soluble metals analysis for lead and chromium), volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), and polychlorinated biphenyls (PCBs). Following installation, NV5 will survey each well in accordance with California Department of Water Resources (DWR) standards.
Well sampling will be conducted using low-flow techniques and water quality parameters will be collected during purging. Groundwater samples will be analyzed for total extractable petroleum hydrocarbons using USEPA Test Method 8015B; total petroleum hydrocarbons quantified as gasoline and VOCs using USEPA Test Method 8260B, SVOCs using USEPA Test Method 8270C, and dissolved and undissolved Title 22 metals using USEPA Test Method 6010B/7471B.
Temporary Cap Installation Report
NV5 will prepare a report documenting the installation of the temporary cap. The report will document the materials used to construct the cap, the results of the dust monitoring, installation of the cap, and disposition of the excess soil generated during the work. A draft report will be submitted to you for review and once your comments have been addressed a final version will be submitted to DTSC.
Preparation of O&M Plan
NV5 will prepare an O&M Plan to describe inspection and maintenance procedures, and reporting requirements (annual and Five-Year Reviews). A draft O&M Plan will be submitted to you for review and once your comments have been addressed a final version will be submitted to DTSC.
Continuing Groundwater Monitoring
NV5 and its subcontractor will monitor the newly installed wells quarterly for the first year and semi-annually for the next two years, resulting in 8 sampling events total.
General Environmental Consultation
NV5 will provide general environmental consultation to the City. These services will be provided as requested. We anticipate that the services may include but not be limited to participation in meetings with City staff, participation in meetings with City staff and DTSC, conducting site inspections with DTSC staff, participation in public meetings, review of correspondence from DTSC, and preparation of correspondence to DTSC. The estimated fee for this task is about 10 percent of the 3-year budget to allow for unforeseen scope changes and additional tasks.
Mr. Craig Murray
May 8, 2026
64401005P003.docx
ESTIMATED FEE
The following is the estimated fee to perform the additional scope of work for the scope of work described above:
Task 1 – Marina Bay Project
Task 1a – Annual Inspections and Five-Year Review
FY 2026/27 Annual Inspections and Reporting $10,320
FY 2026/27 Annual Inspections and Reporting Contingency 8,500 Revise Third Five-Year Review Work Plan 3,000
Third Five-Year Review Reporting 45,000
FY 2027/28 Annual Inspections and Reporting 11,350
FY 2027/28 Annual Inspections and Reporting Contingency 9,400 FY 2028/29 Annual Inspections and Reporting 12,490
FY 2028/29 Annual Inspections and Reporting Contingency 10,400 $110,460
Task 1b – Area T – Enhanced Groundwater Remediation &
Monitoring & Reporting
FY 2026/27 Groundwater Monitoring & Reporting $10,100
FY 2027/28 Groundwater Monitoring & Reporting 11,100
FY 2028/29 Groundwater Monitoring & Reporting 12,200
Additional Project Progression Event 50,000
$83,400
Task 1c – Area FM – Work Plan Revision, Temporary
Cap Construction, Reporting and General
Environmental Consultation
Observation/Documentation of Cap Installation
(includes dust monitoring) 74,580
Well Installation, Initial Sampling and Surveying 41,280 Preparation of Cap Installation Report and O&M Plan 14,320 Continuing Groundwater Monitoring 31,000
General Environmental Consultation 34,960
$196,140
Marina Bay Project Total $390,000
NV5 proposes to perform these additional services, as described herein, on a time and materials basis for an estimated cost of $390,000. Costs were estimated based on NV5’s current Schedule of Charges (see attached) and anticipated increases of 10% per year. This estimate will not be exceeded without the City’s authorization, and a material change in the scope of work. NV5 will perform the proposed scope of work under the terms of the City’s Purchase of Services Contract, which we understand will be provided by the City.
Mr. Craig Murray
May 8, 2026
64401005P003.docx
SIGNATURES / CLOSING
We appreciate the opportunity to be of continued service to the City and trust this is the information you require at this time. If you have any questions, please contact Ethan Akerman at (310) 713-4245 or Trevor Atkinson at (303) 345-1741.
Yours very truly,
NV5
Ethan Akerman, P.E. Trevor Atkinson, P.E.
Associate Engineer Vice President, Site Assessment and Remediation
Attachment: Schedule of Charges
SCHEDULE OF FEES
Effective January 01, 2026
1. Professional, Technical, and Administrative Services
Professional, Technical and Administrative services performed by NV5 personnel for hours spent on project activities including project management, project administration, office, field, and portal to portal travel time will be charged as follows:
Senior Principal $275.00 Associate III $180.00
Principal $265.00 Associate II $170.00
Senior III $250.00 Associate I $160.00
Senior II $240.00 Specialist III1 $135.00
Senior I $230.00 Specialist II1 $125.00
Staff III $210.00 Specialist I1 $115.00
Staff II $200.00 Project Analyst $110.00
Staff I $190.00
1Overtime or premium charges for hourly (non-exempt) staff will be billed at 1.5 times the stated hourly fee for hours greater than eight (8) hours per day and for observed holidays.
2. Vehicle and Mileage Fees
A daily rate of $125.00 will be charged for NV5 vehicles used on client projects. Please note that a vehicle usage surcharge may be applied as conditions dictate. Mileage for personal vehicle usage will be billed on a portal-to- portal basis at the current published IRS rate.
3. Travel and Subsistence Expenses
Per-diem and associated travel expenses incurred by NV5 personnel will be charged at cost plus fifteen percent (15%).
4. Materials, Subcontractors, Laboratories, and Equipment Rental Expenses
Daily equipment usage fees will be charged for NV5 owned equipment. Unless otherwise stated in our proposal (or if applicable attached Equipment and Field Supplies Fee Schedule), materials, equipment, and outside services, and other expenses contracted for, or incurred to execute a project, will be charged at cost-plus fifteen percent (15%).
These disbursements include, but are not limited to field equipment, subcontractor services, materials and supplies.
5. Billings
Services are typically invoiced monthly, or at the completion of the project, and are payable within thirty (30) days, unless otherwise agreed. Interest at the rate of one- and one-half percent (1.5%) per month will be payable on any amount not paid within thirty (30) days.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.
2. SUBMISSION OF INVOICES:
Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:
Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804
3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.
4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT D
GENERAL CONDITIONS
1. INDEPENDENT PARTIES:
Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.
The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.
2. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Contract.
3. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
5. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.
6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.
d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.
7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
8. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.
The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
10. CONFLICT OF INTEREST:
Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.
b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).
12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.
The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.
Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.
Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. INSURANCE:
Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,
2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.
Contractor agrees to abide by the terms and conditions of said policies.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. CONFLICTING PROVISIONS:
In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
18. FORCE MAJEURE:
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
19. CONFLICT OF LAW:
This Contract shall be interpreted under, and enforced by the laws of the State of Contract No: ________ For the Contract between the City of Richmond and
_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. CLAIMS:
Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. AUTHORITY:
City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.
25. WAIVER:
The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
26. COUNTERPARTS:
This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT F
INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.
1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.
Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.
Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ 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.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found 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 and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=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.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).
Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity: