Professional Services Contract – Stockton Navigation Center 1 PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corpor ation (“City”), and GRIFFIN STRUCTURES, INC., whose address is 1850 WARBURTON AVENUE, SUITE 120, SANTA CLARA, CA 95050 (“Consultant”) for CONSTRUCTION MANAGEME NT – STOCKTON SHELTER NAVIGATION CENTER, hereinafter referred to as “Project”.
RECITALS
A. Consultant represents that it is licensed in the St ate of California and is qualified, willing and able to provide t he services proposed in the SCOPE OF WORK section of this Contract.
B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NOW THEREFORE , in consideration of the mutual promises, covenants and conditions in this Contract, City and Consultant agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A which is attached to this Contract and incorporated by this reference.
Consultant shall provide said services at t he time, place, and in the manner specified in Exhibit A and compatible with the st andards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.
2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedul e detailed in Exhibit A.
Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called fo r in the scope of serv ices. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice.
Total compensation for services and reim bursement for costs shall not exceed $185,000 or as otherwise mutually agreed to in a written amendment executed by both parties.
3. INSURANCE. During the term of this Contra ct, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B, incorporated by this referenc e, and shall comply with all provisions of Exhibit B.
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Consultant shall hold harmless, defend, and indemnify City and its officers, officials,
ATTACHMENT B
Professional Services Contract – Stockton Navigation Center 2 employees, and volunteers fr om and against any and all liability, loss, damage, expense, and costs (including wi
thout limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which was caused by the so le negligence or willful misconduct of the City. This obligation is i ndependent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Contract. These obligations shall survive the completion or termination of this Contract.
5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A. This Contract shall commence on the date written above and shall expire on December 31, 2024, unl ess extended by mutual agreement through a written amendment.
a. Invoices submitted by Consultant to City must contai n a brief description of work performed, time used and City project number. Pa yment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limit ation. City shal l have no obligation or liability to pay any invoice for wo rk performed which Consultant fails or neglects to submit within sixty (60) da ys, or any extension thereof granted by the City, after work is accepted by City.
6. CONFORMANCE TO APPLICABLE LAWS . Consultant shall comply with all applicable Federal, State, and Municipa l laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally pr otected classification, including race, color, national origin, ancestry, sex, or religion of such person. a. TITLE VI
Title VI of the Civil Rights Act of 1964 r equir
es that “no person in the United
States shall, on the grounds of race, color, or national or igin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities r egardless of funding source. During the performance of this Cont ract, Consultant, for itself, its assignees, and
ATTACHMENT B
Professional Services Contract – Stockton Navigation Center 3 successors in interest agrees to comply with Appendix E of the Title VI Assurances.
b.
LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The Consultant shall understand the conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code.
https://leginfo.legislatur
e.ca.gov/faces/codes_displayText.xhtml?lawCode=L
AB&division=2.&title=&part=7.&chapter=1.&article=1.
c. PREVAILING WAGE RATES
Consultant and any s
ubcontractor shall pay each employee engaged in the
trade or occupation not le ss than the prevailing hour ly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of t he State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprent iceship or other training programs authorized by Section 3093 and similar pur poses applicable to the work to be done. Consultant performing the work under this Contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prim e Consultant and each subcontractor's responsibility to ensure that the prevai ling wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.
The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual cost of engineer ing, inspection, superintendence, and or other overhead expenses which are directly chargeable to the Contract. Should such work be under taken at the request of the City, reimbursement will not be required. To confor m strictly with the provisions of Division 2, Part 7, C hapter 1, Article 2, of the Labor Code of the State of California. To fo rfeit as a penalty to City the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by Consultant, or by any subcontractor
ATTACHMENT B
Professional Services Contract – Stockton Navigation Center 4 under Consultant, in the execution of this Contract, for each calendar day during which any laborer, worker, or mechanic is requir ed or
permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sect ions shall be deducted from the payments to be made under the terms of this Contract.
iii. PAYROLL RECORDS The Consultant shall ensure th at the prime and each subcontractor will, in accor dance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the P ublic Works Department, Attention:
Contract Compliance Officer. It shall be the Consultant ’s responsibility to obtain copies of the current prev ailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) cert ified approval by lo cal joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.
d. SANCTI ONS
Conformity with all laws, as provided by this Section, includes compliance with federal sanctions, and Consultant ce rtifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively ai d and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrant s that it has or will have at the time this Contract is executed, all licenses, permits , qualifications, insurance, and approvals of whatsoever nature which are legally requir ed for the Consultant to pr actice its professions, and Consultant shall, at its own cost and expense, keep in e ffect during the life of this Contract all such licenses, permits, qualific ations, insurance, and approvals. Consultant shall meet with the Public WorksEconomic Development Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto.
Consultant further warrants t hat it will follow the best curr ent, generally accepted and
ATTACHMENT B
Professional Services Contract – Stockton Navigation Center 5 professional practices to make findings, r ender opinions, prepare fa ctual presentations, and provide professional advice and recommendations regarding this project.
9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other document s completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed befor e final delivery to the Cit y, the Consultant shall replace them at its own exp ense. Consultant shall k eep materials confidential.
Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to any one not connected with these services unless the City expressly provides prior written consent.
10. TERMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Cons ultant. If the Contract is so terminated, the Consultant shall be paid fo r work actually completed at the time the notice of termination is received.
11. CONSULTANT STATUS. In performing the obligat ions set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Cons ultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and supplie rs, will be considered employees of Consultant. The Consultant shall be responsi ble for the work of subcontractors, which shall be subject to the provisions of this Cont ract. The Consultant is responsible to the City for the acts and omissions of its subcontractor s and persons directly or indirectly employed by them.
a. If in the performance of this Contra ct any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of C onsultant. All terms of employment including hours, wages, working c onditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed t hat Consultant must issue W-2 forms or other forms as requi red by law for income and employment tax purposes for all of Consultant’s personnel.
ATTACHMENT B
Professional Services Contract – Stockton Navigation Center 6 ii. As an independent cont ractor, Consultant he reby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any content ion by any third party that employer-employee relationship exists by reason of this Contract.
12. ASSIGNMENT
. Consultant shall not assign, sublet, or transfer this Contract or any interest or ob ligation in the Contract withou t the prior written consent of the City, and then only upon such terms and conditi ons as City may set forth in writing.
Consultant shall be solely responsible for reimbursing subcontractors.
13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
14. NOTICES. Any and all notices herein require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consultant: Gri ffin Structures, Inc.
1850 Warburton Ave.
Suite 120
Santa Clara, CA 95050
To City: City of Sto ckton Economic Development Dept. 400 East Main Street, 4th Floor
Stockton, CA 95202
Attn: Director
15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to t he Consultant’s engaging in any operation or activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Co ntract. Consultant covenants that it has obtained al l certificates, licenses, permits and the like required to perform the services under this Contract.
16. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for serv ices under this Contract. Upon request, Consultant agrees to furnish City, or a designated representat ive, with necessary information and assistance.
Consultant agrees that City or its delegate s hall have the right to review, obtain, and copy all records pertaining to performance of the Contract. C onsultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonab le notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other mate rial that may be relevant to a matter
ATTACHMENT B
Professional Services Contract – Stockton Navigation Center 7 under investigation for the pur poses of determinin g compli ance with this Contract.
Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
17. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
18. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its princi pals do not have any financial interest in real property, sour ces of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
19. WAIVER. In the event either City or C onsultant at any time waive any breach of this Contract by the other, such wa iver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
21. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.
22. INTEGRATION AND MODIFICATION. This Contract represents the entire integrated agreement between C onsultant and City, supers edes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this Contract are intended to be construed as a si ngle document. Should any inconsistency occur between the specific terms of this C ontract and the exhibits, the terms of this Contract will prevail.
23. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declar ed void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
24. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.
ATTACHMENT B
Professional Services Contract – Stockton Navigation Center 8 25. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOCKTON GRIFFIN STRUCTURES, INC.
B y : B y :
HARRY BLACK
CITY MANAGER
A T T E S T : N a m e :
B
y :
ELIZA R. GARZA, CMC Title:
CITY CLERK
APPROVED AS TO FORM:
B y :
DEPUTY CITY ATTORNEY
ATTACHMENT B
Griffin Structures Fee Proposal
City of Stockton Navigation Center
September 15, 2023
Griffin Structures’ Fee Proposal is based on all reasonable costs necessary to perform Construction Management Services for the City ’s Navigation Center project. For these requisite services Griffin Structures proposes the following Not-to-Exceed Fee based on hourly rates:
Project/Construction Management Services: $ 179,35 0
Reimbursable Expenses: $ 5,650
Grand Total $ 185,000
All proposed hourly rates are fully burdened and include overhead profit, taxes, and benefits. The hours identified for each individual employee and task are estimates only and are not to be construed as not to exceed hours for any individual task, phase, or time period. We reserve the right to reallocate hours between staff members, subconsultants, and tasks, in consultation with the City, in order to accomplish the overall objectives and requirements of the project.
Services are based on a 6-month schedule including construction, and closeout . Any extension of the schedule may result in an additional fee, in good faith negotiation with the City.
Approach to Project Schedule
This proposal assumes the following schedule/phasing plan and is illustrated in the Resource Allocation Schedule attached:
1. Due Diligence: September 2023 (1 Month)
2. Construction: October through December 2023 (3 Months)
3. Project Closeout: January through February 2024 (2 Months) Approach to Staffing & Project Team
To bring the highest level of efficiency and value to the City of Stockton, Griffin Structures has assembled following team:
Robert Godfrey will serve as the Principal-in-Charge/Project Executive throughout the project. In that role Robert will bring his extensive experience in transitional and affordable housing. For this level of service, we have allocated 160 hours of Robert’s time.
Hernan Munayco will serve as the Sr. Construction Manager for the entire duration of the project.
Hernan will bring leadership to the team, establish all construction management protocols, maintain all GRIFFIN STRUCTURESF EE P R OPOSAL 1
ATTACHMENT B
communications, and bring his considerable experience to bear including past experience as an architect. For this level of service, we have allocated a total of 565 hours of Hernan’s time.
Qualifications & Exclusions
1. Hourly rates are valid through December 31st, 2024 and will escalate by CPI annually thereafter.
2. Insurance costs are included as a reimbursable expense and will be billed monthly at the rate of $10 per $1,000.
3. On-site trailer rental, furniture, utilities, and sanitary facilities for our field staff (Project Management team) are excluded. We assume that offices will be provided as part of the construction site trailer(s) being provided by the City’s contractor.
4. Costs for all permits required for the project are excluded. It is assumed that the Agency will pay for all permitting fees, assessments, easements, school fees, and other agency or governmental fees or costs to support the design and construction the project. We have not included any permit related fees within our fee proposal. Permits will be pulled by others.
5. At no cost to the Owner, and subject to Internal Revenue Code 179D, (Deduction for Energy Efficient Commercial Buildings) Owner agrees to allocate any applicable tax deductions to construction manager (Griffin Structures) as may be relevant to ‘public entity’ projects.
6. Costs for construction staking, environmental and hazardous materials surveys, and all environmental and hazardous materials transportation and remediation costs are excluded.
7. Software licenses or user fees and all software training costs for specific project management software being required by either the Agency or their contractor(s) is excluded.
8. Cost of bulk blueprinting for plans and specifications for use by the contractors and subcontractors is excluded. Funds included in reimbursable expenses are for Griffin printing costs alone.
9. Independent or third- party testing companies such as Roofing, Peer Reviews, LEED, or other specialized third-party oversight services other than those listed herein are excluded.
10. Commissioning requirements required by Cal Green (Title 24) are excluded. Griffin will manage the commissioning process, but we have not included a commissioning agent, nor development of commissioning specifications.
11. No FF&E or OS&E procurement is included in this proposal. Griffin will help the City facilitate planning FF&E working with the facility operator and help the City identify a procurement strategy.
12. Construction Site Security is excluded.
13. Construction Manager will review all RFIs, Submittals, and Substitutions only for completeness, approvals to be executed by the designer of record.
14. This proposal does not include a formal independent Inspector of Record (IOR); it is assumed GRIFFIN STRUCTURESF EE P ROPOSAL 2
ATTACHMENT B
that any Building Department inspections will be performed by the State of California inspections staff. As part of discovery, Griffin will review inspection records and be present for future inspections as the City’s liaison.
15. Construction Cost Estimates, when provided, are based on standard industry practice, professional experience, and knowledge of market conditions. Griffin has no control over material and labor costs, or contractor’s methods of establishing prices or the market and bidding conditions at the time of bid. Therefore, Griffin does not guarantee that bids received will not vary from the cost estimate provided and Griffin is not liable for any costs, liabilities, or damages incurred by the Agency arising from Griffin’s opinion of cost, the actual project cost to the Agency, delays caused by events outside the control of Griffin, or any labor or material cost increases.
16. Griffin is not responsible for, and the City will hold Griffin harmless from, any schedule delays and/or any losses, damages, or liabilities resulting therefrom that are caused by (1) events or conditions that are outside of Griffin’s control or (2) the acts or omissions of parties for whom Griffin is not legally liable (collectively, “Non -Consultant Delays”). The schedule for completion will be extended for any Non -Consultant Delays. If Griffin incurs additional costs or expenses due to Non-Consultant Delays, then Griffin’s fee compensation will be equitably adjusted to cover such additional costs or expenses.
17. CASp review and inspection services are excluded.
18. Dry utility coordination services are not included . Griffin will review the current status of u tility procurement and advise the City on status and any needs identified.
GRIFFIN STRUCTURESF EE P ROPOSAL 3
ATTACHMENT B
PIC/PROJECT
EXECUTIVE
SR. CONSTRUCTION
MANAGER
Robert
Godfrey
Hernan
Munayco
$240/hr. $230/hr.
DUE DILIGENCE 60 104
Kick-Off Meeting Incl Incl
Review Current Project Conditions Incl Incl
Review Current Project Documentation Incl Incl
Familiarization with Plans & Specifications Incl Incl
CONSTRUCTION MANAGEMENT SERVICES 140 461
Contract Administration Incl Incl
Submittal Review & Processing Incl Incl
OAC Meetings Incl Incl
Quality Assurance Incl Incl
Coordination with Other Consultants Incl Incl
Construction Observation Incl Incl
Document Non-Conforming Work Incl Incl
Progress Review Incl Incl
Maintain On-Site Records Incl Incl
Review Payment Applications Incl Incl
Evaluate Change Orders Incl Incl
Project Status Reports Incl Incl
Collect Operations & Maintenance Manual, Warranties & Releases Incl Incl Reviw As-Built Documents Incl Incl
Coordinated Training Sessions Incl Incl
Oversee Commisssioning & Start-Up & Testing Incl Incl
Monitor Storm Water Pollution Prevention Plan Incl Incl Prepare Punch Lists Incl Incl
Final Project Report & Payment Incl Incl
Total Hours 200 565
Subtotals $49,400 $129,950
PROJECT / CONSTRUCTION MANAGEMENT TOTAL $179,350
REIMBURSABLE COSTS $5,650
Submittal Exchange NIC
Insurance $1,795
Misc. Office Supplies & Printing $3,855
GRAND TOTAL $185,000
PROJECT PHASE
Fee Proposal
GRIFFIN STRUCTURESF EE P ROPOSAL 4
ATTACHMENT B
SEP OCT NOV DEC JAN FEB
PROJECT PHASE
Due Diligence
Construction
Closeout
TOTALS
Project Executive 60 60 20 20 20 20 200
Construction Manager 104 104 104 104 104 45 565
0 Project Executive 14,400$ 15,000$ 5,000$ 5,000$ 5,000$ 5,000$ 49,400$ Sr. Construction Manager 23,920$ 23,920$ 23,920$ 23,920$ 23,920$ 10,350$ 129,950$ -$ -$ -$ -$ -$ -$ -$ 38,320$ 38,920$ 28,920$ 28,920$ 28,920$ 15,350$ 179,350$ 2024
MONTHLY STAFFING HOURS
2023
Resource Allocation Schedule
GRIFFIN STRUCTURESF EE P ROPOSAL 5
ATTACHMENT B
Exhibit B:
Insurance Requirements for Professional Services
Consultant (referred to in this Exhibit as “Contractor”) shall procure and maintain for the duration of the contract 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 by the Contractor, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Contractor provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
ATTACHMENT B
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this
ATTACHMENT B
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies
If any of the required policies provide claims-made coverage:
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 “extended reporting” coverage for a minimum of five (5) years after completion of work.
ATTACHMENT B
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3
rd Floor – HR
Stockton, CA 95202
ATTACHMENT B