This is a Public Works Contract. In accordance with section 1720 et seq. of the Labor Code, the general prevailing wage rates as established by the Director of the California Department of Industrial Relations will apply. The prevailing wage rates established by the State Director of Industrial Relations can be viewed at the City’ s offices, are available on the State of California’ s website at http:// www. dir. ca. gov/ OPRL/ DPreWageDetermination. htm, or can be obtained by mail addressed to:
Prevailing Wage Unit, Division of Labor Statistics and Research, Department of Industrial Relations, P.O. Box 603, San Francisco, CA 94101.
No Contractor or subcontractor may be listed on a bid proposal or awarded a contract for a public works project unless registered with Department of Industrial Relations ( DIR) pursuant to Labor Code section 1725. 5 at the time of bid. Each Bidder and subcontractor must submit proof of contractor registration with DIR ( e.g. a hard copy of the relevant page of the DIR' s database found at: https:// efiling. dir. ca. gov/ PWCR/ Search). This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771. 4.
Pursuant to Public Contract Code Section 22300, the successful Bidder may submit certain securities in lieu of the City retaining a portion of progress payments during the Project. Pursuant to California Civil Code Section 9950, the successful Bidder at the time the contract is awarded shall furnish a payment bond if civil work exceeds twenty- five thousand dollars ($ 25, 000) in the amount of 100% of the Total Contract Price. The successful Bidder shall also provide a performance bond in the amount of 100% of the Total Contract Price.
Attention is directed to the Contract Documents for complete details and bid requirements. Said Contract Documents shall be considered as a part of any Contract awarded pursuant to this Notice Inviting Bids.
All bids are to be compared on the basis of the City Engineer' s estimate of the quantities of work to be done.
The City of Emeryville reserves the right to reject any or all bids, and further reserves the right to waive formal irregularities as to any bid substantially in conformity with the specifications herein referred to. The City of Emeryville reserves the right to reject any and all bids or to waive any defects or irregularity in bidding in accordance with applicable law. In accordance with California Public Contract Code Section 20103. 8, if the City elects to award a contract for performance of the project, the contract will be awarded in accordance with California Public Contract Code Section 20162 and other applicable law to the responsible bidder submitting a responsive bid with the lowest total bid price. All bids will remain valid for 90 days after the bid opening. Except as permitted by law and subject to all applicable remedies, including forfeiture of bidder’ s security, bidders may not withdraw their bid during the 90- day period after the bid opening.
The firms of CTC, MNS Engineers, Rio Grande Pacific Technology, Zephyr Rail and Fehr & Peers have provided engineering services to the City for this project. Therefore, these firms, and any of their affiliates, partners, officers, employees, parent companies or subsidiaries are prohibited from being awarded the Contract for the project, subcontracting for a portion of the work under the Contract for the project, or supplying materials for the work under the Contract for the project. Accordingly, these persons and entities are ineligible to bid on the project and no Contract shall be awarded to such persons or entities identified as the Contractor, subcontractor or supplier on a submitted bid proposal for this Project.
All questions prior to award of the Contract shall be directed to the Project Manager Ryan O’Connell roconnell@emeryville. org. The deadline for submissions of initial questions and clarifications concerning the DocuSign Envelope ID: 27539D5E- DC1A-442F-BA4B-404E293EA74A Contract Documents is January 7, 2022, at 5:00pm. Only signed Addenda issued by the City Engineer or Project Engineer are binding.
By order of the City Council of the City of Emeryville, Alameda County, California, May 18, 2021.
Date: 12/ 10/ 2021
Ryan O’Connell, Senior Civil Engineer, City of Emeryville DocuSign Envelope ID: 27539D5E- DC1A-442F-BA4B-404E293EA74A
C A L I F O R N I A
REV 08/ 2020 Page 1 of 5
E X H I B I T B
Contract Insurance Requirements
For TCEP – QUIET ZONE SAFETY ENGINEERING MEASURES PROJECT, Project No. 18103, CIP No. 19475008
As used in this Exhibit B, Contractor refers to BAY CITIES PAVING AND GRADING, INC.
1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, 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 or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:
1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy.
Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.
Workers’ Compensation and Employer’ s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, DocuSign Envelope ID: 27539D5E- DC1A-442F-BA4B-404E293EA74A N/A
City of Emeryville | Contract Insurance Requirements ( Exhibit B) REV 08/ 2020
the atmosphere, watercourse or body of water, including groundwater. This shall include on and off- site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.
1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability
All Contract Types
1,000,000.00 per occurrence and $ 2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.
OR
Construction Specific
5,000,000.00 per occurrence and $10,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
Automobile Liability
2,000,000.00 per accident for bodily injury and property damage.
Professional Liability / Errors and Omissions
2,000,000.00 per claim and aggregate.
Workers’ Compensation and Employer’ s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’ s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease.
Pollution Liability Insurance
2,000,000.00 per occurrence and $ 2,000,000.00 aggregate.
Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.
DocuSign Envelope ID: 27539D5E- DC1A-442F-BA4B-404E293EA74A N/A
City of Emeryville | Contract Insurance Requirements ( Exhibit B) REV 08/ 2020
2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:
General Liability
1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; 2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; ( 3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’ s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it; and ( 4) the insurance coverage shall contain standard separation of insureds provisions.
Automobile Liability
1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and ( 3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’ s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.
DocuSign Envelope ID: 27539D5E- DC1A-442F-BA4B-404E293EA74A City of Emeryville | Contract Insurance Requirements ( Exhibit B) REV 08/ 2020
Workers’ Compensation and Employer’ s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
Pollution Liability Coverage
1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; ( 2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and ( 3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty ( 30) days prior written notice by certified mail, return receipt requested, has been given to the City; and ( 2) 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 officials, employees, agents and authorized volunteers.
3. NO SPECIAL LIMITATIONS
The required insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
DocuSign Envelope ID: 27539D5E- DC1A-442F-BA4B-404E293EA74A N/A
City of Emeryville | Contract Insurance Requirements ( Exhibit B) REV 08/ 2020
5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’ s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’ s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.
Attach:
Insurance Certificate and Endorsements
DocuSign Envelope ID: 27539D5E- DC1A-442F-BA4B-404E293EA74A